Terms of Trade
This agreement sets out the terms that apply to the relationship between you (and “your”) and Boost Promotions Limited (“we”, “us” and “our”).
If we fail to enforce any of the terms of this agreement, it will not be deemed to be a waiver of any of the rights or obligations we have under this agreement.
If any dispute arises between you and us we must be notified within seven (7) days. If the dispute relates to delivery, then we must be notified within three (3) days. Any product the subject of a claim must not be destroyed or removed from the delivery address until we have inspected the product or waived such right.
If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected. This is the entire agreement superseding all prior agreements, representations and warranties. Any instructions we receive from you will be subject to this agreement. On occasions we may outsource (contract out) part of the work required to produce the products and services. You agree to pay for all amounts due in connection with the outsourcing. If required by us, you will store a product in such a way that it can be identified as provided by us.
You agree that all documentation related to this agreement may be served on you by email. Changes to these terms will be published on our website.
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate, disclose and make use of personal information.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
You are welcome to contact us at any time to access and update your personal information or to opt out of receiving further communications. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
Unless your consent is withdrawn in writing, you agree to us disclosing any of your information:
- to give effect to or enforce our obligations under this agreement or a finance agreement; or
- when authorised by you or required by law;
- to assess your credit worthiness.
- we will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- we will make readily available information about our policies and practices relating to the management of personal information.
- we are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
PRODUCTS & SERVICES
Our “Products and services” and “product(s)” means and includes, without limitation, all goods and inventory (whether separate, attached to something or performed work on), services and out of pocket expenses provided to you by us and identified:
- in any account, financial agreement, application, order form, packing slip, wholesale list, email, supply request, quote, marketing plan, invoice, statement or other document issued by us to you, which are deemed to be incorporated into and form part of this agreement; or
- as ours by marking or a manner of storage enabling them to be identified as ours.
The price for products and services is the cost as agreed between you and us from time to time including all out of pocket expenses. You agree to reasonable changes in the price of products and services at any time. If no price is stated in writing or verbally agreed, the products and services will be deemed to be provided at the cost that we provide those products and services at the time of the transaction.
DELIVERY & SHIPPING
We are responsible for the goods until they are delivered to the nominated delivery address that you have provided. Where goods are to be collected from our premises; you are solely responsible for collection and the safe keeping of these items. We take no responsibility for items damaged whilst in your care. We reserve the right to make split deliveries on items listed on your invoice. Any delivery date or time provided is an estimate only and we take no responsibility for delayed shipments caused by courier or freight forwarder. We reserve the right to charge additional freight where required.
When we give you a quote for products and services unless otherwise agreed or withdrawn in writing, the quote will be valid for thirty (30) days from the date of issue; the quote will be exclusive of GST and other taxes unless stated otherwise; we have the right to alter the quote because of circumstances beyond our control; and you agree to pay for the extra costs incurred where other products and services are required in addition to the quote or if you request alterations. The designs, images, information and concepts featured in our proposals and presentations are confidential and must not be disclosed or distributed to any person without express permission from Boost Promotions Limited.
We will inform you of the appropriate artwork format file required prior to production. Information on acceptable file types is also available on our website.
We are only responsible for reproduction of artwork supplied by you, or produced against your written order. We reserve the right to reject artwork supplied if it is not of suitable quality or format for printing. If you choose not to proceed with an order after an art proof has been created for you, you must provide written notice to us, and will be liable for any for any administration charges including freight associated with your order. As part of your order you will receive an artwork proof, which must be checked and approved by you for us to proceed with production. If you require any amendments after production has commenced, you will be liable for any product, administration and freight charges associated with your order. We do not accept responsibility for incorrect artwork once the proof has been approved by you.
You agree that samples of products shown to you may vary from products provided to you. Samples may be issued on loan, and must be returned in original packaged condition within 7 days at your expense. After this time any items not returned or returned damaged will be invoiced to you.
All new customers are required to make payment prior to dispatch. This payment can be made through invoice or credit card. When you send a payment to us, you are providing an authorisation to process your payment and complete the transaction. The payment will be held as pending until we processes your payment. There may be some delay processing your payment. In such an instance, your authorisation will remain valid for up to 7 Days.
All existing customers who have an account with us are required to make payment on or before the 20th day following the date of delivery (“the due date”) unless otherwise agreed in writing.
We reserve the right to add interest on any amount you owe after the due date at a rate of 2.5% per month or part month; any expenses, including debt collection and legal costs, that we incur as a result of enforcing any of our rights contained in this agreement; without set-off, deduction or counterclaim; and a deposit when required. We may require to hold a credit card for services, and if so, we may also require a payment bond, at an agreed amount, to be deducted from your credit card. You agree to us allocating any payment received from you towards any invoice on your account, if no allocation is made, then payment received will be used to preserve the maximum value of our security interest in the products.
Manufacturer’s warranties apply to products not manufactured by us. If you are in trade, you agree that the Consumer Guarantees Act 1993 does not apply. Subject to any obligation to you under the Consumer Guarantees 1993 and the Carriage of Goods Act 1979, if we are deemed to be liable to you for any loss or damage of any kind, arising from the provision of services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort or otherwise, then it is agreed by you, that our total liability is limited to the value of the products and services provided to you.
We are not liable for delay or failure to perform our obligations if the cause is beyond our control.
We are authorised to sell alcohol from (but not on) our premises and deliver to the customer as per our Off Licence. Under New Zealand Law we are only able to sell promotional products and gifts containing alcohol to persons over the age of 18 and age verification will be required.
CANCELLATION & AMENDMENTS
To amend or reject an order prior to production, you must provide written notice to us. You will be liable for any administration charges including freight associated with your order.
We may refuse cancellation or amendment to orders already approved into production. You will be liable for any product, administration and freight charges associated with your order.
We have the right by notice to suspend or cancel any part of any agreement for the provision of products and services to you if you default by:
- failing to pay or indicating you will not pay any sum owing by the due date;
- any of your creditors seizing or indicating they will seize any products provided to you;
- products in your possession becoming materially damaged while any amount owed to us remains unpaid;
- being bankrupted, insolvent, under statutory management or put into liquidation;
- a receiver being appointed over or a landlord possessing any of your assets;
- a court judgment entered against you remaining unsatisfied for seven (7) days;
- breaching the terms of this agreement; and
- an adverse material change in your financial position.
You agree that if you default and the default is not remedied within seven (7) days of occurrence, we may enter any premises occupied by you to inspect or retrieve any products. We may store and/or sell any products and credit the net sale proceeds to your account.
Cancellation or suspension will not affect our claims for any amount due at the time of cancellation or suspension, damages for any breach of your obligations under this agreement and any other legal rights we may have. Upon cancellation of this agreement any amount owed by you for work done up to and including the date of cancellation will become due and current orders terminate.
A no returns policy applies to all products, unless the return is due to fault, incorrect supply, or damage caused by us and you have notified us of the issue within 7 days of delivery. We may repair or replace the product at our discretion. You will be responsible for the cost of returning any product. Any product the subject of a return must not be destroyed or removed from the delivery address until we have inspected the product or waived such right. All product(s) being returned must be in original condition with all tags still attached. Any product that has been damaged or is missing tags or not in original condition will not be accepted.
OWNERSHIP & SECURITY
We retain ownership of and hold a security interest in all products until you have fulfilled all obligations under this agreement and paid us in full for all products and services provided by us. While we retain ownership, you will store products in such a way that they can be identified as provided by us. You agree that we hold security interest in all of your present and after acquired property. You agree to waive your entitlement under 148 of the Personal Property Securities Act 1999 to receive a copy of a verification statement where we have registered our interest. You agree that if you default we may exercise a general lien against any products in our possession. We own all existing and new intellectual property rights connected to the products and services and documentation associated with the same. You fully indemnify us for any intellectual property infringements we may make when acting in accordance with your instructions.
If you are a director of a company or the trustee of a trust:
- in exchange for us agreeing to supply products and services and grant credit to the company or the trust, you also sign this agreement in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment and/or default; and
- any personal liability of you as director or trustee will not exclude the company or trust from the liabilities and obligations contained in this agreement.