| 1. DEFINITIONS |
| “Plus Plastics” means Plus Plastics Limited. “The Buyer” means a person, firm or company who has agreed to buy the goods subject to the terms of sales set out herein. “The Goods” means the products which are the subject of this contract to be supplied by Plus Plastics to the Buyer. |
| 2. TERMS |
| This contract constitutes the entire agreement between Plus Plastics and the Buyer and shall supersede all oral or written, previous or contemporaneous, proposals, negotiations, representations, commitments, agreement and all other communications between Plus Plastics and the Buyer. All conditions and warranties whether express or implied are excluded and the only terms shall be those specified therein. No officer, servant employee or agent of Plus Plastics has or is deemed to have any authority to make any presentation, warranty or agreement contrary to these terms of sale. These terms of sale shall prevail notwithstanding any variance with the terms of any order or other document submitted of the Buyer. |
| 3. PAYMENT |
| Payment shall be made no later than the 20th of the month following the date of the invoice for the goods. If payments is not received within the time stated, the Buyer shall pay to Plus Plastics liquidated damages calculated upon the basis of interest at a rate of 25 per cent per annum from the date of the invoice for the goods until payment is received by Plus Plastics. The rate may be altered from time to time by Plus Plastics. The Buyer shall also be liable for all reasonable legal expenses incurred by Plus Plastics in any action to recover payment from the Buyer. |
| 4. TITLE |
| Title to and property in the Goods shall remain with Plus Plastics until payment in full, including any liquidated damages payable by the Buyer for late payment, has been made and received by Plus Plastics. Until such time as title and property passes, the Buyer shall hold the Goods as Ballee and shall, if so requested, forthwith return them to Plus Plastics and hereby authorise Plus Plastics to enter the premises to where the goods are stored and take possession of the goods. |
| 5. REMEDIES |
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To the extent that they may be applicable, Section 6-10 (inclusive) of the Contractual Remedies Act 1979 are expressly excluded and in the event of any liability of whatsoever nature being established against Plus Plastics in any way whatsoever, the Buyer’s remedies shall be limited to either:- (a)The replacement or repair of the Goods by Plus Plastics; or In the event that Plus Plastics shall be delayed or prevented from carrying out all or any of its obligations under this contract as a result of any cause beyond its control including, but in no way limited to strikes, storm, fire or accident, it shall be relieved of all obligations and liabilities incurred under this contract insofar and so long as the performance of such obligations is thereby prevented, frustrated or impeded. |
| 6. PROPER LAW |
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This contract and these terms shall be governed by New Zealand Law and the New Zealand Courts shall have exclusive jurisdiction in connection herewith. All contracts for the purchase of Goods shall be deemed to have been made at the premises of Plus Plastics, at its registered office in Auckland, New Zealand. |
| 7. THE PRIVACY ACT 1993 |
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The buyer acknowledges that: (a) Personal information collected or held by Plus Plastics may be used to enforce this contract or obtain at any time credit reports, character references or credit statements, or enable Plus Plastics to notify any credit agency of any application for credit or default in any obligation of the buyer to Plus Plastics |
| 8. THE CONSUMER GUARANTEES ACT 1993 |
| The buyer agrees and acknowledges that all supplies of goods and services from Plus Plastics will be acquired for the buyer's business purposes and accordingly the provisions of the Consumer Guarantees Act 1993 will not apply as between the Buyer and Plus Plastics. |