Terms and Conditions of Sale
In these terms and conditions of sale the words "B & F" means B & F PAPERS LTD and the organisation, or individual to whom the goods are being supplied.
Use of this account shall constitute acceptance of these terms and conditions.
Account shall be payable no later than the 20th of the month following date of invoice. The Company reserves the right to charge interest on all overdue accounts at a rate of 5% above the Bank of New Zealand Limited base rate on the day payment is due. Interest shall accrue on a daily basis from the day on which payment was due up to and including the day of actual payment, whether after judgement or not. The customer shall be liable for all costs of collection and legal fees incurred by the Company in recovering amounts payable here under. No payment shall be withheld for any disputed portion of an account unless full details of the disputed portion are sent to the Company and deductions should be fully documented in support of the payment made.
If B & F fails, or appears to fail to enforce any of B & F 's rights under this Agreement, B & F has not waived or minimised those rights, and retains the right to enforce the terms and conditions of sale at any point in time of B & F/s choosing.
Acceptance of these terms and conditions acknowledges that you the PURCHASER agrees that there could be costs incurred if you do not pay their account on or by the due date.
B & F uses the service of B & D Holdings Limited (debt collectors) for the enforcement of its rights (debt collection) under this agreement; however, B & F reserves the right to change the name of recovery agent at any time.
If your account is not paid in a timely fashion and we consider that we need to enforce our rights (recover your loss) per your contract, we will write to our collection agents and obtain the assignment of debt figure (their costs and commission) they deem necessary to pursue this matter further. Their figures (our agent’s costs and commission) will be communicated to you in our final demand to you.
In the first instance B & F will seek to enter into an agreement with you by way of an acknowledgment of our claim in an effort to settle your outstanding debt before it becomes necessary to enforce our rights by way of a third party agency (debt collection).
B & F reserves the right to add its late payment fees to any overdue account.
All claims must be made in writing within 14 days of receipt of goods.
Beyond this no claim shall be recognised.
No claims can be entertained where the stock has been cut or printed.
Under no circumstances whatsoever will B & F be liable for consequential loss.
B & F give no warranty, express or implied, as to the quality description or fitness for any particular purpose of the goods supplied.
The goods supplied shall be ordinary trade or to the quality of sample supplied or the quality specified.
All other conditions and/or warranties implied by law or otherwise (excluding Manufacturers Warranties) only if the goods are returned within seven (7) days following delivery.
The risk of any loss or damage or deterioration of the goods due to any cause whatsoever shall pass to the customer when the goods are delivered. Except for damage or loss sustained in the transport claims on any ground must be made with even (7) days following delivery otherwise they will be deemed to be waived. No claim shall be a ground for the purchaser withholding payment of any sum due to B & F under this or any other agreements that B & F may have with the purchaser nor give any right to offset any payments due by the purchaser to B & F.
a) Notwithstanding any period of credit, legal and beneficial ownership of any or all goods supplied shall remain with B & F until payment in full is made for them and for all other goods supplied by B & F to the purchaser.
b) If the payment is overdue in whole or part in respect of any of the goods supplied B & F may (without prejudice to any. of the other right) recover or resell them or any of them (notwithstanding any reasonably incidental consequential loss or damage in respect of goods which have become constituents of other goods) any may enter upon the purchasers premises by its servants or agents for that purpose.
c) If the goods are sold (either before or after they have become constituents of other goods equipment or products) by the purchaser before full payment to B & F in respect of them, and then the proceeds of sale thereof shall be the property of B & F and the purchaser (or any Executor or assignee, Liquidator or Receiver of the buyer) will ensure that such proceeds are at all times identifiable and can at the request of B & F be paid to B & F or held in a separate fund, in trust, on account to B & F.
d) The buyer acknowledges that pending payment, the goods are held by the buyer as bailee on behalf of the seller.
This agreement shall be subject to and be governed by the laws of New Zealand.
The Purchaser consents to B & F collection any information as may be required evaluate my/our credit worthiness. l/We also consent to the passing of information to Credit Agencies or Debt Collection Agencies if I/we fail to meet my/our financial commitment.
All prices indicated are exclusive of G.S.T. unless otherwise state.