Terms & Conditions

2019/2020 TERMS & CONDITIONS

General:
Unless expressly modified in writing the following terms and conditions shall apply to all sales between Little Imports Ltd (the Company) and the Buyer by purchase and supply of goods and services. No company products are to be sold on-line e.g. Trade Me, E-Bay or any other Auction or Deal websites without prior agreement from Little Imports Ltd. Contact us for permission.

Website:

New customer registrations accepted after identification of being a legitime business. Access to the website is limited to 30 days. Placing an order within this 30 days period will exceed access to one year from the date of order.

Existing customers who do not place an order within a financial year will be removed from our database and have to re-register as a new client.

If a customer on Credit account do not place an order within a financial year, account will will be have to re-apply for credit account and re-register as a new customer.

www.smudgesticks.nz website operates on Business to Business basis, no third party payment option. After placing an order, customers get the invoice emailed from Little Imports Ltd. Payments can only made after receiving invoice.

Pricing:
(a)  Prices exclude Freight, G.S.T. and other taxes or levies all of which shall be charged on invoice at the current rate/s. 

(b) Prices are subject to change without notice and goods will be dispatched at the ruling price on the day of dispatch. Reference to recommended retail price is a guide and there is no obligation to comply with this recommendation. However, if the Company deem that the prices set by you is detrimental to the brand of the product, the Company reserve the right to stop terminate contract and stop supply.

Ordering on Pro-forma basis:

(a) Minimum order requirement on Pro-forma-based orders: firs order is to be at least  $120 excl. gst and is subject to current freight charges.  Thereafter minimum order requirement per order is $70 excl. gst and is subject to current freight charges

Orders under the minimum requrement are not deemed as a wholesale order, therefore they get invoiced on retail price.

(b*) Pro-forma orders should be paid within 10 working days. Unpaid orders get cancelled unless there is a prior agreement in place.

(c) All Orders will be Proforma and are to be paid before goods are released / delivered or at the discretion of the company prior to a Credit Application has been completed and cleared.

Ordering on Credit account: 

Download Credit Application form here

(a) Credit account applications processing time approx. 14 days from when the Company receives it. Orders prior to approval will be Pro-forma.

(b) The First Order will be always Proforma and is to be at least $120 excl. gst and is subject to current freight charges. After the credit application has been filled out and approved then the second order will be on credit up to a set limit.

(c) Orders on Credit account only accepted if over $100 excl. gst and freight. Orders less than that considered as Pro-forma order – refer to (b*)  

(d) Payment on Credit account is due on the 20th day of the month following the date of invoice.

(e) The Company reserves the right to charge $5 per month administration fees if an account is overdue by more than the 30th of the month following the invoice date. If after 60 days of supply no payment is received, then we will stop supply, and if after 90 days payment or contact has not been made to the Company then we will pass the debt to a collection agency. Any debt recovery costs incurred, including solicitors’ costs, Liquidation costs and stopping the supply of Goods and Services will be to the Buyers expense. 

Payment options:

(a)  Bank transfer - Once you submit your order, we will email you your invoice including our bank account details.  

(b)  Credit Card – Contact us for details.  All Credit Card payments are processed through Paymate or PayPal and will incur 4.0 % fee.

Delivery:

(a) The Company shall not be responsible for any failure to deliver, or delay in delivering caused by any Act of God, war, industrial stoppage, natural disaster or any other event beyond the Company’s control.
(b) Freight will be charged at Courier Posts cost with a minimum of $7.50 per order (plus $3.90 ex. Gst for Rural delivery if applicable).

All Freight and Handling charges are subject to GST.

Back Orders:
Unless advised otherwise, goods not available for shipment at the time of customer specified delivery, will be put on back order and supplied when the goods are available.

Claims & Returns:
(a) Claims for shortages must be made within 7 days of delivery quoting the invoice number, quantity and description of the short delivered goods, and delivery date.
(b)  Claims for breakage or loss in transit must be first made with the carrier, under the terms of the Carriage of Goods Act.
(c)   Returns due to Buyer error in ordering, will be accepted, providing the Company is advised within 14 days of receipt of the goods; and the goods arrive back in a saleable condition with associated costs for the return being the Buyers responsibility.

Trans-Shipping:
Invoiced goods are only intended for the invoiced party. Trans-shipping of goods to un-authorized store locations or third parties is strictly prohibited.
Warranty:
The Company warrants that the goods supplied by the Company are free from manufacturing defects and will repair, replace or refund an appropriate portion of the selling price at its option with liability being limited to this extent. The Buyer shall ensure that it’s own Terms of Trade it excludes liability both to itself and the Company under the Consumers Guarantees Act 1993. No warranty REPAIR OR REPLACEMENT will be carried out unless accompanied by the valid RECEIPT of purchase.
The Personal Properties Securities Act 1999, Title and Risk:
(a) Legal and equitable title to and ownership of any goods and services sold by the Company and/or delivered by the same shall not pass to the Buyer until payment is made in full in respect of those products It is expressly agreed that title to the products does not pass upon delivery or the giving and taking of possession and the Company reserves the right to recover possession of the products and to enter upon the Buyers premises without notice for such purpose in the event of any default in payment.
(b) The Buyer grants to the Company a security interest in all goods supplied under this contract, and their proceeds. At the request of the Company the Buyer will execute any documents and do anything else the Company requires to ensure that the security interest created under these terms and conditions constitute a first ranking perfected security over the goods and their proceeds of sale and the Buyer will supply all information the Company requires to complete the financing statement or a financing change statement. The Buyer waves any right to receive a verification statement under the Act. The Company and the buyer agree that sections 114(1)A, 116,117 (1)(C), 119, 120(2),, 121, 125, 126, 127, 129, 131,133, and 134 of  the Personal Properties Act 1999 do not apply to the security created by these Terms and Conditions.
Privacy Act 1993:
The Buyer authorizes the Company to obtain and supply details for statistical and credit reporting purposes.
Variation of Conditions:
These terms and conditions of sale can only be varied by agreement in writing between the two parties.
Choice of Law:
This contract is to be subject to and governed by the laws of New Zealand.   


 Effective as of 01/10/2019                                                www.smudgesticks.nz                                                                                    Little Imports Ltd ©