2015 Product Catalogue
TYTEX LIMITED
Po Box 58443, Botany, Manukau 2163, Auckland Tele: (09) 820 5302. Fax: (09) 820 5312
ACCOUNT APPLICATION FORM ENTITY DETAILS: APPLICANT'S FULL LEGAL NAME (i.e. not trading name): ....................................................................................................................... (“the Customer”) (Please tick)
Sole Trader o Individual o Partnership o Ltd Company o Other (please state): ............................................................
Trading as: .......................................................................................... Postal Address: .......................................................................................... Physical Address: ................................................................................ Email: ............................................................................................................ Nature of Business: ............................................................................. Years in Business: ........................................................................................ Telephone: ........................................................................... Fax: ....................................................... ………………………………………… Contact Name & Position: .......................................................................................................................................................................................... OWNERSHIP please insert Owner(s) / Directors Name(s) in full 1: .......................................................................................................... Address: ..................................................................................................... 2: .......................................................................................................... Address: ..................................................................................................... IF LIMITED LIABILITY COMPANY - Address of Registered Office: .......................................................................................................................... Date of Incorporation: ........................................... Incorporation No: ........................................................................................................................ FINANCIAL & PROFESSIONAL ADVISORS Shareholders Funds: ........................................................................... Paid Up: ...................................................................................................... Name of Accountant: ........................................................................... Solicitor: ...................................................................................................... Bank: ..................................................................................... Branch: .................................................. Acct No: ..................................................... TRADE REFERENCES Company
Contact Name
Phone Number
Account open since
General Description of Goods/Products/Services to be Provided: ..................................................................................................................... .................................................................................................................................................................................................................................... I/We have read and agree to be bound by the terms and conditions of trade as printed overleaf or attached. I/We warrant to Tytex Limited that the above information is to the best of my/our knowledge, information and belief true and correct and that I/we am/are duly
creditor intimates that it intends to seize Goods. sold at the current amount as such Goods are sold by Tytex at the time of the contract. Customer; and form part of this agreement; and 7.5.4 Any Goods in the possession of the Customer are materially damaged while 4.2 The price may be increased by the amount of any reasonable increase in the cost of 10.2.2 The Customer shall indemnify Tytex against all claims and loss of any kind 1.3.5 all Goods that are marked as having been supplied by Tytex or that are stored any sum due from the Customer to Tytex remains unpaid. supply of the Goods that is beyond the control of Tytex between the date of the whatsoever however caused or arising and without limiting the generality of the by the Customer in a manner that enables them to be identified as having been contract and delivery of the Goods. 7.5.5 Theforegoing Customerofisthis bankrupted or put into liquidation or aasreceiver to clause whether caused or arising a resultisofappointed the negligence supplied by Tytex; and anyofofTytex the Customer’s landlord distrains againstwith anyany of matter, the 5. PAYMENT or otherwise,assets broughtorbya any person in connection 1.3.6 all of the Customer’s present and after-acquired Goods that Tytex has Customer’s assets.or error by Tytex its agents or employees in connection with the act, omission, 5.1 Payment for Goods shall in full on orormaterials before the 20th day of the month performed work on or tobeormade in which goods supplied or financed by 7.5.6 A Court judgment is entered against the Customer and remains unsatisfied for Goods. following datebeen of the invoiceor(“the due date”). Tytexthe have attached incorporated. seven (7) days. ACT 11. CONSUMER GUARANTEES 5.21.3.7 Interest be descriptions charged on any afteris the due date of at and the rate 2.5% Themay above may amount overlap owing but each independent doesofnot 7.5.7 Any materialcontained adverse change in the financial position Act of the Customer. TERMS & CONDITIONS OF TRADE per month or others. part month. 11.1 The guarantees in the Consumer Guarantees 1993 are excluded where limit the storage, selling and otherand costs) may retain anybyrepossessed and credit the8. PAYMENTtheALLOCATION 1. DEFINITIONS Customer acquires Goods from Tytex for the purposes of a business in terms of Any expenses, disbursements legalorcosts incurred Tytex in the Goods enforcement 1.4 5.3“Goods” shall also mean all goods, products, services and advice provided by Tytex to of Customer’s accountthis withcontract the invoice value thereof sum as Tytex reasonably 8.1 Tytex section 43 of that allocate Act. rights contained be paid by less the such Customer, may 2inand its discretion any payment received from the Customer towards 1.1 “Tytex” shall mean Tytex limited, or any agents or employees thereof. the any Customer and shallin include withoutshall limitation the importing and including wholesaleany determines on account of wear and tear, depreciation, loss or profit and reasonable solicitor’s feesand or debt collection agency fees. andobsolescence, any invoiceGUARANTEE that Tytex determines and may do so at the of receipt or at any time 12. PERSONAL OF COMPANY DIRECTORS ORtime TRUSTEES distribution of towels, sheets associated linen, garments all charges for labour, 1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the costs.insurance charges, or any fee or charge associated with the supply of afterwards and on default by theorCustomer reallocate any payments charges, 5.4hireReceipt of a cheque, bill of exchange, or other negotiable instrument shall not authority of the Customer, or any person purchasing products and services from Tytex. 12.1 If the Customer is a company trust, the may director(s) or trustee(s) signingpreviously this contract, 7.4 Goods are such retained by Tytex pursuantistopaid clause 7.3 the Customer waives the received and allocated. In the absence any payment allocation by Tytex, payment at Goods byWhere Tytex to the Customer. constitute payment until negotiable instrument in full. in consideration for Tytex agreeing to of supply Goods and grant credit to the Customer 1.3 “Goods” shall mean: right to receive notice under s.120 of the Personal Property Securities Act 1999 shall be deemed to be allocated in such manner as preserves the maximum value of their request, also sign this contract in their personal capacity and jointly and severally 1.5 “Price” shall mean the cost of the Goods as agreed between Tytex and the Customer 5.5 A deposit may be required. 1.3.1 all Goods of the general description specified on the front of this agreement (“PPSA”) and to object under s.121 ofTytex the PPSA. Tytex’s purchase money security interest in thetoGoods. personally undertake as principal debtors Tytex the payment of any and all monies and includes all disbursements eg charges pay to others on the Customer's 6. RISK and supplied by Tytex to the Customer; and 7.5 subject The following defaults by the Customer: 9. DISPUTES AND GOODS now or RETURN hereafter OF owed by the Customer to Tytex and indemnify Tytex against nonbehalf to clauseshall 4 of constitute this contract. 6.1 The Goods remain at Tytex’s risk until delivery to the Customer. 1.3.2 all Goods supplied by Tytex to the Customer; and by thetoCustomer. personal liability of a signatory hereto shall exclude 9.1 No payment claim relating the Goods Any will be considered unless made within seven (7)not days of 2. ACCEPTANCE7.5.1 Non payment of any sum by the due date. 6.2 Delivery of Goods shall be deemed complete when Tytex gives possession of the 1.3.3 all inventory of the Customer that is supplied by Tytex; and the Customer in any way whatsoever from the liabilities and obligations contained in delivery. 7.5.2 The Customer intimates that it will not pay any sum by the due date. 2.1 AnyGoods instructions received by Tytex from the Customer for the supply of Goods shall directly to the Customer or possession of the Goods is given to a carrier, this contract. The signatories and Customer shall be jointly and severally liable under 1.3.4 all Goods supplied by Tytex and further identified in any invoice issued by constitute aorbinding contract and acceptance of the contained 7.5.3 Any Goods are seized by any otherterms ofconditions the Customer or any other 9.2 No Goods will be accepted for return without the prior consent of Tytex. courier, other bailee for purposes of transmission tocreditor the and Customer. the terms and conditions of this contract and for payment of all sums due hereunder. Tytex to the Customer, which invoices are deemed to be incorporated into and herein. creditor intimates that it intends to seize Goods. 10. LIABILITY 7. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999) form part of this agreement; and 13. MISCELLANEOUS 3. COLLECTION AND OFGoods INFORMATION 7.5.4 USE Any in the possession of the Customer are materially damaged while 10.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may 7.1 Title in any Goods supplied by Tytex passes to the Customer only when the Customer 1.3.5 all Goods that are marked as having been supplied by Tytex or that are stored 13.1 Tytex shall notorbeconditions liable for or delay or failure to perform obligations the cause of the any sum due the Customer Tytex remains imply warranties impose obligations uponitsTytex which ifcannot by law Customer authorises Tytex to Goods collect, retain toand use any made payment in full forfrom all provided by Tytex andinformation ofunpaid. all otherabout sums the due to by the Customer in a manner that enables them to be identified as having been 3.1 Thehas failure its extent control.by law) be excluded or modified. In respect of (or delay which orcan only istobeyond a limited Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing 7.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to Tytex by the Customer on any account whatsoever. Until all sums due to Tytex by the supplied by Tytex; and 13.2 by Tytexwarranties, to enforceconditions any of theorterms conditions contained in this contract anyFailure such implied termsand imposed on Tytex, Tytex’s liability anyCustomer rights under this contract, orfull, marketing anya security Goods toagainst any other any of paid the inCustomer’s assets or a provided landlordinbydistrains any of the have been Tytex has interest allTytex Goods. 1.3.6 all of the Customer’s present and after-acquired Goods that Tytex has shall not be beexcluded a waiver or of any the rights obligations under shall, where it isdeemed allowed,tobe if notofable to be or excluded only Tytex apply has to the party. Customer’s assets. 7.2 If the Goods are attached, fixed, or incorporated into any property of the Customer, by performed work on or to or in which goods or materials supplied or financed by this contract. If any provision of this contract shall be invalid, void or illegal or minimum extent required by the relevant statute. 3.2 Theway Customer authorises Tytex disclose anyagainst information obtainedor toany any person fortitle for A Court judgment is entered the Customer Customer and remains unsatisfied of7.5.6 any manufacturing or to assembly process by the third party, Tytex have been attached or incorporated. unenforceable the validity existence, legality and enforceability of the remaining 10.2 Except as otherwise provided by clause 10.1 Tytex shall not be liable for: the in purposes set out in clause 3.1. seven (7) days. the Goods shall remain with Tytex until the Customer has made payment for all provisions shall not be affected, prejudiced or impaired. 1.3.7 The above descriptions may overlap but each is independent of and does not 10.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods Goods, and where those Goods arechange mixed with property so as to and be part of or a 3.3 Where the7.5.7 Customer a natural person the authorities under clauses 3.2 are Any ismaterial adverse in theother financial position of3.1 the Customer. limit the others. by Tytex to the Customer, including consequential loss whether suffered or constituent of any new Goods, title toofthese new Goods shall deemed to be assigned to authorities or consents for the purposes the Privacy Act 1993. 8. PAYMENT ALLOCATION 1.4 “Goods” shall also mean all goods, products, services and advice provided by Tytex to incurred by the Customer or another person and whether in contract or tort Tytex as security for the full satisfaction by the Customer of the full amount owing Tytex may in its discretion allocate any payment received from the Customer towards the Customer and shall include without limitation the importing and wholesale4. PRICE 8.1 (including negligence) or otherwise and irrespective of whether such loss or between Tytex and Customer. invoice thatinTytex determines may the do so at the timebeofdeemed receipt to or be at any time price is stated writing or agreedand to orally Goods shall distribution of towels, sheets and associated linen, garments and all charges for labour, 4.1 Where noany damage arises directly or indirectly from Goods provided by Tytex to the 7.3soldThe Customer gives authority to Tytex to enter anytime premises occupiedpreviously by afterwards and irrevocable onasdefault by theare Customer may reallocate any payments at the current amount such Goods sold by Tytex at the of the contract. hire charges, insurance charges, or any fee or charge associated with the supply of Customer; and the Customer or onallocated. which Goods areabsence situated ofat any any payment reasonable time after default by the allocation by cost Tytex, Goods by Tytex to the Customer. 4.2 The pricereceived may be and increased by theIn amount of any reasonable increase in the of payment 10.2.2 The Customer shall indemnify Tytex against all claims and loss of any kind the Customer or beforetodefault if Tytexinbelieves a default is likely andthetomaximum remove and deemed allocated such manner preserves supply ofshall the be Goods that is be beyond the control of Tytexasbetween the date of the value of 1.5 “Price” shall mean the cost of the Goods as agreed between Tytex and the Customer whatsoever however caused or arising and without limiting the generality of the repossess anypurchase Goods and anysecurity other property toin which Goods are attached or in which Tytex’s money interest the Goods. contract and delivery of the Goods. and includes all disbursements eg charges Tytex pay to others on the Customer's foregoing of this clause whether caused or arising as a result of the negligence Goods are incorporated. Tytex shall not be liable for any costs, damages, expenses or 9. DISPUTES AND RETURN OF GOODS behalf subject to clause 4 of this contract. 5. PAYMENTlosses incurred by the Customer or any third party as a result of this action, nor liable in of Tytex or otherwise, brought by any person in connection with any matter, 9.1 No relating to Goods be considered within seven (7) days of 2. ACCEPTANCE act, omission, or error by Tytex its agents or employees in connection with the 5.1 Payment fororclaim Goods shall bethe made fullway onwhatsoever or before unless the 20thmade of the month contract in tort or otherwise in in anywill unless byday statute such liability Goods. following thebedate of the invoice date”). cannotdelivery. excluded. Tytex (“the may due either resell any repossessed Goods and credit the 2.1 Any instructions received by Tytex from the Customer for the supply of Goods shall 9.2 No Goods will be for return the due prior consent Tytex. Customer’s with the net proceeds ofafter sale the (after deduction ofofall repossession, CONDITIONS TRADE constitute a binding contract and acceptance of the terms and TERMS conditions&contained 11. CONSUMER GUARANTEES ACT 5.2 OF Interest may beaccount charged onaccepted any amount owingwithout date at the rate of 2.5% storage, selling and other costs) or may retain any repossessed Goods and credit the herein. 10. 1. DEFINITIONS perLIABILITY month or part month. 11.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where Customer’s accountGuarantees with and the invoice valueincurred thereof less such asand Tytex reasonably 3. INFORMATION the Customer acquires Goods from Tytex for the purposes of a business in terms of The Consumer Act costs 1993, the Fair Trading Act 1986 other statutes may 1.1 COLLECTION “Tytex” shall AND meanUSE TytexOF limited, or any agents or employees thereof. 5.3 Any10.1 expenses, disbursements legal by Tytex insum the enforcement of determines on account wear and loss orcannot profit section 2 and 43 of that Act. imply warranties or of conditions ortear, impose upon Tytexincluding which by law any rights contained in this contract shall bedepreciation, paidobligations by theobsolescence, Customer, any and The Customer authorises Tytex to collect, retainacting and use any information about 1.2 3.1“Customer” shall mean the Customer, any person on behalf of and with the the costs. (orsolicitor’s which can only a limited extent by law) reasonable fees or to debt collection agency fees.be excluded or modified. In respect of12. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES Customer, the purpose assessing the Customer’s credit worthiness, enforcing authority of the for Customer, or anyofperson purchasing products and services from Tytex. Where are bill retained by Tytex pursuant clauseimposed 7.3instrument the on Customer waives anyaGoods such implied warranties, conditions terms Tytex, liability any rights under this contract, or marketing any Goods provided by Tytex to any other 5.4 7.4 Receipt of cheque, of exchange, or otherortonegotiable shallTytex’s not the 12.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, 1.3 “Goods” shall mean: rightshall, to receive underbes.120 of theor is Personal Property Securities 1999 where is allowed, excluded if paid not able to be excluded onlyAct apply to the party. constitute payment untilitnotice such negotiable instrument in full. in consideration for Tytex agreeing to supply Goods and grant credit to the Customer at 1.3.1 all Goods of the general description specified on the front of this agreement (“PPSA”) and extent to object under by s.121 of the PPSA. minimum required the relevant statute. 3.2 The and Customer authorises disclose any their request, also sign this contract in their personal capacity and jointly and severally A deposit may be required. supplied by TytexTytex to thetoCustomer; and information obtained to any person for 5.5 7.5 TheExcept following constitute defaults by the10.1 Customer: 10.2 as shall otherwise provided by clause Tytex shall not be liable for: the purposes set out in clause 3.1. personally undertake as principal debtors to Tytex the payment of any and all monies 6. RISK 1.3.2 all Goods supplied by Tytex to the Customer; and 7.5.110.2.1 NonAny payment any sumofbyany thekind due whatsoever, date. now or hereafter owed by the Customer to Tytex and indemnify Tytex against nonloss orofdamage arising from the supply of Goods 3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are 6.1 The Goods remain at Tytex’s risk until delivery to the Customer. 1.3.3authorities all inventory of the for Customer that is of supplied by Tytex; and payment by the Customer. Any personal liability of a signatory hereto shall not exclude Tytex tointimates the Customer, including 7.5.2 Theby Customer that it will not pay consequential any sum by theloss due whether date. suffered or or consents the purposes the Privacy Act 1993. 6.2 Delivery of Goodsincurred shall be complete when Tytex gives possession the or tort 1.3.4 all Goods supplied by Tytex and further identified in any invoice issued by the Customer in any way whatsoever from the liabilities and obligations contained in by deemed the Customer orother another person and whether inorof contract 7.5.3 Any Goods are seized by any creditor of the Customer any other 4. PRICE Goods directly to(including the Customer or possession of the is given a carrier, Tytex to the Customer, which invoices are deemed to be incorporated into and this contract. The signatories and Customer shall be jointly and severally liable under negligence) or otherwise andGoods irrespective of to whether such loss or creditor intimates that it intends to seize Goods. 4.1 Where no price is stated in writing or agreed to orally the Goods shall be deemed to be courier, or other bailee for purposes of transmission to the Customer. form part of this agreement; and the terms and conditions of this contract and for payment of all sums due hereunder. damage arises directly or indirectly from Goods provided by Tytex to the Any Goods in the possession of the Customer are materially damaged while sold at the current amount as such Goods are sold by Tytex at the time of the contract.7. TITLE AND7.5.4 SECURITYCustomer; (PERSONAL andPROPERTY SECURITIES ACT 1999) 1.3.5 all Goods that are marked as having been supplied by Tytex or that are stored 13. MISCELLANEOUS any sum due from the Customer to Tytex remains unpaid. 4.2 The by price be increased by the of them any reasonable increase in thebeen cost of 7.1 Title in any themay Customer in a manner thatamount enables to be identified as having GoodsThe supplied by Tytex to the Customer Customer 10.2.2 Customer shallpasses indemnify Tytex againstonly all when claimsthe and loss of any kind 13.1 Tytex shall not be liable for delay or failure to perform its obligations if the cause of the supply of thebyGoods 7.5.5 payment Thewhatsoever Customer bankrupted or put intoTytex liquidation receiver is appointed has made in full forisall Goodscaused provided andwithout oforalla other sums due to to supplied Tytex; that and is beyond the control of Tytex between the date of the however or by arising and limiting the generality of the delay or failure is beyond its control. any of the Customer’s assets or a landlord distrains against any of the contract and delivery of the Goods. Tytex by the Customer on any account Until or allarising sums due Tytexofby foregoing of this clausewhatsoever. whether caused as atoresult thethe negligence 1.3.6 all of the Customer’s present and after-acquired Goods that Tytex has 13.2 Failure by Tytex to enforce any of the terms and conditions contained in this contract Customer’s assets. 5. PAYMENTperformed work on or to or in which goods or materials supplied or financed by Customer have been paid inorfull, Tytex has a security interest in allinGoods. of Tytex otherwise, brought by any person connection with any matter, shall not be deemed to be a waiver of any of the rights or obligations Tytex has under A Court judgment isorentered Customer and remains unsatisfied for the act, omission, error by against Tytex into itsthe agents or employees in connection 5.1 Payment Goods be or made in full on or before the 20th day of the month 7.2 If the 7.5.6 Tytexfor have been shall attached incorporated. Goods are attached, fixed,or incorporated any property of the Customer, by with this contract. If any provision of this contract shall be invalid, void or illegal or seven (7) days. Goods. following the date of the invoice (“the due date”). way of any manufacturing or assembly process by the Customer or any third party, title 1.3.7 The above descriptions may overlap but each is independent of and does not unenforceable the validity existence, legality and enforceability of the remaining 7.5.7 Any material adverse change in the financial position of the Customer. in the Goods shall remain with Tytex until the Customer has made payment for all 11. CONSUMER GUARANTEES ACT 5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% limit the others. provisions shall not be affected, prejudiced or impaired. Goods, and where those Goods are mixed with other property so as to be part of or a 8. PAYMENT ALLOCATION per month or part month. 11.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where 1.4 “Goods” shall also mean all goods, products, services and advice provided by Tytex to constituent of any new Goods, title to these new Goods shall deemed to be assigned to themay Customer acquires allocate Goods from Tytex for received the purposes of aCustomer business towards in terms of 8.1 Tytex in its discretion any payment from the 5.3the Any expenses, legal costs incurred Tytex in and the enforcement Customer anddisbursements shall includeand without limitation the byimporting wholesale of Tytex any as section security2that for the fulldetermines satisfaction the do Customer the of fullreceipt amount andTytex 43 of that Act. andbymay invoice so at theoftime or owing at any time any rights contained in this contract shall begarments paid by and the all Customer, including distribution of towels, sheets and associated linen, charges for labour,any between Tytex and Customer. afterwards GUARANTEE and on defaultOFbyCOMPANY the Customer may reallocate any payments previously solicitor’s charges, fees or debt collection hirereasonable charges, insurance or any fee oragency chargefees. associated with the supply of 12. PERSONAL DIRECTORS OR TRUSTEES Customer givesallocated. irrevocable to Tytex to payment enter anyallocation premisesbyoccupied by received and In authority the absence of any Tytex, payment by Tytex the Customer. 5.4Goods Receipt of ato cheque, bill of exchange, or other negotiable instrument shall not 7.3 The12.1 If the Customer is a company or trust, the director(s) or trustee(s) signing the Customer or on which are situated at any reasonable time after defaultthis by contract, shallinbe deemed to for beGoods allocated in such manner as preserves maximum value of at constitute payment is paid in full. and the Customer 1.5 “Price” shall mean the until cost such of thenegotiable Goods asinstrument agreed between Tytex consideration Tytex agreeing to supply Goods and grantthecredit to the Customer the Customer or beforemoney defaultsecurity if Tytexinterest believes a default is likely and to remove and Tytex’s purchase in the Goods. and includes all disbursements eg charges Tytex pay to others on the Customer's their request, also sign this contract in their personal capacity and jointly and severally 5.5 A deposit may be required. repossess any and OF anyGOODS other property to which Goods are attached or in which 9. DISPUTES ANDGoods RETURN
order online: www.tytex.co.nz email: orders@tytex.co.nz freephone: 0800-289-839 fax: 09-820-5312