Terms and Conditions of Trade
These terms and conditions of trade apply to all of our Sale of Goods contracts. Any order placed with Creative NZ Limited (“Creative”) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Creative (including an order) are hereby objected to and will not bind Creative unless Creative agrees in writing. No sales person, representative or agent is authorised by Creative to give any guarantee, warranty or representation in addition to, or contrary to these terms. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
1. PRICE AND PRICE VARIATION
1.1. Prices quoted are in New Zealand Dollars and exclude GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery or collection of the goods. Prices quoted do not include delivery.
1.2. Creative may adjust any quoted price from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Creative of carrying out all or any part of the contract arising from any of the following:
1.2.1. Delays in delivery of the goods as a result of the customer’s failure or inability to fulfil the obligations under the contract or other circumstances beyond Creative’s control;
1.2.2. Variations in the cost of Creative acquiring the goods including but not limited to changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
1.2.3. Variations in the cost of the goods due to any statutory, government or local government or governmental authority charges and obligations; or
1.2.4. Any correction of errors or omissions on the part of Creative or any of its representatives.
2.1. The purchase price must be paid to Creative prior to dispatch by credit card, internet banking or cheque. Please note that payment by cheque will delay delivery until clearance.
2.1.1. In some circumstances a cheque payment may be accepted before clearance and the relevant stock sent. Where this occurs and the cheque is dishonored;
18.104.22.168. A $25.00 fee will be added to the Customers total amount outstanding for the goods.
22.214.171.124. Creative reserves the right to request the immediate payment in cash for the goods or the return of the goods in saleable condition. Failure to either pay for the goods or return the goods after such a request will be deemed as theft and the police may be contacted as a result.
2.2. Creative reserves the right to suspend delivery or supply of further goods if the Customer does not strictly adhere to the terms of trade.
3.1. Creative shall deliver the goods to the address stated on the order or as agreed by Creative in writing.
3.2. Creative shall deliver the goods by such carrier and such form of transport as Creative in their sole discretion consider to be appropriate UNLESS the Customer specifies the carrier and the means of carriage and this is accepted in writing by Creative, in which case Creative shall deliver the goods in the way specified, the cost of such carriage being an additional charge to the invoiced price of the goods.
3.3. Creative are not liable for any consequences (direct or indirect) arising from part delivery, non-delivery or delay in delivery of the goods as a result of events occurring beyond the control of Creative.
3.4. Ownership of the goods passes to the purchaser on dispatch unless otherwise agreed.
4. PRIVACY ACT 1993
4.1. The Customer authorises Creative to collect, retain, and use personal information about the Customer (including information in this document) to, market goods and services to the Customer or disclose to a third party details of this application or any subsequent dealing with Creative for the purpose of recovering amounts payable by the Customer.
4.2. The Customer, if an individual, has the right of access to information about the Customer held by Creative.
4.3. The Customer may request correction of that information and may require that the request be stored with that information. Creative may charge reasonable costs for providing access to that information.
5. COLOUR MATCHING
5.1. If Creative is required to match a particular shade or colour, a reasonable variation shall be allowed from the color requested. Where there is dispute regarding the color requested, Creative shall have sole discretion to find the color ‘reasonable’.
6. INTELLECTUAL PROPERTY
6.1. All information prepared by Creative including, without limitation, customised pricing, proposals, electronic catalogues, details of improvements and cost reductions, is confidential information belonging to Creative and cannot be copied, altered or distributed without the prior written consent of Creative. Creative is not responsible for any damage, expense or liability arising from alterations made by the Customer to anything referred to in this sub-clause.
7.1. Creative provides all information, including information on it’s website, gratuitously but without liability.
8. RETURN OF GOODS
8.1. Creative will refund or exchange any product found to be faulty only in accordance with the terms of this clause.
8.2. Creative will not accept the return of goods for credit or any other purpose unless Creative first receives notification of the faulty goods within two (2) working days of receipt by the Customer and the goods have been returned within 14 days of delivery to the Customer. Return freight will be at the Customers cost, unless the reason for the return of the goods is error on the part of Creative. This clause is subject to clause 8.3.
8.3. No return of goods shall be accepted by Creative (even if Creative agree to do so) if they have been tampered with by the Customer or any other person or if they are goods expressly sold on a non-return basis. Where goods are returned to Creative but not accepted they shall be returned to the Customer at the Customer’s expense and the full price will remain payable by the Customer.
8.4. Receipt by Creative of any goods returned other than in accordance with clause 8.2 shall not constitute nor be deemed to constitute acceptance by Creative of the return of the goods for credit or any other purpose.
8.5. Products cannot be returned on the basis of an unsatisfactory colour choice being made by the Customer.
8.6. Products must be returned to the head office of Creative and not to any sales representatives or agents.
8.7. Any goods ordered by the Customer without the correct stock codes will not be exchanged.
8.8 If good are returned 15% re stocking fee applies.
9.1. Risk in the goods passes to the Customer upon leaving Creative’s premises.
10.1. The Consumer Guarantees Act 1993, Commerce Act 1986, Fair Trading Act 1986, Sale of Goods Act 1908 and other statutes may imply warranties or conditions or impose obligations upon Creative which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Creative, Creative liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
10.2. The Customer acknowledges that supply under this contract is a supply for business purposes in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 (“Act”) and accordingly, subject to clause 16 of the provisions of the Act do not apply to any supply made pursuant to this contract.
10.3. The Customer agrees and acknowledges that in no event will Creative be liable for any property damage, personal injury, direct or consequential loss or damage incurred by the Customer or a third party whether due to defective goods and/or as a result of negligence or otherwise by Creative or its servants or agents but in any event the liability of Creative will NOT EXCEED THE PURCHASE PRICE paid by the Customer for the goods or services.
10.4. When the Customer on sells the goods to Customers who purchase the same for business purposes the Customer shall contract out of the Act in the same manner as in clauses 10.1 and 10.2 above. Should the Customer fail to do so, the Customer will indemnify Creative against any claim, expense or loss suffered as a direct or indirect consequence of such failure.
11. CUSTOMER LIABILITY AND DEFAULT
11.1. If the Customer shall:
(i) fail to make any payment due under the contract or commit any other breach of any of the Customer's obligations under the contract; or
(ii) suffer execution under any judgment; or
(iii) commit an act of bankruptcy; or
(iv) make any composition or arrangement with any creditor; or
(v) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
Creative (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Creative may otherwise possess.
12. VARIATIONS TO TERMS AND CONDITIONS OF TRADE
12.1. Creative may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT Creative shall not make any variation to the nature or extent of any Security Interest granted by the Customer without the written agreement of the Customer. Creative may notify the Customer by delivering to the Customer an invoice with these terms and conditions of trade and receipt of the invoice by the Customer will be deemed to be acceptance by the Customer of the terms and conditions of trade.
13.1. This Agreement is governed by and construed in accordance with laws of New Zealand for the time being in force, and the parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand in respect of any dispute or proceeding.