Terms and Conditions

  1. Acceptance of Orders
    1. We, Cambrain Plastics Ltd will only supply you, the customer, with Goods on these terms and conditions of sale (Terms) unless we have
      agreed in writing to different terms.
    2. We will not be bound by any responsibility that we may make unless they are in writing.
  2. Price
    1. The price of the Goods:
      1. Will be our current prices at the date of completion unless we have quoted a firm price;
      2. Always exclude G.S.T and;
      3. May be increased if we incur higher freight, insurance or import charges or higher foreign exchange costs after the order is placed of we incur extra costs because you did not provide us with information or licences by the time we required. Forward Exchange Cover, we obtainable, may be purchased at your specific request, at your cost, if necessary to negate any exchange risk.
    2. When we have quoted a firm price and no period of effectiveness is given, then the price will only apply for 30 days from the date of the quote and at all times is subject to increase in accordance with clause 2.1.3.
  3. Payment
    1. You must pay us by the 20th of the month following the date of our invoice. If you do not we will be entitled to:
      1. Defer supplying you with anymore Goods;
      2. Charge you interest on the amount owing to us at the rate of 5% above ASB Banking Corporation’s indicator lending rate applying at the time payment was due;
      3. Treat the contract as having been cancelled by you.
    2. If you commit an act of bankruptcy, go into receivership or liquidation or we treat the contract as cancelled under clause 3.1.3, we may exercise our rights as the holder of a security interest in the Goods.
    3. You must not withhold payment or make any deductions from the price of the Goods without our prior written consent.
    4. You will, upon demand, pay to us all monies (including, but not limited to, solicitors costs, Court costs and disbursements) incurred or expended by us in recovering payment of any amount due by you to us.
  4. Title and Risk
    1. Risk in the Goods shall pass from us to you when the Goods are delivered in accordance with these Terms.
    2. We remain the owners of the Goods we supply you until you have paid in full all the amount’s that you owe to us for all the Goods we have supplied to your. Our interest in the Goods will be security interest for the purposes of the Personal Property Securities Act 1999 (PPSA);
    3. While we are the owners of the Goods,
      1. You will always keep the Goods clearly identified as our property;
      2. We will still own the Goods even if you repackage them;
      3. You license us to enter any of your premises during normal business hours to repossess the Goods while you owe us money. You can not revoke this license.
      4. The fact that we own the Goods will not affect our right to sue you for the price if you do not pay us on time. We have no obligation to accept returned Goods instead of being paid for them. We have no obligation to do anything to limit any loss we might suffer if you do not pay us on time.
    4. You agree to do anything that we require at your expense to ensure that we have a perfected security interest in the Goods. We may allocate all amounts received from you in any manner we determine including any manner required to preserve any purchase money security interest in the Goods.
    5. You waive your rights listed in s.107(2) of the PPSA and your right to receive verification statements under the PPSA. You agree that sections 114(1)(a), 117(1)(c), 122, 133 and 134 of the PPSA will not apply. You agree that we may exercise the rights in sections 108, 109, 111(1) and 120(1) of the PPSA whether or not we have priority over all other secured parties and that we may charge for complying with a demand under s.162 of the PPSA.
    6. You will give us not less than 14 days’ prior notice of any proposed change in your name.
    7. You will keep the Goods insured against fire, accident, theft and other risks as we may require in the names of us and you for our respective rights and interests providing for payment of policy proceeds to us as unpaid or partly paid vendor until such time as payment is made in full for the Goods and title has passed to you, this insurance provision shall apply (without limitation) to all Goods held on consignment by you on your premises.
    8. Prior to ownership of the Goods passing to you, you will be entitled as our agent, to sell the Goods to a third person, provided that you:
      1. Fully account to us for the price of the Goods from the proceeds.
      2. Hold all rights against the purchaser for any such Goods in trust for us. You will assign to us any such rights if required by us. For the purpose of this clause, you irrevocably authorise us to give notice of any such purchaser notice of this assignment.
  5. Delivery
    1. If you have specified a delivery date, we will try and deliver the Goods to you by that date. However:
      1. We will be entitled to deliver the Goods to you after the agreed delivery date or cancel the contract without being liable to you in any way if the delay in delivery or circumstances preventing us from making the delivery, is in respect of causes outside our control;
      2. We may deliver the Goods to you by instalments in any quantities and each delivery will be a separate contract independent from the other deliveries.
    2. You may not refuse to accept delivery of Goods except where we have agreed in writing.
    3. We will only be liable to you for shortfalls, losses or damage in delivery which is due to our gross negligence or wilful default and in those matters within 7 days of scheduled delivery.
    4. You will stop using the Goods and notify us immediately you become aware that the Goods do not meet our specifications.
    5. Goods which do not meet your order may not be returned to us unless:
      1. We have agreed in writing that they may be returned; and
      2. You have not had the Goods for more than 14 days; and
      3. The Goods’ containers have not been opened nor have their packaging been damaged in any way;
      4. You will pay for the cost of returning the Goods; and
      5. You will pay our handling fee.
    6. You may with our prior written consent, test the Goods prior to delivery. Testing will be at your cost
    7. You will, in respect of each contract or order, accept delivery of, and pay for, 10% above or below the quantity of the Goods ordered and delivered of such lesser or greater amount to you will be in full satisfaction of our obligations to you in respect of that contract or order.