(I) All agreements whether made in writing or verbally for supply of goods by Te Puke Nurseries Ltd (hereinafter referred to as “TPN”) to any customer shall be subject to these Terms which shall constitute the Contract between TPN and the customer.
(II) Failure by TPN to insist upon strict performance of these Terms or to exercise any of its rights shall not be deemed to be a waiver of any breach of any term, condition or right.
(III) Where a customer is breach of any obligation under this contract, TPN may, at their discretion, suspend or cancel the performance of its obligations under this contract.
(I) The price specified as the price of the goods at the date of the contract is calculated on the then-current cost of labour, materials, insurance, levies, charges and rates.
(II) Where the cost to any such item to TPN increased between the date of the contract and the date of delivery of the goods, the price may be increased at TPN absolute discretion to include the amount by which such increase in costs shall be apportioned to the supply of the Customer together with such further increment as may be necessary to preserve TPN gross profit margin on the increased amount of the contract.
(III) All prices quoted are for collection from TPN nurseries at Paengaroa.
(IV) Additional services (which may include but are not limited to freight, Chemical dipping or spraying against pathogens where requested or advisable, virus or PSA testing, cool storage, processing amended or cancelled orders, transferring orders between Customers at Customers request etc. are chargeable in addition to the quoted price.
(I) All prices quoted do not include GST. GST (if any) is payable by the Customer in addition to the purchase price quoted. Inland Revenue Department regulations require that the full GST content or any order must be paid at the time the initial deposit invoice is due.
(I) A non-refundable deposit of 30% of the Order Value or such other percentage as required by TPN at TPN sole discretion shall be paid by the due date specified in the Deposit Invoice. No order shall be produced or supplied unless the deposit has been paid unless TPN agrees otherwise.
(II) The balance of the purchase price shall be paid on delivery of the goods or on the Customer being notified that the goods are ready for delivery or collection (whichever is the earlier) or by the due date specified on TPN final invoice. Payments shall be without deduction or set-off.
(III) Penalty interest may be charged at the rate of 5% per month compounding (such rate being reviewable without notice). All cost and expenses incurred by TPN due to such suspension and recommencement of obligations shall be payable by the Customer on demand.
(IV) The Customer shall pay or reimburse TPN all cost and expenses in recovering or attempting to recover any amount overdue for payment including legal costs on a solicitor/client basis and/ or debt collection agency charges, including the solicitor/client costs of obtaining judgment against the Customer in a disputed matter. Such costs and expenses shall bear interest at the rate of 1.5% per month compounding from the date incurred until the date upon which the Customer pays or reimburses TPN for the same.
(V) TPN may at TPN discretion apply any payment made by a Customer to any debt on that Customers account ledger.
(I) If the deposit referred to in clause 4 is not paid by the due date TPN may at TPN discretion transfer the goods to another Customers order and/or cancel the contract.
When visiting, please ensure your clothes and vehicles are free of plant material.
Kiwifruit are KVH Certified
Sign up to our mailing list.