Terms of Trade

INTRODUCTION

By viewing and using the ambrosemarketing.nz website and services you are considered to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions. All goods and services supplied by us to you are supplied on these terms of trade, unless otherwise agreed in writing.

DEFINITIONS

“Us” means Ambrose Marketing and their authorised representatives.
“You” means the customer.
“Goods and Services” means any work, labour, commodities, equipment, materials, supplies or “Packages” of any tangible or intangible nature, provided or performed through agreement between Us and You.
“Packages” means the goods and services outlined.

PRIVACY POLICY AND PERSONAL INFORMATION

Registration and use of the services on our website requires you to provide personal information. We maintain a privacy policy which can be found on here. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: admin@ambrosemarketing.nz

QUOTING AND PRICING

All prices are exclusive of GST. All prices are in NZD. Any goods or services provided that are outside the Packages will be quoted by us in writing to you before the goods and services are provided. We may withdraw a quote for the provision of goods and services at any time before it is accepted by you. The proposal is valid for 28 days.

OBLIGATIONS

We will provide the Packages or goods and services in a timely and efficient manner; and
not be liable for any delay or non-performance in providing the goods or services if the delay or non-performance is attributable, either directly or indirectly, to circumstances beyond our control.
You will pay all amounts due and payable to us. In each and every respect, time shall be of the essence, in the performance of a party’s obligations under these terms of trade.

PAYMENT

Payment must be received within 7 days of any invoice being issued. We may charge you a surcharge for payments made by credit card. All amounts outstanding after the due date will be subject to a late payment interest charge of up to 2% per month, compounding. We may also recover from you all legal and debt collection costs, including legal costs on a solicitor/client basis, incurred by us in enforcing or attempting to enforce our rights under these terms of trade.

OWNERSHIP AND RISK

Where we supply any goods to you, ownership does not pass to you until you have discharged all outstanding indebtedness, whether in respect of the goods or otherwise, to us. Until we have received full payment, we may register a financing statement pursuant to the provisions of the Personal Property Securities Act 1999 to secure payment in relation to the goods.

We will take reasonable precautions to preserve the goods pending delivery to you. Notwithstanding this, the risk in the goods passes to you from the time the goods leave our premises. In relation to work that we perform for you, you will acquire ownership of the product of that work in its tangible form including any correspondence, reports, and other documents prepared for your use. You are entitled to receive any such papers provided you have discharged all outstanding indebtedness to us. We retain ownership of our working papers and the copyright and all other intellectual property rights in the work that we do for you. We are entitled to use, analyze, share and develop the knowledge, experience, and skills of general application gained through working with you.

WARRANTIES AND TOTAL EXCLUSION OF LIABILITY

Except as required by law, we give no express warranty in relation to any goods or services supplied to you. You acknowledge that you have not relied on any representation or warranty made on behalf of us. Certain legislation may imply conditions and warranties into these terms of trade. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. You acknowledge that if you acquire the goods and services for a business purpose, then the statutory guarantees and implied terms, covenants, and conditions contained in the Consumer Guarantees Act 1993 are excluded.

Notwithstanding any other clause in these terms of trade, under no circumstances shall we be responsible to you for any injurious actor or default of us, nor, in any event, shall we be held responsible for any loss, injury, or damage suffered by you.

TERMINATION

You may give notice to us at any time that you no longer wish to receive goods and/or services from us. Without prejudice to any of our other remedies, if any account payable by you to us is overdue or you become insolvent, commit an act of bankruptcy, enter into or are likely to enter into any arrangement with your creditors or in the case of a Contractor does any act that would render it liable to be liquidated, or if a resolution is passed or proceedings commenced for the liquidation or voluntary administration of you or if a receiver is appointed in respect of all or part of your assets, then we may cancel any outstanding order or arrangement with you; and any moneys payable by you to us whether due for payment or not will become immediately due and payable.

We reserve the right to cancel arrangements with you for any reason:
Any time before work or services have commenced; OR
If more than 6 months have passed and the work program has not been finalized; OR
If, in the reasonable opinion of Us, you have Abandoned our services or arrangements; OR
If it is in the business interests of Us to restructure our services, platform, or website.
Any cancellation under clause 10.4 is without prejudice to any other remedies we may have and any moneys payable by you to us whether due for payment of not will become immediately due and payable.

NOTICES

All notices or other communications to be given under these terms of trade will be given at the recipient’s last known place of address.

LINKING

The contents of our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.

ADVERTISING

Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.

EXCLUSION OF LIABILITY

To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our website and any services we provide, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).  If you are a consumer using our website for non-business activities then nothing in these terms and conditions is intended to abrogate any rights you might have under the Consumer Guarantees Act 1993 (if any).

INDEMNITY

You will take all necessary action to defend and indemnify us and our directors, employees, contractors and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.

INFORMATION AND MATERIAL

The content on this site is provided for general information only. You should obtain profession or specialist advice before taking or refraining from any action on the basis of any information on this site.

ENTIRE AGREEMENT

These terms and conditions in conjunction with our privacy policy form the entire agreement between us and you relating to our website and your use of the services.

GENERAL PROVISIONS

If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition.

Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to be modified by a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the [non-]exclusive jurisdiction of the Courts of New Zealand.

No Waiver: No waiver of any breach of, or failure to enforce, any provision of these terms of trade at any time by any party in any way affects, limits, or waives the right of such party thereafter to enforce compliance with these terms of trade.