In these Terms and Conditions "Company" means Sell Smart.Biz Ltd, TouchNZ or TouchSub, and "Customer" means the person or Company that purchases the goods. "services" means the goods and services specified in the Company's invoice. These terms and conditions apply to all contracts for the provision of advertising to, or provision of work for, the Customer to the exclusion of any terms and conditions specified by the Customer.
1. The contract formed between the customer and the company will be for the agreed term stated in the contract
2. In the event of a cancelation before the completion of the contract, the customer will pay a 25% cancelation fee based on the remaining value of the contract.
3. All prices are quoted as being plus GST/VAT or Tax
4. All prices quoted in brochures, website or catalogues are subject to confirmation at time of signing of a contract and are exclusive of Tax, which will be chargeable in accordance with current legislation at the date of supply.
Terms of payment
1. Terms of payment are strictly net and payable 14 days from the date of the Company's invoice.
2. The Company, at its discretion, reserves the right to implement charges (including interest charges) on accounts outstanding beyond the credit terms. A surcharge of 5% of the value of the invoice may be implemented if the payment due remains outstanding for a period of greater than 21 days after the date of the Company's invoice. The rate of interest charged shall be 18%.
3. Credit limits may be given to approve accounts at the discretion of the Company but the Company may require both bank and trade references. At its sole discretion the Company may cancel or amend a credit limit previously granted.
Liabilities and Warranties
1. The customer does not hold the company liable for any false or misleading claims made by the customer in the advertising in any shape or form.
2. The customer indemnifies the company from any legal action that might arise due to any false or misleading claims made by the customer in the advertising.
3. Save as herein provided, all representations, conditions, warranties or other terms expressed or implied or whether statutory or otherwise are hereby expressly excluded.
4. Under no circumstances shall the Company be liable to the Customer or to third parties for loss (including, but not limited to, profit or data) damage or injury howsoever arising.
5. The warranties in these terms of trade in no way invalidate any statutory right of the Customer.
6. The failure by the Company at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
1. The Company shall not be responsible for any failure to perform its obligations hereunder due to circumstances beyond its control.
2. The contact between the Company and the customer shall be governed by and construed in accordance with the laws of New Zealand.
1. The Company uses a third party collection company to perform collection of overdue debts. If an account is not paid when due, the company will charge interest on overdue accounts at 18%, calculated monthly on the balance still owing at the 20th of each month.
2. In addition, may cease continuing advertising the customers products (s) until payment is made, unless some special other arrangement is made.
3. Any expenses incurred by the company in pursuing overdue accounts will be added to the original amount outstanding and together with interest, will become part of the total sum due and payable by the customer.
Any disputes over charges can be discussed direct with the collection company supervising the matter.
Unless an alternative arrangement is made at the time of signing the sales contract, the customer's signature on the sales contract will evidence acceptance of these terms stated here.
Each of the above Terms and Conditions shall be read and construed independently of each other so that if one more is held to be invalid as an unreasonable restraint of trade, or for any other reason whatsoever, then the remaining Terms and Conditions shall be valid to the extent they are not held to be so invalid. Further, in the event that any Term and Condition shall be found void but will be valid if some part thereof were deleted then such modification as may be necessary to make it valid and effective.
If you would like further explanation of the issues raised above, we will be happy to discuss them