Tekapo Weddings Directory Terms of Trade 

An agreement dated  January 2023

Between Tekapo Weddings Directory, the supplier, ‘Tekapo Weddings’ 

And Vendor, ‘the Customer’ 

[1] Goods  

1.1 The goods are as stipulated on the invoice. 

1.2 Specifications and dimensions referred to in the quote, invoice or contract are estimates only.  Customary tolerances, or reasonable tolerances if customary tolerances are absent, will be  permitted. 

[2] Price 

2.1 Prices quoted are excluding GST and delivery costs unless otherwise stated. 

2.2 All goods sold are subject to GST. 

2.3 Where a proposal is made, or quote given, the price stated will remain valid for a period of 10  working days from the date or the proposal or quote.  

[3] Payment 

3.1 Unless prior arrangement has been made, payment of the purchase price shall be paid to Tekapo Weddings by the 20th of the following month. 

3.2 Interest may be charged on overdue accounts at the rate of 1.5% per month. Interest will be  calculated daily. 

3.3 Where a customer fails to make payment they shall be liable for all expenses, costs and  disbursements incurred by Tekapo Weddings in recovering outstanding monies. This may include debt  collection agency fees and legal costs. 

[4] Delivery 

4.1 Delivery of the goods will be made to the above address unless the customer has instructed Tekapo Weddings otherwise. 

4.2 The Customer is responsible for payment of all associated delivery costs. 

4.3 Tekapo Weddings shall make every effort to ensure delivery of goods within the given timeframe. Where there has been a delay in the delivery, Tekapo Weddings will not be liable for any damage or  consequential loss arising from such a delay.  Tekapo Weddings makes no promise of keeping design files indefinitely.

4.4 The Customer shall be liable for any additional delivery costs where they have requested delivery  outside normal business hours. 

4.5 Goods are deemed to have been delivered when the Customer has taken possession of the goods. If  the Customer fails to accept delivery of the goods, delivery is deemed to have occurred at the time  Tekapo Weddings was willing to deliver them. The Customer is liable to pay any associated costs for  transport or storage which arise from their failure to accept delivery. 

4.6 Upon delivery the Customer must inspect the goods. Where any defects, damage, incorrect  quantities or failure to comply with the description is identified, the Customer must notify Tekapo Weddings within five days of delivery. The Customer shall permit Tekapo Weddings to examine the goods 

within a reasonable time following notice. The Customer must not use the goods before Tekapo Weddings has made its inspection. Failure to comply with this provision will result in the customer  being deemed to have accepted the goods and the goods will be presumed to be free from any  defect or damage which would have been apparent upon reasonable examination of the goods. 

4.7 The client also gives Tekapo Weddings  permission to use the client’s full name, business address, and/or website address, for testimonial purposes on the Tekapo weddings website, or other business related media. 

4.8 DELAYS in delivery due to Illness, injury, or other events beyond Tekapo Weddings control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

[5] Risk 

5.1 The goods remain at the risk of Tekapo Weddings until delivery, whereby the risk passes to the Customer. 

5.2 The goods shall be covered under Tekapo Weddings’s insurance policy until delivery. In the event that  the goods are damaged or destroyed prior to delivery, Tekapo Weddings shall retain all insurance  proceeds payable for the goods. 

[6] Reservation of Title 

6.1 Tekapo Weddings shall retain ownership of the goods until payment is received in full. Ownership of the  goods does not pass with possession of the goods. Tekapo Weddings will register its interest in the  goods on the Personal Property Securities Register. 

6.2 The Customer must store the goods in a manner in which they are able to be identified separately  from the Customer’s other goods. 

6.3 Where the Customer breaches these Terms and payment in full is not received, the Customer  authorises Tekapo Weddings, or its agent, to enter the Customer’s premises and seize the goods. 

6.4 The goods must remain in New Zealand until payment is received in full. 

6.5 By signing this contract, the Customer acknowledges that they understand the nature and effect of  this clause. 

[7] Installation 

7.1 Where the Customer requires Tekapo Weddings to install the goods, the Customer must ensure the  premises are suitable for installation. 

7.2 The Customer will allow reasonable access to the premises to enable installation and ensure all  services and amenities, including power and lighting, are available. 

[8] Liability 

8.1 To the extent permitted by the law, Tekapo Weddings will not be liable to the Customer for indirect  losses, including loss of profit, resulting from a breach of these Terms of Trade by Tekapo Weddings.  

8.2 Any claim which may arise as a result of a breach will be limited to the invoice value of the goods. 

8.3 Tekapo Weddings is not liable for damage caused by the incorrect fitting, servicing or operating of the  goods. 

8.4 Tekapo Weddings is not liable for damage caused by the goods being used in a manner not intended by  Tekapo Weddings. 

[9] Warranty 

9.1 Tekapo Weddings warrants, subject to clause 9.3, that any faulty workmanship of the goods will be  remedied or replaced provided Tekapo Weddings is notified of the fault within one (1) year from the date  of delivery of the goods. 

9.2 The Customer must notify Tekapo Weddings of the defect within seven (7) days of the defect becoming  apparent. 

9.3 The warranty does not apply to damage which may have been caused by: 

9.3.1 The incorrect use of the goods;

9.3.2 Continued use of the goods after the defect has become apparent or would have become  apparent to a reasonably prudent operator or user; 

9.3.3 Failure by the Customer to properly maintain the goods;  

9.3.4 Fair wear and tear, or damage caused by any accident or act of God. 

9.4 Tekapo Weddings’s liability under this clause will be limited in its sole discretion to: 

9.4.1 Restoring the goods in conformity with the written specifications supplied by the Customer;  or 

9.4.2 Replacing the goods. 

9.5 Tekapo Weddings shall specify the place at which the repairs must be done. The Customer is responsible  for arranging delivery of the goods to the specified repairer and will be liable for any costs associated  with delivery. 

9.6 The warranty does not apply where goods have been repaired by any person not authorised by Tekapo Weddings. 

[10] Consumer Guarantees Act 1993 (“CGA”) 

10.1 If the Customer is not a consumer as defined by the CGA and is purchasing goods for the purposes of  trade or business, the Customer agrees that the provisions of the CGA do not apply to the supply of  goods by Tekapo Weddings. 

10.2 For Customers to whom clause 10.1 does not apply, the provisions of the Contract (including these  Terms) will apply only to the extent to which they do not limit or exclude any provision of the CGA  and take effect subject to the provisions of the CGA. 

[11] Privacy 

11.1 Tekapo Weddings is authorised to collect, retain and use personal information about the Customer for  the following purposes: 

11.1.1 To assess the creditworthiness of the Customer; 

11.1.2 To disclose information necessary to recover amounts payable by the Customer by a third  party; 

11.1.3 To provide credit references. 

[12] Vendor Listing Outline

12.1 Agreed listing price for each listing is for 12 months as one featured directory listing on Tekapo Weddings website and additional category fees may apply per listing.

12.2 The 12 months start day of agreed payment

12.3 The customer is to send Tekapo Weddings the required information for the directory listing and social promotions

12.4 Each month the customers business / serve will be featured on the Tekapo Weddings social media. Including but not limited to Instagram profile, Facebook Page and Facebook advertising.

12.5 It is the customers responsibility to provide content to Tekapo Weddings to be featured online

12.6 Tekapo Weddings will not approve content with the customer prior to posting and/or publishing unless the customer specifies prior to Tekapo Weddings publishing.

12.7 any updates to the customers listing throughout the 12 months will be charged at an hourly rate. These edits may be outsourced.

The above Terms of Trade have been read and agreed to by continuing with this purchase you acknowledge that you have read, understood and agree to our Terms of Trade