ExpoCrafters Limited – Terms & Conditions
Definitions “Contract” refers to the terms and conditions outlined here, along with any quote, order, invoice, or other document or amendments stated to be in addition to this Contract. “ExpoCrafters” refers to ExpoCrafters Limited, its successors and assigns, or any person acting under the authority of ExpoCrafters Limited. “Client” means the individual(s), entities, or any person authorized to act on behalf of the Client who requests ExpoCrafters to provide the Services as specified in any proposal, quotation, order, invoice, or other documentation, and:
- if more than one Client, refers to each Client collectively and individually;
- if the Client is a partnership, binds each partner collectively and individually;
- if the Client is acting as a trustee, binds them in their trustee capacity;
- includes the Client’s executors, administrators, successors, and permitted assigns. “Goods” encompasses all Goods and/or Services supplied by ExpoCrafters to the Client, upon the Client’s request, from time to time. This includes any apparel, designs, drawings, manuscripts, advertisements, copy, graphics, digital display material, and/or content provided by the Client or any products created or provided by ExpoCrafters in the course of supplying the Client with Goods. Terms ‘Goods’ and ‘Services’ are used interchangeably as context permits, and are detailed on invoices, quotes, work authorizations, or any forms provided by ExpoCrafters to the Client. “Materials” refer to any necessary electronic data files, photographs, illustrations, artwork, notes, text, or other copy required by ExpoCrafters to supply the Goods under an Order. “Order” means a request by the Client to ExpoCrafters for the supply of Goods, encompassing all Services needed to fulfill that request. “Confidential Information” includes any confidential data whether oral, written, or electronic, such as this Contract, each party’s intellectual property, operational details, know-how, trade secrets, financial and commercial affairs, contracts, client information, and pricing details. “Price” refers to the cost of the Goods as agreed between ExpoCrafters and the Client, plus any applicable Goods and Services Tax (“GST”).
Acceptance Placing an order for or accepting delivery of the Goods signifies the Client’s acceptance of these terms and conditions. In case of inconsistency between this Contract and any prior documents, this Contract prevails. Amendments to this Contract require written consent from both parties. Credit supply of Goods is contingent upon the Client’s completion and approval of a credit application with ExpoCrafters. ExpoCrafters reserves the right to refuse delivery if the Client’s credit limit is exceeded. All promotional materials are approximate, and ExpoCrafters may modify specifications slightly as needed. Electronic signatures are accepted following relevant legal standards.
Errors and Omissions ExpoCrafters is not liable for errors or omissions not resulting from its negligence or misconduct. The Client cannot invalidate the Contract based on such errors or omissions.
Authorised Representatives The Client’s authorized representatives have full authority to order Goods and request variations on the Client’s behalf. Any limitations on this authority must be communicated to ExpoCrafters in writing.
Proof Reading / Proof Approval The Client is responsible for proofreading. ExpoCrafters is not liable for errors uncorrected by the Client. Delays in proof approval may suspend order execution. Color match between proofs and production prints cannot be guaranteed.
Change in Control The Client must notify ExpoCrafters of any change in ownership or other significant details at least fourteen days in advance. Failure to do so may result in losses for which the Client is liable.
Price and Payment The Price is determined by ExpoCrafters and may vary according to Goods variations, labor or material cost changes, or currency fluctuations. The Client is responsible for all additional costs arising from non-compliance, late materials delivery, or additional requests. Payments must be made as specified by ExpoCrafters, with various accepted payment methods. The Price does not include GST, which is additional.
Order Completion and Delivery Completion is subject to resource availability. Delivery occurs upon physical handover of the Goods or delivery to the Client’s address. Delivery times are estimates, and ExpoCrafters is not liable for delays. Risk passes to the Client upon Delivery, and insurance is the Client’s responsibility.
Availability and Quality If necessary materials are unavailable, ExpoCrafters may substitute similar materials. Efforts will be made to supply high-quality Goods, with adjustments made for quality discrepancies.
Material or Equipment Supplied by Client Materials or equipment provided by the Client are at the Client’s risk. ExpoCrafters is not liable for loss or damage to these items, except due to its negligence.
Fabrics and Printing The Client acknowledges differences in printing processes and is responsible for fabric quality and delivery timing. ExpoCrafters is not liable for discrepancies in supplied stock.
Compliance Both parties will comply with relevant laws and regulations. The Client is responsible for obtaining necessary licenses and approvals.
Title Ownership of the Goods remains with ExpoCrafters until full payment is received. The Client is a bailee until then and must insure the Goods.
PPSA The terms constitute a security agreement under the PPSA, with a security interest in the Goods supplied.
Security and Charge The Client charges their assets to secure their obligations under these terms. ExpoCrafters has enforcement rights in case of default.
Defects and Returns Defective Goods must be reported within 24 hours of delivery. Returns are subject to ExpoCrafters’ discretion and conditions.
Warranty Warranties for non-ExpoCrafters manufactured Goods are provided by the manufacturer. ExpoCrafters is not responsible for additional warranties.
Consumer Guarantees Act 1993 The provisions of the Consumer Guarantees Act 1993 do not apply if the Goods are acquired for business purposes.
Intellectual Property ExpoCrafters owns intellectual property in created works. The Client indemnifies ExpoCrafters against copyright infringement claims.
Confidential Information/Conflict of Interest Confidentiality obligations survive the Contract’s termination. ExpoCrafters will advise the Client of any potential conflicts of interest.
Default and Consequences of Default Interest accrues on overdue payments. The Client indemnifies ExpoCrafters for costs incurred in debt recovery. Default may result in order cancellation and immediate payment requirements.
Cancellation ExpoCrafters may suspend or terminate supply due to breach of terms. Cancellations by the Client may incur costs.
Privacy Policy ExpoCrafters complies with privacy laws regarding personal information management and acknowledges the importance of securing client data.
Service of Notices Notices must be given in person, by post, fax, or email, with specific provisions for deemed receipt.
Trusts If the Client acts as a trustee, they are bound by these terms in their trustee capacity.
General Disputes are subject to arbitration. These terms are governed by New Zealand law and subject to Auckland Courts jurisdiction. Liability for indirect losses is excluded. Amendments to terms for future contracts will be communicated in writing. Force majeure clauses apply.