Terms of Trade

1. APPLICATION

This Agreement (as may be modified by the Company from time to time) applies to all Products supplied from time to time by Neon Design NZ Limited (the Company) to the purchaser of the Products (the Client) and where there is any inconsistency between the terms of the Agreement and the conditions of any order, the terms of the Agreement will prevail.  By placing an order for a Product, the Client acknowledges that the Client has read the terms of the Agreement and agrees to terms and conditions contained herein.

2. PRODUCT AVAILABILITY

Our Products are made to order.  We will use our best endeavours to deliver your Product to you within the timeframe (if any) indicated on the order and in any case as soon as reasonably practicable after your order has been placed, however we give no guarantees as to delivery as issues may arise that are outside of our control.

3. PAYMENT / RISK / TITLE

(a)   Full payment is required before orders for Products are processed for manufacture (or before existing Products are dispatched) as Products are made to the Client’s specifications (custom order).

(b)   Once a custom order or order is submitted and paid for by the Client and processed for manufacture by the Company, no refunds can be given (other than for a defective Product or pursuant to any warranty claim accepted by the Company).

(c)   The Client hereby agrees to the terms of payment set out in this clause and agrees to pay any costs of collection and all legal fees incurred by the Company in the event of legal action becoming necessary for non-payment, repossession of the Product or otherwise.

(d)   Risk in all Products shall pass to the Client immediately upon delivery.

(e)   Notwithstanding 3 (d) above, title in the Products will not pass to the Client until payment in full by the Client is received by the Company for any Product supplied to the Client by the Company.

4. WARRANTY
   • Our Products include a one (1) year warranty (warranty period) for defective workmanship or parts where the Product has been used appropriately.
   • Any claims for defects due to defective workmanship or parts must be notified within the warranty period. Subject to clause 4(a), any such defects will at the discretion of the Company be repaired or replaced free of charge.
   • The decision in respect to defective Products including any refund for the cost of the Product shall be determined on a case by case basis depending on the defect complained of.
   • It is the Clients responsibility to satisfy itself that the Product is suitable for its intended use.
   • Notwithstanding any other provision herein, the total liability attaching to the Company under the Agreement shall be limited to the cost of replacing or repairing the Product or materials or workmanship which are defective, to an amount not exceeding the cost of the Product received by the Company from the Client under this Agreement. No claim for consequential losses or damages of any kind will be accepted.

5. NO ASSIGNMENT OF AGREEMENT

This Agreement is personal to the Client and is not capable of assignment by the Client.

6. COMPANY’S RIGHT TO CANCEL

(a)  The Company may cancel the Agreement by notice with immediate effect if the Client is at any time in default of any the terms of the Agreement.  In such event the Client shall be liable to pay for the cost of any work undertaken at that time.  Such cost shall be payable as a debt due immediately upon demand.

(b) The Company is not liable to the Client or any other person for any loss suffered or liability incurred arising from cancellation of the Agreement or repossession of the Product.  Cancellation of the Agreement by the Company is without prejudice to any rights that the Company may have under the Agreement.

7. GENERAL

(a)  The law applying to this Agreement shall be the law of New Zealand.

(b) In the event that any provision of the Agreement is deemed illegal or unenforceable, then such provision shall be deemed to be excluded therefrom, but only to the extent required to remedy the illegality or unenforceability, and the terms of the Agreement shall in all other respects apply in accordance with their stated terms.

8. PRIVACY ACT 1993

(a)   In relation to the Privacy Act 1993, the Client acknowledges that the Company may collect personal information about the Client during the ordering process.

(b)   Failure to provide information requested by the Company may result in an order being declined.

(c)   The Client has rights of access to personal information contained in any agreement with the Company, subject to the provisions of the Privacy Act 1993.

(d)   The Client agrees that personal information may be used by the Company to advise the Client of the Company’s other products or services.

(e)   The Client agrees to the Company releasing to other parties information regarding the Agreement if the Client does not comply with the terms of the Agreement.

(f)    The Client and or each person who purchases Products from the Company pursuant to the Agreement authorises the Company to collect, retain and use information about the Client or such other person for the purpose of assessing the Client’s or such other person’s credit worthiness.