Terms of Trade for Retailers
In these conditions unless the context otherwise requires:
Company means Cheeky Parrot Games, Ltd.
Buyer means the person or company purchasing goods from the Company.
Products mean the products being purchased from the Company by the Buyer.
Contract means the contract between the Company and the Buyer for the purchase of the goods.
Date of the contract means the date that products are delivered to the Buyer.
Contract price means the price of goods as agreed between the Buyer and the Company.
Person includes a corporation, association, firm, company, partnership or individual. Manager is the company’s appointed decision maker.
If any instruction is received by the Company from the Buyer for the supply of products henceforth, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.
3. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
4.1 The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or
4.2 Time for payment for the products and/or services shall be of the essence and will be stated on the invoice and/or statements. If no time is stated then payment shall be due on delivery of any goods.
5. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
5.1 The method of payment will be made by cash, cheque, bank cheque, direct credit, or any other method as agreed to by the Buyer and the Company.
5.2 Subject to any provision to the contrary in the Contract, payment by the Buyer shall be received on or before the 20th day of the month following the date of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the goods.
5.3 Payments over 60 days in arrears shall incur interest at the rate of 10% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
5.4 Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
5.5 In the event that:
a. any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
b. the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
d. then the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
6. Governing Laws
These Terms of Trade will be interpreted in accordance with applicable government legislation of New Zealand, which will have exclusive legal jurisdiction over any dispute in relation to the products or these Terms of Trade.
7. Dispute Resolution
The Company will endeavor to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
8. Reservation of Title
Ownership and title of the goods remains with the Company until the purchased price and all other monies owing by the Buyer have been paid in full.
In the event that goods supplied prove to have incomplete parts, the Company warrants that it will supply the parts and take responsibility for the cost of doing so. The Buyer should direct their customer to contact the Company directly
via one of the following methods:
Email to firstname.lastname@example.org
Telephone call to 021 905 110 or
In writing to Cheeky Parrot Games, Ltd., 7/3 Woolfield Road, Papatoetoe, Auckland 2025, New Zealand
The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons.
The Buyer shall indemnify the Company against any claim by any such person.