Terms & Conditions
1.1 These Terms and Conditions of Sale apply to all Goods and Services from time to time provided by Kiwi Collections to the purchaser of those goods ("the Buyer").
1.2 In the event that other terms and conditions are imported into any contractual documentation between Kiwi Collections and the Buyer then, unless specifically authorised in writing by a director of Kiwi Collections, these Terms and Conditions of Sale shall prevail.
2.1 Buyers are strongly recommended to place order confirmations in writing. Orders should clearly state the Buyer's particular requirements. Kiwi Collections will not be responsible for errors or omissions due to oversight or to misinterpretation of the Buyer's verbal instructions. Where a client has been provided with a 'print-ready proof for viewing and subsequently confirms acceptance of that proof by email, fax or otherwise in writing, Kiwi Collections will deem such acceptance to be confirmation of the order. Kiwi Collections will not be responsible for any errors in proofreading that the client may make. "Friendly Warning: an Incorrect reading of proofs is the most common error we encounter."
2.2 Quotations are only for work according to original specifications. If through the Buyer's error, or omission, work has to be redone or alterations or additions to specifications are required, then Kiwi Collections may include an additional charge. In the event that an order is cancelled or suspended by the Buyer, then Kiwi Collections may immediately require the Buyer to pay for work done to the date of cancellation or suspension.
2.3 A quotation, unless previously withdrawn, is valid only for 30 days from the date it is given, unless otherwise specifically stated in the quotation form. Following this a new quotation will be required for any goods or services ordered.
2.4 Kiwi Collections reserves the right not to undertake any work which in its opinion is or may be unlawful, offensive, or otherwise inappropriate.
2.5 Where expedited delivery is requested by the Buyer, then an extra charge may be added to the quoted price.
3.1 The prices of goods or services supplied are as shown on Kiwi Collections quotation, acceptance order, invoice, or other documents. Kiwi Collections reserves the right to charge for delivery, in addition to the amount shown in the quotation, acceptance of an order, or other documents.
3.2 Experimental work, preliminary sketches and designs and origination costs produced at the Buyer's request will constitute an order, which will be charged for, even if the job does not proceed further. Sketches and prototypes submitted on a speculative basis shall remain the property of Kiwi Collections and no use of them shall be made, nor shall any idea obtained from them be used by the Buyer. Upon the Buyer making appropriate payment to KIWI COLLECTIONS property in these items shall pass to the Buyer.
3.3 Goods and Services Tax and any other tax duty or impost necessarily incurred (other than Kiwi Collections’ own income tax) in the course of completing the work, shall be payable by the Buyer in addition to the quoted price, payable upon demand.
4.1 Kiwi Collections standard terms of payment are full payment with your online with order unless otherwise arranged,
Risk and Title
5.1 Risk in goods will pass to the Buyer immediately upon delivery. Kiwi Collections will not be responsible for loss or damage to goods in transit, and the Buyer is required to ensure goods against loss or other risks immediately the following dispatch.
5.2 Where the Buyer supplies files, drawings, goods or materials of any kind these shall be held by Kiwi Collections at the Buyer's risk. Whilst all care will be taken by Kiwi Collections, no responsibility is accepted for any damage to materials during such time, and Kiwi Collections reserves the right to dispose of materials if they are not collected by the Buyer within three calendar months after the work is completed.
5.3 Notwithstanding the above title in the goods will not pass to the Buyer until payment in full by the Buyer of all goods and services from time to time supplied by Kiwi Collections to the Buyer. Kiwi Collections's other rights and remedies in respect of this security interest are as specified in Clause 9.10 hereof.
6.1 Whilst all care and attention are undertaken by Kiwi Collections to supply goods or services of the highest quality, and to ensure that all components are purchased from reputable manufacturers, Kiwi Collections does not guarantee the manufacture of such items. Where any defect or alleged defect is beyond the ability of Kiwi Collections to control quality, Kiwi Collections has no liability. Any defects due to faulty workmanship must be notified within 7 days after delivery. Any such defects will, at the discretion of Kiwi Collections, be repaired or replaced free of charge.
6.2 Other than as provided in Subclause 7.1 hereof all warranties, representations or promises howsoever made, whether express or implied by law are excluded and negated. In particular, where the Buyer acquires or holds itself out as acquiring, the goods for the purposes of a business the Consumer Guarantees Act 1993 will not apply.
6.3 Notwithstanding any other provision herein the total liability of Kiwi Collections will at all times be limited to replacing goods or materials or workmanship which is defective to the value received by Kiwi Collections under the relevant contract. No claim for consequential losses or damages of any kind will apply.
6.4 The Buyer will indemnify and hold harmless Kiwi Collections against any losses, liabilities, costs or actions suffered or incurred as a consequence of any third party claiming that work undertaken by Kiwi Collections is offensive or illegal, in breach of any intellectual property right, or other rights which such third party may have.
7.1 If the Buyer is at any time in default of any of its obligations, covenants or agreements under these Terms and Conditions of Sale, then Kiwi Collections may, by notice in writing to the Buyer, terminate any contract.
7.2 In such event the Buyer shall be liable to pay for the cost of any work (including preliminary work) undertaken at that time. Such cost shall be payable as a debt due immediately upon demand.
8.1 Applicable Law/Unenforceability
8.2 The law applying to any contract arising between Kiwi Collections and the Buyer shall be the law of New Zealand.
8.3 In the event that any provision contained in these Terms and Conditions, or in any other collateral agreement or document between Kiwi Collections and the Buyer is deemed illegal or unenforceable, then such provision shall be deemed to be excluded therefrom, but only to the extent required to remedy the illegality or unenforceability, and these terms and conditions, and such collateral document shall in all other respects apply in accordance with their stated terms.
9.1 Kiwi Collections is entitled at any time to assign to any other party all or any part of a debt which is owing to KIWI COLLECTIONS.
9.2 Kiwi Collections may also assign or sub-contract any part of the work which is to be performed under any contract.
9.3 In respect of such assignment (in either case) the assignee shall be entitled to the full rights of Kiwi Collections previously applying.
Authority to Sign
10.1 The person signing any quotation on behalf of the Buyer acknowledges that they have authority to bind the Buyer.
10.2 In the event that, due to an alleged deficiency in such authority, the Buyer is not liable then the person signing will be personally liable for payment of the debt arising.
Intellectual Property Rights
11.1 Unless it is specifically agreed in writing to the contrary Kiwi Collections retains all intellectual property rights, including copyright, patents, registered designs, or protection of confidential information in respect of any works undertaken by Kiwi Collections for the Buyer.
11.2 The Buyer will at all times keep Kiwi Collections advised of any infringement or potential infringement by a third party of Kiwi Collections intellectual property rights.
11.3 The Buyer will also immediately advise Kiwi Collections of any alleged infringement by Kiwi Collections of a third party's intellectual property rights. The Buyer will indemnify and hold harmless Kiwi Collections against any losses, costs, actions or liabilities suffered or incurred as a consequence of such infringement or alleged infringement.
Right of Variation
12.1 Kiwi Collections reserves the right at any time to vary these Terms and Conditions of Sale, by notification to its customers.
13.1 In the event of any dispute arising between KIWI COLLECTIONS and the Buyer, such dispute shall in the first instance be referred to mediation for resolution.
13.2 In the event that resolution by such manner is not achieved to the satisfaction of both parties within 30 days of referral to mediation, then either party may take legal action to resolve the dispute.
13.3 Nothing in this clause prevents Kiwi Collections from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.