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Terms and Conditions of Trade  

​1. Interpretation
1.1 These terms of trade are entered into on behalf of and are intended to bind and be for the benefit of the Supplier and the Supplier’s successors and assigns.


1.2 In these terms of trade, unless the context otherwise requires:

  • "Buyer" means the person, firm, company, or other entity, buying the goods or services from the Supplier or the credit account applicant;

  • "Contract" means the contract between the Supplier and the Buyer for either or both purchase of the goods (including any orders made in accordance with clauses 2 or 14) and the provision of services;

  • "Contract Price" means the price of the goods and services as agreed between the Supplier and the Buyer;

  • "Delivery" means, in respect of services (where appropriate), performance of the services.

  • "Default Currency" means:

    • I. For New Zealand Buyers, New Zealand Dollars;

    • II. For Australian Buyers, Australian Dollars;

    • III. For all other jurisdictions, US Dollars.

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  • "Goods" means the goods being purchased by the Buyer from the Supplier which are the subject of the contract and “personal property” has the same meaning;

  • "Interest Rate" is 24% per annum;

  • "Orders" means, in respect of goods, an order for goods and, in respect of services, a request for services;

  • "Person" includes a corporation, association, society, firm, Supplier, partnership, or individual;

  • "Services" means the services to be performed by the Supplier for the Buyer under the contract;

  • "Supplier" means Sorted Packaging Ltd. (SPL)

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1.3 Headings are used as a matter of convenience only and shall not affect the interpretation of these terms of trade.

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2. Contract Price
2.1 The price is the price for the supply of goods/services by the Supplier as accepted by the Supplier according to 2.2 below. The price shall be denominated in the currency as agreed between the parties. Should the denomination of the currency not have been determined, or be in dispute, the default currency shall be applied to the Agreement.


2.2 At the Supplier’s discretion, it shall be entitled to accept or make offers to purchase goods and/or services by:

  • a) Written Contract Confirmation

  • b) Verbally

  • c) Performance pursuant to an offer to purchase.
    2.3 After acceptance by the Supplier, variation, waiver, or cancellation of the Buyer’s order has no effect unless agreed in writing by the Supplier.

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3. Taxes and Duties
3.1 Unless expressly included in any estimate, quotation, or contract given by the Supplier, sales tax, goods and services tax, and other taxes, and duties assessed or levied in connection with the supply of the goods to the Buyer are included in the price and are the responsibility of the Supplier.

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4. Payment
4.1 Subject to any provision to the contrary in the contract, all payments for goods and services are due on the earlier of:

  • a) The 20th of the month following the date of delivery of the goods and services

  • b) The date the Supplier invoices the Buyer for the goods or services.
    4.2 Additional payments due by the Buyer must be paid within 7 days of payment being demanded in writing by the Supplier.
    4.3 If the Supplier deems the credit of the Buyer unsatisfactory, it may require security for payment and suspend performance until security is provided. All costs and expenses incurred are payable by the Buyer upon demand.
    4.4 The Buyer is not entitled to withhold payment or make any deductions without the prior written consent of the Supplier.
    4.5 Receipt of a cheque or negotiable instrument does not constitute payment until it is irrevocably paid in full.

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5. Interest for Late Payment
5.1 Interest at 2% per month is payable on any monies outstanding from the date payment was due until received by the Supplier.

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6. Delivery
6.1 Delivery is to be made at the place indicated in the contract or, if no place is indicated, at the Buyer’s premises in New Zealand. If the Buyer fails or refuses delivery, the goods or services are deemed delivered when the Supplier was willing to deliver.
6.2 The Supplier reserves the right to deliver goods or services by installments, each deemed a separate contract.

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7. Inspection and Returns
7.1 The Buyer must inspect the goods or services within 21 days of delivery and inform the Supplier of any shortfall or damage.
7.2 Return of goods will not be accepted without prior approval.

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8. Risk
8.1 Risk of any loss, damage, or deterioration to the goods or services is borne by the Buyer from the time of delivery.

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9. Retention of Title
9.1 Ownership of the goods or services remains with the Supplier until payment is made in full.

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10. Disposal of Goods
10.1 The Supplier may dispose of goods that have not been delivered to the Buyer after three months of written notice.

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11. Delay
11.1 If the supply or delivery is delayed by any act or omission by the Buyer, the Supplier may require payment for the portion of the contract price performed up to that date.

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12. Exclusion of Warranty & Liability, Limitation of Liability
12.1 All warranties, except as expressly stated, are excluded to the maximum extent permitted by law.
12.2 The liability of the Supplier is limited to the cost of repair, replacement, or reimbursement of the goods or services.

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13. Default
13.1 If the Buyer defaults on payment or other obligations, the Supplier may repossess the goods and suspend or terminate the contract.

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14. Contract
14.1 The items contained in the Supplier's contract confirmation and these terms of trade are the terms and conditions of the contract.

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15. Waiver
15.1 The Supplier is not deemed to have waived any condition unless in writing.

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16. No Assignment
16.1 The Buyer may not assign their rights or obligations under the contract without prior written consent from the Supplier.

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17. Law and Jurisdiction
17.1 The contract is governed exclusively by New Zealand law, and the courts of New Zealand have exclusive jurisdiction.

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18. Consumer Guarantees Act 1993 & Credit (Repossession) Act 1997
18.1 The Buyer acknowledges that the provisions of these acts do not apply unless otherwise agreed.

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19. Privacy Act 1993
19.1 The Buyer and guarantor authorize the Supplier to obtain and provide credit information as required.

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20. Personal Property Securities Act 1999
20.1 These terms create a security interest in the goods or services under the PPSA.

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21. Application and Amendment of Terms
21.1 These terms apply to all contracts between the Supplier and the Buyer.

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22. Export
22.1 For exports, unless specified otherwise, goods are supplied on a DDP (Delivered Duty Paid) basis.

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23. General
23.1 The Supplier shall not be liable for any delay or failure due to anything beyond reasonable control.

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24. Ownership of Intellectual Property
24.1 All intellectual property created by the Supplier remains with the Supplier unless otherwise agreed in writing.

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25. Costs of Services
25.1 All costs and disbursements incurred in undertaking services are for the account of the Supplier.

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Acceptance
The buyer has read and accepts these terms and conditions in the supply of goods and services by Sorted Packaging Ltd.

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