Terms of Use
Welcome to AtSource
Please read these Terms and Conditions of Service carefully. You are required to read and understand them before proceeding further on this website. If you do not accept these terms please do not use this website or the services provided by us as described on this website.
No advice
This website contains general information about AtSource services. The information is not advice, and should not be treated as such. Limitation of warranties information on this website is provided “as is” without any representations or warranties, express or implied. AtSource makes no representations or warranties in relation to the information on this website. Without prejudice to the generality of the foregoing paragraph, AtSource does not warrant that: – the information on this website will be constantly available, or available at all; or – the information on this website is complete, true, accurate, up-to-date, or non-misleading.
Professional assistance
You must not rely on the information on this website as an alternative to direct advice from AtSource. If you have any specific questions about any AtSource related matter you should contact us directly. You should never delay seeking advice, disregard advice, or commence or discontinue any action because of information on this website.
Liability
Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.
Copyright
Information on this website and any subsidiary websites is owned or otherwise provided by AtSource. All material on this website and subsidiary websites, including, without limitation, text, images, graphics, layout, look-and-feel and any other information contained on or in this website and subsidiary websites (collectively, ‘content’), is subject to copyright and other proprietary rights, including but not limited to the Copyright Act 1994 (New Zealand) and international copyrights, trademarks or other intellectual property rights and laws.
Unless otherwise stated, copyright in the content and behaviours of this website and subsidiary websites is owned by or licensed to AtSource. AtSource authorises you to access and view content on this website and subsidiary websites, print individual pages and download a single copy of the material of this website and subsidiary websites for your personal, non-commercial use. You can reproduce this copyright material free of charge without further permission, as long as you
- reproduce the material accurately
•do not use the material in a derogatory manner or a misleading context, and
•acknowledge the source and copyright status of the material.
Trademarks, logos and service marks (collectively, ‘marks’) displayed on this website and subsidiary websites are registered or unregistered marks of AtSource or others, are the property of their respective owners, and may not be used without prior written permission of the owner of such marks.
Terms of Trade
This agreement applies to all Runciman Holdings Limited trading as AtSource Extraction Systems (“AtSource”) Sale of Goods Contracts. Any order placed with AtSource constitutes the Customer’s agreement to be bound by this agreement. Any additional or different terms stipulated by the Customer or stated in any communication with AtSource (including an order) are hereby objected to and will not bind AtSource unless agreed in writing.
No salesman, representative or agent is authorised by AtSource to give any guarantee, warranty or representation in addition to, or contrary to this agreement. In any event, receipt of Goods by the Customer (or another as directed by the Customer) upon delivery constitutes the Customer’s agreement to be bound by this agreement.
1 PRICE AND PRICE VARIATION
1.1 Prices prevailing at the time of delivery apply.
1.2 AtSource shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to AtSource of carrying out the whole or any part of the Contract arising from any of the following:
(a) delays in delivery or installation of the Goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer’s failure or inability to fulfill the obligations under the Contract or any action or inaction by the Customer or other circumstances beyond AtSource’s control;
(b) variation in the cost of AtSource’s acquiring the Goods, directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs, duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
2 ORDER NUMBER
2.1 AtSource will endeavour to include on invoices, all order numbers and names advised to AtSource at the time of the order by the Customer as proof of order. However, if false or incorrect order numbers are advised to AtSource by the Customer’s staff members, the Customer will remain responsible for the payment of those orders.
3 GST
3.1 All Goods sold, except for export outside New Zealand, are subject to Goods and Services Tax.
4 PAYMENT
4.1 The Purchase Price shall be paid to AtSource at its address and by the 20th of the month following the month in which invoice was issued.
4.2 AtSource reserves the right to suspend delivery of further Goods and installation if the terms of payment are not strictly adhered to by the Customer.
4.3 Any expenses, costs or disbursements incurred by AtSource in recovering any outstanding monies including debt collection agency fees or solicitor’s costs shall be paid by the Customer.
4.4 In the event that payment is not received by AtSource when due, in addition to being entitled to immediately suspend or withdraw any arrangements between AtSource and the Customer, AtSource shall be entitled to charge interest on the amount outstanding from the date due for payment until payment is made in full at a rate of 2% per month. Such interest to be payable upon demand by the Customer provided that AtSource and the Customer acknowledge and agree that the provisions of the sub clause are not intended to:
(a) give the Customer an option not to pay any amount payable by the Customer when due but rather to make genuine pre-estimate of damage resulting from default by the Customer; and
(b) create nor provide for the subsequent creation of a credit contract for the purposes of the Credit Contracts and Consumer Finance Act 2003.
5 NEW ACCOUNT
5.1 New Customers will be subject to our credit check or requested to make payment prior to dispatch of goods.
5.2 Use of this account shall constitute acceptance of this agreement.
5.3 The Customer shall endeavour to return all goods acquired by fraudulent use.
6 DELIVERY
6.1 AtSource shall deliver the Goods to the address stated on the Order or as agreed by AtSource in writing.
6.2 AtSource shall deliver the Goods by such carrier and such form of transport as AtSource consider to be appropriate.
6.3 Where the Customer specifies the carrier and the means of carriage, AtSource shall deliver the Goods in the way specified, the cost of such carriage being an additional charge to the invoiced price of the Goods.
6.4 AtSource will not be responsible for any part delivery or delay in delivery of the Goods as a result of events occurring beyond AtSource’s control. AtSource shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
6.5 The customer agrees to inform AtSource within 60 days of the date of invoice when proof of delivery is required. After this period, no liability will lie with AtSource for proof of delivery and any costs procuring the POD are payable by the Customer.
7 PRIVACY ACT 1993
7.1 The Customer authorises AtSource to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes:
(a) assessing the Customer’s creditworthiness;
(b) disclosing to a third party details of this application and any subsequent dealings it may have with AtSource for the purpose of recovering amounts payable by the Customer and providing credit references;
(c) marketing goods and services provided by AtSource.
7.2 The customer, if an individual, has a right of access to information about the Customer held by AtSource. The Customer may request correction of that information and may require that the request be stored with that information. AtSource may charge reasonable costs for providing access to that information.
8 INTELLECTUAL PROPERTY
8.1 Where AtSource has followed a design or instruction furnished by or given by the Customer, the Customer shall indemnify AtSource against all damages, penalties, costs and expenses of AtSource or in respect of which AtSource may become liable through any work required to be done in accordance with these instructions involving an infringement of a patent, trademark, registered design or common law right.
8.2 All equipment for specific use in the manufacture of the goods (other than those supplied by the Customer) remain the property of AtSource unless the cost thereof (including all development and costs relating thereto) shall have been fully recovered by AtSource from the Customer in the costing of the goods already paid for by the Customer.
8.3 All information prepared by AtSource including, without limitation, customised pricing, proposals, electronic catalogues, details of improvements and cost reductions, is the intellectual property of AtSource and cannot be copied, altered or distributed without AtSource’s prior written consent. AtSource will not be liable for any alterations made to the Goods by the Customer.
9 RETURN OF GOODS
9.1 Return of Goods will only be accepted for credit within 14 days of delivery.
9.2 No returned Goods shall be accepted by AtSource (even if AtSource agree to do so) if they have been tampered with by the Customer or any other person and are not as new.
9.3 Where goods are returned to AtSource as above, they shall be returned by the Customer at the Customer’s expense.
9.4 Receipt by AtSource or by any AtSource agents or representatives of any Goods returned other than in accordance with this clause shall not constitute nor be deemed to constitute our acceptance of the return of the Goods for credit or any other purpose.
9.5 In the event of any Goods being returned the Customer agrees to pay 20% of the Purchase Price of the goods returned as a restocking fee.
10 RISK
10.1 Risk in the Goods shall pass to the Customer at the time when AtSource has delivered the goods to the Customer.
10.2 No liability for consequential loss or damage which may arise from the use of the goods sold for any purpose whatsoever, will be accepted.
11 PPSA SECURITY INTEREST
11.1 The customer grants to AtSource a Security Interest in all the goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the goods and any other obligations of the Customer to AtSource under these conditions (together “the indebtedness”) and, where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after acquired stationery products of which the goods form part, to the extent required to secure the indebtedness.
11.2 As and when required by AtSource the Customer shall, at its own expense, provide all reasonable assistance and relevant information to enable AtSource to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce AtSource’s Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 (“PPSA”).
11.3 The Customer shall not change its name without first notifying AtSource of the new name not less than 7 days before the change takes effect.
11.4 The Customer warrants that the goods are not purchased for use primarily for personal, domestic or household purposes.
11.5 Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by AtSource in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where AtSource applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro rata.
11.6 Until the Customer has paid all money owing to AtSource the Customer shall at all times ensure that:
(a) the goods supplied by AtSource, while in the Customer’s possession, can be readily identified and distinguished; and/or
(b) all Proceeds (in whatever form) that the Customer receives from the side of any of the goods are readily Identifiable and Traceable.
11.7 Nothing in this clause shall prevent the Customer from selling and delivering Inventory, supplied by AtSource, in the ordinary course of the Customer’s business.
11.8 The Customer:
(a) agrees that nothing in Sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA will apply to this agreement; and
(b) waives the Customer’s rights under the PPSA to:
(i) receive a statement of account under section 116;
(ii) recover surplus under section 119;
(iii) receive notice of any proposal of AtSource to retain Collateral under section 120(2);
(iv) object to any proposal of AtSource to retain Collateral under section 121;
(v) not have goods damaged if AtSource removes an Accession under section 125;
(vi) refuse permission to remove an Accession under section 127;
(vii) receive notice of the removal of an Accession under section 129;
(viii) apply to the Court for an order concerning the removal of an Accession under section 131;
(ix) redeem Collateral under section 132;
(x) receive a Verification Statement in respect of any Financing Statement or Financing Change Statement registered by or on behalf of AtSource in respect of the Security Interest created by this agreement.
11.9 For the purposes of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of, the PPSA.
12 CUSTOMER’S LIABILITY & DEFAULT
If the Customer shall:
12.1 Fail to make any payment due under the contract or commit any other breach of any of the Customer’s obligations under the contract; or
12.2 Suffer execution under any judgement; or
12.3 Commit an act of bankruptcy; or
12.4 Make any composition or arrangement with any creditor; or
12.5 Being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it; AtSource (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the Purchase Price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable- Any such termination shall be without prejudice to any claim or right we may otherwise possess.
13 GOVERNING LAW
13.1 This agreement is governed by the laws of New Zealand.
13.2 AtSource and the Customer shall submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of this agreement.
14 MISCELLANEOUS
14.1 This agreement is acknowledged as a legal document.