Terms & Conditions of Trade

These Terms & Conditions of Trade (“Terms”) apply to all goods supplied by [Your Company Name] (“the Supplier”) to any customer (“the Customer”) unless otherwise agreed in writing.

1. Acceptance of Terms

By placing an order with the Supplier, the Customer agrees to be bound by these Terms.

2. Pricing

All prices are quoted in New Zealand Dollars and are exclusive of GST unless otherwise stated. Prices are subject to change without notice.

3. Payment Terms

Payment is strictly 20th of the month following invoice date, unless otherwise agreed by both parties.

The Supplier may withdraw credit facilities at any time at its discretion.

4. Overdue Accounts

If payment is not received by the due date:

• The Supplier may place the Customer’s account on hold and suspend further supply of goods.
• Interest may be charged on overdue amounts at a rate of 2.5% per month, calculated daily.
• All costs incurred in recovering overdue monies, including debt collection and legal fees, will be payable by the Customer.

5. Retention of Title

Ownership of goods supplied remains with the Supplier until full payment for all goods supplied has been received.

Until ownership passes, the Customer:

• Holds the goods as bailee for the Supplier.
• Must store goods separately and clearly identify them as the Supplier’s property.
• Grants the Supplier the right to enter premises to recover unpaid goods.

6. Risk

Risk in the goods passes to the Customer upon delivery.

7. Delivery

• Delivery times are estimates only.
• The Supplier is not liable for delays beyond its control.
• Freight charges may apply and will be invoiced where applicable.

8. Claims and Returns

• Any claims for damaged or faulty goods must be made within 48 hours of delivery.
• No returns will be accepted without prior approval from the Supplier.
• Approved returns may incur a restocking fee.

8A. Returns, Credits and Refunds

Where the Supplier approves a return of goods for any reason:

• The Supplier will issue a credit note only to the Customer’s account.
• No cash refunds will be provided under any circumstances.
• Credit notes must be used within 12 months of issue unless otherwise agreed in writing.
• Credit notes may only be applied against future purchases from the Supplier.

9. Credit Limit

The Supplier may set and vary a credit limit for the Customer at its discretion.

10. Personal Guarantee (if applicable)

Where the Customer is a company, the directors may be required to personally guarantee payment of all monies owing.

11. Default

If the Customer:

• Fails to pay any amount when due,
• Becomes insolvent,
• Enters into liquidation or receivership,

The Supplier may cancel any outstanding orders and demand immediate payment of all amounts owing.

12. Force Majeure

The Supplier is not liable for failure to perform due to events beyond its reasonable control including but not limited to freight disruption, fuel price increases, natural disasters, or supply chain delays.

13. Consumer Guarantees Act 1993

The Customer acknowledges that goods are supplied for business purposes and the provisions of the Consumer Guarantees Act 1993 do not apply.

14. Privacy Act 2020

The Customer authorises the Supplier to collect, retain, and use personal information for the purpose of assessing creditworthiness and collecting overdue payments.

15. Disputes

Any dispute must be notified in writing within 7 days of invoice date. Payment must not be withheld due to any dispute.

16. Governing Law

These Terms are governed by the laws of New Zealand.