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Terms & Conditions of Sale (Kiwi Office)
These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Kiwi Office Company Limited ("Our", "Us", "We", or "Kiwi Office") by you ("You" or "Customer") constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Kiwi Office (including an order) are hereby objected to and will not bind Kiwi Office unless Kiwi Office agrees in writing. No salesperson, representative or agent is authorised by Kiwi Office to give any guarantee, warranty or representation in addition to, or contrary to these terms. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
1. Sales and Purchase
1.1 Your placement of an order with us ("Order") constitutes an offer by you to purchase goods from us on these terms. The Order is placed when it is submitted to us.
1.2 The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or displaying a confirmation on our website. Delivery of goods constitutes notice of our acceptance of the order.
1.3 If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
2. Price and Price Variation
2.1 Prices quoted are excluding G.S.T unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of order. We may change our prices from time to time without notice. Prices do not include any delivery fees. We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order.
2.2 Kiwi Office shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Kiwi Office of carrying out the whole or any part of the contract arising from any of the following:
(a) Delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer's failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond Kiwi Office's control;
(b) Variation in the cost of Kiwi Office acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance
customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) Variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) Any correction of errors or omissions on the part of Kiwi Office or any of its representatives.
3.1 Kiwi Office reserves the right to suspend delivery of further goods if the terms of payment are not strictly adhered to by the Customer.
3.2 Interest may be charged on overdue accounts at a rate of 2.5% over Kiwi Office's bank rate.
3.3 Any expenses, costs or disbursements incurred by Kiwi Office in recovering any outstanding monies including debt collection agency fees or solicitor's costs shall be paid by the Customer.
3.4 You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
Special Terms Applying to Business Credit Account Holders Only
3.5 Unless otherwise agreed, the purchase price shall be paid to Kiwi Office at its address by the 20th of the month following the month in which the invoice was dated. Payment will not be accepted by any means other than cash, cheque, accepted credit card, direct credit or direct debit.
3.6 If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as provided in 3.5. Payment of the disputed portion may be withheld provided the matter is brought to Kiwi Office's attention immediately it is discovered and a letter of explanation setting out the particulars of the dispute is sent to Kiwi Office within seven days of the dispute arising.
3.7 The Business Account Customer shall not be liable for any indebtedness arising from the fraudulent use of the account provided that the Customer must on discovering the fraudulent use of the account immediately notify Kiwi Office of such fraudulent use. The burden of proving such use was fraudulent shall lie with the Customer.
3.8 The Business Account Customer shall endeavour to return all goods acquired by fraudulent use.
3.9 The customer is responsible for maintaining their own login in and password security
4.1 Kiwi Office shall deliver the goods to the address stated on the order or as agreed by Kiwi Office in writing.
4.2 Kiwi Office shall deliver the goods by such carrier and such form of transport Kiwi Office consider to be appropriate.
4.3 The Customer agrees to inform Kiwi Office within 14 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with Kiwi Office for proof of delivery.
4.4 Kiwi Office will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Kiwi Office's control. Kiwi Office shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
5. Privacy Act 1993
5.1 The Customer authorises Kiwi Office to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
(a) Assessing the Customer's credit worthiness.
(b) Disclosing to a third-party the details of this application and any subsequent dealings it may have with Kiwi Office for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) Marketing goods and services provided by Kiwi Office to the Customer.
5.2 The Customer, if an individual, has a right of access to information about the Customer held by Kiwi Office. The Customer may request correction of that information and may require that the request be stored with that information. Kiwi Office may charge reasonable costs for providing access to that information.
6.1 Subject to clause 9.1, Kiwi Office will not accept the return of goods for credit or any other purpose unless Kiwi Office agrees to accept the return of the goods and advise the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit within 14 days of delivery, unless due to Kiwi Office's error. Kiwi Office reserves the right to charge for returned goods, excepting for when there has been an error on Kiwi Office's part.
6.2 No returned goods shall be accepted by Kiwi Office (even if Kiwi Office agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to in clause 7.1. Where goods are returned to Kiwi Office but not accepted as above, they shall be returned to you at your expense.
6.3 Receipt by Kiwi Office or by any of our agents or representatives of any goods returned other than in accordance with clauses or 6.1 and 6.2 shall not constitute nor be deemed to constitute Kiwi Office's acceptance of the return of the goods for credit or any other purpose.
6.4. Please note that there may be a "restocking fee" incurred by the original supplier. If this occurs the fee may be deducted from any funds owed to the customer at Kiwi Office discretion.
7. Risk
7.1 Risk in the goods shall pass to you at the time when our obligations under the contract are deemed under clause 4 to be completed.
8. PPSA Security Interest
8.1 The Customer grants to Kiwi Office a Security Interest in the goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the goods and any other obligations of the Customer to Kiwi Office under this contract (together "the Indebtedness") and, where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after acquired office equipment, supplies and stationery, of which the goods form part, to the extent required to secure the Indebtedness.
8.2 As and when required by Kiwi Office the Customer shall, at its own expense, provide all reasonable assistance and relevant information to enable Kiwi Office to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce Kiwi Office's Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 ("PPSA"). Customer hereby waives its right under section 148 of the PPSA to receive a copy of any Verification Statement.
8.3 The Customer shall not change its name without first notifying Kiwi Office of the new name not less than 7 days before the change takes effect.
8.4 Where the Customer is a Business Account Customer, the Customer warrants that the goods are not purchased for use primarily for personal, domestic or household purposes.
8.5 Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by Kiwi Office in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where Kiwi Office applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro rata.
8.6 Until the Customer has paid all money owing to Kiwi Office the Customer shall at all times ensure that:
(a) the goods supplied by Kiwi Office, while in the Customer's possession, can be readily identified and distinguished; and/or
(b) all Proceeds (in whatever form) that the Customer receives from the sale of any of the goods are readily Identifiable and Traceable.
8.7 Where the goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer's business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the goods in the ordinary course of the Customer's business. Otherwise, until the Customer has paid all money owing to Kiwi Office, the Customer shall not sell or grant a Security Interest in the goods without Kiwi Office's written consent.
8.8 The parties agree to contract-out of the PPSA in accordance with Section 107 of the PPSA to the extent that Section 107 applies for the benefit of, and does not impose a burden on, Kiwi Office. The Customer waives its right to receive a Verification Statement in respect of any Financing Statement or Financing Change Statement registered by or on behalf of Kiwi Office in respect of the Security Interest created by these terms and conditions of trade.
8.9 For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of, the PPSA.
9. Guarantees
9.1 Kiwi Office offers a money-back guarantee on most products purchased from our website and returned within 14 days of delivery in the original condition and packaging. This money-back guarantee excludes food, beverage & first aid products, furniture, all technology products & goods expressly sold on a non-return basis and non-standard products sourced specifically or custom made for you. Delivery charges will not be refunded and in some instances, you may be charged for collection. Restocking fees to the original supplier may also be charged at Kiwi Office discretion.
9.2 Money back guarantee may not apply to purchases intended for business purposes.
Defective/non-conforming Goods
9.3 Subject to the money-back guarantee in clause 10.1, where the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Kiwi Office will repair or replace those goods;
(b) without excluding Kiwi Office's obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that Kiwi Office does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Kiwi Office in writing;
(c) if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
(d) if the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer's contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods; and
(e) if the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Kiwi Office's prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Kiwi Office requires, and the Customer agrees to indemnify Kiwi Office against any liability or cost incurred by Kiwi Office under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.
9.4 Subject to the money-back guarantee in clause 9.1, the following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) defective goods or goods which do not comply with the contract may at Kiwi Office's discretion be repaired or replaced, or the price refunded.
(b) any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
(i) the Customer notifies Kiwi Office in writing within fourteen days following delivery and Kiwi Office is given the opportunity to inspect the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
(c) Kiwi Office will not repair or replace or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
(d) Kiwi Office accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
(i) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
(ii) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Kiwi Office in writing; or
(iii) any services forming part of the supply of the goods which have been performed by any third party;
and the Customer agrees to indemnify Kiwi Office against any such claim.
(e) in any event, Kiwi Office's liability under any claim shall not exceed the price of the goods.
9.5 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
10. Customer's Liability
10.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other breach of any of the Customer's obligations under the contract; or
(b) suffer execution under any judgment; or
(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
Kiwi Office (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Kiwi Office may otherwise possess.
11. Variations to Terms and Conditions of Trade
11.1 Kiwi Office may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT Kiwi Office shall not make any variation to the nature or extent of the Security Interest granted by the Customer in clause 9.1 without the written agreement of the Customer.
12.1 These terms of trade are governed by the laws of New Zealand.
12.2 Kiwi Office and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.
13. Print Services Terms and Conditions
13.1 The following additional terms and conditions apply where you are acquiring print services. Where this clause 14 is inconsistent with any other provision of these terms and conditions, this clause 14 will apply to the extent of any inconsistency.
13.2 Colour Proofs. There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. Kiwi Office will however use its best endeavours to provide a commercially acceptable finished product.
13.3 Proof Approval. Kiwi Office is not liable for errors in the finished work where a proof has been submitted to and approved by the Customer in writing.
13.4 Source Material. It is the customer's responsibility to retain a copy of any image or file supplied. Where you provide Kiwi Office with physical media, Kiwi Office will take all reasonable precautions to protect such items, however, is not liable for any loss or damage.
13.5 Claims. Complaints regarding finished goods must be received by Kiwi Office within a reasonable time. What is a "reasonable time" will depend on the circumstances of each case, however 14 days is to be regarded as the norm.
13.6 Illegal or Libellous Material. Kiwi Office is not required to reproduce any material that is, in the opinion of Kiwi Office, illegal or libellous in nature or that is in breach of any statute. Kiwi Office will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
13.7 Supplier's Liability. Where the customer is a company or a person in trade the Consumer Guarantees Act 1993 will not apply. Kiwi Office will not be liable for any indirect or consequential loss to the customer arising from third party claims occasioned by errors in the work or by delay in delivery. No warranty is given or responsibility accepted by Kiwi Office to ensure that goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods. Compliance with any such legislation is the customer's responsibility.
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