Terms & Conditions

TERMS & CONDITIONS

 

In these Terms & Conditions we have used "I", "we", "us" and "our" to refer to Traffic R Us and "you", "your" and "client" to refer to you, our client By ordering work from us you are agreeing to the following terms and conditions of trade.

1. GENERAL

The terms and conditions set out below are designed to provide certainty to both Traffic R Us ("us") and you the client ("you") to avoid any misunderstanding and particularly in the case of a dispute arising. Please carefully read through these terms and conditions and seek clarification either from us or a solicitor if you are unclear on any points. These terms shall prevail over any other. These terms and conditions shall apply to the provision of all of our services including those of any of our sub brands and or any of our subsidiary companies.

2. INTERPRETATION

a. In these terms and conditions and in any Contract to which these terms and conditions apply, unless the context otherwise requires:

b. Company means Traffic R Us;

c. Conditions means these terms and conditions to be read and construed with each Quotation provided by the company;

d. Customer means the purchaser of Products and/or Services from the Company;

e. Contract means an agreement between the Customer and the Company comprising the Quotation and the Conditions;

  1. Products and Services means the products sold by the Company to the Customer under a Contract;
    1. Unless the Company and the Customer otherwise agree in writing:
    2. In the event of any conflict: arising between these Conditions and any Contract these Conditions shall prevail; and
    3. Quotations by the Company remain open for acceptance within 30days from the date of the Quotation.

2a Formation of the Contract

a. No Contract shall come into existence until the Customer's order has been accepted by the Company. The Customer may place an order by either:

b. The Customer signing and returning the Quotation to the Company; or

c. Paying the deposit (if any) referred to in the Quotation; or

d. Communicating its order to the Company in a manner otherwise than in accordance with (a) above.

  1. The Customer cannot cancel a contract after an order has been accepted by the Company and bound to pay the quoted price.

3. PRICES

a. We will invoice you upon completion of the work which you have retained us to complete unless the work is ongoing in which case we will invoice you on a monthly basis. Invoices are payable within seven working days of the date of that invoice, unless on account.

b. Prices are quoted in New Zealand Currency and shall be exclusive of GST.

c. If you do not pay your account by the due date and you have not entered into any payment arrangement with js (which is at our sole discretion, as we do not provide credit facilities), we reserve the right to stop working for you immediately and we will not be liable to you for any loss that you may suffer as a result of such discontinuance

4. PAYMENT

a. The Company reserves the right to correct any typographical or clerical errors contained in the prices are specifications of the Contract.
Payment shall be made within seven working days following the date of invoice, unless on account will be due 20th of following month.
The Company reserves the right to require the Customer to pay for Products and/'or Services prior to their supply by the Company.

b. Time for payment is of the essence and, without prejudice to any other rights of the Company, if the Customer fails to pay any sum payable pursuant to any Contract when due:

  1. The Company may treat the Contract as repudiated by the Customer or may until payment in full is made, suspend delivery of Products without incurring any liability whatsoever to the Company;
  2. The Customer shall (if so required by the Company) pay interest to the Company at the default interest rate of three percent (3%) per annum above the current base lending rate set from time to time by the Company's bankers in Christchurch.
    Interest shall be payable daily until the date when the payment is received; and
  3. The Customer shall be liable for all the expenses and costs (including legal costs) in relation to the Company enforcing or attempting to enforce a Contract or these Conditions.

5. HIRE OF EQUIPMENT

a. Any equipment that is hired out or handed over to clients, any loss or damage will be charged at replacement cost.

6. DEFAULT

a. In the event that

  1. The amounts payable by the Customer to the Company are overdue, or the Customer fails to meet any other obligation to the Company, under this or any other Contract or agreement or in the Company's opinion the Customer is likely to be unable to meet any payment or other obligations to the Company; or
  2. The Customer becomes insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to make an arrangement with its creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management: or
  3. The Customer no longer carries on business or threatens to cease carrying on business; or
  4. The ownership or effective control of the Customer is transferred or the nature of the Customers business is materially altered; then
  5. The Company shall be entitled to cancel all or any part of any Contract with the Customer which remains unperformed, in addition to and without prejudice to its o:her remedies; and
  6. All amounts outstanding under this Contract or any other Contract shall, whether or not due for payment, immediately become due and payable.

 

7. PRIVACY

a. l/We acknowledge that Traffic R Us will collect; use and securely hold information set out in an application for credit for the purpose of providing products or services to me/us, and/ or in developing and running Traffic R Us, and/or providing me/us with information on products and services that Traffic R Us thinks might be of interest to me/us. If l/we ask Traffic R Us not to provide me/us with this information, Traffic R Us will comply with my/our request. I/We may ask I Traffic R Us to show me/us the information it holds about me/us and to make corrections to it.

b. I/We agree that Traffic R Us or any authorised agent of Traffic R Us may collect information about me/us from any person who can provide Traffic R Us with information that is of relevance to it. I/We consent to Traffic R Us giving my/our information to any person who can assist it with providing products or services to me/'us and/ or in developing or running its business.

c. I/We understand that Traffic R Us will conduct a credit check on me/us. As part of that credit check, Traffic R Us will give my/our information to credit reporting agencies. Credit reporting agencies will use the information provided by Traffic R Us to update their credit reporting databases. When other parties use the credit reporting agencies' services, they will be provided my/our updated information. Traffic R Us might use credit reporting agencies' services in the future for purposes related to the provision of credit to me/us. For example, Traffic R Us may use credit reporting agencies' monitoring services to receive updates (if any) of the information held about me/us. If l/we default in my/our payment obligations to Traffic R Us, the default information will be listed on the credit reporting agencies' databases and will therefore be disclosed to other parties when they use the credit reporting agencies' services.

d. l/We agree that Traffic R Us can use any artwork for their portfolio, including draft concepts, unless requested to be kept confidential.

8. GUARANTEE

a. In consideration of the Company entering into a Contract to supply Products and/or Services to the Customer, the Guarantor:

  1. Guarantees payment of all monies owed by the Customer to the Company under the Contract, and
  2. Guarantees the performance by the Customer of all obligations, responsibilities and covenants under the contract.

b. The Guarantor agrees that in the event of default by the Customer in any payment, obligation, responsibility or covenant under the Quotation , these Conditions or a Contract, the Guarantor may for all purposes be treated as the Customer by the Company who shall be under no obligation to take proceedings against the Customer before taking proceedings against the Guarantor, and the Guarantor will execute a mortgage over his/her or its property to secure payment of all monies owed and outstanding by the Customer to the Company if requested by the Company.

c. Should there be more than one Guarantor then their liability as Guarantors under this Guarantee shall be joint and several.


9.MISCELLANEOUS

  1. If any Condition or part of any Condition is held to be invalid or unenforceable the invalidity or unenforceability shall be deemed eliminated or modified to the minimum possible extent necessary to make the remainder of the Conditions enforceable.
  2. Failure by the Company to insist upon strict performance by the Customer of any of the Conditions shall not be a waiver of any rights of the Company on any subsequent occasion.
  3. These Conditions and the Contract may only be varied by the company in writing in its absolute discretion.
  4. The Customer may not assign or transfer or purport to assign or transfer any of its rights or obligations under or in connection with the Contract to any other person whatsoever.
  5. The Company reserves the right to sub-contract the performance of the Contract or any part pf the Contract to any other party or person.
  6. The customer agrees that the Company may obtain information about the Customer from any source including credit assessment, debt collecting, and direct marketing activities and the Customer consents to any person providing the Company with such information.
  7. Neither party shall be liable for any delay, alteration or failure to perform any of its obligations under a Contract where occasioned by an event beyond that party's reasonable control ("force majeure") and such party shall be entitled to a reasonable extension of time for the performance of any such obligations.
  8. The Customer shall pay the costs and expenses including legal fees incurred by the Company in exercising any of its rights or remedies or enforcing any of the Conditions.
  9. All Contracts made between the Company and the Customer shall be governed by and construed in accordance with the laws of New Zealand and the Customer agrees to submit to the non­exclusive jurisdiction of the New Zealand Courts.
  10. Any notice given by one party to the other shall be deemed to have been delivered 48 hours after posting to the recipients registered office or last known address and immediately it forwarded by facsimile or email.

10. LAW

a. These terms and conditions shall be governed by the laws of New Zealand and shall be construed in all respects as a New Zealand contract.

11. FORCE MAJEURE

We shall not be responsible for any delay, default, loss or damage due to any industrial disputes, accidents, acts pf God, equipment failure or mischievous damage or other caused beyond our control.

12. PAYMENT PROVIDER

All payments through this website are conducted via the secure payment facilities of Paystation. Paystation accepts payment via Visa and MasterCard credit cards and via one-off bank account transfer. Paystation is registered as a PCI DSS compliant service provider.

13. REFUNDS

Request for a refund must be received within 24 hours of delivery of the product.
Refunds will be issued at the discretion of Traffic R Us.
Refunds will normally be processed within seven (7) days.

This refund policy is not intended to exclude or limit any rights which you may have as a consumer under the Consumer Guarantees Act 1993, and may not necessarily describe all rights you may have.

14. SHIPPING

Goods will be dispatched within 24 hours of receipt of payment
Standard delivery times apply (You will receive your goods within 3-5 business days.)
Shipping costs are automatically calculated in your shopping cart as you process the order, Should you feel that these shipping costs are too high please feel free to contact us by phone.
We use Fastway couriers for our delivery's.