Terms & Conditions
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TERMS AND CONDITIONS OF BUSINESS

1  Binding agreement
 
Unless otherwise agreed in writing, the Customer will be bound by these terms and conditions if the Customer places an order with the Seller (Safka Limited) and it is accepted by the Seller. The Seller is not bound by any terms and conditions contained in any document issued by the Customer.  The Seller’s quotation, order form and these terms and conditions constitute the entire agreement between the Seller and the Customer for each order.

2  Customer’s order
 
2.1  Once the Seller has accepted an order, it cannot be cancelled by the Customer without the Seller's approval.
 
2.2  The supply of goods is subject to availability.  The Seller reserves the right to suspend or discontinue the supply of goods to the Customer. If the Seller is unable to supply all of the Customer’s order, these terms and conditions continue to apply to any part of the order supplied.
 
3  Selling price
 
Where a valid written quotation or electronic order has been given by the Seller, the selling price is the price specified in the quotation or electronic order. In any other case, the Seller’s selling price is the price specified in the price list as at the date of dispatch.  Unless otherwise stated, the selling price includes GST. All prices are subject to any variation in exchange rates, customs duty, taxes, freight, insurance and the selling prices of the Company’s suppliers’, which occur before delivery of the goods unless otherwise agreed in writing.  The Seller may charge a reasonable delivery fee for all orders delivered to the Customer.

5  Delivery time and place
 
The time of delivery in any quotation represents the time at which the goods are to be ready for dispatch from the Seller’s premises and further time is to be allowed to cover transit to points of delivery.  If a delivery date is specified, the Seller will use its best endeavours to make delivery on the specified date. That date is an estimate only and the Seller is not liable for any loss or damage sustained by the Customer or any person due to delay in delivery.

6  Force majeure and weather
 
If, for any cause, beyond the Seller's control, including without limitation, any act of God, war, strike, lock out, industrial dispute, governmental or semi-governmental award, enactment priority or restriction, fire, flood, storm or tempest, delay in obtaining licenses, transport, labour or materials, accidents, damage to the Seller's works or business or those of its suppliers, the Seller is prevented from making delivery or performance at the time stipulated, the Seller will be entitled at its option either to extend the time for delivery or performance for a reasonable period or to terminate the order.  In those circumstances, the Customer does not have any claim for damages and agrees to pay for all deliveries made prior to the date of termination and all expenses incurred and monies paid by the Seller in connection with the order.

We cannot be held responsible for heat damage to products and/or packaging in transit. Please check weather conditions when ordering heat sensitive or refrigerated items.

7  Returning goods
 
The Customer must inspect the goods immediately following delivery. A written claim must be received within 7 days after delivery of the goods.
Any faulty product will be replaced free of charge excluding delivery costs. Unfortunately we can not accept returns of perishable items, unless there has been a mistake in the delivery.

8  Consumer Guarantees Act 1993  If the Customer is acquiring the goods for the purposes of business, then to the extent permitted by law, all the guarantees and remedies in the Consumer Guarantees Act 1993 (or its replacement) are excluded.

9  Governing law and overdue payments 

The laws of New Zealand apply to these terms and conditions and any account opened in the name of the Customer.
The parties irrevocably submit to the jurisdiction of the appropriate court convenient to the Seller in respect of any claims, proceedings and matters arising out of or in respect of these terms and conditions.

All costs incurred in the recovery of overdue payments or accounts will be added to the total amount owed.

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