These terms and conditions of trade apply to all our Sale of Goods and Services Contracts. Any order placed with Living Wisdom Bay of Plenty (“Our”, “Us”, “We”, or “Living Wisdom Bay of Plenty”) by you (“You” or “Customer”) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Living Wisdom Bay of Plenty (including an order) are hereby objected to and will not bind Living Wisdom Bay of Plenty unless Living Wisdom Bay of Plenty agrees in writing. No salesperson, representative or agent is authorised by Living Wisdom Bay of Plenty to give any guarantee, warranty or representation in addition to, or contrary to these terms.
In any event, receipt of goods or services by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
1. Sales and Purchase
1.1 Your placement of an order and/or appointment booking with us (“Order”) constitutes an offer by you to purchase goods or services from us on these terms. The Order is placed when it is submitted to us and a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
2. Price and price variation
2.1 Prices quoted are excluding GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods and services will be the current price on the day of order. We may change our prices from time to time without notice.
3.1 Living Wisdom Bay of Plenty reserves the right to suspend delivery of further goods and services if the terms of payment are not strictly adhered to by the Customer.
3.2 Interest may be charged on overdue accounts at a rate of 2.5% over bank rate.
3.3 Any expenses, costs or disbursements incurred by Living Wisdom Bay of Plenty in recovering any outstanding monies including debt collection agency fees or solicitor’s costs shall be paid by the Customer.
3.4 You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
4. Privacy Act 1993
4.1 The Customer authorises Living Wisdom Bay of Plenty to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
(a) assessing the Customer’s creditworthiness.
(b) disclosing to a third party details of this application and any subsequent dealings it may have with Living Wisdom Bay of Plenty for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) marketing goods and services provided by Living Wisdom Bay of Plenty to the Customer.
4.2 The Customer, if an individual, has a right of access to information about the Customer held by Living Wisdom Bay of Plenty. The Customer may request correction of that information and may require that the request be stored with that information. Living Wisdom Bay of Plenty may charge reasonable costs for providing access to that information.
5. Customer’s Liability & Default
5.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other breach of any of the Customer’s obligations under the contract; or
(b) suffer execution under any judgment; or
(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
Living Wisdom Bay of Plenty (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Living Wisdom Bay of Plenty may otherwise possess.
6. Variations to Terms and Conditions of Trade
6.1 Living Wisdom Bay of Plenty may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer.
7. Governing Law
7.1 These terms of trade are governed by the laws of New Zealand.
7.2 Living Wisdom Bay of Plenty and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.