Terms of service

  • Definitions
        1. Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. 
        2. SOTEP” means Salt of the Earth Packaging Ltd, its successors and assigns or any person acting on behalf of and with the authority of Salt of the Earth Packaging Ltd.
        3. Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting SOTEP to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
          1. if there is more than one Client, is a reference to each Client jointly and severally; and
          2. if the Client is a partnership, it shall bind each partner jointly and severally; and
          3. if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
          4. includes the Client’s executors, administrators, successors and permitted assigns.
        4. Goods” means all Goods or Services supplied by SOTEP to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
        5. "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
        6. Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including personal information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using SOTEP’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website. 
        7. Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between SOTEP and the Client in accordance with clause 6 below.
  • Acceptance
        1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.
        2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
        3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties. 
        4. The Client acknowledges and accepts that:
          1. the supply of Goods on credit shall not take effect until the Client has completed a credit application with SOTEP and it has been approved with a credit limit established for the account;
          2. in the event that the supply of Goods requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, SOTEP reserves the right to refuse Delivery;
          3. the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, SOTEP reserves the right to vary the Price with alternative Goods as per clause 20, subject to prior confirmation and agreement of both parties; 
          4. the variation of regular weekly orders will be subject to three (3) days’ notice of the Client’s intention to vary the order/s;
          5. any advice, recommendation, information, assistance or service provided by SOTEP in relation to Goods or Services supplied is given in good faith to the Client, or the Client’s agent, and is based on SOTEP’s own knowledge and experience and shall be accepted without liability on the part of SOTEP. Where such advice or recommendations are not acted upon then SOTEP shall require the Client or their agent to authorise commencement of the Services in writing. SOTEP shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services; and 
          6. Goods supplied by SOTEP are intended for single use and SOTEP will not accept any liability in the event that contamination occurs as a result of the Client’s non-compliance with:
            1. this clause 2.4(e);
            2. SOTEP’s specifications and/or guidelines for use;
            3. standard safe food handling/packing procedures and guidelines and/or the content of clause 11.
        5. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.
  • Authorised Representatives 
        1. The Client acknowledges that SOTEP shall (for the duration of the Services) liaise directly with one (1) authorised representative, and that once introduced as such to SOTEP, that person shall have the full authority of the Client to order any Goods, and/or to request any variation thereto on the Client’s behalf. The Client accepts that they will be solely liable to SOTEP for all additional costs incurred by SOTEP (including SOTEP’s profit margin) in providing any Goods, or variation/s requested thereto by the Client’s duly authorised representative.
  • Errors and Omissions
        1. The Client acknowledges and accepts that SOTEP shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
          1. resulting from an inadvertent mistake made by SOTEP in the formation and/or administration of this Contract; and/or
          2. contained in/omitted from any literature (hard copy and/or electronic) supplied by SOTEP in respect of the Services.
        2. In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of SOTEP; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid. 
  • Change in Control
        1. The Client shall give SOTEP not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address and contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by SOTEP as a result of the Client’s failure to comply with this clause.
  • Price and Payment
        1. At SOTEP’s sole discretion the Price shall be either:
          1. as indicated on any invoice provided by SOTEP to the Client; or
          2. the Price as at the date of Delivery of the Goods according to SOTEP’s current price list; or
          3. SOTEP’s quoted price (subject to clause 6.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
        2. SOTEP reserves the right to change the Price:
          1. if a variation to the Goods which are to supplied is requested; or
          2. if during the course of the Services, the Goods cease to be available from SOTEP’s third party suppliers, then SOTEP reserves the right to provide alternative Goods, subject to prior confirmation and agreement of  both parties; or
          3. in the event of increases to SOTEP in the cost of labour or materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond SOTEP’s control.
        3. Variations will be charged for on the basis of SOTEP’s quotation, and will be detailed in writing, and shown as variations on SOTEP’s invoice. The Client shall be required to respond to any variation submitted by SOTEP within ten (10) working days. Failure to do so will entitle SOTEP to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
        4. Where a quoted Price is based on a volume of Goods and the Client fails to purchase such volume of Goods as specified in the quotation, SOTEP reserves the right to withdraw the quotation and/or vary the Price in accordance with the actual volume requested, as per clause 6.2
        5. At SOTEP’s sole discretion a non-refundable deposit may be required. 
        6. Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by SOTEP, which may be:
          1. on or before Delivery of the Goods; 
          2. for certain approved Clients, due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
          3. the date specified on any invoice or other form as being the date for payment; or
          4. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by SOTEP. 
        7. Payment may be made by cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and SOTEP.
        8. SOTEP may in its discretion allocate any payment received from the Client towards any invoice that SOTEP determines and may do so at the time of receipt or at any time afterwards. On any default by the Client SOTEP may re-allocate any payments previously received and allocated. In the absence of any payment allocation by SOTEP, payment will be deemed to be allocated in such manner as preserves the maximum value of SOTEP’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
        9. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by SOTEP nor to withhold payment of any invoice because part of that invoice is in dispute.
        10. Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to SOTEP an amount equal to any GST SOTEP must pay for any supply by SOTEP under this or any other contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  • Delivery of Goods
        1. Delivery (“Delivery”) of the Goods is taken to occur at the time that SOTEP (or SOTEP’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
        2. At SOTEP’s sole discretion the cost of Delivery is in addition to the Price.
        3. SOTEP may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
        4. Any time specified by SOTEP for Delivery of the Goods is an estimate only and SOTEP will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that SOTEP is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then SOTEP shall be entitled to charge a reasonable fee for redelivery and/or storage.
  • Risk
        1. Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
        2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, SOTEP is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by SOTEP is sufficient evidence of SOTEP’s rights to receive the insurance proceeds without the need for any person dealing with SOTEP to make further enquiries. 
        3. If the Client requests SOTEP to leave Goods outside SOTEP’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
        4. The Client acknowledges that all descriptive specifications, illustrations, drawings, data stated in SOTEP’s or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by SOTEP.
        5. In the event the Client gives information relating to measurements and quantities of the Goods required, it is the Client’s responsibility to verify the accuracy of the measurements and quantities, before the Client or SOTEP places an order based on these measurements and quantities. SOTEP accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause.
        6. Goods supplied are made from natural materials and inherent imperfections may exist, and Goods may exhibit variations in shade, colour, texture, surface, finish, markings, veining, and may contain natural fissures, occlusions, lines, indentations; and may
          1. fade or change colour over time. 
          2. expand, contract or distort as a result of exposure to heat, cold, weather; 
          3. mark or stain if exposed to certain substances; and
          4. be damaged or disfigured by impact or scratching.
  • On-Line Ordering
        1. The Client acknowledges and agrees that:
          1. SOTEP does not guarantee the website’s performance;
          2. display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by SOTEP
          3. on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
          4. there are inherent hazards in electronic distribution, and as such SOTEP cannot warrant against delays or errors in transmitting data between the Client and SOTEP including orders, and you agree that to the maximum extent permitted by law, SOTEP will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
          5. when making a transaction through the website, the Client’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the Client’s information cannot be read by or altered by outside influences;
          6. if the Client is not the cardholder for any credit card being used to pay for the Goods, SOTEP shall be entitled to reasonably assume that the Client has received permission from the cardholder for use of the credit card for the transaction.
        2. SOTEP reserves the right to terminate the Client’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of SOTEP’s business, or violated these terms and conditions.
  • Access
        1. The Client shall ensure that SOTEP has clear and free access to effect Delivery of the Goods. SOTEP shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of SOTEP.
  • Compliance with Laws
        1. The Client and SOTEP shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Goods.
        2. The Client agrees that SOTEP shall not be liable for any damage or loss including personal injury, death, sickness, inconvenience, or expense (including loss of income) as a result of SOTEP providing the Goods.
        3. It is the Client’s responsibility:
          1. to ensure that all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling, installation and use of the Goods and where information is supplied to the Client on potential hazards relating to the Goods to bring such information to the attention of its employees, agents, visitors and Clients; and 
          2. to ensure that the Goods are used under the correct supervision in accordance with the information provided (including but not limited to potential hazards etc.).
        4. The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required to buy, possess, use, export, import or resell the Goods.  
        5. The Client hereby indemnifies and shall keep indemnified SOTEP against all action claims, demands, summons, suits proceedings judgments, orders or decrees arising out of or in connection with any act or omission of the Client in respect of its obligations pursuant to this clause.
  • Title
        1. SOTEP and the Client agree that ownership of the Goods shall not pass until:
          1. the Client has paid SOTEP all amounts owing to SOTEP; and
          2. the Client has met all of its other obligations to SOTEP.
        2. Receipt by SOTEP of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
        3. It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 12.1:
          1. the Client is only a bailee of the Goods and must return the Goods to SOTEP on request;
          2. the Client holds the benefit of the Client’s insurance of the Goods on trust for SOTEP and must pay to SOTEP the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
          3. the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for SOTEP and must pay or deliver the proceeds to SOTEP on demand;
          4. the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of SOTEP and must sell, dispose of or return the resulting product to SOTEP as it so directs;
          5. the Client irrevocably authorises SOTEP to enter any premises where SOTEP believes the Goods are kept and recover possession of the Goods;
          6. SOTEP may recover possession of any Goods in transit whether or not Delivery has occurred; 
          7. the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of SOTEP; and
          8. SOTEP may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
  • Personal Property Securities Act 1999 (“PPSA”)
        1. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
          1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and
          2. a security interest is taken in all Goods and/or collateral (account) – being a monetary obligation of the Client to SOTEP for Services – that have previously been supplied and that will be supplied in the future by SOTEP to the Client.
        2. The Client undertakes to:
          1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which SOTEP may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
          2. indemnify, and upon demand reimburse, SOTEP for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
          3. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of SOTEP; and
          4. immediately advise SOTEP of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
        3. SOTEP and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
        4. The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
        5. Unless otherwise agreed to in writing by SOTEP, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
        6. The Client shall unconditionally ratify any actions taken by SOTEP under clauses 13.1 to 13.5. 
        7. Subject to any express provisions to the contrary (including those contained in this clause 13), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 
  • Security and Charge
        1. In consideration of SOTEP agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money). 
        2. The Client indemnifies SOTEP from and against all SOTEP’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising SOTEP’s rights under this clause.
        3. The Client irrevocably appoints SOTEP and each director of SOTEP as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Client’s behalf.
  • Defects
        1. The Client shall inspect the Goods on Delivery and shall within seven (7) days of Delivery (time being of the essence) notify SOTEP of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford SOTEP an opportunity to inspect the Goods within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which SOTEP has agreed in writing that the Client is entitled to reject, SOTEP’s liability is limited to either (at SOTEP’s discretion) replacing the Goods or repairing the Goods.
        2. Goods will not be accepted for return other than in accordance with 15.1 above, and provided that:
          1. SOTEP has agreed in writing to accept the return of the Goods; and
          2. the Goods are returned at the Client’s cost within ten (10) days of the Delivery date; and
          3. SOTEP will not be liable for Goods which have not been stored or used in a proper manner; and
          4. the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
        3. Subject to clause 15.1, non-defective, non-stocklist items or Goods made to the Client’s specifications are not acceptable for credit or return.
  • Consumer Guarantees Act 1993
        1. If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 (“CGA”) do not apply to the supply of Goods by SOTEP to the Client. 
  • Intellectual Property
        1. Where SOTEP has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of SOTEP. Under no circumstances may such designs, drawings and documents be used without the express written approval of SOTEP.
        2. The Client warrants that all designs, specifications or instructions given to SOTEP will not cause SOTEP to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify SOTEP against any action taken by a third party against SOTEP in respect of any such infringement.
        3. The Client agrees that SOTEP may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which SOTEP has created for the Client.
  • Default and Consequences of Default
        1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SOTEP’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
        2. If the Client owes SOTEP any money the Client shall indemnify SOTEP from and against all costs and disbursements incurred by SOTEP in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SOTEP’s collection agency costs, and bank dishonour fees).
        3. Further to any other rights or remedies SOTEP may have under this Contract, if a Client has made payment to SOTEP, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by SOTEP under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
        4. Without prejudice to SOTEP’s other remedies at law SOTEP shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to SOTEP shall, whether or not due for payment, become immediately payable if:
          1. any money payable to SOTEP becomes overdue, or in SOTEP’s opinion the Client will be unable to make a payment when it falls due; 
          2. the Client has exceeded any applicable credit limit provided by SOTEP;
          3. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
          4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
  • Cancellation
        1. Without prejudice to any other remedies SOTEP may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions SOTEP may suspend or terminate the supply of Goods to the Client. SOTEP will not be liable to the Client for any loss or damage the Client suffers because SOTEP has exercised its rights under this clause.
        2. SOTEP may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice SOTEP shall repay to the Client any money paid by the Client for the Goods. SOTEP shall not be liable for any loss or damage whatsoever arising from such cancellation.
        3. In the event that the Client cancels Delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by SOTEP as a direct result of the cancellation (including, but not limited to, any loss of profits).
        4. Cancellation of regular weekly orders will be subject to three (3) days notice of the Client’s intention to cancel the order/s.
        5. Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
  • Privacy Policy
      1. All emails, documents, images or other recorded information held or used by SOTEP is Personal Information as defined and referred to in clause 20.3 and therefore considered confidential. SOTEP acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 8 of the Act and any statutory requirements where relevant in a European Economic Area “EEA” under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). SOTEP acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by SOTEP that may result in serious harm to the Client, SOTEP will notify the Client in accordance with the Act and/or the GDPR.  Any release of such personal information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
      2. Notwithstanding clause 20.1, privacy limitations will extend to SOTEP in respect of Cookies where the Client utilises SOTEP’s website to make enquiries. SOTEP agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
        1. IP address, browser, email client type and other similar details;
        2. tracking website usage and traffic; and
        3. reports are available to SOTEP when SOTEP sends an email to the Client, so SOTEP may collect and review that information (“collectively Personal Information”)

    If the Client consents to SOTEP’s use of Cookies on SOTEP’s website and later wishes to withdraw that consent, the Client may manage and control SOTEP’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site. 

        1. The Client authorises SOTEP or SOTEP’s agent to:
          1. access, collect, retain and use any information about the Client;
            1. (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or 
            2. for the purpose of marketing products and services to the Client.
          2. disclose information about the Client, whether collected by SOTEP from the Client directly or obtained by SOTEP from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
        2. Where the Client is an individual the authorities under clause 20.3 are authorities or consents for the purposes of the Privacy Act 2020.
        3. The Client shall have the right to request (by e-mail) from SOTEP, a copy of the Personal Information about the Client retained by SOTEP and the right to request that SOTEP correct any incorrect Personal Information.
        4. SOTEP will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law. 
        5. The Client can make a privacy complaint by contacting SOTEP via e-mail. SOTEP will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at http://www.privacy.org.nz/comply/comptop.html.
  • Service of Notices
        1. Any written notice given under this Contract shall be deemed to have been given and received:
          1. by handing the notice to the other party, in person;
          2. by leaving it at the address of the other party as stated in this Contract;
          3. by sending it by registered post to the address of the other party as stated in this Contract;
          4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
          5. if sent by email to the other party’s last known email address.
        2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
  • Trusts
        1. If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not SOTEP may have notice of the Trust, the Client covenants with SOTEP as follows:
          1. the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
          2. the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
          3. the Client will not without consent in writing of SOTEP (SOTEP will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
            1. the removal, replacement or retirement of the Client as trustee of the Trust;
            2. any alteration to or variation of the terms of the Trust;
            3. any advancement or distribution of capital of the Trust; or
            4. any resettlement of the trust property.
  • General
      1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
      2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Tauranga, New Zealand.
      3. Except to the extent permitted by law “CGA”, SOTEP shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by SOTEP of these terms and conditions (alternatively SOTEP’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
      4. SOTEP may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
      5. The Client cannot licence or assign without the written approval of SOTEP.
      6. SOTEP may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of SOTEP’s sub-contractors without the authority of SOTEP.
      7. The Client agrees that SOTEP may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for SOTEP to provide Goods to the Client. 
      8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
      9. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.