These terms and conditions of trade apply to all our Sale of Goods Contracts.
Any order placed with Studio-lights.com New Zealand (www.Studio-lights.com)
constitutes your agreement to be bound by these terms. Any additional or
different terms you stipulate or state in any communication with Studio-lights.com
(including an order) are hereby objected to and will not bind Studio-lights.com
unless Studio-lights.com agree in writing. No sales person, representative or
agent is authorised by Studio-lights.com to give any guarantee, warranty or
representation in addition to, or contrary to these terms. In any event, receipt
of goods by you (or another as you direct) upon delivery constitutes your
agreement to be bound by these terms.
1 PRICE AND PRICE VARIATION
1.1 Prices quoted are including GST unless otherwise stated. Unless otherwise
agreed in writing, the price of the goods will be the current price on the day
of delivery of the goods. Unless Stated Prices do not include any delivery
surcharges or additional tax or GST payable in the country of delivery.
1.2 Studio-lights.com 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 Studio-lights.com 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 Customers failure
or inability to fulfil the obligations under the contract or any action or
inaction by the Customer or other circumstances beyond Studio-lights.coms
control;
(b) Variation in the cost of Studio-lights.com 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
(d) Any correction of errors or omissions on the part of Studio-lights.com or
any of its representatives.
(e) Our prices do not include any local charges including delivery, customs,
shipping TAX or GST that may be incurred by the buyer. These costs are
additional and the buyers responsibility to enquire about before purchasing
items from our website.
3 PAYMENT
3.1 Unless otherwise agreed, the purchase price shall be paid to
Studio-lights.com at its address by the 20th of the month following the month in
which the invoice was dated. Payment will not be accepted by any means other
than cash, cheque or direct credit.
3.2 If any account is in dispute, the undisputed portion of the account shall be
payable in accordance with the normal terms of payment as provided in 3.1.
Payment of the disputed portion may be withheld provided the matter is brought
to Studio-lights.coms attention immediately it is discovered and a letter of
explanation setting out the particulars of the dispute is sent to
Studio-lights.com within seven days of the dispute arising.
3.3 Studio-lights.com reserves the right to suspend delivery of further goods if
the terms of payment are not strictly adhered to by the Customer.
3.4 Interest may be charged on overdue accounts at such rate as may be charged
by Studio-lights.com from time to time.
3.5 Any expenses, costs or disbursements incurred by Studio-lights.com in
recovering any outstanding monies including debt collection agency fees or
solicitors costs shall be paid by the Customer.
4 NEW ACCOUNT
4.1 Use of this account shall constitute acceptance of these terms and
conditions.
4.2 The Customer shall not be liable for any indebtedness arising from the
fraudulent use of the account provided that the Customer must on discovering the
fraudulent use of the account immediately notify Studio-lights.com of such
fraudulent use. The burden of proving such use was fraudulent shall lie with the
Customer.
4.3 The Customer shall endeavour to return all goods acquired by fraudulent use.
5 DELIVERY
5.1 Studio-lights.com shall deliver the goods to the address stated on the order
or as agreed by Studio-lights.com in writing.
5.2 Studio-lights.com shall deliver the goods by such carrier and such form of
transport Studio-lights.com consider to be appropriate.
5.3 Where you specify the carrier and the means of carriage, Studio-lights.com
shall deliver the goods in the way specified, the cost of such carriage being an
additional charge to the invoiced price of the goods.
5.4 Studio-lights.com will not be responsible for any part delivery or delay in
delivery of the goods as a result of events occurring beyond Studio-lights.coms
control. Studio-lights.com shall not be in any way responsible for any
consequences (direct or indirect) arising from such delay or non-delivery.
5.5 The Customer agrees to inform Studio-lights.com within 30 days of the date
of invoice if proof of delivery is required. After this period, no liability
will lie with Studio-lights.com for proof of delivery.
5.6 Pricing does not include any local charges including delivery, customs or
shipping TAX or GST that may be incurred by the buyer.
5.7 Use of the free international delivery option is 100% at our discretion.
Free delivery will use a service that has an estimated delivery time of 3-20
working days, during peak seasons and to some countries this timeframe may vary
considerably. We are not responsible for slow or delayed manufacture or
delivery and will make no compensation for delayed orders. Some remote
countries are not eligible for free delivery, please contact us if you wish to
check if your country is covered.
6 PRIVACY ACT 1993
6.1 The Customer authorises Studio-lights.com to collect, retain, and use
personal information about the Customer (including the information collected
in this document) for the following purposes only:
(a) assessing the Customers creditworthiness.
(b) disclosing to a third party details of this application and any
subsequent dealings it may have with Studio-lights.com for the purpose of
recovering amounts payable by the Customer and providing credit references.
(c) marketing goods and services provided by Studio-lights.com to the
Customer.
6.2 The Customer, if an individual, has a right of access to information
about the Customer held by Studio-lights.com. The Customer may request
correction of that information and may require that the request be stored
with that information. Studio-lights.com may charge reasonable costs for
providing access to that information.
7 INTELLECTUAL PROPERTY
7.1 Where Studio-lights.com has followed a design or instruction furnished
by or given by the Customer, the Customer shall indemnify Studio-lights.com
against all damages, penalties, costs and expenses of Studio-lights.com or
in respect of which Studio-lights.com 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.
7.2 Should Studio-lights.com be required to match any shade or colour, a
light and dark tolerance shall be allowed to such an extent as shall be
agreed by Studio-lights.com and the Customer at the time the standard colour
is specified and in the absence of any agreement a reasonable tolerance
shall be allowed.
7.3 Where the Customer supplies a mould, die, tool, printing plate or any
other item used in the manufacturing process the Customer shall reimburse
Studio-lights.com for all maintenance expenses. Studio-lights.com shall not
be liable for any loss or damage to moulds, dies, tools or materials
supplied by the Customer to Studio-lights.com for the purposes of fulfilling
any contract.
7.4 Printing plates, stereos, film, artwork and all other equipment for
specific use in the manufacture of the goods (other than those supplied by
the Customer) remain the property of Studio-lights.com unless the cost
thereof (including all development and costs relating thereto) shall have
been fully recovered by Studio-lights.com from the Customer in the costing
of the goods already paid for by the Customer.
7.5 All information prepared by Studio-lights.com including, without
limitation, customised pricing, proposals, electronic catalogues, details of
improvements and cost reductions, is the intellectual property of Studio-lights.com
and cannot be copied, altered or distributed without Studio-lights.coms
prior written consent. Studio-lights.com will not be liable for any
alterations made by you.
8 RETURN OF GOODS
8.1 Studio-lights.com will not accept the return of goods for credit or any
other purpose unless Studio-lights.com agrees to accept the return of the
goods and advise the Customer a return advice number prior to the return of
goods. Return of goods will only be accepted for credit within 14 days of
delivery, unless due to Studio-lights.coms error. Return freight will be at
Studio-lights.coms cost only when there has been an error on Studio-lights.coms
part.
8.2 No returned goods shall be accepted by Studio-lights.com (even if
Studio-lights.com agree to do so) if they have been tampered with by you or
any other person, if they are goods expressly sold on a non-return basis, or
if they are not accompanied by the return advice number referred to in
clause 8.1. Where goods are returned to Studio-lights.com but not accepted
as above, they shall be returned to you at your expense.
8.3 Receipt by Studio-lights.com or by any of our agents or representatives
of any goods returned other than in accordance with clauses 8.1 and 8.2
shall not constitute nor be deemed to constitute Studio-lights.coms
acceptance of the return of the goods for credit or any other purpose.
8.4 Touch Screen Monitors have a 30
day warranty only, there are no returns or exchanges of this product unles
there is a fault from the manufacturer and the manufacturer accepts the
return of the product. These are onsold so we offer no warranty,
servicing, or after sale support what so ever.
9 RISK
9.1 Risk in the goods shall pass to you at the time when our obligations
under the contract are deemed under clause 5 to be completed.
10 PPSA SECURITY INTEREST
10.1 The Customer grants to Studio-lights.com a Security Interest in 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
Studio-lights.com under this contract (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 office equipment, supplies and stationery, of which the goods form
part, to the extent required to secure the Indebtedness.
10.2 As and when required by Studio-lights.com the Customer shall, at its
own expense, provide all reasonable assistance and relevant information to
enable Studio-lights.com to register a Financing Statement or Financing
Change Statement and generally to obtain, maintain, register and enforce
Studio-lights.coms Security Interest in respect of the goods supplied, in
accordance with the Personal Property Securities Act 1999 (PPSA).
10.3 The Customer shall not change its name without first notifying Studio-lights.com
of the new name not less than 7 days before the change takes effect.
10.4 The Customer warrants that the goods are not purchased for use
primarily for personal, domestic or household purposes.
10.5 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 Studio-lights.com in respect of each unpaid
invoice/order on a pro rata basis PROVIDED THAT where Studio-lights.com
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.
10.6 Until the Customer has paid all money owing to Studio-lights.com the
Customer shall at all times ensure that:
(a) the goods supplied by Studio-lights.com, while in the Customers
possession, can be readily identified and distinguished; and/or
(b) all Proceeds (in whatever form) that the Customer receives from the sale
of any of the goods are readily Identifiable and Traceable.
10.7 Where the goods are purchased by the Customer as stock in trade for
sale or lease in the ordinary course of the Customers business, nothing in
this clause shall prevent the Customer from selling or leasing and
delivering the goods in the ordinary course of the Customers business.
Otherwise, until the Customer has paid all money owing to Studio-lights.com,
the Customer shall not sell or grant a Security Interest in the goods
without Studio-lights.coms written consent.
10.8 The parties agree to contract-out of the PPSA in accordance with
Section 107 of the PPSA to the extent that Section 107 applies for the
benefit of, and does not impose a burden on, Studio-lights.com. The Customer
waives its right to receive a Verification Statement in respect of any
Financing Statement or Financing Change Statement registered by or on behalf
of Studio-lights.com in respect of the Security Interest created by these
terms and conditions of trade.
10.9 For the purpose 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.
11 GUARANTEES
11.1 Where the goods are of a kind ordinarily acquired for personal,
domestic or household use or consumption in accordance with the Consumer
Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this
contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer
Guarantees Act, Studio-lights.com will repair or replace those goods;
(b) without excluding Studio-lights.coms obligations under the Consumer
Guarantees Act 1993, the Customer acknowledges that Studio-lights.com does
not provide any Express Guarantees (as defined in that Act) other than those
expressly confirmed by Studio-lights.com in writing;
(c) if the goods are acquired by the Customer for business purposes, the
Customer agrees that the Consumer Guarantees Act 1993 does not apply;
(d) if the Customer supplies the goods in trade to a person acquiring them
for business purposes, it must be a term of the Customers contract that the
Consumer Guarantees Act 1993 does not apply in respect of the goods; and
(e) if the Customer supplies the goods to any person, the Customer must not
give or make any undertaking assertion or representation in relation to the
goods without Studio-lights.coms prior approval in writing, and the Customer
must give the person buying the goods such product information relating to
the goods as Studio-lights.com requires, and the Customer agrees to
indemnify Studio-lights.com against any liability or cost incurred by
Studio-lights.com under the Consumer Guarantees Act 1993 as a result of any
breach by the Customer of these obligations.
11.2 The following terms apply wherever the Consumer Guarantees Act 1993
does not apply to this contract, or where the following terms are not
inconsistent with the Consumer Guarantees Act 1993:
(a) Defective goods or goods which do not comply with the contract may at
Studio-lights.coms discretion be repaired or replaced, or the price
refunded.
(b) Any right which the Customer may have to reject non-conforming or
defective goods will only be effective if:
(i) the Customer notifies Studio-lights.com in writing within fourteen days
following delivery and Studio-lights.com is given the opportunity to inspect
the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the
Customer received them.
(c) Studio-lights.com will not repair or replace, or refund the price of any
goods for so long as the Customer is in default in relation to any amount
owing.
(d) Studio-lights.com accepts no liability for any claim by the Customer or
any other person, including without limitation any claim relating to or
arising from:
(i) Any conditions, warranties, descriptions, representations, conditions as
to fitness or suitability for any purpose, tolerance to any conditions,
merchantability or otherwise, whether express or implied by law, trade
custom or otherwise; or
(ii) Any representations, warranties, conditions or agreement made by any
agent or representative which are not expressly confirmed by Studio-lights.com
in writing; or
(iii) Any services forming part of the supply of the goods which have been
performed by any third party;
and the Customer agrees to indemnify Studio-lights.com against any such
claim.
(e) In any event, Studio-lights.coms liability under any claim shall not
exceed the price of the goods.
11.3 Nothing in these terms is intended to have the effect of contracting
out of the provisions of the Consumer Guarantees Act 1993 except to the
extent permitted by that Act, and these terms are to be modified to the
extent necessary to give effect to that intention.
12 CUSTOMERS LIABILITY & DEFAULT
12.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other
breach of any of the Customers obligations under the contract; or
(b) suffer execution under any judgment; or
(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) 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,
Studio-lights.com (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 Studio-lights.com may otherwise possess.
13 VARIATIONS TO TERMS AND CONDITIONS OF TRADE AND
PRODUCTS
13.1 Studio-lights.com may from time to time and in its sole discretion
amend, add to or delete any of the terms of these terms and conditions of
trade with immediate effect by giving notice to the Customer PROVIDED THAT
Studio-lights.com shall not make any variation to the nature or extent of
the Security Interest granted by the Customer in clause 10.1 without the
written agreement of the Customer. Studio-lights.com may notify the Customer
by delivering to the Customer an invoice with a notice of amendment and
receipt of the invoice by the Customer will be deemed to be acceptance by
the Customer of the terms and conditions of trade.
All images shown on website are representations only, actual product may vary
significantly from photos.
14 GOVERNING LAW
14.1 These terms of trade are governed by the laws of New Zealand.
14.2 Studio-lights.com and the Customer shall submit to the non-exclusive
jurisdiction of the courts of New Zealand in respect of any dispute or
proceeding arising out of these terms and conditions of trade.
15 SAFETY
All items sold by us must be first safety and fire assessed by YOU then installed
ONLY by a qualified and registered professional. We take no reasonability what
so ever for any damage, injury, or death caused by use of or installation of any
of our products.
Lights and signs are sold as "EMPTY CABINETS" only, some products have the
option of having a 3rd party LED Matrix installed before delivery. the installed
CANTONLINK modules are not manufactured, warranted, tested or guaranteed by Judd
Studio Engineering or Studiolights.com