Terms & Conditions

TERMS OF TRADE

SUPPLIES: I/We agree that these Terms of Trade shall apply to the supply of goods (“the goods”) and services (“the services”) by Hawkes bay Embroidery Ltd to me/us unless otherwise agreed to in writing.
PAYMENT: I/We agree to pay this account in full on pick-up for our first completed order, there after I/We agree to pay this account by the 20^th of the month following the invoice date. If the account is unpaid by the due date I/We agree that a 2.5% interest rate per calendar month may apply until paid in full.I/We agree that unpaid accounts may be passed on to an appointed agent for debt collection. I/We agree to pay all collection costs, solicitors’ fees, charges and/or costs and enforcement costs incurred by Hawkes Bay Embroidery Ltd in recovering any monies owed.
NON PAYMENT: If any account remains unpaid after the due date, in addition to interest being payable at the rate set out in Section 2 above, Hawkes Bay Embroidery Ltd may exercise any and all remedies afforded to a secured party by Part 9 of the Personal Property Securities Act 1999 and enter any building, premises or vehicle owned, occupied by me/us, to search for or re-take possession of the goods. I/We further agree that sections 114A, 117C, 113 and 134 of the Personal Property Securities Act 199 shall not apply and I/We waive any right that I/We may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129 and 131 of the Personal Properties Securities Act 1999.
RISK: Risk passes from Hawkes Bay Embroidery Ltd to the customer on delivery of goods, from which time the goods will be at the customers risk notwithstanding that payment for such goods may be payable in whole or in part at some later date.
OWNERSHIP OF GOODS: Until payment of the whole of the purchase price, the goods remain the property of Hawkes Bay Embroidery Ltd. If the goods are sold/disposed of by the customer or become constituents of other goods then the proceeds of the sale shall be held in trust for Hawkes Bay Embroidery Ltd.
PERSONAL GUARANTEE WHERE THE APPLICANT IS A COMPANY: I/We the Director/s of the Company agree to guarantee all amounts which are payable to Hawkes Bay Embroidery Ltd and that you may demand and recover from me/us any amounts which are payable by me/us instead of or as well as demanding payment from the Company.
PRIVACY ACT 2020 AUTHORISATION: I/We authorise any person or company to provide Hawkes Bay Embroidery Ltd with such information that may be reasonably required for the purpose of this application. The information collected for the purpose of this application by Hawkes Bay Embroidery Ltd shall be held in confidence and used only for the maintaining of accounts. The information shall not be passed on to any other party without written confirmation by the customer.
CONSUMER GUARANTEES ACT 1993: Where the goods or services provided by Hawkes Bay Embroidery Ltd are acquired for the purposes of a business, the Consumer Guarantees Act 1993 and any amendments to the Act shall not apply.
WARRANTIES: Hawkes Bay Embroidery Ltd warrant that the goods supplied comply with the Sale of Goods Act 1908. The consumer must, however, satisfy themselves that the goods are fit for the purpose that they are being used for and agree to follow any instruction for care and/or use, either implied or otherwise deemed to be reasonable for that particular type of style or product. Hawkes Bay Embroidery Ltd liability shall not exceed the price of the goods. Where the goods are shown to be of faulty manufacture, Hawkes Bay Embroidery Ltd shall repair, replace or refund, upon return of the goods in question as discussed with the customer.
COPYRIGHT: Where Hawkes Bay Embroidery Ltd is asked to manufacture goods to the specifications or samples supplied by the customer, it is the customers responsibility to determine if the specifications or sample supplied are subject to copyright, patent, registered design, trademark or common law right. If the specifications or sample supplied are covered by any of the aforementioned, the customer agrees to indemnify Hawkes Bay Embroidery Ltd against all responsibility, claims for damages, penalties, costs and expenses that may arise.