Terms And Conditions

TERMS AND CONDITIONS OF SALE AND SUPPLY
1. The term Kiwi Timber Supplies Limited (“Kiwi”) also refers to any person, firm, company or corporate entity associated with Kiwi. The provisions of this Agreement include the terms herein together with any invoice or other document associated with the provision of Goods to the Customer and shall be given a large and liberal interpretation in favour of Kiwi.

2. The term \"Customer\" includes the Customer named in the invoice/statement and the Customer's, executors, administrators, successors and assigns and to any person, firm, company or corporate entity associated with the Customer.

3. The term \"the Goods\" refers to the Goods, products, materials or substances supplied by Kiwi to the Customer and includes services relating to such supply wherever appropriate including but not limited to the costs of delivery.

4. Any quotation for the supply of Goods and/or services by Kiwi is valid for a maximum period of thirty days from the date of quotation. The Agreement shall arise upon acceptance by the Customer of the quotation and Kiwi’s acceptance of the Customer's order and shall be subject to the terms of this Agreement.


5. Any quotation is based upon rates and conditions ruling at the date of the quotation unless otherwise specified. Any variation in exchange rates, costs of labour, transport, freight, insurance, duty, Goods and services tax and other taxes or levies between the date of quotation and the date of delivery shall be for the Customer's account and shall be added to and form Part of the purchase price.


6. All prices are to be \"plus GST\". The Customer shall pay Goods and services tax at the applicable rate in addition to all sums specified.

7. Payment in respect of the purchase of Goods is due and payable to Kiwi account at: National Bank: 06-0317-0868940-00 as follows:
a) 25% deposit payable upon placement and acceptance of the order; and
b) the balance shall is due and payable on or before the 20th of the month following the issue of an invoice, (such dates to be called \"the Payment Dates\").

8. If the Customer defaults in any payment the Customer shall pay interest of 2% per calendar month on any arrears computed from the Payment Date until the date when such payment together with all interest outstanding is paid in full. In addition the Customer shall pay the full costs (include legal costs) incurred by Kiwi in collecting such payments and remedying the Customer's default. The Customer shall not be entitled to withhold any payment or to make any deduction for any reason whatsoever.

9. Delivery of any Goods shall be made to the place indicated on the quotation or by the Customer uplifting the Goods from Kiwi.

10. If any time for delivery shall be stated in the quotation such time shall be approximate only and shall not be deemed to be the essence of the Agreement. Late delivery of all or part of the Goods shall not entitle the customer to repudiate the contract.




11. Risk in the Goods shall pass to the Customer on delivery of the Goods, however ownership in the Goods shall only pass the Customer upon full payment of the price and any default interest owing by the Customer to Kiwi. Receipt by Kiwi of any cheque, bill of exchange or promissory note shall not be deemed to be payment until payment is met or honoured and the Customer is deemed to act as bailee for Kiwi in respect of the Goods and retention of title in the Goods created by this clause is a “security interest”, as defined in the Personal Property Securities Act 1999 (PPSA), over all Goods and inventory supplied by Kiwi to the Customer.


12. Kiwi is entitled at any time to register a security interest over any Goods being supplied to the Customer. For the purposes of registration the description of the Goods shall be the timber supplies and any other Goods supplied by Kiwi to the Customer at the date of PPSA registration. Should at any time the nature or description of Goods supplied by Kiwi to the Customer change, Kiwi shall be entitled to register subsequent security interests to ensure the security interest includes any such new types of Goods supplied. The Customer shall reimburse Kiwi for all costs associated with registration, maintenance and release of all financing statements related to PPSA registration under this Agreement

13. Should Kiwi elect to register the security interest, the Customer agrees:

a.To provide all necessary information requested by Kiwi to assist in the registration of the security interest,
b.Not to create any further security interests over any Goods subject to this security interest,
c.To notify Kiwi within 5 days of any intended change of the Customer’s name, and
d.To waive any requirement to be provided with verification statements recording registration.

14. To the extent permitted by law any and all conditions, warranties, representations, and agreements whether expressed or implied by law, trade custom or otherwise are hereby expressly excluded. The liability of Kiwi whether in this Agreement or in tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect or non-compliance of the materials and/or services supplied is limited to replacement or repair of such defective or non-complying materials. Kiwi shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever, nor shall Kiwi be liable for any damage or loss caused by the Customer's servants, agents, or other persons whomsoever.

15. The benefit of any warranty shall only be available to the Customer subject to proper storage and usage in a tradesmanlike manner

16. No agent or representative of Kiwi is authorised to make any representations, statements, conditions or agreements not expressly confirmed by Kiwi in writing and Kiwi is in no way bound by any such unauthorised statement nor shall any such statements be or be capable of forming part of the Agreement with Kiwi or be collateral to this Agreement.

17. Any addition or variation to these terms and conditions of sale shall be in writing signed by both Parties and if not in writing any such additional variation shall at Kiwi's option be unenforceable against it.

18. Where the Customer is a limited liability company or other corporation, each of the directors thereof shall, upon demand, and in writing, interpose and bind themselves as sureties and co-principal debtors with the Customer, jointly and severally, for the due and punctual Payment of all monies and the performance of all obligations of the Customer arising out of the Agreement.

19. The Customer acknowledges that the above terms and conditions of sale and supply shall apply to all Agreements and transactions between Kiwi and the Customer.

20. The Customer authorises Kiwi to obtain at any time from any person or entity any information Kiwi may require to process and/or accept any application for credit the Customer may make to Kiwi or to perform or complete any of the other purposes for which the Customer has provided personal information to Kiwi. The Customer authorises any such person to release to Kiwi any personal information that that person holds concerning the Customer.

22. The moneys owed by the customer to Kiwi shall immediately become due and payable and Kiwi shall have the right to forthwith cancel this Agreement (without prejudice to any other of its rights) if the Customer ceases or threatens to cease to carry on business; enters into any negotiations for any arrangement or composition with its creditors; becomes bankrupt or commits an available act of bankruptcy or and if a company, proceedings are taken for liquidation of the Customer;


23. Any court order or stature declaring terms in this Agreement are void or unenforceable shall not render the remainder of this Agreement void or unenforceable.