Acount Terms & Conditions

This Credit Account is provided by Astro Hospitality Ltd upon the following terms and conditions and reserves Astro Hospitality Ltd the right to reject any other conditional terms placed by the Purchaser.

1. A contract is established between Astro Hospitality Ltd and the Purchaser when Astro Hospitality Ltd receives an order to supply goods and/or services and either issues a written acknowledgement to the Purchaser or despatches goods and/or provides services pursuant to that order.
2. Astro Hospitality Ltd reserves the right to reject any such order at its sole discretion.
3. Astro Hospitality Ltd reserves the right to cancel any such order should the Purchaser be in any breach of these conditions with respect to any such prior or subsequent order, and the Purchaser shall indemnify Astro Hospitality Ltd against any loss or damages caused by such cancellation.
4. In the absence of a written order for the supply of goods and/or services, the Purchaser agrees that the invoice issued by Astro Hospitality Ltd accurately replicates and represents the order as placed by the Purchaser.
5. The price and the terms of trade are such as quoted by Astro Hospitality Ltd, or as otherwise agreed to by Astro Hospitality Ltd. All prices quoted are GST exclusive, and are subject to GST where applicable and prices are subject to change without notice.
6. Despatch dates will be observed subject to Astro Hospitality Ltd ability to prepare such goods and/or services and effect delivery by available means. Choice of carrier will be at Astro Hospitality Ltd absolute discretion, unless otherwise agreed to by Astro Hospitality Ltd.
7. All risk in and for such goods and/or services shall pass to the Purchaser either upon delivery to such location nominated or agreed to by the Purchaser, or upon collection by the Purchaser, or any servant, agent, courier or carrier of the Purchaser, as the case may be, and the Purchaser absolutely indemnifies Astro Hospitality Ltd against such risk.
8. Payment of an invoice is to be made on the 20th of the month following in which the invoice is dated or upon such other terms as agreed to and specifically stated on the invoice.
9. In the event that payment of an invoice is not made in accordance with clause 8 of these conditions, the Purchaser shall forfeit the right to any claim against Astro Hospitality Ltd whatsoever and shall grant an unconditional and irrevocable indemnity to Astro Hospitality Ltd against any such claim, and shall pay interest to Astro Hospitality Ltd on any outstanding debts at the rate of eighteen per cent (18%) per annum compounded.
10. Title to ownership of any goods and/or services is retained by Astro Hospitality Ltd until complete payments by the Purchaser of all outstanding claims are received by Astro Hospitality Ltd. Prior to the use or resale of any goods, the Purchaser shall store and maintain them in such original condition as when they departed from Astro. If the goods are resold, or used in the manufacture of other goods and/or services and/or structures, the Purchaser shall act as fiduciary in the recovery of payment for the goods and/or services, segregating such proceeds for the account of Astro Hospitality Ltd until payment is effected in full. The Purchaser assigns to Astro Hospitality Ltd any claims or rights to payments from the Purchaser’s debtors in order to enable Astro Hospitality Ltd to make full recovery of any monies owed in respect of such goods and/or services supplied. In the event of the Purchaser failing to pay for such goods and/or services in accordance with clause 8 of these conditions, the Purchaser irrevocably grants Astro Hospitality Ltd and any of its agents, the unconditional authority and consent to enter the Purchaser’s premises or any other location where the goods may be held, stored or installed for the express purpose of retrieving them, or where the goods are fixed or have become a fixture to any other goods and/or structures, to use reasonable force to remove, detach, disassemble or otherwise take possession of the goods and/or services without liability for trespass, negligence or payment of any compensation to the Purchaser whatsoever, and the Purchaser shall indemnify Astro Hospitality Ltd forever against any such claims brought by any other party.                
11. Astro Hospitality Ltd guarantees that such goods and/or services shall be delivered reasonably free from defect or damage but is not responsible for the use or misuse of the goods and/or services by the Purchaser or any third or subsequent party.
12. Astro Hospitality Ltd will not consider any claim against an invoice, or such goods and/or services covered by an invoice, unless such claim is made in writing within seven (7) days of the receipt of the invoice, or the delivery of such goods and/or services respectively.
13. Any claim for remedy by the Purchaser for any breach of conditions, warranty or condition of goods and/or services covered by an invoice shall be limited to either their replacement, the supply of their equivalent or of a refund of monies paid for such goods and/or services, and shall not include any consequential loss or damages in the event of any defect in or failure of such goods and/or services supplied.
14. Astro Hospitality Ltd reserves the right in its sole and absolute discretion, and upon whatever conditions it imposes, to accept any goods and/or services returned by the Purchaser, and to credit the Purchaser subject to clause 9 of these conditions, and the Purchaser agrees to pay a handling and administration charge of 15% of the purchase price.
15. The Purchaser hereby releases, indemnifies and protects Astro Hospitality Ltd from and against any loss, liability, claim, suit and/or cost suffered caused by circumstances beyond its control, but not limited to, strikes, lock-outs, labour disturbances, Acts of God, statutes, riot, wars, commotion, fire, flood, earthquake, power failure or similar event, or any consequential loss, liability, claim, damages, suit or expense suffered by the Purchaser or any other party as a result of any such event
16. When processing the Purchaser’s own materials, Astro Hospitality Ltd will endeavour to achieve industry acceptable standards of production, but will not accept liability for any failure to meet these standards. Liability is strictly limited to the invoice value of the work or service performed.
17. This Credit Account is governed by New Zealand Law, and any dispute arising therefrom shall be subject to the courts of these jurisdictions.
18. Astro Hospitality Ltd does not waive any of its legal rights in respect of these conditions, or of any goods and/or services, and shall not be bound by any waiver made by its servants or agents on any particular occasion. Astro Hospitality Ltd expressly excludes all implied terms, conditions and warranties, and these conditions will not be varied unless Astro Hospitality Ltd agrees in writing.
19. If any of these terms shall become, or are found to be unlawful or invalid, then they shall be severed from these terms and conditions, so as to preserve the remaining terms and conditions as valid and binding.
20. For any orders under $200.00 + GST there may be a handling fee applied.
21. This Credit Account facility will cease if the facility remains dormant for a period of Thirtysix (36) months.