TERMS & CONDITIONS
These terms & conditions apply to every supply by Polymer Systems International Ltd (PSI)
Terms and Conditions
Definitions
“Purchaser” refers to any individual, corporation, partnership, or organisation that purchases or requests the supply of goods from PSI Brand, including their respective executors, administrators, and assigns.
“Goods” means all products or services supplied by PSI Brand to the Purchaser as specified in any proposal, order, or invoice, where “Goods” and “Services” may be interchangeable.
“Contract” refers to these Terms and Conditions, including any related quotation, Branding Solution, purchase order, invoice, or supplemental document.
“Seller” refers to Polymer Systems International Ltd, a Company registered in New Zealand with NZBN: 9429035484592 trading as PSI Brand and includes any subsidiary, or joint venture partners of the Seller, its successors, and assigns.
Acceptance of Terms
By placing an order or accepting delivery of the Goods, Purchaser acknowledges and agrees to these Terms, which override any conflicting provisions in Purchaser’s documentation. PSI Brand reserve the rights to amend the terms periodically which will become applicable to any subsequent orders or purchases. Amendments to these Terms must be in writing and signed by both parties.
Delivery and Backorders
Every reasonable effort will be made to deliver Goods to Purchaser’s requested location by the agreed date. In the absence of a specific delivery location, Goods will be shipped to Purchaser’s primary business address.
Delivery Terms: Delivery is typically specified in writing.
Backorders: If any Goods are unavailable at dispatch, they will be placed on backorder and shipped as soon as available. Seller is not liable for delays or non-delivery caused by factors beyond its control.
Graphics or Product Technical Specification
The Seller’s custom graphics and transfer products are designed specifically for application to certain materials to ensure optimal performance and longevity.
Material Compatibility: Our graphics and transfer products are intended for application on plastics. Proper adhesion requires adherence to recommended application procedures, which may include time, temperature, and pressure, which will vary depending on the material the graphic and/or transfer product is being applied to, the graphic type itself and environmental factors. Failure to apply under the conditions outlined by the Seller may affect performance, and Seller bears no liability for improper application.
Permanence: Upon correct application, the graphics become a permanent component of the product or part. As a result, the graphic will adopt similar physical properties, such as potential colour fading. Purchaser accepts these natural changes as inherent to the material’s lifecycle.
Colour and Appearance: Graphics may appear differently in raw material form compared to their appearance after application. Slight colour shifts are a normal aspect of the application process.
Regulatory Compliance and Limitations: Graphics manufactured to meet specific regulatory compliance requirements may have limited colour options and may exhibit reduced lightfastness or weather resistance compared to other products. Purchaser acknowledges that regulatory requirements may impact these attributes, and any related performance changes are not grounds for liability on the part of Seller.
Terms of Purchase and Payment
Quotations: Seller will provide written quotations upon request, specifying pricing based on minimum order quantities. Prices are valid for 30 days from the date of quotation and may change afterward.
Payment Terms: Payment is required in full prior to dispatch unless otherwise approved in writing. For approved accounts, payment terms are as provided by the company or in default of that by the 20th of the month following invoice date. Interest and collection charges and other costs incurred by the Seller may be charged to the Purchaser on any overdue accounts
Late Payments: Late accounts may incur interest charges of 2% per month on the overdue balance. Seller reserves the right to suspend or cancel further shipments until outstanding payments are received.
Credit Limit Review: The provision of any credit to a Purchaser is at PSI Brand’s complete discretion and may be withdrawn at any time without PSI Brand being required to provide an explanation.
Proof Approval Process
A proof approval process must be completed by Purchaser before production of the Goods begins. This process includes verification of all design elements, materials, and regulatory compliance where required.
Digital Proofs: Purchaser will receive a digital proof for review and approval. It is Purchaser’s responsibility to verify details, including dimensions, colours, and specifications.
Colour Variations: Due to potential differences in display and print, colours in digital proofs may vary slightly from the final product. Purchaser accepts minor colour variations as standard.
Final Approval: Production will not commence until Purchaser provides approval. Changes requested after approval may result in additional charges and delay production timelines.
Inspection and Acceptance of Goods
Purchaser must inspect all Goods immediately upon receipt. Any damage, shortages, or non-conformance must be reported within seven (7) days in writing. After this period, Purchaser waives the right to claim deficiencies, and Goods are deemed accepted.
Ownership and Title Retention
Ownership of Goods remains with Seller until full payment is received. If Purchaser defaults, Seller reserves the right to repossess Goods, even if they are on Purchaser’s premises.
Repossession Rights: Seller may enter Purchaser’s premises to inspect or remove unpaid Goods, without further consent or notice. Purchaser agrees that Seller has the authority to dispose of repossessed Goods.
Insurance and Risk: Risk passes to Purchaser upon delivery, and Purchaser is responsible for insuring Goods from that point onward.
Manufacturing Variance
Due to standard manufacturing processes, Seller follows a 5% variance policy, which allows for potential minor shortages or overages in production quantities. By placing an order, Purchaser acknowledges and accepts that actual delivered quantities may vary by up to 5% above or below the ordered amount.
Invoice Adjustment: In cases where the actual quantity delivered differs from the order within this 5% tolerance, Seller will adjust the invoice accordingly. Unit pricing remains consistent regardless of the final quantity, and invoice totals will reflect any minor variations.
Order Planning: Purchaser is advised to account for this potential variance in their order quantities to avoid any operational impact. Seller recommends considering additional buffer stock or alternative arrangements to manage minor shortages should they occur.
Additional Units: When production exceeds the ordered quantity within the allowable variance, Purchaser will be invoiced for the overage. Seller typically produces slightly more than the ordered amount to maintain quality control, ensuring adequate stock for any unexpected needs.
Returns
Returns: No product may be returned without prior written approval and an authorised return number. Goods are returnable if supplied in error or found defective, provided Seller is notified within seven (7) days of the delivery of the Goods. Goods must be returned in their original condition, with freight costs borne by Purchaser unless otherwise agreed.
Limitation of Liability
Seller’s liability for any claim related to the Goods is limited to the specific order for which a claim is being made. The seller shall not be liable for indirect, incidental, or consequential damages arising from any cause or reason including from product use or misuse.
Compliance with U.S. Federal Tax and Import Laws (U.S. Customer Only)
Purchaser is responsible for all import duties, tariffs, and taxes applicable under U.S. federal law upon entry of Goods into the United States. Purchaser agrees to comply with all U.S. federal import regulations, including but not limited to the U.S. Customs and Border Protection (CBP) requirements, and to pay all fees and duties as mandated by U.S. federal law. Seller is not responsible for calculating, collecting, or remitting U.S. sales or use taxes. Purchaser acknowledges that the Goods are sold from New Zealand, with compliance and payment of all applicable taxes the sole responsibility of Purchaser in the U.S.
Consumer Guarantees Act (New Zealand only)
Purchaser acknowledges that Goods supplied under this agreement for business purposes are not covered by the Consumer Guarantees Act (CGA) where applicable. CGA protections do not extend to overseas transactions.
Compliance with Other International Laws
Both parties agree to comply with applicable laws and regulations in the performance of this contract. The purchaser is responsible for securing necessary licenses and paying any associated fees for customs, taxes, or other charges as required by the destination country.