TERM OF TRADE AND APPLICATION FOR CREDIT
TYPE OF BUSINESS:Limited Company Partnership Sole Trader Other
FULL CUSTOMER or COMPANY NAME: ______
COMPANY REGISTRATION No. ______
TRADING NAME:______
POSTAL ADDRESS:______POSTCODE: ______
______DX: ______
DELIVERY ADDRESS:______
______
Contact:______Phone Number: ( ) ______Fax Number: ( ) ______
Enquiry Email:______
Name and Address of Directors/Partners/Proprietors
Sole Trader/Private Individuals
NAME (in full)RESIDENTIAL ADDRESSDATE OF BIRTH
______
______
______
______
NAME AND BRANCH OF BANK:TYPE OF BUSINESS:
______
Will an order number be required?Yes / NoIf ‘Yes’ please specify type:1.Verbal
2.Written
TRADING REFERENCES:
1. ______Telephone ( ) ______
2. ______Telephone ( ) ______
3. ______Telephone ( ) ______
DECLARATION
1.I warrant that I am authorised by the partners/directors of the applicant to commit them to the terms and conditions of this application and the consent clause contained in this application form.
2.I/We irrevocably authorise any person or company to provide JAZZ PRINT LTD with such information as it may require in response to its credit enquires relating to this application. I/We further irrevocably authorise JAZZ PRINT LTD to furnish any third party/Associated Companies details of this application and any subsequent dealings that I/we may have with JAZZ PRINT LTD as a result of this application being actioned by JAZZ PRINT LTD.
3.I/We acknowledge that I/we do not have to provide JAZZ PRINT LTD with any information, but if I/we do not, it may affect their decision whether or not to give or Continue giving me/us supply on credit terms.
4.I note that payment is due on the 20th day of the month following purchase. In default of such prompt payment, I/we undertake to pay late payment fees of 2% per month on any amount outstanding and indemnify JAZZ PRINT LTD and pay all costs and expenses on a solicitor/client basis if legal action is necessary, and/or Collection Fees which JAZZ PRINT LTD may incur in recovering from any overdue amount.
5.I, (full name) ______, warrant to JAZZ PRINT LTD that, as agent of the buyer, I am authorised to enter into this contract on the buyer’s behalf.
6.I am aware of and agree to the Standard Terms and Conditions of JAZZ PRINT LTD as included on page 3 of this application form.
7.I warrant to JAZZ PRINT LTD that the information given in this application is, to the best of my knowledge, information and belief, correct and complete.
Signed for on behalf of the buyer: ______Date: / / /
TERM OF TRADE AND APPLICATION FOR CREDIT
PERSONAL GUARANTEE (to be completed by Limited Liability Companies.)
I/We acknowledge and agree that I/we will be deemed to be a principal debtor/s jointly and severally liable with the
In consideration of the Provision of Credit tocompany to pay the monies and to indemnify JAZZ PRINT LTD in respect of all monies now and thereafter owed by ______Limited (“the Company) the Company to JAZZ PRINT LTD and acknowledge and
(name of company)agree that JAZZ PRINT LTD may require me/us to pay such monies and to indemnify JAZZ PRINT LTD as aforesaid without JAZZ PRINT LTD first taking proceedings against the Company or any other person.
I, ______OF______SIGNATURE______DATE__/___/___
(full name)(residential address)
I, ______OF______SIGNATURE______DATE__/___/___
(full name)(residential address)
I, ______OF______SIGNATURE______DATE__/___/___
(full name)(residential address)
Being Director/s/Shareholder/s of that Company hereby jointly and severally personally guarantee payment to JAZZ PRINT LTD for any goods supplied to the company
in that, if the company fails to make payment, I/we will be personally liable for payment for these goods, and interest payable on outstanding amounts, and Collection
Fees incurred in recovering any overdue amounts.
______
CREDIT LIMIT APPROVED $______
CLIENT CODE: ______
File: Design1/Jazz/Jazz Application for credit form
JAZZ PRINT LTD. TERMS OF TRADE
STANDARD TERMS AND CONDITIONS & RECOGNISED CUSTOMS OF THE PRINTING TRADE & JAZZ PRINT LTD.
Issued by the Printing Industries Federation of New Zealand Inc.
PRINTER. As used in the following clauses means JAZZ PRINT LTD.
1. QUOTATIONS. All quotations are based on printed, typewritten or other good copy. Should any additional work be required to obtain copy in this condition such work shall be carried out at the customer’s expense. The quotation shall be deemed to interpret the customer’s instructions written and verbal. Customers are accordingly advised to exercise due care and attention when checking quotations before any further work proceeds. The term quotation shall include estimates for the purpose of these conditions.
2. ACCEPTANCE. The quotation shall lapse unless accepted within 14 days from the day it is given.
3. GOODS AND SERVICES TAX. The customer shall pay Goods and Services Tax at the rate applying.
4. INKS. Unless otherwise specified all single colour work is quoted on the basis of using black ink. Any changes in the ink required after quotation shall be charged as an extra.
5. COST VARIATION. Quotations are based on the cost prevailing at the time of quoting. The quoted price shall always be subject to amendment in recognition of the movements in these costs after quotation date.
6. ALTERATIONS. Quotations shall be based on specifications supplied by the customer at the time of quoting and any deviation from these specifications may result in additional charges.
7. AUTHOR’S CORRECTIONS. Author’s corrections on and after the first proof including alterations in style shall be an additional charge.
8. CUSTOMER’S EXPERIMENTAL ORDERS. Work of an experimental nature prepared at the customer’s request shall be considered an order and charged for accordingly.
9. PRINTER’S SPECULATIVE WORK. Sketches, dummies and designs submitted by the printer on a speculative basis shall remain the printer’s property and no use shall be made nor any idea obtained therefrom be used, without the agreement of the printer in writing.
10. TYPE AND OTHER INTERMEDIARY MATERIAL. Unless otherwise agreed in writing, typesetting, artwork, colour separations, and/or any other imtermediary material specifically required for the completion of a customer’s order, shall be an additional charge.
11. CUSTOMER’S VERBAL INSTRUCTIONS. A printer shall not be held liable for errors or omissions arising from an oversight or a misinterpretation of a customer’s verbal instructions.
12. COLOUR PROOFS. No guarantee shall be given to exactly match a print production with a colour proof because of variances in proof preparation methods and substrates. However, the printer shall at all times endeavour to provide the customer with a commercially acceptance interpretation of the proof.
13. HANDLING PAPER STOCK. All paper supplied by the customer for the production of the customer’s work shall be subject to a charge for handling, storage and profit as determined by the printer.
14. ELECTRONIC STORAGE. Unless otherwise agreed in writing the customer shall have no right or title to material stored by the printer on discs, tapes or any other form of electronic storage, but if the printer agrees to duplicate or transfer stored electronic material to the customer the printer shall have the right to charge for the service.
Discs, tapes and any other form of electronic storage supplied by the customer shall remain the property of the customer and unless otherwise instructed in writing, the printer shall assume that these are a copy of the original.
15. CUSTOMER’S PROPERTY AND PROPERTY SUPPLIED. Customer’s property and all property supplied to the printer by or on behalf of the customer shall be held at the customer’s risk. Every care will be taken to secure good results where the materials or equipment are supplied by the customer.
If any change or correction is necessary in order to supply properly finished work, the additional work shall be at the customer’s expense. Responsibility shall not be accepted for sub-standard work caused by defects or unsuitability of such materials or equipment. Where the customer supplies materials adequate supplies shall be furnished to cover spoilage as agreed with the printer.
16. HOLDING PRESS TO CUSTOMER’S INSTRUCTIONS. Presses held awaiting a customer’s instructions shall be at an additional charge for the time standing.
17. SUSPENDED WORK ON CUSTOMER’S INSTRUCTIONS. The suspension of any work on customer’s instructions for a period of 30 days or more shall entitle the printer to payment in full for all work in progress at the time of suspension. The printer may revise the quotation for the uncompleted portion of the order before proceeding.
18. CANCELLATION OF ORDERS. Orders shall not be cancelled except upon terms which compensate the printer for all expenses incurred and otherwise protect the printer against loss.
19. ORIGINATION, PLATEMAKING POSITIVE OR NEGATIVE FILM, PLATES, BLOCKS, ETC. Unless otherwise specified in writing, in all cases where the customer has been separately invoiced with the cost or such work, the ownership of such material shall remain customer property. Unless advised in writing within a period of twelve months from date of invoice the printer may dispose of these materials.
Any proceeds arising from their disposal may be used by the printer to offset the cost of storage.
20. DELIVERY. Unless specified otherwise quotations shall be based on (a) delivery at the printer’s factory door, and (b) a continuous and uninterrupted delivery of the complete order.
21. URGENT DELIVERY. Should urgent delivery be agreed to, all related costs including overtime shall be an additional charge.
22. VARIATION IN QUANTITY. Every effort shall be made by the printer to deliver the quantity specified. All quotations however are conditional upon a margin of 5% in single colour work and 10% in multicolour work being supplied over or under. Unless otherwise agreed in writing this margin shall be charged or deducted respectively on a pro rata basis.
23. CLAIMS. Any complaint shall be made in writing within 10 days of receipt of goods. Beyond this no claim shall be recognised.
24. OUTSIDE INFLUENCES. The printer shall not be responsible for any delay, default, loss or damage due to any industrial disputes, accidents, acts of God, equipment failure or mischievous damage or other causes beyond the printer’s control.
25. PROOF APPROVAL. The printer shall not be liable for errors in the finished work where a proof has been submitted to and approved by the customer. All proofs, including proofs subsequent to amendments or alterations shall be charged to the customer.
26. LIABILITY. The printer shall not be liable for any indirect or consequential loss or for the loss to a customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
No warranty shall be given or responsibility accepted by the printer to ensure that goods produced comply with the requirements of any legislation relating to the marking and/or labelling and/or packaging of goods. Compliance with the requirements of any such legislation shall be the sole responsibility of the customer.
27. ILLEGAL OR LIBELLOUS MATTER. The printer shall not be required to print any matter which in the printer’s opinion is or may be illegal or libellous in nature or in breach of the Fair Trading Act 1986 or any other statute or any provision thereof.
The printer shall be indemnified by the customer in respect of any claims, costs and/or expenses arising from or out of any illegal or libellous matter or any breach of the Fair Trading Act 1986 or any other statute or any infringement of copyright, patent or design.
28. SUITABILITY OF GOODS. No guarantee shall be given or implied that the goods supplied at the customer’s instructions or designed by the printer to those instructions are suitable for specific market requirements.
29. PAYMENT TERM. Unless otherwise stipulated by the printer or otherwise agreed between the printer and the customer, payment of the printer’s account is due in full on or before the 20th of the month following delivery.
30. ROMALPA CLAUSE.
A. The ownership and property in the goods supplied shall not pass to the Purchaser until payment both in respect of the goods and all other debts and liabilities owed by the Purchaser to JAZZ PRINT LTD at the date of delivery of the goods has been received by the Vendor. Payments by cheque or other bills of exchange shall not be deemed to have been received until honoured. The Vendor in its exclusive discretion (and despite any prior attempted appropriation by the Purchaser) may appropriate all payments received from the Purchaser to payment on account of such goods, debts and liabilities as the Vendor determines.
B. Where the goods, the property in which has not passed to the Purchaser pursuant of clause 30A hereof, are resold to a third party by the Purchaser (who as far as third parties are concerned shall sell as principal) the proceeds of such re-sales (including cheques relating thereto) shall to the extent that any such are owed to the Vendor be held by the Purchaser as fiduciary for the Vendor and shall be kept separate from any money or cheques of the purchaser PROVIDED HOWEVER the Purchaser shall be and remain responsible for and shall indemnify the Vendor, its agents and servants, against all liabilities to third parties that may result from these conditions of supply.
C. Until the liabilities have been fully discharged in accordance with the above clauses, the Vendor shall have the right to search for and retake possession of any such goods or the proceeds of their sale, and for this purpose may enter, without notice, any premises occupied by the Purchaser, or any other premises acting as the Purchaser’s agent.
D. All legal costs associated with the collection and recovery of outstanding accounts will be added to the total amount payable by the Purchaser.
Issued originally in 1929, revised in 1948, 1961, 1972, 1978, 1984 and December 1987 to incorporate technological change and Government legislation.