Supply of Goods/Services
1. Any order once received by the Buyer will deem to be acceptance by the Buyer of these terms.
2. All goods are offered subject to availability.
3. Prices may be subject to change without prior notice.
Terms and Conditions of Payments
4. Payment for the first order of any new customer must be made upfront prior to shipment of goods. All orders from then on will be on credit terms.
5. Full payment must be received by BEERNZ on or before the 20th of the month following the date of the invoice(s) (this includes cheque, cash or direct credit to BEERNZ’s bank account – all funds must be cleared).
6. Statements will be issued, however please maintain your own records.
7. Where full payment is not received by BEERNZ by the due date, BEERNZ reserves the right to charge interest on any outstanding balance at a rate of 5% per month. Such interest shall be payable on demand and accrue on a daily basis from the due date of payment.
8. Unless otherwise specified, freight charges are payable by the Buyer.
9. Goods and Services Tax is payable by the Buyer to BEERNZ on all goods supplied.
10. The Buyer shall be responsible for any costs incurred in collection (or attempt) of any outstanding debt with BEERNZ including any legal costs.
11. Should these terms and conditions of payment not be adhered to, BEERNZ shall immediately cease supply of any goods and request payment be made in advance before supplying any goods in the future.
12. BEERNZ shall be entitled without notice to terminate any credit arrangements with the buyer in the event of the buyer defaulting in any of the terms and conditions contained herein.
Sale and Return
13. BEERNZ and the Buyer may agree an initial trial period of one (1) month or such other term (“Trial Period”). At the expiration of the Trial Period if either party elects not to proceed then the Buyer must, at the request of BEERNZ, return all goods supplied by BEERNZ to BEERNZ and will be entitled to receive a credit to the value of those goods.
Personal Property Security Register
14. Without limiting anything else contained in these conditions the Buyer grants to BEERNZ a security interest in all present and after acquired property and inventory supplied from time to time by BEERNZ to the buyer and the proceeds thereof as security for all amounts payable by the Buyer to BEERNZ.
15. The Buyer:
15.1. Must, upon request, promptly give BEERNZ all assistance and information (which the Buyer warrants is complete, accurate and up to date in all respects) as is necessary to register a financing statement and to meet all other requirements under the PPSA in respect of the personal property to ensure that the security interest constitutes a Perfected Security Interest (as that term is defined in the PPSA) including executing any variations to these terms and conditions of sale reasonably requested by BEERNZ.
15.2. Agrees to BEERNZ registering a financing statement to protect its security interest under these terms and conditions.
15.3. Must not register a financing change statement or a change demand in respect of the personal property (as those terms are defined in PPSA);
15.4. Must give BEERNZ not less than 14 days prior written notice of any change or proposed change in the Buyers’ name, or any other details including, but not limited to, changes in the Buyer’s address, trade name, type of business or contact phone or facsimile number;
15.5. Must pay to BEERNZ promptly on request the cost of registering or subsequently amending the financing statement and the costs of enforcing or attempting to enforce the security interest evidenced by these terms and conditions.
15.6. Agrees that Sections 114(a), 133 and 134 of the PPSA will not apply to the security interest created by these terms and conditions, and agrees to contract out of the Buyers’ rights referred to in Sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA; and
15.7. Waives its rights to receive verification statement under Section 148 of the PPSA.
16. The Buyer will not allow a security interest to be created or registered over the goods in priority to the security interest held by BEERNZ.
17. BEERNZ shall arrange delivery to the Buyer at the Buyer’s cost.
18. BEERNZ will attempt to deliver the goods within the time agreed or estimated but failure to do so shall not give the Buyer any right of repudiation or cancellation of this contract to provide the goods or any right of rejection in respect of goods invoiced or instalments relating to that invoice.
19. Risk in any goods supplied by BEERNZ to the Buyer shall pass to the Buyer on delivery and the Buyer shall insure the goods for their full insurable value from the time they take delivery.
Consumer Guarantees Act
20. The Buyer acknowledges that in the event the goods are being purchased for business purposes, the implied guarantees under the Consumer Guarantees Act 1993 do not apply pursuant to Section 43 of that Act.
Privacy Act 1993 – Credit Information
21. The Buyer authorises any third party at any time to make available to BEERNZ any information required for the purpose of establishing credit worthiness of the Buyer and further authorises BEERNZ to collate and retain such information on the Buyer and to make available such information to any third party enquiring about the credit worthiness of the Buyer.
22. The Buyer may correct any information held by BEERNZ relating to the Buyer’s credit worthiness at any time.
Exclusion of Liability and Indemnity
23. BEERNZ shall be under no liability whatsoever for any defect or defects in the goods provided, or any part thereof due to any cause whatsoever.
24. BEERNZ shall be under no liability to the Buyer (whether in contract, tort or otherwise) for any loss (including but not limited to loss of profits and consequential loss) of any kind whatever arising out of the supply of or failure to supply the goods hereunder.
25. If, notwithstanding clause 22 and 23, BEERNZ is found to be liable to the Buyer in any circumstances then the maximum amount BEERNZ will be liable for to the Buyer under any contract or contract is an amount equal to the lesser of:
25.1. the purchase price of the goods;
25.2. the cost of replacement or repair of the goods; or
25.3. the actual loss or damage suffered.
26. The Buyer shall keep BEERNZ indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature, including without prejudice to the generality to the foregoing, claims for consequential loss (including loss of profits) which may be made against BEERNZ and which BEERNZ may sustain, pay or incur as a result of or in connection with the production, supply, or use of the goods.
27. The Buyer shall store the goods in such a way as to clearly indicate that they are the property of BEERNZ and can be recognised as such if required.
28. Upon default of payment by the Buyer, either before or after any period of credit expires, upon you becoming insolvent or having a receiver appointed or going in to liquidation, BEERNZ or their nominee may enter the premises where the goods are kept and recover possession of the goods. BEERNZ will not be responsible for any damage caused entering the premises and recovering the goods.
29. The Buyer shall store all beer supplied unless otherwise directed in such a manner as to ensure it is presented for resale in the best possible condition (ie in a cool dark location).
Credit Claims and Returns
30. Any claims for credit must be made within 7 (seven) days from date of receipt of the goods and must be submitted on the required BEERNZ Claim Notification form.
31. Any request for credit must include the order number, invoice number, date or receipt and the nature of the claim.
32. BEERNZ shall only issue credit notes for faulty goods, delivery shortages, incorrect supply and incorrect charging but BEERNZ shall be under no obligation to issue a credit note.
33. The Buyer will allow BEERNZ to investigate any claims made by the Buyer.
34. In consideration of BEERNZ supplying goods and services to the Buyer and further in consideration of the nominal payment of $1.00, the Guarantor/s unconditionally guarantee to BEERNZ the due and punctual payment by the Buyer of all moneys in respect of goods and services payable to BEERNZ when the same becomes due and payable by the Buyer.
35. The guarantee shall be a continuing guarantee and shall not be discharged by any settlement of an account.
36. The liability under this guarantee shall not be discharged, abrogated, prejudiced or affected by the granting of time, credit or other indulgence or concession to the Buyer or any alteration, modification, variation or addition to any Agreement in respect of the supply of goods and services or any other act, omission or event which but for these provisions might operate to discharge, impair or otherwise affect the obligations under this guarantee or any of the rights, powers or remedies conferred upon BEERNZ by the guarantee or by the law.
37. Settlement with one guarantor by BEERNZ shall not discharge any other guarantor.