TERMS AND CONDITIONS
SERVICE PROVIDER: means ENC Graphics Trading as KiwiGrams with “us” and “we” having corresponding meaning
CLIENT: means the person or entity engaging or requesting ENC Graphics Trading as KiwiGrams, with “I”, “my” and “our” having a corresponding meaning
ACCEPTANCE
Any instructions received by the Service Provider from the Client for the supply of products and services, shall constitute acceptance of the terms & conditions contained herein.
QUOTATIONS AND ESTIMATES
Quotes and estimates may be given and will be clearly labelled. If a quote is accepted, the work will be done for that price, unless KiwiGrams and the client agree to change it. Estimates are subject to change and can be exceeded by up to 20% of the original estimated before KiwiGrams is required to clarify with the client.
PAYMENT TERMS
All payments are due 7 days after the invoice date unless otherwise arranged in advance and confirmed in writing. The Service Provider reserves the right to require either security or payment in advance before delivering products and services.
OWNERSHIP
Ownership of the products supplied as part of our service is retained by us the Service Provider until payment in full for the products and services supplied by us to you the client is received. The client shall hold the product for KiwiGrams as a fiduciary owner, notwithstanding any period of credit allowed by KiwiGrams. Upon default of any payment due by the client to KiwiGrams or, either before or after any period of the credit expires, upon the client becoming insolvent or having a receiver appointed or going into liquidation, KiwiGrams
may enter the premises where the products are kept and recover possession of the products subject to the credit contracts and consumer finance act 2003.
INTEREST AND LEGAL EXPENSES
If the client fails to make payment by the due date the client shall be liable to pay the Service Provider:
Default interest on the amount outstanding calculated at principal bank lending rate plus 5% per month and shall accrue after as well as before judgement.
We may temporarily or permanently suspend your account.
All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you the Client are liable for its payment.
ETHICAL AND LEGAL REQUIREMENTS
The Service Provider is required to act within the
a. Health and Safety in Employment Act 1992
b. Consumer Guarantees Act 1993; unless the Services are acquired for the purposes of a business and that the provisions of the Consumer Guarantees Act 1993 are excluded in relation to the Services.
c. The Fair-Trading Act 1986
d. Privacy Act 1993
PRIVACY ACT
Subject always to the provisions of the privacy act 1993.
a. The client permits the Service Provider to collect, use and retain information concerning the client, for the purpose of assessing the client's credit worthiness or to enforce any rights under these terms and conditions and any contract or proposal supplied to the client.
b. The client permits the Service Provider to disclose information obtained to any person for the purposes set out in clause (a) of this section.
CONFIDENTIALITY
The Service Provider shall use all reasonable efforts to:
a) Preserve the confidentiality and avoid the disclosure of the Clients Confidential Information (defined below), unless strictly required otherwise by law;
b) Not at any time disclose, give, or transmit (in any manner or form or for any purpose) the Clients Confidential Information to any person, party, firm, or corporation unless required by law;
c) Not use any Confidential Information in any way other than for the purpose of providing the Services to the Client.
d) Ensure that all The Service Providers employees or agents to whom the Clients Confidential Information is disclosed are legally bound to keep the Clients Confidential Information confidential.
PPSA "personal property securities act 1999" the Client agrees that the provisions herein constitute a security interest in personal property (as those terms defined in the personal property securities act 1999 (“PPSA”) in respect of which the service provider may register a financing statement on the personal property securities register.
The client hereby waives its rights contained in sections 116,119,120(2), 121,125,126,127,129,131 and 132 of the PPSA.
EXEMPTION OR LIMITATION FROM LIABILITY WHERE PERMITTED BY LAW
KiwiGrams shall use all reasonable endeavours to complete the services within estimated time frames.
Except in the event of wilful default or dishonesty by the Service Provider, the Client indemnifies and saves harmless the Service Provider from and against all actions, claims, demands, losses, costs, damages and expenses (including, without limitation, reasonable legal costs on a solicitor/client basis) incurred by the Service Provider as a direct or indirect result of performing the services.
DISPUTES
In the event that of a dispute the Client must immediately notify the Service Provider giving details of the dispute. The Client agrees that the Service Provider and the Client acting in good faith will then endeavour to resolve the dispute. In the event the dispute or difference cannot be agreed to, both the Client and the Service Provider agree that a mediator will be appointed. If the dispute is not settled by mediation within 30 working days of service of notice of the dispute by any party, or such further period as the parties agree in writing, the dispute shall be referred to and finally resolved by Litigation.
CANCELLATION
The Service Provider may cancel these terms & conditions or services by giving notice. The Service Provider shall not be liable for any loss or damage arising from such cancellation. The client may cancel services at the client’s sole discretion and will be liable for any costs incurred by the service provider
SEVERABLE
If any of these Terms and Conditions are held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.