Trading terms and conditionsGoods and services supplied by Omni Packaging NZ Ltd are supplied upon the following terms and conditions and not otherwise, and Omni Packaging NZ Ltd expressly rejects any conditional sales order placed by the customer.
Date: 30/03/2026

1.      A contract is formed when Omni Packaging NZ Ltd has received an order and sends the customer a written acceptance.

2.      The price is that quoted by Omni Packaging NZ Ltd in respect of the particular order and not in any brochure or other product information published. Prices are ex warehouse. The customer shall arrange and bear the cost of delivery, freight and insurance.

3.      Dispatch dates will be observed subject to Omni Packaging NZ Ltd ability to effect transport by available means.

4.      No claims in reference to items covered by an invoice will be recognised unless made in writing within 7 days of delivery.

5.      Suspend Supply. Omni Packaging NZ Ltd reserves the right at all times to suspend the supply of further goods or services on credit to the customer without having to give reasons for its actions to the customer or its agents, and demand full settlement of all transactions forthwith.

6.      Payment is to be made within 30 days following the month in which the invoice is rendered and if not paid, Omni Packaging NZ Ltd reserves the right to charge interest at the rate of 1.5% per month, calculated daily on all overdue amounts from the due date until payment is received in full. If payment is not made in accordance with these terms and conditions all amounts due to Omni Packaging NZ Ltd become immediately due and payable.

7.      Unless prevented by statute all implied terms, conditions and warranties are excluded. Omni Packaging NZ Ltd and Customer each confirm that they are: a) in trade; and b) acting in trade in relation to the transactions contemplated by this Agreement, and accordingly, sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 shall not apply in relation to this Agreement or as between the parties. The parties each acknowledge and agree that the terms of this clause 7 are fair and reasonable. Omni Packaging NZ Ltd is not responsible for the use or misuse of the goods or any services or the installations thereof by the customer or third party. The customer’s remedy for any breach of condition, warranty or condition of goods or services shall be limited, at the discretion of Omni Packaging NZ Ltd, to the replacement of the goods or services and shall not include any consequential loss, loss of revenue, loss of profit or damages in the event of any defect in or failure of goods or services.

8.      All goods and services are supplied subject to retention of title. The goods or services remain the property of Omni Packaging NZ Ltd until complete payment of all claims due to Omni Packaging NZ Ltd arising from all business transactions between Omni Packaging NZ Ltd and the customer. Prior to use or resale of goods or services the customer shall maintain them in an identifiable condition in store or on site. The customer may resell the goods or services in the ordinary course of business to an unrelated third party customer subject to maintaining Omni Packaging NZ Ltd rights against the goods and services and acting as fiduciary in recovering payment of the goods and segregating such proceeds for the account of Omni Packaging NZ Ltd and until Omni Packaging NZ Ltd is paid in full. The customer assigns to Omni Packaging NZ Ltd any claims or rights against sub-customers in order to enable Omni Packaging NZ Ltd to make full recovery of all monies owed to it in respect of the goods and services.

9.      All monies clause. In the event of the customer defaulting in any of the terms of this agreement including the payment of all monies due under this agreement, then Omni Packaging NZ Ltd shall have the right (without giving notice) to retake possession of any Omni Packaging NZ Ltd goods and services supplied to the customer and the customer or its representatives hereby authorises and allows Omni Packaging NZ Ltd or its representative, servant, agent or employee to enter the premises upon which the goods or services are housed or stored for the purpose of retaking possession of same and Omni Packaging NZ Ltd shall not be liable for any costs, losses, damages or any other monies or losses suffered by the customer as a result of Omni Packaging NZ Ltd retaking possession of the goods and services.

10. The customer grants Omni Packaging NZ Limited a security interest in all of the customer’s present and after-acquired property to secure payment of all amounts owing. The customer agrees to do all things necessary for Omni Packaging NZ Limited to register a financing statement on the Personal Property Securities Register and waives the right to receive verification statements.

11. To the maximum extent permitted by section 107 of the Personal Property Securities Act 1999, the customer waives its rights, and Omni Packaging NZ Ltd may contract out of its obligations, under sections 114(1)(a), 116, 120(1)–(2), 121, 125–127, 131 and 133–134 of that Act.

12. This sale is governed by the laws of New Zealand. The courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims). The customer hereby releases, indemnifies and defends Omni Packaging NZ Ltd from and against any losses, liabilities, claims and costs caused by or arising out of the way in which they are contained or made in compliance with the customer’s design or specification.

13. Omni Packaging NZ Ltd will not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the customer or any other party as a result of any such event.

14. Omni Packaging NZ Ltd may in its absolute discretion accept the return of standard products (but not special products) to the credit of the customer provided that such products are returned to its factory unused and undamaged before the expiry of 7 days after their delivery to the customer, and the customer agrees to pay a handling and administration charge equal to 15% of the price or a $25 flat fee for orders under the value of $150 and meets payment of freight charges. No returns of special products will be accepted.

15. No Refund Policy. Omni Packaging NZ Ltd reserves the right to exchange goods and not refund purchase monies. Please note that Omni Packaging NZ Ltd reserves the right to charge a 15% restocking fee for any goods returned with no exchange. Orders with a value less than $150 will be charged a $25 flat fee for any goods returned with no exchange.

16. Notification of change in ownership. The customer shall no later than 14 days prior to any changes of ownership, change in company details, alteration, addition to the shareholding or directorships, notify Omni Packaging NZ Ltd in writing of the proposed change and the customer shall notify Omni Packaging NZ Ltd of any change, alteration or addition to Omni Packaging NZ Ltd and the customer and the guarantor shall be liable for the purchase price of any goods supplied by Omni Packaging NZ Ltd after such change or alteration.

17. If a clause or part of a clause in these terms and conditions is illegal, unenforceable or invalid then that clau se or part thereof is excluded from these terms and conditions without affecting the enforceability of the remaining terms and conditions.

18. Omni Packaging NZ Ltd reserves the right to charge the customer all fees and charges including credit card fees, debt collection fees, fees for dishonoured cheques and all legal costs necessarily incurred to recover any amounts due by the customer to Omni Packaging NZ Ltd.

19. These conditions will not be varied or waived unless Omni Packaging NZ Ltd agrees in writing.