Download CREDIT APPLICATION form HERE or Email or phone us to arrange your credit account.
- Quotations. All quotations are based on printed, typewritten, electronic or other good copy acceptable to the supplier. Where the customer supplies its own printing plates or any other item, they must be of an acceptable quality and quantity as determined by the supplier. If the supplier finds it necessary to carry out additional work or to supply materials in order to obtain good copy upon which to base a quotation, the customer will pay for that work and materials. For the purpose of these terms of trade “quotation” includes “estimate”.
- Acceptance. Quotations will lapse if not accepted within 30 days.
- Freight & GST. Quotations do not include GST or freight unless shown as doing so.
Peacocks Bros. NZ Ltd take no responsibility for either,
- packages lost or stolen if you have an ATL (authority to leave) on file with our courier company. If you're unsure please check with CourierPost before placing an order.
- packages delivered and signed OR name registered (with a POD) then misplaced, lost or stolen.
- Variations/Alterations. All quotations are based on the conditions and specifications in the quotation, (ink, paper or other medium, layout, quantity, delivery etc.) and provide for all work and materials required to complete the job. Any (a) variation or alteration to the conditions and specifications or (b) increase in material and or labour costs may increase the quoted price.
- Experimental and/or Creative work. Experimental work, preliminary sketches, dummies and other creative work, intermediate materials and any resultant goods must be paid for by the customer unless the cost is separately identified and provided for as part of the quoted price and the customer shall not use any proposal or idea from the supplier for content, medium, layout or presentation until such work has been paid for.
- Colour Proofs. The supplier provides no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and The supplier will however use its best endeavours to provide a commercially acceptable finished product.
- Proof Approval. The supplier is not liable for errors or variations in the finished work where such errors or variations were contained in the proof approved by the customer.
- Holding of Plant to Customer’s Instructions. If any plant is set up to print or otherwise work on the customer’s job or on goods being prepared for the customer and the progress or completion of the work is delayed by or on behalf of the customer the customer will pay the supplier’s waiting charges for such plant.
- Customer’s Property. The supplier will take reasonable care of the customer’s property but the risk shall be on the customer and the supplier shall not be responsible for any damage. Unless it is otherwise agreed in writing the supplier will not be responsible for insurance cover. Unless otherwise agreed in writing, the supplier may dispose of any materials held twelve months following the date of the invoice.
- Intermediate Materials. (that product which comes into existence during the preparation or processing of the customer’s order but which is not the final product):
- Ownership and possession of intermediate materials will pass to the customer when they have been paid for. Or
- Ownership of intermediate materials except those supplied by the customer, will remain the supplier’s
- Electronic Images and/or Files. It is the customer’s responsibility to retain a copy of any electronic image or file supplied by the customer to the The supplier is not responsible for accidental damage to any electronic material supplied and such material is held at the customer’s risk. The supplier may charge for any additional translating, editing or programming needed to utilise customer-supplied files or images and such charges shall be in addition to the quoted price. Subject to clause 10 the supplier’s own electronic records shall remain the property of the supplier.
- Quantity. Unless otherwise agreed the supplier will deliver the quantity specified. Or Over runs and under runs will not exceed 10 percent of the quantity ordered. The customer will pay for the actual quantity delivered within this tolerance.
- Delivery. Unless otherwise agreed delivery of the goods is at the supplier’s factory door in a continuous uninterrupted delivery of the complete order.
- Termination or Suspension of Contract. Notwithstanding any other clause in this agreement, where a contract is suspended or cancelled by the customer, all work carried out and goods supplied by the supplier will be paid for by the customer forthwith on presentation of the invoice. Contracts for the printing of periodicals may only be cancelled on the supplier receiving the agreed amount of notice in If there is no such agreement, the notice period shall be two months. If work is suspended the customer will pay any additional costs or for any loss caused to the supplier by the suspension.
- Claims. Complaints regarding finished goods must be received by the supplier within a reasonable time. What is a “reasonable time” will depend on the circumstances of each case.
- Illegal or Libellous Material. The supplier is not required to reproduce any material or produce any goods that are, in the suppliers opinion, illegal, objectionable, or libellous in nature or that is in breach of any copyright, patent, design or statute. The supplier will be indemnified by the customer in respect of any and all damages claims, costs, and expenses (including actual legal costs and disbursements on a solicitor and own client basis) for which the supplier may be liable or which it may suffer arising out of any libel or breach of statute or infringement of copyright, patent or design which may arise out of or be associated with the goods provided by the supplier to the customer.
- Supplier’s Liability. Where the customer is a company or a person acquiring or holding him or herself out as acquiring goods or services or both for the purposes of a business the Consumer Guarantees Act 1993 will not apply to the supply of goods under this agreement. The supplier will not be liable for any indirect or consequential loss to the customer or to any third party arising from errors in the work or from delay in delivery. No warranty is given or responsibility accepted by the supplier to ensure that finished or any goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods. Compliance with any such legislation shall be the customer’s responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to the supplier or suitable for any market requirement. The supplier shall not be responsible for any delay, default, or consequential loss or damage due to any industrial disputes, accidents, natural disasters, acts of terrorism, equipment failure, mischievous damage or other cause beyond the supplier’s control. The supplier cannot guarantee or be held responsible for any hardware or consumables not being compatible with a third party piece of software, it is the customers responsibility to check directly with their software provider on compatibility.
- Payment. Payment is due in full on or before the 20th of the month following delivery unless otherwise agreed.
- Overdue Accounts. If payment is not made by the due date Peacock Bros NZ Ltd is entitled to charge interest of 2% per month or part thereof calculated on a daily basis from the due date for payment until payment of the account in full. The customer shall pay all costs, charges and expenses (including legal costs as between solicitor and client) incurred by Peacock Bros NZ Ltd in consequence of or in connection with any breach or default by the customer in the performance or observance of any of these conditions or their enforcement.
- Security interest. The supplier retains a security interest in all goods supplied to the customer until the supplier receives payment in full of all sums owing by the customer under any contract for the supply of the The nature of the security interest is that the supplier retains title to the goods. The security interest shall apply to goods supplied to the customer in the future. The customer shall not allow any goods subject to the security interest to become an accession to other goods.
- The customer hereby waives the customer’s right to receive a copy of the verification statement following registration of the supplier’s security
- The supplier may allocate any payment received from the customer against any debt owed by the customer in any manner that the supplier may decide, notwithstanding any purported allocation by the
- If after due date the debt remains unpaid the supplier is entitled to enter the customer's premises and seize the goods unpaid for and to dispose of them as the supplier sees fit and to apply such proceeds towards the The customer hereby irrevocably authorises the supplier or the supplier’s agents to enter the premises of the customer to locate and seize the goods.
- If the supplier does not at any time have priority over all other secured
- parties in relation to any goods then pursuant to section 107(1) of the PPSA, for the purposes of dealing with those goods the parties contract out of sections 108 and 109 to the extent of deleting the words "with priority over all other secured parties" in sections 108 and 109(1) of the PPSA and the PPSA shall be read as if sections 108 and 109(1) did not have the words "with priority over all other secured parties".
- The customer agrees that none of sections 114(1)(a), 133 or 134 of the PPSA will apply to any dealings with the goods under this agreement. The customer further waive their rights:
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- To receive a statement of account under section 116;
- To receive any part of the surplus under section 117(1)(c) or recover it under section 119 if the supplier has in good faith made any payment to any person under sections 117(1)(a) or 117(1)(b) to which it subsequently transpires that person was not entitled;
- To receive notice of any proposal of the supplier to retain goods under section 120(2);
- To object to the supplier's proposal to retain goods under section 121;
- To make any claim for damages to any other goods if the supplier removes an accession under section 125;
- To be given notice of the removal of any accession under section 129;
- To apply to the Court for any order with respect to removal of an accession under section 131;
- To redeem any goods under section 132;
- Dispute Resolution. The attention of the customer is drawn to the mediation facility offered by Printing Industries New Zealand. The law applicable to the supply of the goods shall be the law of New Zealand and any disputes shall be adjudicated in the New Zealand courts.
- Cancellation and Return Policy.
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Once an order has been accepted and invoiced by the Company it may not be cancelled for any cause whatsoever without the Company’s consent in writing. Where such cancellation is agreed, the Customer will cover all costs in returning the Goods to the Company and ensure that the Goods are insured in transit and returned to the companies premises in original unmarked packaging including all original documentation and accessories. Such an order cancelled by the Customer will incur a re-stocking fee of $35 or fifteen percent (15%) of the total invoiced value of the Goods, whichever is higher. Credit card surcharge fees are not eligible for a credit.
Consumable items are not eligible for credit or return unless otherwise agreed by the Company in writing. Unauthorised returns will not be shipped back to sender except at their expense (a handling fee may also apply).
The Customer may return authorised items using the shipping method of its choice and are responsible for the return shipping charges. The Company recommends that the Customer insures the return shipment as the Company cannot be responsible for damaged or lost shipments. Used or otherwise altered items not in new condition are not eligible for credit. All returns must be received within 45 days of the original order or a credit cannot be issued. Upon receipt of your returned items the Company will inspect them return them to inventory if in new unused condition and issue the Customer with the credit according to the conditions of the Cancellation and Return Policy.
The customer understands that should the goods being returned not be in an as new condition or are missing any items such as, but not limited to, manuals, cables and packaging, the customer will be invoiced for the cost to bring the goods to an as new condition.