Terms of trade
REAL FOODS LIMITED TERMS OF TRADE
By placing an order with Real Foods Limited (“the Supplier”) the customer named in the order or account application (the “Customer”) agrees to these Terms of Trade. The Supplier may alter these Terms of Trade from time to time by posting the amended terms on its website at www.realfoods.co.nz. By continuing to place orders with the Supplier the Customer accepts the amended Terms of Trade.
1. PAYMENT
Following despatch of goods to the Customer the Supplier will invoice the Customer for the goods supplied. The Customer must pay the invoice by the 20th day of the month following the date of the Supplier’s invoice or as otherwise advised by the Supplier (“Due Date”). If payment is not made by the Due Date the Supplier reserves the right to cease providing further goods without notice, and to take steps to recover the outstanding payment. The Customer must pay all expenses (including legal costs) incurred by the Supplier as a result of the Customer’s default. The Supplier is entitled to charge interest on any overdue account at the indicator leading rate plus 5% (the rate ruling on the Due Date would apply).
2. CREDIT
In its sole discretion, the Supplier may withdraw any credit provided to any Customer without prior notice or explanation.
3. PRICE
The price of goods will be that at the date of the invoice plus all such taxes and levies as may be payable thereon.
4. CLAIMS/DAMAGE
All claims are to be emailed to creditclaims@realfoods.co.nz within seven days of receipt of goods detailing the reason for the claim, the invoice number the claim relates to and relevant photos in support of the claim.
All returns should be made in the original packing after authorisation from the Supplier (and the method of return agreed upon).
All consignments should be counted and checked for damage and/or shortage on receipt from the carrier. Any damage and/or shortage must be endorsed on the carrier’s consignment note along with the name of the Customer’s employee and their signature.
5. RISK
The Customer bears the risk of any loss or deterioration of the goods from the time the Supplier makes delivery of the goods.
6. RESERVATION OF TITLE
Title to the goods will not pass until they have been fully paid for.
Until the goods have been fully paid for, the Customer will hold the goods as bailee pending resale and will resell them as the Suppliers’ agent (provided that vis-à-vis any third party the Customer will be deemed to be acting as a principal).
The Customer acknowledges that the Supplier may register a financing statement on the Personal Property Securities Register in respect of goods supplied to the Customer.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
The Customer acknowledges that the guarantees in the Consumer Guarantees Act 1993 will not apply as the Customer has acquired the goods for business purposes.
Subject only to the preceding sentences, to the fullest extent permitted by law the Supplier will not be liable for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of goods. Where liability cannot be excluded, the Supplier’s liability will be limited to the cost of the defective goods. The Supplier may, at its option, replace the defective goods or provide the Customer with a refund of the price of those goods.
The Supplier will not be liable if it is unable or declines to provide goods ordered by the Customer for any reason whatsoever.
8. APPLICABLE LAWS AND CONFLICT
These Terms of Trade will be governed by New Zealand law.
If any of these Terms of Trade conflict with any relevant Customer terms and conditions, these Terms of Trade will prevail.