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Terms and conditions Cusmode Holdings Limited
Cusmode Holding Limited herewith referred as CUSMODE. The Sale and Purchased Agreement set out below (“Terms”) are the terms applying to all sales of clients in effective as at 20 August 2019.
1 APPLICATION
1.1 These Terms shall apply to all Invoices raised in of despite any verbal indication to the contrary by any person acting or purporting to act on behalf of Cusmode. Accordingly, the Customer must obtain CUSMODE written confirmation of all variations to these Terms (including all representations or understandings) which the Customer wishes to make. CUSMODE may vary these Terms from time to time and MAY provide the Customer with replacement Terms on request.
2 ACCEPTANCES OF CUSTMODE INVOICE
2.1 Subject to CUSMODE being satisfied (in all respects) with the Customer’s order, CUSMODE will issue an order Sale Invoice to the Customer which will confirm acceptance by of the Customer’s request. CUSMODE will not be liable to the Customer or any third party for declining the service after the service is accepted. The Acceptance we refer any form of acceptance, a reply to our communications, and asking us to perform the service on behalf. CUSMODE will make all reasonable attempts to notify the Customer that it delays, reschedule of the shipment or booking. In the event that the Customer disagrees with any of the information contained in the change of booking details, the Customer should notify CUSMODE as soon as practicable and in any event within (1) Working days of the date of the booking confirmation is made whichever is earlier.
2.2 Unless the Customer so notifies CUSMODE of any disagreement with the Sales invoice in accordance with clause 2.1, the Sale Invoice shall be deemed to be correct. Each line in invoice in the confirmation invoice constitutes that client agree to pay charges considered agreed and pay on the invoice., we forward to the registered email of the client with us. Client agrees that emails and contacts numbers provided to us active and is monitored all the time and CUSMODE do not take any responsibility of clients not checked, read or not received the email.
3.1 Charges contained CUSMODE standard chares all Taxes government statutory charges, which are to be paid by Customer in addition to the invoiced total.
3.2 Unless otherwise specified by CUSMODE, the charges of the INVOICE shall be the cost plus our margin prevailing at the date of the Sales Invoice. If, as at the date the Order Confirmation, CUSMODE as reasonably determined by CUSMODE and notified to the Customer by a revised Invoice, if any additional charges which is beyond the control of the company. We will do out best to advise these final charges, prior to send the invoice, but depending on the reasons beyond our control we will not be able to do that at all the time as times if we get invoices from suppliers for other associated cost, we will send the same invoice to client for an immediate payment and the same will include an internal admin fee.
3.3 CUSMODE has no obligation to provide invoices of third party supplies and our contractors or discuss our, shares margins of a job we have carried on behalf a of a client.
3.4 While we expect it’s our prime responsibility, to work with boarder protection, authorities, and relevant government agencies to follow law and order in New Zealand, we expect that the clients are providing us accurate documents, accurate information and we entrust that clients are aware of likely penalties, and legal obligations to face, by law by providing incorrect, inaccurate , information to us. And CUSMODE do not take any responsibility for any damage, harm as result, also we are under obligations and may require to provide, share, information, documents with these government agencies. And not necessarily we need discretion, approval of the client to share this information with relevant government agencies but we are bound to provide this information.
3.5 We are not necessarily required to authenticate the accuracy of these documents and we do not expect to do that this information unless otherwise, a request is made from a relevant, government authority and its client full responsibility to adhere boarder control requirements.
3.6 A written quotation will be given by CUSMODE only if a request for such is made. We suggest, encourage client to request a quote and we are in the business and the nature of the transactions are times hard to be determined. We are expecting our clients are reasonably aware of the market price sell and the prices set out in such quotation applies in place of the prevailing prices quoted for. A written quotation expires on the date specified (if) in the quotation as the “expiry date” or, if no date is specified, within Working Days after the date of the written quotation (unless extended by CUSMODE).
3.7 Relevant and completed documents are required minimum five days before the vessel, Air Craft arrives to the relevant port, in New Zealand, Australia. CUSMODE do not take any responsibility for any additional charges occurred resulted incomplete, document or delayed documents, in order process your request but we can only make an effort to assist you with no assurance.
4 DELIVERY
4.1 Goods will be discharged by CUSMODE on the discretion of the management or its agent to the destination stipulated on confirmation, with delivery occurring when the Goods arrive at the Customer’s site and are ready but goods will be remained a property of CUSMODE AND OWNERSHIP REMAINED until the CUSMODE invoice, invoices are fully settled with cleared funds to out nominated bank, not a scanned , payment confirmation, screened shot , or image , picture of the payment confirmation, but cleared funds.
The Customer will provide equipment and facilities for the efficient receipt and safe prompt unloading of Goods and its Customers responsibility of the damage of good to notify us within 1(one) working day. This section and article cover only for frozen produce, or dry cargo we undertake for inspections at the discretion, request of the client and we do not take any responsibility for any damages for good. But we endure to communicate directly with the supplier who provided the service and will work with the supplier for a settlement leaving no responsibility to CUSMODE, ITS STAFF AND ANY PART OF ITS BUSINESS.
4.2 The expected date is quoted in good faith but CUSMODE reserves the right to finalize, amend, reconfirm dates, orders in whole and expected date to be ne notified the Customer within a reasonable time thereafter. Any delays will not result in a breach of contract and the Customer shall not be entitled to terminate the contract once its agreed or to any other remedy whatsoever.
4.3 CUSMODE reserves the right to cancel, suspend, or delay dispatch goods, service in the event of and during acts of God, wars, strikes, floods, fires, shortages of fuel, electricity, raw materials, transportation or labor, governmental controls or requirements, accidents or breakdowns in or any other circumstances of any kind whatsoever beyond CUSMODE control, affecting or interfering with delivery of Goods.
4.4 Freight, all other charges will be charged at the rates contained in CUSMODE current charges list as at the date of business.
4.5 Invoice and minimum charges are to be determined by the CUSMODE that will be subject to NZ and CUSMODE prevailing charges policy in place applies, practices.
5 PAYMENTS
5.1 Subject to clause
5.2 payment is due the date of invoice or as such written agreement with the company CUMODE and the party receiving the invoice. Any payments or balance of any payment which is unpaid by the due date shall accrue interest at CUSMODE prevailing interest rate. Interest will be calculated daily until payment in full is received. 5.2 Where the Customer has established an approved credit account with CUSMODE, payments for the service we rendered must be made in accordance with any agreed credit terms.
5.3 CUSMODE may, suspend performance of or terminate of the service we provided if, in opinion, the credit of the Customer becomes impaired, until such time as CUSMODE has received full payment or satisfactory security for deliveries made and is satisfied as to the Customer’s credit for future deliveries. CUSMODE has the right to cancel any delivery , release of documents , re-evaluate all payment terms, or require full or partial payment or adequate assurance of the Customer’s performance of its obligations under this agreement without liability to CUSMODE in the event of a material adverse change to the Customer’s financial condition.
5.4 CUSMODE may not set off any amount owed by the Customer to CUSMODE against any amount of money that is owed, or may become owing, to CUSMODE by the Customer in the event a company stop its operation. In the event the company, or individual and the business entity and operation are under the observation, or subject to an audit or any investigations by any statutory body client take an immediate step to inform CUSMODE and take immediate action to settle all outstanding invoices. Notwithstanding if CUSMODE make a request, client agrees to disclose details of such investigations to CUSMODE in writing, and inform us with details on regular basis.
5.5 Where the Customer is in default of its obligations in relation to payment, then notwithstanding any other rights and remedies available under this document, at law or otherwise, CUSMODE will be entitled to: (a) charge interest in accordance with clause. and client to advise any such to CUSMODE with immediate effect.
5.6 (a) recover costs representing overdue amounts, such as legal or debt collection costs; (c) terminate or suspend, without incurring liability to the CUSMODE, any contract in force between CUSMODE and the Customer for the supplier of services and withhold any deliveries of Goods the subject of any order accepted by CUSMODE whether under these terms or otherwise; or (d) review any rebates, discounts or incentives that may otherwise be available to the Customer.
6 CLAIMS
6.1 Claims in respect of defective or damaged Goods (whether as a result of damage during transit or otherwise) are to be lodged a CUSMODE office in writing or within 1 (ONE) days of receipt of the goods affected with all supporting documents, pictures. No claim will be recognized unless lodged within the period prescribed with a “Clause 6.1 “carriers’ receipt for damage during which CUSMODE may not take any liability but only the carrier, or service provider. CUSMODE shall not be liable for any loss or damage or other costs or expenses of any kind whatsoever that the Customer may suffer as a result of this.
Terms: Amount Owing means, at any time, the unpaid invoice charged by CUSMODE for the SERVICES AND ASSOCIATED CHARGES, and any other sums which CUSMODE is entitled to INVOICE. An Event of Default means an event where: (a) the Customer fails to comply with these Terms or any other agreement with CUSMODE ; or (b) the Customer is subject to any event which is in the nature of dissolution, winding up, bankruptcy, liquidation, insolvency or receivership, or which generally precedes such an event; or (c) an event occurs or information becomes known to CUSMODE, which in CUSMODES`S opinion, might materially affect the Customer’s creditworthiness, the value of the Goods the subject of the Security Interest, or the Customer’s ability or willingness to comply with its obligations under these Terms or any other agreement with CUSMODE; or (d) any guarantor of the Customer’s obligations under these Terms is in default under any agreement with CUSMODE (in any capacity). Consignment Stock means any GOODS that are not owned by CUSMODE but have been supplied to the Customer a third party but not released or not release for by the Customer and are held at the Customer’s premises or another premises as approved by CUSMODE. Customer the relevant company or other legal person who has submitted an order for certain Goods to CUSMODE and has thereby become subject to these Terms. Expected Date means the date on which CUSMODE reasonably expects the Goods to be delivered to the Customer. Goods means all goods imported by the client from time to time by CUSMODE to the Customer, provided that: (a) where the goods supplied are of the Customer, then all references to Goods in these Terms shall, for the purposes in respect of those goods, be read as references to inventory for so long as they are held as inventory; connection with these Terms or any agreement incorporating these Terms.
CUSMODE will take all possible options, avenues to recover its associated cost, charges and if CUSMODE decides that client is not cooperating with CUSMODE by not responding, accepting email, phone calls, txt messages any other form out efforts to contact the client.
CUSMODE will request client by sending to pay the invoice within one day (1) working day and if no payments are made and CUSMODE will hold the right for goods or request to re deliver goods to a nominated addresses required by Cusmode. On these return goods Customer to arrange transport cost on their own. After we make an internal judgment that Customer is not cooperating to settle outstanding invoice we will take all necessary steps, to recover including contacting the service of one or debt collectors, guarantors, referees, and other parties that CUSMODE decides on their own discretion for the best interest for the company and its share holders and other related parties.
We do hold our rights to follow all possible options to recover debts and these options clients accept not to disclose or require prior approval from any third party, parties. Customer by contracting us accept these terms of CUSMODE and by accepting and requesting to carry out business Customer also agree to bind with these terms at all given time.
Quotations are issued for the intended user only but not to duplicate, or forward to other unrelated parties, competitors to our business. Quotations we are sending and details are covered with our policies, that is not share with any other party with no written consent from us to take an advantage.