These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with “Kiwi Hygiene Supplies Limited” by you (You or  the “Customer”) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with “Kiwi Hygiene Supplies Limited”  (including an order) are hereby objected to and will not bind  “Kiwi Hygiene Supplies Limited” unless “Kiwi Hygiene Supplies Limited”  agrees in writing. No sales person, representative or agent is authorised by “Kiwi Hygiene Supplies Limited”  to give any guarantee, warranty or representation in addition to, or contrary to these terms.

1. Sales and Purchase

1.1 Your placement of an order with “Kiwi Hygiene Supplies Limited” (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 GST 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, unless stipulated in our policy or offer, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order. North or South Island.

2.2  “Kiwi Hygiene Supplies Limited” 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 Hygiene Supplies Limited” 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 fulfill the obligations under the contract or any action or inaction by the Customer or other circumstances beyond Kiwi Hygiene Supplies control;

(b) variation in the cost of “Kiwi Hygiene Supplies Limited”  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 Hygiene Supplies Limited”  or any of its representative.

3. Payment

3.1  “Kiwi Hygiene Supplies Limited” 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 bank rate.

3.3 Any expenses, costs or disbursements incurred by “Kiwi Hygiene Supplies Limited” 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 ACCOUNT HOLDERS ONLY”

3.5 Unless otherwise agreed, the purchase price shall be paid to “Kiwi Hygiene Supplies Limited”  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, 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 Hygiene Supplies Limited”  attention immediately as it is discovered and a letter of explanation setting out the particulars of the dispute is sent to” Kiwi Hygiene Supplies Limited”   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 Hygiene Supplies Limited”  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.

4. Delivery

4.1  “Kiwi Hygiene Supplies Limited” shall deliver the goods to the address stated on the order or as agreed by ” Kiwi Hygiene Supplies Limited”  in writing.

4.2  “Kiwi Hygiene Supplies Limited” shall deliver the goods by such carrier and such form of transport ” Kiwi Hygiene Supplies Limited”  consider to be appropriate.

4.3 The Customer agrees to inform “Kiwi Hygiene Supplies Limited”  within 21 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with  “Kiwi Hygiene Supplies Limited” for proof of delivery.

4.4 “Kiwi Hygiene Supplies Limited”  will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond  ” Kiwi Hygiene Supplies Limited” control.

“Kiwi Hygiene Supplies Limited” shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.

6. Intellectual Property

6.1 Where “Kiwi Hygiene Supplies Limited”  has followed a design or instruction given by the Customer, the Customer shall indemnify ” Kiwi Hygiene Supplies Limited”  against all damages, penalties, costs and expenses of  “Kiwi Hygiene Supplies Limited” or in respect of which ” Kiwi Hygiene Supplies Limited” may become liable through any work required to be done in accordance with these instructions involving an infringement of a patent, trademark, registered design or common law right.

6.2 Should “Kiwi Hygiene Supplies Limited”  be required to match any shade or colour, a light and dark tolerance shall be allowed to such an extent as shall be agreed by ” Kiwi Hygiene Supplies Limited”  and the Customer at the time the standard colour is specified and in the absence of any agreement a reasonable tolerance shall be allowed.

6.3 Where the Customer supplies a mould, die, tool, printing plate or any other item used in the manufacturing process the Customer shall reimburse “Kiwi Hygiene Supplies Limited”  for all maintenance expenses. “Kiwi Hygiene Supplies Limited” shall not be liable for any loss or damage to moulds, dies, tools or materials supplied by the Customer to “Kiwi Hygiene Supplies Limited”  for the purposes of fulfilling any contract.

6.4 Printing plates, stereos, film, artwork and all other equipment for specific use in the manufacture of the goods (other than those supplied by the Customer) remain the property of “Kiwi Hygiene Supplies Limited” or its supplier.

6.5 All information prepared by ” Kiwi Hygiene Supplies Limited”  including, without limitation, customised pricing, proposals, website content, and details of improvements and cost reductions, is the intellectual property of” Kiwi Hygiene Supplies Limited” and cannot be copied, altered or distributed without “Kiwi Hygiene Supplies Limited”  prior written consent “Kiwi Hygiene Supplies Limited” will not be liable for any alterations made by you.

7. Return of Goods

7.1 Subject to clause 10.1, “Kiwi Hygiene Supplies Limited” will not accept the return of goods for credit or any other purpose unless “Kiwi Hygiene Supplies Limited”  agrees to accept the return of the goods. Return of goods will only be accepted for credit within 14 days of delivery, unless due to ” Kiwi Hygiene Supplies Limited” error, “Kiwi Hygiene Supplies Limited” reserves the right to charge for returned goods, excepting for when there has been an error on “Kiwi Hygiene Supplies Limited”  part.

7.2 No returned goods shall be accepted by “Kiwi Hygiene Supplies Limited” (even if “Kiwi Hygiene Supplies Limited” agree to do so) if they have been tampered with by you the customer, and are not as new, if they are goods expressly sold on a non-return basis.

8. Risk

8.1 Risk in the goods shall pass to you THE CUSTOMER at the time when our obligations under the contract are deemed under clause 4 to be completed.

9. Guarantees

Money-Back Guarantee

9.1  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 goods expressly sold on a non-return basis, and non-standard products sourced specifically for you. Delivery charges will not be refunded and in some instances you may be charged for collection.

Defective / non-conforming goods

9.2 Subject to the money-back guarantee in clause 9.1, where the goods are of a kind ordinarily acquired for personal, domestic or household use or 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 Hygiene Supplies Limited”  will repair or replace those goods;

(b) without excluding “Kiwi Hygiene Supplies Limited” obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that “Kiwi Hygiene Supplies Limited”  does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by “Kiwi Hygiene Supplies Limited”  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 Hygiene Supplies Limited”  prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as  “Kiwi Hygiene Supplies Limited” requires, and the Customer agrees to indemnify “Kiwi Hygiene Supplies Limited” against any liability or cost incurred by “Kiwi Hygiene Supplies Limited” under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.

9.3 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 Hygiene Supplies Limited”  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 Hygiene Supplies Limited”  in writing within fourteen days following delivery and “Kiwi Hygiene Supplies Limited”  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 Hygiene Supplies Limited”  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 Hygiene Supplies Limited” 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 Hygiene Supplies Limited”  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 Hygiene Supplies Limited”  against any such claim.

(e) in any event, “Kiwi Hygiene Supplies Limited”  liability under any claim shall not exceed the price of the goods.

9.4 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 & Default

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 Hygiene Supplies Limited”  (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 Hygiene Supplies Limited”  may otherwise possess.

11. Variations to Terms and Conditions of Trade

11.1  “Kiwi Hygiene Supplies Limited” 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 Hygiene Supplies Limited” shall not make any variation to the nature or extent of the Security Interest granted by the Customer in clause 8.1 without the written agreement of the Customer.

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