Terms & Conditions

By placing your order you agree to enter this agreement. This Agreement is between the Supplier (referred to as we, our or us) and the Customer (referred to as you or your) and consists of these Key Terms and the General Conditions.

EFFECT OF THIS AGREEMENT - This Agreement: - applies in relation to any goods we sell you even if it is not signed; - overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise).

 

ORDERS - You acknowledge that once you place an order with us, we may order or manufacture goods especially for you and we may not permit you to vary or cancel the order unless you compensate us for the losses we incur or we otherwise consent.

 

PRICE AND PRICING - The wholesale pricing of our products are subject to change from time to time. You will be provided with the prices in the form of an invoice prior to your order being sent. You will be provided with a RRP price guide, all products must be sold at these prices. In the event of a temporary sale, you are able to lower the prices for that time only. In the instance where products are nearing their shelf life, you may maintain a sale price until those goods are sold.

 

GST - Unless otherwise stated, the prices for the goods are exclusive of Goods and Services Tax (GST). You must pay GST at the same time and in the same manner as the consideration for the goods. We will give you a tax invoice showing the applicable GST.

 

PAYMENT TERMS - All first orders with us is strictly pro-forma. All orders following initial first order must be paid for in full within 30 days of delivery. However, if we consider (in our absolute discretion) that your creditworthiness is unsatisfactory or the amount would exceed our credit limit, we may require you to pay for the goods on or before delivery.

 

DELIVERY - We will use reasonable endeavors to deliver the goods to the delivery point and on the date requested in your order. However, we will not be liable for any losses you suffer as a result of a delay or failure to deliver the goods.

 

RETURN OF OBVIOUSLY DEFECTIVE GOODS - The period for returning obviously defective goods is 7 days. You must inspect the goods on delivery and, if there are any defects, notify us within this period. This includes if the goods are defective because: • there is a shortfall in the quantity delivered; or • they are not of acceptable quality (as defined in the New Zealand consumer Law); • they do not conform to an agreed specification. If you fail to notify us within this period, you will be deemed to have accepted the goods and must pay for them in full despite any defects (other than non-obvious or latent defects that you could not be reasonably expected to have identified within the time period). If you claim that the goods are defective, you must return them to us as soon as possible (or if it is not possible to return them, make them available for us to inspect). We will accept the charges for returning the goods if we accept that they are defective.

 

PRIVACY - All wholesale information is to be kept between you and us.

 

INTEREST ON LATE PAYMENTS - If you fail to pay us strictly within the payment terms then you must pay an interest rate of 20%. The interest will be calculated monthly on the amount outstanding. If the overdue invoice is more than 2 months overdue this will be handed over to Baycorp and their fees will also be applied to any overdue invoices.

Customer Liability for Debt Recovery Costs - In the event of non-payment by the Customer beyond the agreed payment terms specified in this Agreement the Customer shall be liable for all costs associated with debt recovery including but not limited to legal fees court costs and any fees incurred by third-party debt recovery agencies engaged by the Supplier. Such costs shall be in addition to the outstanding amount owed and shall be payable upon demand by the Supplier.