Terms and Conditions

Paying for your order, and our no-returns policy

Prior to producing your order we require both:

  • Payment by bank transfer. Your order confirmation email contains payment instructions.
  • Your approval of design - see below.

Since all of our pens and promotional products are branded we cannot accept order cancellations or returns.

Approving your design

To ensure you are going to be happy with your order we send you a PDF artwork proof with your branding shown exactly as it will appear on your chosen pen or other promotional product.

Artwork proof

If you wish to see this artwork proof prior to confirming your order please just pay $40 towards your order by following the payment instructions on your quotation. We need your approval confirmation of this artwork proof AND full payment of the quotation prior to producing your order.

Product Colours

The product colours illustrated on our wesbite and promotional material are matched as closely as printing will allow. Actual product colours may vary and they can also vary from shipment to shipment and this is beyond our control.  Always ask to see a sample to verify the product colour is suitable for your requirements as we do not accept returns due to minor colour variations.

Product Suitability

Please ask to see an actual sample of the product you wish to order to ascertain its suitability for your requirements. We do not accept returns of products deemed not to be suitable for the desired purpose for any reason after they are decorated.

PMS Colours

The Pantone Matching System (PMS) was designed for mixing and controlling colours within the offset printing industry and colour fidelity of thus system is achieved using offset printing inks printed on coated and matt white paper stock.

All other printing purposes including digital printing have adopted the PMS system as a colour reference guide for colour matching. It is important to remember that the inks used in such processes cannot be mixed according to the PMS recipes so PMS matches on promotional can vary from almost perfect in some processes to only approximate in others. The colour of the product chosen is also a big factor in our ability to match PMS colours. Please do not hesitate to ask for more information about PMS colours if you have any concern as to whether the printing process can deliver the level of accuracy you require on products you order.

For pad and screen printing, close PMS colours are best achieved on white products. Reasonably close matches can also be achieved on frosted clear and silver surfaces but as the colour of the product gets darker the ability to match PMS colours diminishes.

Full colour digital printing processes can only achieve approximate PMS colour matches at best. It is very important to be aware of this limitation as it is unavoidable and we do not accept returns based on digitally generated colours not matching PMS colours.

Artwork Proof Alterations

If an artwork proof is returned to us with alterations an amended artwork proof file will have to be issued.
A minimum fee of NZ$20+GST  is payable for the additional work.

Artwork

It is your responsibility to ensure you have approval from the owner of the artwork to use it.

Delivery Times

Delivery times vary with each pen. Details for each are shown on the product details page.

Damaged, Lost or Late Deliveries

We accept no liability for any loss sustained through late delivery from any cause whatsoever including negligence. We do not accept any liability whatsoever in respect of goods damaged, lost or delayed while in transit by carrier. Your goods are carried under the terms and conditions of the carrier and any claims for delay, damage or loss in transit must be made against the carrier. Please notify us of any claims for lost, late or damaged goods. We will take reasonable steps to assist you to resolve the issue with the carrier. If you wish to contact the carrier directly please advise us and we will furnish you with appropriate contact details.

Privacy Guarantee

We occasionally send emails to our customers to notify them of special promotions or new products in which we think they might be interested. If, for any reason, you wish us to stop sending these notifications, simply email us and we will promptly remove your name from the list. We never share our customer data with any outside organisations, other than third party services providers (e.g. hosting and email) where it is necessary in order to deliver our own services.

Quantities

We endeavour at all times to deliver the quantity ordered. However, we reserve the right to ship and charge 10% under or over the requested quantity. Refunds or additional charges are issued accordingly.

Product Dimension

We accept no liability for the dimensions of products supplied being different from those quoted or ordered. Product dimensions are constantly changing and we accept no liability for product dimension, or any other product specifications displayed in quotations, website, or any other marketing material. We recommend that you purchase sample product to ensure that product dimensions and colours and any other specifications meet your requirements.  Products named and/or categorized as A4, A5, A6, etc are often approximations only, and we accept no liability whatsoever for deviations of products from standard dimensions such as these or any other.

Faulty Product

Claims for faulty goods must be made in writing on our claim form within 10 days of the invoice date. Faulty goods will be replaced free of charge. Credits or refunds in respect of faulty goods will only be issued at our discretion. Many of our products are low cost advertising items and may in some cases have minor imperfections that do not impair the function of the product. Such imperfections must be accepted when purchasing low cost items and shall not be considered faulty product.

Goods are accepted for return at the sole disretion of the Seller. Goods or the product of services returned without an authorisation number from the Seller, and a valid reason, will be returned to the Buyer at the cost of the Buyer. Freight charges for Goods, or the product of Services, returned are to be borne by the Buyer unless so authorized prior to return.

International Shipping

Please contact us directly regarding all export orders.

Order Cancellation

Acceptance of order cancellations is totally at our discretion. An order may not be cancelled, or changed, except upon terms that will compensate us for all costs incurred (including any product specifically purchased for the order) and will otherwise protect against loss including loss of profit. A minimum 15% fee is payable for changed orders. A minimum 15% handling fee is deducted from all refunds for cancelled orders.

Payment

Payment is due in full (without set-off, deduction or counter claim) on the 20th day of the month following the date of invoice. In the event that we do not receive payment in full on the due date all costs of the collection process will be payable by the Customer. We reserve the right to charge interest at 5% per annum above Westpac’s base rate for commercial lending on overdue accounts from the due date until the date of payment. In the event of Court proceedings being issued for non-payment, all costs, including our legal fees, will be payable by the Customer. We reserve the right to issue legal proceedings in any Court.

The Small Print

[A] Interpretation

In these Terms and Conditions, unless the context otherwise requires:

  1. The “Buyer” and "you" means the party purchasing Goods or Services from the Seller.
  2. The “Seller” and "us"means Aimdata Marketing Ltd.
  3. The “Goods” means the goods supplied by the Seller to the Buyer as set out in an Order.
  4. The “Services” means all services provided by the Seller to the Buyer as set out in an Order, including but not limited to embroidery, printing, label changing, packing and transport services.
  5. “Order” means an order placed by the Buyer to the Seller for the supply of Goods or Services by the Seller to the Buyer.
  6. The “Contract” means the Contract for the supply of an Order pursuant to these Conditions such that each Order shall form the subject matter of a separate and distinct Contract.
  7. The “Conditions” means these Terms and Conditions of Sale.

The heading to these Conditions have been inserted for information purposes only and must not be taken into account in interpreting these Conditions.

[C] Terms

  1. Where credit facilities have been granted by the Seller to the Buyer, the Goods and Services shall be paid for by the Buyer in accordance with the credit terms specified on the Credit Application Approval Letter sent to the Buyer by the Seller on approval of the credit application.
  2. The Seller reserves the right at any time in its sole discretion to revise the price of any of its Goods or Services from time to time. Any such price change will apply to any Orders placed and accepted after such price change.
  3. Any leniency, indulgence or extension of time which may be granted by the Seller to the Buyer shall not prejudice any of the Seller’s rights in any way, nor shall s ame constitute a variation of these Conditions or waiver of any of the Seller’s rights
  4. Credit facilities may be withdrawn at any time on 7 days written notice from the Seller to the Buyer, in any of the following circumstance and the Buyer hereby consents to the fairness of such termination:
    1. The Buyer fails to pay any of the Seller’s invoices by the due date or is in breach of any other of these Conditions.
    2. The Seller forms a view, acting reasonably, and based on information obtained by the Supplier or supplied by the Buyer or any credit agency or credit provider that the Buyer is of insufficient credit worthiness to pay for the Goods or Services.
  5. The Buyer shall not be entitled to withhold payment of the tax invoice amount or make any deduction from the tax invoice amount in respect of any set-off or counterclaim without the Seller’s written consent.

[D] Payment by Cheque

  1. Where the Goods or Services are paid for by cheque, property in the Goods or the product of the Services shall not pass until such time as the cheque has been honoured by the Buyer’s bank or other financial institution.
  2. The Buyer will reimburse the Seller for any costs it incurs in relation to dishonoured and “present again” cheques.

[L] Exclusion and Limitation of Liability

  1. To the extent permitted by law and subject to condition [3L], below, the Seller excludes all conditions and warranties implied by statute general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void (non-excludable condition).
  2. Except to the extent prohibited by law, the Seller excludes its liability for any indirect or consequential loss or damage suffered by the Buyer arising in any way out of any breach of these Conditions or in connection with the supply of any Services, defective Goods, delivery or use of any Goods or Services or any error or omission in the supply of any Goods or Services by the Seller or any negligent act or omission of the Seller, including but not limited to lost profits, opportunity, goodwill or reputation and damage sustained or incurred as a result of a claim by any third person.
  3. [3L] The Buyer may have the benefit of conditions and warranties implied by The New Zealand Consumer Law and nothing in these Conditions is intended to exclude, restrict or modify any statutory obligation the Seller has if that cannot lawfully be effected. References to specific provisions of and circumstances arising under the Act are intended to include reference to equivalent or similar provisions of and circumstances arising under any State or Territory enactment.
  4. Should the Seller be liable for breach of a condition or warranty implied by the law, the Seller’s liability for the breach will, subject to be limited to one of the following as determined by the Seller:
    1. In the case of Goods:
      i. the replacement or repair of the Goods or the supply of equivalent Goods; or
      ii. the payment of the cost of replacing or repairing the Goods or of acquiring equivalent Goods;
    2. In the case of Services:
      i. the supplying of the Services again; or
      ii. the payment of the cost of having the Services supplied again.

[M] Passing of Property and Risk & Default

  1. While risk in the Goods shall pass on despatch, ownership of the Goods shall remain with the Seller until it has received full payment for those Goods and any previously despatched Goods. Pending such payment:
    1. The Buyer shall hold the Goods as bailee and fiduciary for the Seller and shall return the Goods to the Seller if so requested.
    2. The Buyer shall store the Goods in such a way that it is clear that they remain the property of the Seller
  2. Should the Goods be disposed of by the Buyer prior to full payment, any monies or consideration received by the Buyer in payment of same shall be held by the Buyer in a separate account in trust for the Seller
  3. In the event of the Buyer re-selling or otherwise disposing of the Goods or any part thereof before the property herein has passed to the Buyer, then the Buyer will, until payment is made in full to the Seller for the Goods and all other amounts owing under this Contract by the Buyer to the Seller, hold in trust for the Seller all his rights under any such contract of resale or any other contract in pursuance of which the Goods or any part thereof are disposed of, or any contract by which property comprising the said Goods or any part thereof is or is to be disposed of, and any monies or other consideration received by him thereunder and the Seller shall be entitled at any time to take appropriate action, including the commencement of legal proceedings in the name of the Buyer for the recovery of any amounts payable to the Buyer under any such contract of re-sale, such other contract or such contracts and the Buyer shall provide all reasonable assistance to the Seller in the conduct of any such legal proceedings.
  4. The Buyer agrees to keep the Goods free from any liens or encumbrances.
  5. Should the Buyer fail to make due payment for the Goods or Services, or by an act or omission any step is taken towards the appointment of a provisional liquidator, liquidator. receiver, administrator and/or official manager or any other external administrator or trustee, or the entry into possession of any of the Buyer’s assets or business by a mortgagee, or become insolvent or bankrupt or commit an act of bankruptcy, the Seller may, without prejudice to any other rights it may have and at its option, do any or all of the following:
    a. Withhold any further deliveries of Goods whether in transit or not and the supply of any Services.
    b. Where the Goods have been delivered, the Seller shall be entitled, and the Buyer hereby grants to the Seller, its officers, servants or agents, full and irrevocable license to enter (using reasonable force if necessary) the Buyer’s premises (or other premises to which the Buyer has access and where any of the goods are stored) to search for and retake possession of Goods in which title remains with the Seller, and then to resell them for its own benefit. All Goods so obtained must comply with and in a condition as described in conditions J.1.a. and J.1.b. of these Conditions. The Seller shall not be responsible for any damage whatsoever and the Buyer indemnifies the Seller in respect thereof and in respect of any losses suffered by the Seller arising form any change in the condition of the Goods.
    c. Suspend and/or terminate performance without penalty of any other Contract which the Seller has with the Buyer.
    d. Require the Buyer to pay immediately all outstanding monies due to the Seller.
    e. Refuse to accept any more Orders or provide any further credit facilities.
  6. In the event of a breach of these Conditions by the Buyer, the Buyer shall be responsible for all legal fees, collection costs involved with the reclaiming of the Goods, and all other fees associated with the enforcement of these Conditions. Furthermore the Seller is entitled to charge interest on the tax invoice amount from the day payment became due until payment is received at a rate amounting to 5% higher than the rate set from time to time pursuant to the Penalty Interest Rates of CCCF Act.
  7. The Buyer acknowledges that this Condition M constitutes a Security Agreement in favour of the Seller in all Goods supplied by the Seller to the Buyer and which have not become the property of the Buyer absolutely. The Buyer acknowledges and agrees that, with respect to such Goods:
    a. the Seller may, without notice to the Buyer, seek registration of its Security Interest pursuant to the PPSA as a Purchase Money Security Interest;
    b. pursuant to the PPSA, the Buyer agrees that the Seller is not required to disclose to an interested person information regarding the Seller’s Security Interest unless required to do so pursuant to the PPSA or at law;
    c. the Buyer will, upon the request of the Seller, promptly sign any documents, provide any further information and do anything else reasonably required by the Seller to enable perfection of the Seller’s Security Interest or registration of a Financing Statement or Financing Change Statement under the PPSA;
    d. the Buyer will not register a Financing Statement or Financing Change Statement or make a demand to alter the Financing Statement pursuant to the PPSA in respect of the Goods without the prior written consent of the Seller;
    e. the Buyer will not grant any other Security Interest or any lien over Goods;
    f. the Buyer will give the Seller not less than 14 days written notice of any proposed change in their name or contact details; and
    g. placement of a purchase order by the Buyer shall constitute acceptance of this condition L for the purposes of the PPSA.
  8. Capitalised terms used in condition M.7. have the meanings given to those terms in the Personal Property Securities Act 1999 (PPSA).
  9. The Buyer waives its rights to receive any notices required under the PPSA.

[N] Force Majeure

The Seller shall not be liable for any failure or delay to supply any Goods or Services due to any cause or circumstances outside the Seller’s reasonable control, including but not limited to acts of omissions of the Buyer, breakdown of machinery, shortage of labour, strikes, lockouts, industrial disputes, fire or arson, storm or tempest, theft, vandalism, riot, civil commotion, wars, government restrictions, intervention and/or control, transport delays or accidents of any kind.

[Q] Jurisdiction

These Conditions will be governed and construed in accordance with the New Zealand laws and the parties irrevocably submit to the exclusive jurisdiction of the courts of or in that State and courts of appeal from such courts.