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Terms of Trade
PRIVACY & LEGAL POLICIES
PostArt Ltd uses its best endeavours to safeguard the privacy of its website visitors. This policy explains the website data processing practices of PostArt Ltd in relation to our web sites.
WHAT INFORMATION DO WE COLLECT?
We collect personal details appropriate to the service you require. In some areas, this may simply mean registering your name, address and email details. In other on-line forms and applications will require more information so that all the appropriate elements of your service request can be dealt with in an appropriate manner.
WHAT DO WE USE PERSONAL INFORMATION FOR?
There are various reasons that we need to collect personal data. For example, we may need to ask you for your contact details for correspondence purposes. Subject to your agreement we may contact you to either provide information about new products and services that are coming on line, or get your feedback on our products and services. In any event we will only ever obtain information from you that is “fit for purpose” and does not constitute an invasion of your privacy.
We do not share any customer information collected via our web site with marketing or other 3rd party organisations.
We are keen to ensure that we are providing our clients with services that they need. Consequently, you may receive occasional e-mail messages from PostArt Ltd on matters that we consider may be of interest to you or in relation to supporting services you have purchased or otherwise subscribed to, if you have provided your email address to us for this purpose.
INFORMATION TO IMPROVE OUR SITE
We collect web statistics automatically about your visit to our site based on your IP address. This information is used to help us follow browsing preferences on our site so that we can regularly improve our web site. We do not use this information to identify you as an individual and you will remain anonymous, unless you are asked to identify yourself by completing a form or an online transaction. The information we gather will also enable us to better understand your needs and how you use our web site and services so that we can continue to improve our performance over time.
With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
ACCESS TO INFORMATION
Under the Data Protection Act 1998, you can make a formal request for the following information
clarification that your personal data is being processed by the PostArt Ltd
a description and copy of such personal data
the reasons why such data is being processed
details of to whom they are or may be disclosed
Consumers can access this information by e-mail us at the above address. Upon request we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by sending us e-mail at the above address.
If you have any comments or concerns regarding this policy please contact us in writing at the following address: -
P.O.Box 295,Motueka 7143, New Zealand.
TERMS OF TRADE
TERMS AND CONDITIONS OF TRADE
These conditions apply to all goods sold by PostArt Limited (“PostArt”) to the Purchaser of these goods (“Purchaser”).
1 DUE DATE FOR PAYMENTS
Payment is required by the 20th of the month following the date of invoice. In the event of the Purchaser committing any act of bankruptcy, compounding or arranging with all or any of its creditors, or being a company has a receiver appointed or goes into liquidation, payment for any goods shall immediately fall due.
PostArt reserves the right to charge interest at 5% per annum above the current base rate of PostArt’s trading bank (“the overdue rate”) on all accounts for any month or part thereof that the account remains overdue, including interest at the overdue rate from the date of judgment until the actual date of payment.
The Purchaser shall pay all costs, charges and expenses (including legal costs as between solicitor and client) incurred by PostArt in consequence of or in connection with any breach or default by the Purchaser in the performance or observance of any of the terms of trade or the enforcement of them.
Any dispute relating to the provision of goods or any monies due to PostArt must be notified in writing to PostArt within 14 days of the date of the relevant invoice. If not so notified, the Purchaser is deemed to have accepted the invoice as correct.
5 RESERVATION OF TITLE
5.1 Legal title and property in all goods sold by PostArt to the Purchaser (“the goods”) shall not pass on delivery, but shall remain with PostArt until PostArt has been paid in full for the goods. Until property and title in the goods passes, the Purchaser holds the same in trust for PostArt and may sell or deal with the goods in a fiduciary capacity only in the ordinary course of the Purchaser’s business, at full market value, for and on behalf of and in trust for PostArt.
5.2 In the event of the Purchaser failing to make payment by the due date for payment and upon payment demand being issued by PostArt the Purchaser grants to PostArt an irrevocable licence to enter, by its employees or agents (by force if necessary), the Purchaser’s premises at any time and remove the goods. This provision is without prejudice to any other rights or remedies of PostArt. PostArt shall not be liable for any damage caused by the entry and removal of the goods. The actual persons as individuals whose signatures are endorsed overleaf will indemnify PostArt if any claim is made against PostArt by reason of its actions.
6.1 The Purchaser acknowledges that all information produced by the Purchaser to PostArt and any other information subsequently obtained about the Purchaser may be used for the following purposes:
(a) To verify any information given by the Purchaser:
(b) To check the Purchaser’s financial position now or at any future time;
(c) To be used in any legal proceeding by PostArt for the recovery of any money or goods;
(d) To be disclosed to any other company or person associated with PostArt;
(e) To be disclosed to the solicitors for PostArt for the purposes of obtaining advice, commencing and conducting legal proceedings, or drafting of current documents of any kind;
(f) To be disclosed to any third party requesting information for the purposes of a credit inquiry or for the purposes of legal proceedings brought or contemplated by the third party;
(g) To be stored for as long as PostArt thinks fit.
6.2 The Purchaser irrevocably authorises PostArt to collect, use and disclose all information obtained and stored by PostArt for any of the purposes specified in Clause 6.1.
6.3 The Purchaser does not require compliance by PostArt of Principle 3 of the Privacy Act 1993.
7.1 Security: The Purchaser acknowledges and agrees that:
(a) By consenting to these terms and conditions the Purchaser grants a security interest (by virtue of the retention of title clause in clause 5 of these terms) to PostArt in all goods previously supplied by PostArt to the Purchaser (if any) and all after acquired goods supplied by PostArt to the Purchaser (or the Purchaser’s account) until payment in full has been made; and
(b) These terms shall apply notwithstanding anything, expressed or implied, to the contrary contained in the Purchaser’s purchase order.
7.2 Financing Statement: The Purchaser undertakes to:
(a) Sign any further documents and/or provide any further information the Purchaser warrants to be complete, accurate and up to date in all respects) which PostArt may reasonably require to enable registration of a financing statement or financing change statement on the Personal Properties Securities Register:
(b) Not register a financing change statement or a change demand in respect to the goods (as those terms are defined in the PPSA) without PostArt’s prior written consent; and
(c) Give to PostArt not less than 14 days prior written notice of any proposed change in the Purchaser’s name and/or any other changes in its details (including but not limited to changes in its address, facsimile number, trading name or business practice).
7.3 Waiver and Contracting Out:
(a) Unless otherwise agreed to in writing by PostArt, the Purchaser waives its right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest;
(b) To the maximum extent permitted by law, PostArt waives its rights and with the Purchaser’s agreement hereby contracts out of its right under the sections referred to in sections 107(2)(c) to (e) inclusive and (g) to (l) inclusive of the PPSA;
(c) The Purchaser agrees that nothing in section 114(a), 113 and 113(4) of the PPSA shall apply to these terms and with the agreement of PostArt, the Purchaser contracts out of such sections;
(d) The Purchaser and PostArt agree that section 109(1) of the PPSA is contracted out of in respect of particular goods, if any, only for as long as PostArt is not the secured party with priority over all other secured parties in respect of those goods.
7.4 Power of Attorney: The Purchaser irrevocably appoints PostArt to execute such further documents as the Purchaser’s attorney as are contemplated by clause 8.2(a) hereof.
PostArt reserves the right from time to time to amend these terms and conditions. Notice of any such amendments shall be given to the Purchaser in writing and the Purchaser shall be deemed to have accepted such amendments unless objecting in writing to the same within 14 days.
9 PROVISION OF SHOP STANDS
PostArt may, in its sole discretion, supply to the Purchaser a stand on which the goods are to be displayed. In the event that a stand is provided by PostArt, the Purchaser shall only display goods supplied by PostArt on the stand. The parties expressly acknowledge and agree that ownership of the stand shall at all times remain vested in PostArt and the Purchaser shall have no right or claim to the stand. Where PostArt has provided postcards in exchange for other suppliers postcards (buy out option) the purchaser agrees to keep the stand fully stocked with PostArt products for a minimum of three (3) years PostArt may, on giving five (5) days notice in writing to the Purchaser, request the return of the stand. The Purchaser grants to PostArt and irrevocable licence to enter, by its employees or agents (by force if necessary) the Purchaser’s premises at any time and remove the stand. This provision is without prejudice to any other rights or remedies of PostArt. PostArt shall not be liable for any damage caused by the entry and removal of the stand. The actual persons as individuals whose signatures are endorsed on these terms of trade will indemnify PostArt if any claim is made against PostArt by reason of its actions.
10 INTELLECTUAL PROPERTY
Where PostArt has proprietary rights in patent, copyright, designs, brand name, design mark, service mark, trademark and other data pertaining to the goods provided to the purchaser, PostArt will retain all such rights. The purchaser will be responsible for all costs, damages and expenses incurred by PostArt in respect of any claim for infringement of any intellectual property where the purchaser has used such intellectual property.