|WHAT PERSONAL INFORMATION DO WE COLLECT?
|Subscribing to this website:
when you subscribe to this website we ask that you complete an online form which asks for information about you, such as your name and email address.
|Purchasing products from this website or paying accounts online:
this website also offers an e-commerce facility which allows you to purchase products or pay invoices using a credit card. When you use that facility we collect information regarding your credit card in order that we can process your payment. Use of our e-commerce facilities is subject to additional terms and conditions which you can view by clicking here.
|Becoming a client:
if you become a client we collect more detailed information from you to enable us to give you the advice you need.
|Information from other sources:
we do not collect information about you from other sources unless it is in the public domain or you have authorised us to do so.
|HOW WE USE YOUR PERSONAL INFORMATION?
|We may use your personal information for a number of reasons, namely:
(a) To personalise and improve your experience on this website or with the services we provide;
(b) To communicate with you in relation to any matter relevant to our business, this website and the services or products we provide;
(c) To monitor website usage;
(d) To provide you with information from third parties which we think would be of interest to you.
Where we communicate with you for marketing purposes we will comply with the Unsolicited Electronic Messages Act 2007. This means that we will provide you with instructions for unsubscribing from such messages if you choose.
|WHO HAS ACCESS TO YOUR PERSONAL INFORMATION?
|We will never sell your personal information.
Our employees have access to your personal information in order to carry out their job. They are subject to obligations of confidentiality.
|Agents and subcontractors:
we sometimes employ other companies and individuals to perform functions on our behalf. Examples include secretarial support, fulfilling orders, delivering packages, sending postal mail and e-mail, analysing data, processing credit card payments, and organising workshops. They have access to personal information needed to perform their functions, but may not use it for other purposes.
you have rights of access to and correction of your personal information in accordance with the Privacy Act 1993. If you wish to update your information please email: email@example.com
|Releasing information to third parties:
|A cookie is recorded on your computer when you visit this website.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, we recommend you allow cookies because it helps you to access features that you may not have access to otherwise.
|SALE OF BUSINESS
|STANDARD UNIFORM GROUP TRADING TERMS
|1.1 "Uniform Group” shall mean Uniform Group (Auckland) Limited, or any agents or employees thereof.
1.2 "Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing Products from Uniform Group.
1.3 "Products” shall mean:
1.3.1 All Products of the general description by Uniform Group to the Customer; and
1.3.2 All Products supplied by Uniform Group to the Customer; and
1.3.5 All Products that are marked as having been supplied by Uniform Group or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Uniform Group; and
1.3.6 All of the Customer’s present and after-acquired Products that Uniform Group has performed work on or to or in which Products or materials supplied or financed by Uniform Group have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4 "Products” shall also mean all Products, goods and services and advice provided by Uniform Group to the Customer and shall include without limitation the manufacture, supply (wholesale and importation) of uniforms and associated Products, bags, accessories, repairs, recycle of customer's property, design and product development and all charges for labour, hire charges, insurance charges, freight costs, or any fee or charge associated with the supply of Products by Uniform Group to the Customer.
1.5 "Price” shall mean the selling price inclusive of GST and includes all disbursements eg charges Uniform Group pay to others on the Customer's behalf.
| 2.1 Any instructions received by Uniform Group from the Customer for the supply of Products shall constitute a binding contract and acceptance of the terms and conditions contained herein.
|3. COLLECTION AND USE OF INFORMATION
|3.1 The Customer authorises Uniform Group to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products provided by Uniform Group to any other party.
3.2 The Customer authorises Uniform Group to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
| 4.1 Where no price is stated in writing the Products shall be deemed to be sold at the general current amount as such Products are sold by Uniform Group at the time of the sale.
4.2 The price may be increased as and when Uniform Group sees fit.
|5.1 Products shall be made in full before being handed over to the Customer
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 A deposit may be required.
5.6 Progress payments may apply.
5.7 The Customer agrees to make all payments to Uniform Group relating to the supply of the goods in full, without deduction of any nature whether by way of set-off, counterclaim or any other claim.
|6.1 Where a quotation is given by Uniform Group for Products:
6.1.1 Unless otherwise agreed the quotation shall be valid for seven (7) days from the date of issue; and
6.1.2 The quotation shall be inclusive of goods and services and services tax unless specifically stated to the contrary;
6.1.3 Uniform Group reserves the right to alter the quotation because of circumstances beyond its control.
6.2 Where Products are required in addition to the quotation the Customer agrees to pay for the additional price of such Products.
|7. DELIVERY AND RISK
|7.1 The Products remain at Uniform Group’s risk until delivery to the Customer at the retail site for that specific school.
7.2 Delivery of Products shall be deemed complete when Uniform Group gives possession of the Products directly to the Customer or possession of the Products is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
7.3 In the case of export sales, delivery on a sale FOB, CIF or C & F basis in accordance with Icoterms 1990 will unless stated otherwise in this contract be complete when the goods effectively pass the ship’s rail at the port of shipment or arrive at the airport for despatch or earlier leave Uniform Group’s custody for shipment to the Customer. Trans-shipment is to be allowed. Delivery maybe effected in one or more delivery.
7.4 Any costs for storage, transportation or any other expenses may be charged at the Customer’s expense, if the Customer refuses to take or accept delivery at the time specified in the quotation or at any other times that Uniform Group is able to deliver the Products.
7.5 Risk of any loss, damage or deterioration of the Products is at the Customer’s risk and cost.
7.6 Uniform Group reserves the right to deliver the Products in instalments and each instalment is deemed to be a separate contract under the same terms and conditions of the main contract. If Uniform Group is unable to make delivery, the Customer will not be entitled to repudiate the order.
|8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
|8.1 Title in any Products supplied by Uniform Group passes to the Customer only when the Customer has made payment in full for all Products provided by Uniform Group and of all other sums due to Uniform Group by the Customer on any account whatsoever. Until all sums due to Uniform Group by the Customer have been paid in full, the Customer grants to Uniform Group a security interest in all Products ("the security interest”).
8.2 If the Products are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Products shall remain with Uniform Group until the Customer has made payment for all Products, and where those Products are mixed with other property so as to be part of or a constituent of any new Products, title to these new Products shall deemed to be assigned to Uniform Group as security for the full satisfaction by the Customer of the full amount owing between Uniform Group and Customer.
8.3 The Customer gives irrevocable authority to Uniform Group to enter any premises occupied by the Customer or on which Products are situated at any reasonable time after default by the Customer or before default if Uniform Group believes a default is likely and to remove and repossess any Products and any other property to which Products are attached or in which Products are incorporated. Uniform Group shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Uniform Group may either resell any repossessed Products and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and credit the Customer’s account with the invoice value thereof less such sum as Uniform Group reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Products are retained by Uniform Group pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 ("PPSA”) and to object under s.121 of the PPSA.
8.5 The following shall constitute defaults by the Customer:
8.5.1 Non payment of any sum by the due date.
8.5.2 The Customer intimates that it will not pay any sum by the due date.
8.5.3 Any Products are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Products.
8.5.4 Any Products in the possession of the Customer are materially damaged while any sum due from the Customer to Uniform Group remains unpaid.
8.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distrains against any of the Customer’s assets.
8.5.6 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Customer.
8.6 The Customer may not assign its obligations under the security interest without the written consent of Uniform Group
|9. PAYMENT ALLOCATION
|9.1 Uniform Group may in its discretion allocate any payment received from the Customer towards any invoice that Uniform Group determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by Uniform Group, payment shall be deemed to be allocated in such manner as preserves the maximum value of Uniform Group’s purchase money security interest in the Products.
|10.1 No claim relating to Products will be considered unless made in writing within seven (7) days of delivery.
|11.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Uniform Group which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Uniform Group, Uniform Group’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
11.2 Except as otherwise provided by clause
11.1 Uniform Group shall not be liable for:
11.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Products by Uniform Group to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products provided by Uniform Group to the Customer; and
11.2.2 The Customer shall indemnify Uniform Group against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Uniform Group or otherwise, brought by any person in connection with any matter, act, omission, or error by Uniform Group its agents or employees in connection with the Products.
|12.1 Uniform Group warrants to the Customer that:
12.1.1 The bulk of the Products shall conform to its sample;
12.1.2 The Products will conform substantially to any specifications marked on any label, packaging or specification sheet accompanying the Products;
12.2 Any claims under the warranty must be made in writing within seven (7) says of the defect or default becoming apparent.
12.3 The warranty does not apply to damage or defects, which arise because of events outside of Uniform Group’s control or because of wilful or accidental damage, negligence or improper maintenance or storage or use contrary to Uniform Group’s instructions.
|13. COPYRIGHT AND INTELLECTUAL PROPERTY
|13.1 Uniform Group owns and has copyright in all Products designed and produced by Uniform Group, drawings, specifications, models, photographs, documents and software produced by Uniform Group in connection with the Products sold. Customer will be in breach of copyright if Uniform Group's intellectual property is used without the consent of Uniform Group.
|14. CONSUMER GUARANTEES ACT
|14.1 The guarantees contained in the Consumer Guarantees Act 1993 will apply when sold direct to the end user. They will be excluded where the Customer acquires Products from Uniform Group for the purposes of a business in terms of section 2 and 43 of that Act.
|15. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
|15.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Uniform Group agreeing to supply Products and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Uniform Group the payment of any and all monies now or hereafter owed by the Customer to Uniform Group and indemnify Uniform Group against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
|16. GENERAL LIEN
|16.1 The Customer agrees that Uniform Group may exercise a general lien against any Products and services or property belonging to the Customer that is in the possession of Uniform Group for all sums outstanding under this contract and any other contract to which the Customer and Uniform Group are parties.
16.2 If the lien is not satisfied within 7 days of the due date Uniform Group may, having given notice of the lien at its option either:
16.2.1 Remove such Products and services and store them in such a place and in such a manner as Uniform Group shall think fit and proper and at the risk and expense of the Customer; or
16.2.2 Sell such Products and services or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and the costs of sale with out being liable to any person for damage caused.
|17.1 Uniform Group shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
17.2 Failure by Uniform Group to enforce any of the terms and conditions contained in the sale of any product shall not be deemed to be a waiver of any of the rights or obligations Uniform Group has under this contract.
17.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.4 The Law of New Zealand shall apply to this contract