TERMS OF TRADE

1. 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. Any amendments to these Terms of Trade must be documented and mutually agreed upon.

2. PAYMENT TERMS

• Initial Payment: I/We agree to pay this account in full on pick-up for our first completed order.
• Ongoing Payment: Thereafter, I/We agree to pay this account by the 20th of the month following the invoice date. Payments may be made via bank transfer, credit card, or other agreed methods.
• Late Payments: If the account is unpaid by the due date, a 2.5% interest rate per calendar month may apply until the account is paid in full.
• Debt Recovery: I/We agree that unpaid accounts may be passed on to an appointed agent for debt collection. I/We further agree to pay all collection costs, solicitors’ fees, charges, and/or enforcement costs incurred by Hawkes Bay Embroidery Ltd in recovering any monies owed.

3. NON-PAYMENT

• If any account remains unpaid after the due date, Hawkes Bay Embroidery Ltd may exercise any remedies afforded under Part 9 of the Personal Property Securities Act 1999 (PPSA).
• Hawkes Bay Embroidery Ltd reserves the right to enter any building, premises, or vehicle owned or occupied by me/us to search for or re-take possession of goods.
• I/We agree that the following sections of the PPSA do not apply: 114A, 117C, 113, and 134. I/We waive any rights under sections 116, 119, 120(2), 121, 125, 126, 127, 129, and 131.

4. RISK

• Risk in the goods passes to the customer upon delivery. Delivery is deemed complete when goods are:
• Collected from the premises by the customer or their agent, or
• Received by a courier or delivery service, whichever occurs first.
• Insurance for goods in transit is the responsibility of the customer unless otherwise agreed in writing.

5. OWNERSHIP OF GOODS

• Ownership of goods remains with Hawkes Bay Embroidery Ltd until full payment of the purchase price is received.
• If the goods are sold or disposed of by the customer or become part of other goods, the proceeds of such sale shall be held in trust for Hawkes Bay Embroidery Ltd.

6. PERSONAL GUARANTEE (FOR COMPANIES)

• I/We, the Director(s) of the Company, personally guarantee all amounts payable to Hawkes Bay Embroidery Ltd. Payment may be demanded from me/us instead of or in addition to the Company.

7. PRIVACY ACT 2020 AUTHORISATION

• I/We authorise any person or company to provide Hawkes Bay Embroidery Ltd with information reasonably required for the purpose of maintaining accounts.
• All information collected will be held confidentially and used solely for account maintenance. Information will not be shared with third parties without the customer’s written consent, except as required by law.
• Customers have the right to access and correct their personal information under the Privacy Act 2020.

8. CONSUMER GUARANTEES ACT 1993

• Where goods or services are supplied for business purposes, the Consumer Guarantees Act 1993 does not apply.

9. WARRANTIES

• Hawkes Bay Embroidery Ltd warrants that goods supplied comply with the Sale of Goods Act 1908.
• Customers must ensure the goods are fit for purpose and follow any care instructions provided. Liability is limited to the price of the goods.
• In cases of faulty manufacture, Hawkes Bay Embroidery Ltd will repair, replace, or refund goods upon return and mutual agreement with the customer.

10. COPYRIGHT

• If goods are manufactured to customer specifications or samples, it is the customer’s responsibility to ensure these are not subject to copyright, patent, trademark, or other rights.
• The customer agrees to indemnify Hawkes Bay Embroidery Ltd against any claims, penalties, or costs arising from intellectual property disputes.

11. FORCE MAJEURE

• Hawkes Bay Embroidery Ltd shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, strikes, or supply chain disruptions.

12. DISPUTE RESOLUTION

• Any disputes shall be resolved through mediation or arbitration in accordance with New Zealand law before pursuing other legal remedies.

13. GOVERNING LAW

• These Terms of Trade are governed by the laws of New Zealand. Any disputes will be subject to the jurisdiction of New Zealand courts.