Terms & Conditions

 
BLUE STAR DIRECT
A division of Blue Star Group (New Zealand) Limited
TERMS AND CONDITIONS OF TRADE
 
QUOTATIONS

1. A Quotation is only valid at the time of ordering.
2. A Quotation does not give rise to a binding contract until the Customer places an Order.
3. If the artwork file uploaded by the Customer requires additional work to make it suitable for printing, the Customer shall be required to pay for any additional costs.

CANCELLATION AND SUSPENSION

4. The Customer is bound to pay the Price from the time that an Order is placed with Blue Star Direct. 
5. No Order may be cancelled, amended (including alterations of specifications, volume or delivery), or suspended without the prior approval of Blue Star Direct and then only upon such terms as Blue Star Direct may specify.

PRICE

6. All prices are in New Zealand Dollars. 
7. The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable.
8. The Price shall be increased by the amount of freight costs which may be applicable.
9. The Price shall be increased by the amount of any costs incurred by Blue Star Direct in relation to the method of payment used by the Customer, including but not limited to, credit card payments.

PAYMENT

10. The Customer shall make immediate payment at the time of placing the order, otherwise the order will not be processed. 
11. Any additional costs payable by the Customer pursuant to these terms shall be paid by the Customer within 5 business days of being advised of such costs. 
12. If the Customer does not make payment of any amount by the due date, Blue Star Direct may (at its sole discretion) charge default interest at a rate of 2% per month calculated on a daily basis on the unpaid amount from the due date for payment until payment in full is made and may cancel any orders in existence and recover from the Customer all costs incurred as the result of the default.  For the avoidance of doubt, such default interest rate will apply both before and after any judgment in relation to the relevant debt.

DELIVERY

13. Delivery is to be made at the place specified by the Customer at the time of order.
14. Any time stated for delivery is an estimate only. Blue Star Direct is not liable for any delay in delivery.
15. If the Customer refuses to accept delivery of any of the Goods, Blue Star Direct may charge the Customer for any additional costs incurred as a result, including storage and transportation costs.
13. No Claim for a discrepancy in Orders delivered to the Customer shall be admitted unless it is made in writing to Blue Star Direct within 48 hours of delivery.

VARIATIONS

17. There is no guarantee that production prints exactly match specifications provided. However, Blue Star Direct will use all reasonable endeavours to provide a commercially acceptable finished product.
18. Blue Star Direct will not be liable in anyway whatsoever (including negligence) for errors or omissions or misinterpretation of a Customer's specifications.

RISK 

19.    Risk of any loss, damage or deterioration of the Goods passes to the Customer on delivery.

GUARANTEES/WARRANTIES

20.All representations, warranties and conditions which would or might otherwise be implied in this contract are excluded and negated to the fullest extent permitted by law.  Specifically, the Customer agrees that all warranties, conditions and other terms implied by the Consumer Guarantees Act 1993 ("CGA") or sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 ("FTA") or any other statute or common law are excluded from this contract to the fullest extent permitted by law.  The parties acknowledge and agree that:

(i) the Customer is acquiring the Goods for the purposes of a business in terms of sections 2 and 43(2) of the CGA; and
(ii) the Goods are both supplied and acquired in trade for the purposes of the FTA and the parties agree to contract out of sections 9, 12A, 13 and 14(1) of the FTA.

21. Where the Customer supplies the Goods in trade to a person acquiring them for business purposes, it must be a term of the Customer’s contract with that person that the CGA does not apply in respect of the Goods to the fullest extent permitted by law.
22. The following terms apply wherever the CGA does not apply, or where the following terms are not inconsistent with the CGA:

(a) Defective Goods shall, at the discretion of Blue Star Direct, be replaced or the Price refunded.
(b) All Claims relating to defects must be made in writing to Blue Star Direct within 14 days of delivery.
(c) Blue Star Direct accepts no liability for any Claim by the Customer or any other person, including without limitation, any Claim relating to or arising from any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, merchantability or otherwise whether expressed or implied by law, trade custom or otherwise; or any representations, warranties, conditions or agreement made by any agent or representative, which are not expressly confirmed by Blue Star Direct in writing.

23. Nothing in these terms is intended to have the effect of contracting out of the provisions of the CGA or FTA except to the extent permitted by those Acts, and these terms are to be modified to the extent necessary to give effect to that intention.

USE OF INFORMATION

24. The Customer agrees that Blue Star Direct may obtain information about the Customer from the Customer or any other person (including any credit or debt collection agencies) in the course of Blue Star Direct business, including for credit assessment, debt collecting and direct marketing activities.
25. The Customer agrees that Blue Star Direct may use any information it has about the Customer relating to the Customers credit worthiness and give that information to any other person, including credit or debt collection agencies.
26. If the Customer is an individual (ie. a natural person) the Customer has rights under the Privacy Act 1993 to access and request the correction of any personal information which Blue Star Direct holds about the Customer.

ELECTRONIC IMAGES AND/OR FILES

27. The Customer must retain a copy of any image or file it supplies to Blue Star Direct. 
28. Blue Star Direct is not responsible for any damage to or loss of any image or file provided by the Customer.
29. Unless otherwise agreed the Customer will have no right or title to material stored by Blue Star Direct in any electronic form of storage.
30. If Blue Star Direct agrees to duplicate or transfer stored electronic material to the Customer Blue Star Direct will have the right to charge for such service.

CLAIMS FOR DAMAGED OR DEFECTIVE GOODS

31. To the extent permitted by law, if Goods or services supplied by Blue Star Direct are damaged or defective, then Blue Star Direct may (at its sole discretion) repair, replace or resupply the Goods or remedy the defect in the service provided that:

(a) all Claims are reported by the Customer to Blue Star Direct in writing within 48 hours from the date of delivery of the Goods or supply of the services to the Customer, and 
(b) all Claims are fully documented giving sufficient details of the supply and the alleged damage or defect.

LIMITATION OF LIABILITY

32. To the extent permitted by law, Blue Star Direct's liability in any case of any defect or fault, shall be limited to the remedy or repair, replacement or resupply of the products and/or services in respect of which such liability arises, whichever is the lesser and Blue Star Direct shall have no further liability or responsibility for any direct, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising from the supply of the products, services and advice purported to be given by or on behalf of Blue Star Direct.

FORCE MAJEURE

33. Blue Star Direct will not be liable for any failure to fulfil its obligations under these terms and conditions if that failure is due to any cause beyond Blue Star Direct control.

INTELLECTUAL PROPERTY INFRINGEMENT

34. The Customer warrants that the use by Blue Star Direct of any designs, or instructions supplied by the Customer will not infringe any intellectual property of any other person and the Customer indemnifies Blue Star Direct against any Claim relating to or arising from the infringement of any intellectual property of any other person.

ILLEGAL MATTER

35. Blue Star Direct is not obliged to print any illegal or libellous matter and the Customer agrees to indemnify Blue Star Direct against any Claim relating to or arising from the printing of such matter.

OTHER AGREEMENTS

36. If there is any inconsistency between these terms and any Order submitted by the Customer (whether in writing, verbally or by electronic data interchange) or any other arrangement between the parties, these terms prevail unless otherwise agreed in writing by the parties.

WAIVER

37. If Blue Star Direct exercises or fails to exercise any right or remedy available to it, this shall not prejudice the rights of Blue Star Direct in exercising that or any other right or remedy.
38. Waiver of any term of this contract must be specified in writing and signed by an authorised officer of Blue Star Direct.

VARIATION OF TERMS

39. Blue Star Direct may amend or vary these Terms at any time and such amendments or variations will be effective from the date on which notice of these changes is given to the Customer by Blue Star Direct (including notice on any Quotation or invoice and notice by reference to the current terms on Blue Star Direct’s website)

WORDS USED IN THIS CONTRACT

“Claim” includes any claim for loss of profits or any consequential, indirect or special loss, damage or injury of any kind suffered by any person arising directly or indirectly from any breach of cancellation of any contract or any negligence, misrepresentation or other act or omission by Blue Star Direct, its employees, agents or contractors.

"Customer" means the customer identified in the Quotation.

"Goods" means any goods, products or services supplied by Blue Star Direct to the Customer under these terms.

"Order" means an order placed on the Blue Star Direct website.

“Price” means the price for Goods as stated in the Quotation or as otherwise notified in writing by Blue Star Direct to the Customer.

“Quotation” means a quotation provided by the Blue Star Direct website.

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