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INTERPRETATION
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1
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In these conditions the expression “the company” means the Cats Pyjamas Ltd (trading as EMPOROS) and its successors and assigns and the expression "the customer" means the person, firm or corporation described in the application to open a credit account and their permitted successors and assigns. Placing of any orders for goods with the company shall be deemed to represent acceptance by the customer of these Terms of Trade.
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PRICE & DELIVERY
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2
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Except as otherwise agreed in writing by the company, the price of the goods is the standard price in force at the date of delivery plus any Goods & Services Tax (GST) thereon (except to the extent GST is expressly included).
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3
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The price excludes the cost of delivery of the goods to the customer. All freight is charged to the customer account unless expressly arranged and approved in writing to the contrary before goods are dispatched. Road transport or cheaper alternative is used unless the customer expressly requests otherwise. Air freight or special courier deliveries will be charged to the customer. The company accepts no liability for any delay in delivery caused outside the company’s control.
Where we are requested by the invoice customer to deliver goods to a third party, we do so at the purchaser’s risk. If the goods delivered are incorrect or cannot be accurately identified by the receiver and are cut or damaged, we will not accept liability. This applies even if Emporos have sent the incorrect goods.
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4
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All claims for errors or short deliveries in respect of the goods must be made in writing within 10 days of the delivery date.
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RISK & TITLE
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5
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Notwithstanding any other term or condition the ownership of all goods supplied shall remain with the company until such time as the customer has paid all sums owing to the company, whether under this agreement or any other agreement.
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6
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Until such time as payment is made of all moneys due on any account the customer shall hold the goods in fiduciary capacity for the company and agrees if requested to store the goods separately from any other goods and in a manner that clearly shows the company’s ownership.
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7
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In the event that the goods are resold by the customer before the customer has paid all moneys to the company, the proceeds of such resale, to the extent of the amount owing to the company, shall be held on trust for the company and the balance of the proceeds (if any) shall be the beneficial interest of the customer under that trust.
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PAYMENT
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8
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Payment of the price is due on the date of dispatch or the date on invoice, whichever is the sooner. Payment is overdue if not paid by the 20th of the following month.
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If payment is overdue that shall constitute a breach of these conditions and the customer will upon demand pay to the company interest on any overdue amount at the rate of 5% per annum above the base lending rate of the company’s bankers from the date that payment was due until payment in full is received by the company. The charging of interest shall not constitute the granting of an extension of credit or an option to pay interest instead of the overdue payment and it is in addition to the company’s other remedies.
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10
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If payment is overdue the company may at its discretion and in addition to its other remedies suspend the customer’s entitlement to credit and require payment in cash on or before delivery of the goods, or withhold supply of any goods ordered by the customer under any contract, until the customer has discharged all outstanding indebtedness to the company.
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COSTS
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11
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The customer will upon demand pay all the company’s expenses (including bank charges on dishonored cheques) and legal costs (on a solicitor/agent/client basis) in the collection of overdue moneys or in the repossession of the goods.
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CLAIMS
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12
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Where the Consumer Guarantees Act 1994 (“the Act”) applies, the customer shall have all the remedies provided under the Act, but no others. Where the customer acquires, or holds themselves out as acquiring, the goods for business purposes, the Act shall not apply. If the Act does not apply, the liability of the company shall be limited to the lesser of the price of the goods supplied or the amount the company may receive from it’s supplier in respect of any claim or the actual loss or damage suffered by the customer, and except to the extent of any guarantees or warranties accompanying the goods on delivery or otherwise expressly confirmed in writing by the company:
(a) all warranties, descriptions and representations, and
(b) conditions as to fitness, suitability for any purpose, tolerance to any conditions, merchantability or otherwise:
are expressly excluded, and the company shall not be liable in any way whatsoever to the customer or any third party, whether in tort or contract, for any indirect, special or consequential loss or damage.
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RETURNS
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13
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The customer may return goods that comply with this contract where:
(a) the company has agreed in advance to confer that right; and
(b) the goods are in good saleable condition; and
(c) the goods were supplied at the standard price charged by the company and not at a discount or reduced price or other special terms; and
(d) the goods are free of any stickers or other labeling by the customer; and
(e) the goods are a standard product and are not imported from overseas at the customers specific request; and
(f) the goods are returned within 10 days following delivery; and
(g) the goods have not been cut.
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14
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The company may charge a handling and restocking fee of up to 15% of the price of the goods by way of deductions from any credit or refund due to the customer.
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TERMS AND CONDITIONS OF ORDERING
DRAPERY CUTS: When ordering please state the required drops. This assists us ensuring the correct meterage is supplied.
DYELOT VARIATIONS: We cannot guarantee that fabric will match exactly to the sample from which it is ordered. If exact match is required, please supply sample with order, otherwise no returns will be accepted.
SHRINKAGE: All fabrics are liable to shrinkage, it is important that sufficient allowance is made. Most fabrics should have an allowance of 2-3% for acrylic, polyester and for cottons, linens and acetates 5-6% is considered normal.
CUTTING: Please check before cutting that the correct fabrics colour and meterage has been supplied. No claims can be accepted after fabric has been cut. Also in the case of two sided fabrics or railroad designs, check for correct side and direction.
RESERVES: Fabric may be reserved for one working week after which time it will be transferred back into stock unless prior arrangements have been made.
INDENT: This means that this product is specially sourced from the company’s European suppliers-delivery will be 10-14 days by airfreight or 6-8 weeks by sea freight depending on stock availability. No discount can be given on thee indent products.
SPECIFICATIONS: Please note that all widths and repeats listed are approximate.
CUT LENGTHS: The minimum order size is 1 metre. No orders under this size will be processed. List prices apply to all orders under 50 metres and specified lengths.
PLEASE NOTE: We reserve the right to change prices and to discontinue fabrics without notice. Wholesale prices exclude GST. Recommended retail is inclusive of GST.
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