TERMS & CONDITIONS
1.1 “Black Hairdressing” shall mean Black Hairdressing Limited trading as Black Hairdressing its successors and assigns or any person acting on behalf of and with
the authority of Black Hairdressing Limited trading as Black Hairdressing.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the
authority of the Client) as described on any quotation, work authorisation or
other form as provided by Black Hairdressing to the Client.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable
for the debts of the Client on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by Black Hairdressing to the Client
(and where the context so permits shall include any supply of Services as
hereinafter defined) and includes Goods described on any invoices,
quotation, work authorisation or any other forms as provided by Black Hairdressing to the Client.
1.5 “Services” shall mean all services supplied by Black Hairdressing to the
Client and includes any advice or recommendations (and where the context
so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the price payable for the Goods as agreed between
Black Hairdressing and the Client in accordance with clause 3 of this
2.1 Any instructions received by Black Hairdressing from the Client for the
supply of Goods or services and/or the Client’s acceptance of Goods or
services supplied by Black Hairdressing shall constitute acceptance of the
terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall
be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and
conditions are binding and can only be amended with the written consent of
2.3 The Client shall give Black Hairdressing not less than fourteen (14) days
prior written notice of any proposed change of ownership of the Client or any
change in the Client’s name and/or any other change in the Client’s details
(including but not limited to, changes in the Client’s address, facsimile
number, or business practice). The Client shall be liable for any loss incurred
by Black Hairdressing as a result of the Client’s failure to comply with this
2.4 The Client shall as soon as practicable make available to Black Hairdressing all information, documents, software, hardware, and other particulars
required by Black Hairdressing for the provision of the Services.
Price And Payment
3.1 At Black Hairdressing’s sole discretion the Price shall be either:
a) as indicated on invoices provided by Black Hairdressing to the Client in
respect of Goods or Services supplied; or
b) Black Hairdressing’s quoted Price (subject to clause 0) which shall be
binding upon Black Hairdressing provided that the Client shall accept
Black Hairdressing’s quotation in writing within thirty (30) days.
3.2 Black Hairdressing reserves the right to change the Price in the event of a
variation to Black Hairdressing’s quotation.
3.3 At Black Hairdressing’s sole discretion a deposit may be required.
3.4 At Black Hairdressing’s sole discretion payment for approved Clients shall
be made by instalments in accordance with Black Hairdressing’s payment
3.5 Time for payment for the Goods shall be of the essence and will be stated on
the invoice or any other forms. If no time is stated then payment shall be 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.
3.7 Payment will be made by cash, or by cheque, or by bank cheque, or by credit
card, or by direct credit, or by any other method as agreed to between the
Client and Black Hairdressing.
3.8 GST and other taxes and duties that may be applicable shall be added to the
Price except when they are expressly included in the Price.
4.1 If Black Hairdressing retains ownership of the Goods nonetheless, all risk
for the Goods passes to the Client on delivery.\
4.2 Black Hairdressing shall not be held liable for any loss, corruption, or
deletion of files or data (including, but not limited to, software programmes)
resulting from the Services provided by Black Hairdressing. It is the sole
responsibility of the Client to back-up any data which they believe to be
important, valuable or irreplaceable prior to the commencement of the
Services. The Client accepts full responsibility for the Client’s software and
data and Black Hairdressing is not required to advise or remind the Client
of appropriate backup and other procedures.
5.1 Black Hairdressing and Client agree that ownership of the Goods shall not
a) the Client has paid Black Hairdressing all amounts owing for the
particular Goods; and
b) the Client has met all other obligations due by the Client to Black Hairdressing in respect of all contracts between Black Hairdressing and the Client.
5.2 Receipt by Black Hairdressing 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 and until then Black Hairdressing’s ownership or
rights in respect of the Goods shall continue.
6.1 The Client hereby disclaims any right to rescind, or cancel any contract with
Black Hairdressing or to sue for damages or to claim restitution arising out
of any misrepresentation made to the Client by Black Hairdressing and the
Client acknowledges that the Goods are bought relying solely upon the
Client’s skill and judgement.
Consumer Guarantees Act 1993
7.1 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 do not apply to the supply of Goods by Black Hairdressing to the
8.1 Copyright in all designs, reports, specifications, documents, and other
materials provided to the Client by Black Hairdressing shall remain vested
in Black Hairdressing, and shall only be used by the Client at Black Hairdressing’s discretion.
8.2 The Client warrants that all designs, materials, or instructions to Black Hairdressing will not cause Black Hairdressing to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Black Hairdressing against any action taken by a third party against Black Hairdressing in respect of any such infringement.
8.3 If during the course of providing the Services, Black Hairdressing develops,
discovers, or first reduces to practice a concept, product or process which is
capable of being patented, then such concept, product or process shall be
and remain the property of Black Hairdressing and the Client shall not use,
infringe or otherwise appropriate the same without first obtaining the written
consent of Black Hairdressing.
Default & Consequences Of Default
9.1 Interest on overdue invoices shall accrue from the date when payment
becomes due daily until the date of payment at a rate of 2.5% per calendar
month and such interest shall compound monthly at such a rate after as well
as before any judgment.
9.2 If the Client defaults in payment of any invoice when due, the Client shall
indemnify Black Hairdressing from and against all costs and disbursements
incurred by Black Hairdressing in pursuing the debt including legal costs on
a solicitor and own client basis and Black Hairdressing’s collection agency
9.3 Without prejudice to any other remedies Black Hairdressing may have, if at
any time the Client is in breach of any obligation (including those relating to
payment), Black Hairdressing may suspend or terminate the supply of
Goods to the Client and any of its other obligations under the terms and
conditions. Black Hairdressing will not be liable to the Client for any loss or
damage the Client suffers because Black Hairdressing has exercised its
rights under this clause.
9.4 If any account remains overdue after thirty (30) days then an amount of the
greater of $20.00 or 5.00% of the amount overdue (up to a maximum of $100)
shall be levied for administration fees which sum shall become immediately
due and payable.
9.5 Without prejudice to Black Hairdressing’s other remedies at law Black Hairdressing shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Black Hairdressing shall, whether or not due for payment, become immediately payable in the event that:
a) any money payable to Black Hairdressing becomes overdue, or in Black Hairdressing’s opinion the Client will be unable to meet its payments as they fall due; or
b) 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
c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Security And Charge
10.1 Despite anything to the contrary contained herein or any other rights which
Black Hairdressing may have howsoever:
a) where the Client and/or the Guarantor (if any) is the owner of land, realty
or any other asset capable of being charged, both the Client and/or the
Guarantor agree to mortgage and/or charge all of their joint and/or several
interest in the said land, realty or any other asset to Black Hairdressing
or Black Hairdressing’s nominee to secure all amounts and other
monetary obligations payable under these terms and conditions. The
Client and/or the Guarantor acknowledge and agree that Black Hairdressing (or Black Hairdressing’s nominee) shall be entitled to lodge where
appropriate a caveat, which caveat shall be withdrawn once all payments
and other monetary obligations payable hereunder have been met;
b) should Black Hairdressing elect to proceed in any manner in
accordance with this clause and/or its sub-clauses, the Client and/or
Guarantor shall indemnify Black Hairdressing from and against all
Black Hairdressing’s costs and disbursements including legal costs on
a solicitor and own client basis;
c) the Client and/or the Guarantor (if any) agree to irrevocably nominate
constitute and appoint Black Hairdressing or Black Hairdressing’s
nominee as the Client’s and/or Guarantor’s true and lawful attorney to
perform all necessary acts to give effect to the provisions of this clause 0.
11.1 Black Hairdressing may cancel any contract to which these terms and
conditions apply or cancel delivery of Goods or Services at any time before
the Goods are delivered by giving written notice to the Client. On giving such
notice Black Hairdressing shall repay to the Client any sums paid in respect
of the Price. Black Hairdressing shall not be liable for any loss or damage
whatever arising from such cancellation.
11.2 In the event that the Client cancels delivery of Goods or Services the Client
shall be liable for any loss incurred by Black Hairdressing (including, but
not limited to, any loss of profits) up to the time of cancellation.
Privacy Act 1993
12.1 The Client and the Guarantor/s (if separate to the Client) authorises Black Hairdressing to:
a) collect, retain and use any information about the Client, for the purpose of
assessing the Client’s creditworthiness or marketing products and
services to the Client; and
b) disclose information about the Client, whether collected by Black Hairdressing from the Client directly or obtained by Black Hairdressing
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.
12.2 Where the Client and/or Guarantors are an individual the authorities under
clause 17.1 are authorities or consents for the purposes of the Privacy Act
12.3 The Client and/or Guarantors shall have the right to request Black Hairdressing for a copy of the information about the Client and/or Guarantors retained
by Black Hairdressing and the right to request Black Hairdressing to
correct any incorrect information about the Client and/or Guarantors held by
13.1 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.
13.2 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 New Zealand.
13.3 Black Hairdressing shall be under no liability whatever to the Client for any
indirect loss and/or expense (including loss of profit) suffered by the Client
arising out of a breach by Black Hairdressing of these terms and
13.4 In the event of any breach of this contract by Black Hairdressing the
remedies of the Client shall be limited to damages which under no
circumstances shall exceed the Price of the Goods.
13.5 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 Black Hairdressing.
13.6 Black Hairdressing may license or sub-contract all or any part of its rights
and obligations without the Client’s consent.
13.7 Black Hairdressing reserves the right to review these terms and conditions
at any time. If, following any such review, there is to be any change to these
terms and conditions, then that change will take effect from the date on which
Black Hairdressing notifies the Client of such change.
13.8 The provisions of the Contractual Remedies Act 1979 shall apply to this
contract as if section 15(d) were omitted from the Contractual Remedies Act
13.9 Neither party shall be liable for any default due to any act of God, war,
terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other
event beyond the reasonable control of either party.
13.10 The failure by Black Hairdressing to enforce any provision of these terms
and conditions shall not be treated as a waiver of that provision, nor shall it
affect Black Hairdressing’s right to subsequently enforce that provision.