Terms & Conditions

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General terms:

All quotations made by Pak-Line are subject to and incorporate these terms and conditions and any order placed with Pak-Line is to be deemed to incorporate these Terms and Conditions and no variations, modifications or substitution shall be binding on Pak-Line unless specifically accepted in writing.

Duration of Quotations or Tender

A quotation does not give rise to a binding contract. Pak-Line reserves the right to withdraw or cancel any quotation or tender without notice any time prior to acceptance and any quotation or tender not accepted by orders within 21 days is subject to confirmation at the time of acceptance.

Acceptance

The acceptance of any quotation or tender must be accompanied by sufficient information to enable Pak-Line to proceed forthwith in default of which Pak-Line shall be at liberty to amend the quotation or tender to cover any increase in cost which has taken place after acceptance.

Risk and Retention of Title

Risk of any loss, damage or deterioration of Goods shall pass to the Purchaser when the Goods are delivered to the Purchaser or, where the Goods are ready for delivery and the Purchaser does not wish to take delivery, when Pak-Line is ready and willing to deliver.

All goods sold by Pak-Line shall remain the property of Pak-Line and shall be separately identified until all sums owing in respect of the purchase of the goods have been fully paid for by the Purchaser. The Purchaser shall retain any funds received for the goods prior to payment as a trustee for Pak-Line pending payment. If payment by the Purchaser is overdue Pak-Line may recover any or all of the goods and may enter the customer’s premises for that purpose.

Payment

Payment for the Goods shall be made not later than the 20th of the month following that in which the goods are dispatched, without deduction, deferment, or set off. If payment is not made on time Pak-Line reserves the right to charge interest on outstanding accounts at the rate of 18% per annum accruing from day to day.

If the account is not paid within 30 days after the due date, Pak-Line’s debt collection agent may charge the Purchaser a fee equal to 25% of the unpaid portion of the price, but not less than $50. Where the total debt collection agency costs, legal and other costs arising from the collection of any amount owing exceeds the debt collection fee charged, our debt collection agent is also entitled to recover such additional costs from you. This clause is intended to be for the benefit of and enforceable by our debt collection agency under the Contracts (Privacy) Act 1982.

Pak-Line reserves the right to limit the amount of credit provided by Pak-Line to the Purchaser at any time.

Security Interest

By signing these Terms, the Purchaser grants a security interest in the Goods and all proceeds as security for payment of the Price of such goods and all other amounts owing by the Purchaser under these Terms or any other contract or arrangement between Pak-Line and the Purchaser. The Purchaser shall provide all information and do all things required by Pak-Line to ensure Pak-Line has a first ranking security interest in the Goods and all proceeds under the PPSA. Pak-Line may suspend performance of its obligations under these Terms (at the Purchaser’s cost) until such information is provided and all such things are done.

The Purchaser will not assign, charge, encumber, mortgage, or permit any lien to arise over, or security interest to attach to (other than Pak-Line’s), Goods without Pak-Line’s written consent.

The Purchaser shall have no rights under the following sections of the PPSA: 114(1)(a),116,120(2),121,125,129, and 131. The Purchaser waives its right under the PPSA to receive a copy of any verification statement under the PPSA. If Pak-Line has rights in addition to those in Part 9, those rights shall continue to apply. The expressions accession, security interest and verification statement have the meanings given to them under the PPSA.

Production Tolerance

There shall be an allowable variation in the gauge and or dimension of goods delivered of 10% above or below the dimensions specified, and a quantity tolerance amounting to 10% (plain products) or 20% (printed products) above or below the quantity specified in the order.

Exclusion of Liability

All conditions, statements or warranties, statutory or otherwise express or implied as to the quality of the goods or correspondence with description or sample or fitness for any purpose or made by Pak-Line its agents or its servants are expressly excluded.

Force Majeure

Should Pak-Line be delayed in making delivery owing to any cause whatsoever, beyond Pak-Line’s control, Pak-Line shall be at liberty to cancel or suspend the contract without incurring any liability for any loss or damage resulting there from.

Price Variation

Unless otherwise agreed to, Pak-Line reserves the right to vary the price quoted for the goods to take account of increases in award rates, cost of living increases or costs of materials, including exchange rate fluctuations or any additional expenses incurred between the date of the order and the date of delivery or to take account of expenses incurred in or resulting from any modifications to the goods in accordance with the Purchaser’s request or delays caused by the Purchaser’s instructions or failure to give any instructions.

Delivery

Any periods or times quoted for delivery are to be regarded as estimates and whilst Pak-Line will do its best to keep such period and times no guarantee is given and Pak-Line accepts no responsibility for loss or damage resulting from such delay. Delays due to circumstances outside the control of Pak-Line shall not entitle the Purchaser to cancel any order or to refuse to accept delivery. Unless specified otherwise quotations are based on

delivery at the Pak-Line’s factory door; and,
continuous and uninterrupted delivery of the complete order.

Purchaser’s Property and Property Supplied

The Purchaser’s property and all property supplied to Pak-Line by or on behalf of the Purchaser will be held at the Purchaser’s risk. Every care will be taken to secure the best results where the materials or equipment are supplied by the Purchaser. Responsibility however cannot be accepted for sub-standard work caused by defects or unsuitability of such materials or equipment. Where the Purchaser supplied materials all supplies will be used, and there is no guarantee as to the quantity of finished goods provided there from.

Colour Matching

Every reasonable effort will be made by Pak-Line to match the shade or colour if any is specified but in no event will this require Pak-Line to make better than a commercial match of colours.

Claims

Claims regarding the goods must be made in writing within 14 days of delivery or they will be deemed to have been waived. By lodging a claim the Purchaser agrees to hold the goods ready for inspection for a 30 day period. Should the goods or any part thereof be sold in this period all claims shall be deemed to have been waived. In the event of an outstanding claim payment must still be made within terms without deduction or set off. Pak-Line will endeavour to resolve all claims within 60 days.

Artwork

The preparation of artwork, design or texts for printing on the goods or separate label for use in conjunction therewith and /or sold to the Purchaser shall not constitute a warranty condition or representation expressly by implication that such labeling complies with any law or laws whether by statute regulation or otherwise in New Zealand or elsewhere and containing any prescription as to content, form, shape, letters or other of any labeling required for any goods whatsoever.

Purchaser’s verbal instructions

Pak-Line shall not be liable for errors or omissions arising from an oversight or a misinterpretation of the Purchaser’s verbal instructions.

Experimental orders

Work prepared in an experimental way at the Purchasers request shall be considered an order and charged for. Sketches and dummies submitted by Pak-Line on a speculative basis shall remain Pak-Line’s property and no use of same shall be made nor shall any idea obtained there from be used except with the written consent of Pak-Line and after payment to Pak-Line of such compensation as Pak-Line may determine.

Holding machines at Purchasers instruction

Where a request has been made by the Purchaser to review the job prior to processing through a machine and as a result that machine stands idle awaiting the Purchasers instructions, then such idle time will be payable by the Purchaser at Pak-Line’s machine rate for that machine.

Liability

Pak-Line will not be liable for any indirect or consequential loss or for any loss to the Purchaser arising from third party claims occasioned by errors or omissions in carrying out the work or by delay in delivery.

Bar code symbol

When applying bar code symbols on packaging Pak-Line will exercise all due care and skill and will produce in accordance with the relevant recommended procedures published from time to time and the specifications of the Purchaser. All the Purchaser’s instructions must be consistent with the recommendations of the operating manual for the product numbering and symbol marking published from time to time by GS1 New Zealand.

Notwithstanding the foregoing, the liability of Pak-Line whether in contract or in tort for any loss or damage arising directly or indirectly from any defect in or non-compliance of any symbol applied by Pak-Line on any packaging shall be limited at the option of Pak-Line to their replacement of such packaging or to the refund of the purchase price of such packaging on which the defective or non-complying symbol is printed.

Under no circumstances will Pak-Line be liable for any consequential loss or damage arising out of any defect in or non-compliance of the symbol on any packaging.

Arbitration

Failing settlement of any dispute regarding quality, workmanship or other the matter shall be referred to arbitration pursuant to the provisions of the Arbitration Act 1908 and its amendments.

Work under the contract shall so far as may be reasonably practical continue during any arbitration proceedings and no payments which may or shall become due shall be withheld by reason or on account of such proceedings.

Should any goods be under specification but still useable for normal business purposes the arbitration shall award an adequate allowance to the customer. The liability of Pak-Line for defective quality of workmanship shall be limited to the value of the goods supplied and shall not include liability for any consequential indirect or special damage or loss of any kind whatsoever.

Pak-Line Ltd
January 2025