Terms of Trade
PEEL AWAY NZ LIMITED
Phone: 0800 787 472
Email: john@peelaway.co.nz
1. Interpretation and Definitions
1.1 Interpretation
These terms of trade are binding on both PEEL AWAY NZ LIMITED ("the Company") and the purchaser ("the Buyer") and are intended to benefit the Company and its successors and assigns.
1.2 Definitions
- "The Company" means PEEL AWAY NZ LIMITED.
- "The Buyer" refers to any individual or business purchasing products or services from the Company.
- "Goods" means Peel Away products and any other goods supplied by the Company.
- "Contract" refers to any agreement for the supply of Goods between the Company and the Buyer.
- "Contract Price" means the total price payable for the Goods as agreed upon.
- "Quotation" means any price offer issued for a specified quantity and time period.
2. Quotation
2.1 All quotations are valid for 30 days from the date of issue unless otherwise stated.
2.2 Quotations are subject to confirmation if the Buyer does not place an order within 30 days.
2.3 Any variations in quantity or specification may result in an adjusted price.
3. Acceptance
3.1 Placing an order constitutes acceptance of these Terms of Trade.
3.2 No verbal promises or conditions are binding unless confirmed in writing by the Company.
3.3 Orders may only be cancelled or varied by written agreement from the Company.
4. Terms and Conditions
These Terms apply to all future orders placed by the Buyer after being notified, whether by email, post or displayed online.
5. Price
5.1 Prices are based on current rates and may vary without notice.
5.2 All prices are exclusive of GST and delivery unless specified.
5.3 Payment is due as stated on the invoice - if not stated, then due on delivery.
5.4 The Company reserves the right to amend pricing for custom or bulk orders.
6. Tolerances
6.1 Variations in packaging weight, dimensions or application performance are subject to acceptable industry standards.
7. Order Amendments
7.1 Changes to orders for non-manufactured items must be requested prior to dispatch and are subject to Company approval.
7.2 Changes to made-to-order products may incur additional fees or lead times.
8. Cancellations & Deferments
8.1 Orders may be cancelled prior to dispatch subject to Company approval.
8.2 Cancelled orders may incur restocking or administration fees.
8.3 Deferred orders are subject to acceptance and possible re-quotation at current pricing.
9. Delivery
9.1 Delivery occurs once goods are handed to the carrier or Buyer.
9.2 Delivery costs are payable by the Buyer and shown on the invoice.
9.3 Delays due to third-party carriers or unforeseen events do not warrant cancellation.
9.4 Title of goods passes only after full payment is received.
9.5 Risk of goods passing on delivery.
10. Payment & Late Payment
10.1 Payment must be made by the due date specified on the invoice.
10.2 Late payments incur interest at 18% per annum, calculated daily.
10.3 All costs related to debt recovery are payable by the Buyer.
10.4 PEEL AWAY NZ LIMITED may suspend further deliveries for non-payment.
10.5 A $50 admin fee or 10% of the overdue balance (whichever is greater) may apply if unpaid after 60 days.
11. Governing Law & Disputes
11.1 These Terms are governed by New Zealand law.
11.2 Disputes shall be resolved amicably where possible before resorting to legal proceedings.
11.3 Any proceedings must be filed in the jurisdiction closest to the Company's registered office.
12. Ownership & Title
12.1 Legal title to the Goods remains with the Company until payment is received in full.
12.2 The Buyer must store Goods separately and clearly identify them as PEEL AWAY NZ LIMITED's property until full payment is made.
13. Personal Property Securities Act 1999
13.1 These Terms constitute a security agreement under the PPSA.
13.2 The Company retains a security interest in all goods supplied until full payment is received.
13.3 The Buyer waives the right to receive verification statements under the PPSA.
14. Warranty
14.1 The Company warrants its products for 30 days after installation against defects in materials or workmanship.
14.2 Warranty is void if the products are tampered with, misused, or altered without authorisation.
14.3 The Company may repair, replace or refund at its sole discretion.
15. Liability
15.1 The Company is not liable for any indirect or consequential loss arising from the use of its products.
15.2 The total liability shall not exceed the purchase price of the goods supplied.
16. Intellectual Property
16.1 All intellectual property, including content, trademarks, packaging, and product formulas, remains the property of PEEL AWAY NZ LIMITED.
17. Waiver & Assignment
17.1 Failure to enforce any clause does not waive the Company's rights.
17.2 The Buyer may not assign rights under the contract without written consent from the Company.
18. Consumer Guarantees Act 1993
18.1 If the Buyer is acquiring goods for business purposes, the Consumer Guarantees Act does not apply.
19. Privacy Act 2020
19.1 The Buyer agrees that the Company may collect and use personal information for the purpose of conducting business, managing accounts, and marketing.
19.2 The Buyer may request access to or correction of personal information in accordance with the Privacy Act.