Welcome to www.nz.canterbury.com (the “Website”). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.
This Website is operated in NZ by Canterbury of New Zealand Limited (“Canterbury”, or “we” or “us”) and all rights, including copyright, in the content of the Website is owned or controlled by Canterbury.
Canterbury and its affiliates provide access to the Website and sells its products to you subject to the Terms and Conditions set out on this page.
If you have any comments or queries relating to this Website, please use our Contact Us pages.
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
Canterbury may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
2. The Features
The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, and sound files (the “Features”).
3. Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
a) not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
b) not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any user or other party;
c) if you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
d) that all Features will be used entirely at your own risk and Canterbury accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If Canterbury is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Canterbury reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
4. Sending Us Information
We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted Canterbury (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:
a) you have the right to make it available to Canterbury;
b) the Material is not defamatory; and
c) the Material does not infringe any law.
You agree to indemnify Canterbury against all legal fees, damages and other expenses that may be incurred by Canterbury as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
6. Website Content – Accuracy and Permitted Use.
Canterbury makes every effort to ensure that the content of the Website is accurate and up-to-date, but Canterbury does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Canterbury may remove material or Features, from the Website at its own discretion and without any notice.
You are permitted to use the material that is displayed on the Website from time to time only as expressly authorised by Canterbury.
This Website is intended to provide amongst other things, information relating to Canterbury products and is designed for personal, non-commercial use only.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.
7. Copyright, legal statement and database rights
All content and compilation of such content together with all software included on the Website, such as text, graphics, logos, button icons, images and software, is the property of Canterbury or its subsidiaries, its affiliates or its content suppliers and is protected by New Zealand and International laws.
You may not extract and/or re-utilise parts of the contents of the Website without Canterbury’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
Please also refer to our Legal Statement below.
8. Websites/Social Media Profiles We Link To
We are not responsible for websites or social media profiles we link to.
Where the Website contains links to other websites, social media profiles and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, social media profiles or information you may obtain from them.
We have no control over the contents of those websites, social media profiles or resources.
9. Linking to our Website
You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Website other than that set out above, please contact us.
9. Legal Statement
Trade marks - Canterbury®, CCC logo and composite logo and are registered trademarks of Canterbury Limited.
www.nz.canterbury.com is a registered domain name of Canterbury of New Zealand Limited.
We are registered in New Zealand under company number 122438 and have our registered office at 19 Copsey Place, Avondale, Auckland 1026, New Zealand.
10. Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in Canterbury and that these are protected by copyright and other laws and international treaty provisions.
Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Canterbury to do so.
Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
11. Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
While Canterbury takes all reasonable steps to ensure that the Website is properly functioning at all times, Canterbury does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
Canterbury has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Canterbury shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Except in relation to liability for death or personal injury, Canterbury shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including, but not limited to, installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
12. Governing Law
Your use of the Website, any purchase by you on the Website of any products and these Terms and Conditions will be governed by and construed in accordance with the laws of New Zealand and will be deemed to have occurred in New Zealand.
By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the New Zealand courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Information about cookies
We use session cookies that allow you to be remembered within the website, so any page changes or item or data selection you do is recalled from page to page. This means that you don’t get asked the same information that you’ve already given to the site. These cookies are temporary and are erased when you close your browser at the end of your browsing session.
We use tracking cookies. These help us to remember your information and settings when you visit our website in the future. This results in a faster and more convenient access and may enhance your experience of services or functions we offer. These cookies remain on your hard drive until you delete them or they expire (they have varying expiry dates, going up to two years).
We also use web analytics cookies to help us understand what content is most useful to our visitors. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure that users are finding what they need easily.
Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.
Please visit www.aboutcookies.org to find out more about cookies.
14. Site Security
We take the privacy and security of your payment and personal details very seriously. Our site uses high-level SSL encryption technology from DigiCert , one of the most advanced security solutions currently available for online payments.
You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.nz.canterbury.com in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of sale.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material such as ideas, opinions, suggestions, graphics, mixes, pictures or anything else (the “Material”) to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, create derivative works from, distribute and disclose to third parties any such material for any purpose. By submitting Material to this Website you warrant that you have the right to make it available to Canterbury Limited, the Material is not defamatory and the Material does not infringe any law or rights or interests of any 3rd party in any country of the world, in particular that the Material does not plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights in accordance with our Acceptable Use Policy. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
You agree to indemnify Canterbury Limited against all legal fees, damages and other expenses that may be incurred by Canterbury Limited as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request tocustomerservice@Canterbury.com
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
• Purchase or products
• Chat rooms.
• Bulletin boards.
• Prize Draws
• Video clips
• Downloadable content (screensavers, desktops and sound files (the ‘Features’))
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Please read these terms and conditions before purchasing any Canterbury products on the website. By making a purchase, you agree to be bound by these terms and conditions.
1. Your account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure your password is kept confidential and secure, and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure the details you provide are correct and complete, and inform us immediately of any changes to the information provided when you registered.
The website only sells products to individuals who can purchase with a credit card/debit card/PayPal. If you are under eighteen (18), you may use the website only with the permission and supervision of a parent or guardian.
Canterbury reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
3. Our Contract
When you place an order to purchase a product from the website, we will send you an email confirming receipt and containing order details. Your order represents an offer to us to purchase a product, which is accepted when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation email’). Such acceptance will be complete when we send the Order Confirmation email to you. You are seeking to enter into a contract with Canterbury when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by us and we have sent you the confirmation email.
Canterbury will retain the title in the products until full payment has been made by you and has been received by Canterbury.
Canterbury reserves the right to hold any orders prior to shipping for security review. Canterbury only delivers its products to the locations listed on the website. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.
All orders placed on the Canterbury website are made subject to a shipment contract. This means that the risk of loss for such products passes to you upon our delivery to the carrier. If you have received confirmation of shipping but your products have not arrived, please ensure that you have allowed sufficient time according to the estimated delivery times provided to you on your shipping confirmation email.
4. Fraud prevention, fraud screening and age and identity verification checks
By confirming your order, including by taking the positive step of ticking the relevant box on our website, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, its third party payment providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us at [firstname.lastname@example.org.] before you proceed with your purchase.
Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by the Privacy Act 1993 (as amended and/or replaced from time to time). This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us.
As part of this, we may check the following records about you:
• our own records;
• records held by third parties providing services to us; and
• records at fraud prevention agencies (FPAs).
The checks described above may include assessing and verifying identities to prevent and detect fraud. The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).
As explained above, personal information about you may be sent by us to FPAs and recorded by them. In addition, we may give details of the payments you make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise. Records remain on file for up to 6 years after checks are carried out.
If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.
This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs. If you would like to obtain full details about this, please contact us at [email@example.com.].
We will endeavour to deliver all products ordered within 30 (thirty) days from the date of your order confirmation email. Please click here to view our delivery details and charges (if applicable).
All products purchased from the website are made pursuant to a shipment contract. This means that the risk of loss for such products will pass to you when we deliver your product(s) to the address you gave us or you (or, in limited circumstances, a carrier organised by you) collects the product(s) from us. You will be responsible for the product(s) once they are in your physical possession or once they have been delivered in accordance with the delivery instructions. If you have received your order confirmation email but your products have not arrived within the time specified in the Order Confirmation email, please contact us and we will do our best to assist. Please allow an additional day before raising a query during exceptionally busy periods (e.g. Christmas) or when the weather is particularly adverse.
If your order has not been received within the specified timescales as further set out below, in the first instance please check whether your local mail delivery office is holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.
You can only return Canterbury products that have been purchased directly through this website. Canterbury products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased. We no longer offer exchanges for product. If a customer wishes to exchange an item they must purchase the item they want to secure stock and then send the original item back to us. Once the original item has been received, we will process the refund.
If you are not happy with your Canterbury products, please follow our Returns Policy, so that we can assist you in refunding your order. Canterbury reserves the right to reject the return of products that are not returned in accordance with our Delivery and Returns Policy Procedure and we may request that you pay for delivery charges to return such goods back to you. Our returns policy does not affect your statutory rights.
If you are returning goods, you are responsible for the cost of returning them to us.
We will not refund the original delivery charge in the case of returns.
In the case of returns, you will only be refunded the value of the goods ordered.
We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
This Returns Procedure does not affect any of your other statutory rights.
Conditions for all returns
All goods must be returned to us unused, unworn and together with all tags attached (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of a tracked parcel service, such as New Zealand Post's CourierPost service.
Returns forms can be generated from your Canterbury Account within 30 days of purchase. To return items, simply fill out the form as instructed, include it in the package and attach the label to the outside of the package then post it back to us.
If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please do accept our apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself. Please note that the return postage refund will be sent to the original payment method used to place the order. Please allow up to thirty (30) days for your refund to be processed.
7. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the website and say that you wish to make a complaint. Our aim is to respond to your complaint within fourteen (14) working days, either resolving the complaint, or with a timescale for resolution.
8. Pricing, availability and promotions
All prices are quoted in New Zealand Dollars and are inclusive of GST (where applicable) unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
Promotions and discount vouchers, also known as promo codes and coupon codes, cannot be applied to products which are on sale or sold as clearance.
When ordering products from the website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over them and cannot predict what they may be.
Customs policies vary widely by country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received.
Your privacy is important and we know you care about how order information is used and shared. International customers and customers dispatching products internationally should be aware that cross-border deliveries can be opened and inspected by customs authorities.
10. Disclaimer and limitation of liability
This website is provided by Canterbury on an “as is” and “as available” basis. Canterbury makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this website. It is expressly agreed by you that your use of this website is at your sole risk.
Canterbury disclaims all warranties, express or implied, including to, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Canterbury does not warrant that this website, its servers, or e-mail by us are free of viruses or other harmful components.
Canterbury will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you might have additional rights.
11. Electronic communications
When you visit the website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any dispute relating to your visit to the website or to products you purchase through the website may be submitted to the Courts of New Zealand, except that, to the extent you have in any manner violated or threatened to violate Canterbury’s intellectual property rights, Canterbury may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
13. Alteration of service or amendments to the conditions
We reserve the right to make changes to our Website, policies and these Terms and Conditions of Sale at any time.
Your usage of the website and your orders will be subject to the policies and Terms and Conditions of sale in force at the time that you use the website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these terms and conditions of sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
14. Events beyond our reasonable control
Canterbury will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing law and jurisdiction
Your use of the website, any purchase by you on the website of any products and these conditions will be governed by and construed in accordance with the laws of New Zealand and will be deemed to have occurred in New Zealand. You agree, as we do, to submit to the non-exclusive jurisdiction of the New Zealand courts.
Your statutory rights are not affected by these terms and conditions of sale.
17. Re-Sale of products
Products sold on our website are not eligible for resale. A maximum of 5x units per order applies.
18. Our Details
nz.canterbury.com is a site operated by Canterbury of New Zealand Limited ("We"). We are registered in New Zealand under company number 122438 and have our registered office at 19 Copsey Place, Avondale, Auckland 1026, New Zealand.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
Canterbury Win $1,000 Wardrobe Competition
Terms and Conditions of Participation Schedule
Promotion: ‘Canterbury Win $1,000 Wardrobe Competition’
Promoter: Canterbury of New Zealand, GST 10-834-104, 19 Copsey Place, Avondale, Auckland 1026
Promotional Period: 10:00am (AEST) 14 September 2020 until 11:59pm (AEST) 11 October 2020.
Eligible Entrants: Entry is only open to residents of Australia and New Zealand who are 16 and over.
How to Enter: Eligible Entrants must sign up to Canterbury of New Zealand’s database by completing the sign-up form. Details to be provided included Name, Gender & Email Address between the dates of Monday 14 September – Sunday 11 October 2020.
Number of this prize:
Win $1,000 worth of Canterbury products of your choice (redeemable via e-commerce channel only)
Random selection of Eligible Entrants
No part of the Prize is exchangeable, redeemable for cash or any other prize or transferable.
Winner Notification: The Winner will be notified by email within two (2) weeks of the Promotion closing.
Unclaimed Prizes: In the event of an unclaimed Prize, the Promoter may at its discretion select at random another Eligible Entrant or withdraw the prize unrewarded. The Promoter is under no obligation to award any unclaimed prize.
Terms and Conditions
1. The Entrant agrees and acknowledges that they have read these Conditions of Entry and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry.
2. Employees (and the immediate family members) of agencies/companies associated with this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. Distributors of Canterbury are also not eligible to enter.
3. To enter, Eligible Entrants must successfully sign up to Canterbury Australia and / or Canterbury of New Zealand’s database by completing the sign-up form provided. Details will include their name, gender & email address between the dates of Monday 14 September and Sunday 11 October 2020.
4. The Prize will be awarded to the owner of the email address provided in the entry. If there is a dispute about identifying or verifying the Entrant or winner the Promoter reserves the right to refuse the prize. The Prize may be altered or varied at the Promoter’s sole discretion and substituted with a prize, which, in the Promoter’s sole opinion, is a suitable alternative. No cash alternatives are available. The Prize is non-transferable and may not be sold, offered for sale, coupled or bundled with any other product or services or used for any commercial or promotional purposes whatsoever.
5. The Winner will have until 24th April 2021 (6 months after winner announcement) to redeem their prize before the online voucher expires.
a. The Winner will be selected at random out of the eligible entrants.
b. The judges' decision is final, and binding and no correspondence will be entered into.
7. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regard to the tax implications relating to the prize or acceptance of the prize.
8. Entrants warrant, represent and undertake that (i) they have all necessary rights, permissions and consents to submit the Entry into these Terms and Conditions. Entrants shall hold harmless and shall indemnify and keep indemnified the Promoter against any loss, damage, costs or expense (including reasonable legal fees) arising out of any breach of this warranty, representation and undertaking.
9. The Promoter reserves the right to amend these Terms and Conditions and/or cancel the Promotion at its sole discretion.
10. To the maximum extent permitted by law, the Promoter and its related entities shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons or property which may be sustained in connection with receipt, ownership and/or use of this Prize.
11. By entering this Promotion, entrants agree to be bound by these Terms and Conditions.
Canterbury ("We") are committed to protecting and respecting your privacy.
For the purpose of the Privacy Act 1993 (the Act), the agency collecting your information is Canterbury of New Zealand Limited. We are registered in New Zealand under company number 122438 and have our registered office at 19 Copsey Place, Avondale, Auckland 1026, New Zealand.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
• Information that you provide by filling in forms on the following site: www.nz.canterbury.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material, creating or updating your personal profile, take part in a prize draw or competition, newsletters or exclusive offers via email or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Canterbury, and when you report a problem with our site.
• If you contact us, we may keep a record of that correspondence.
• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
• Details of transactions you carry out through our site and of the fulfilment of your orders.
• Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We may collect your details off other platforms such as Meta: Google or Instagram & Tik Toks as part of a competition however we will clearly state in the Terms and Conditions if this is the case.
WHAT DO WE DO WITH THE INFORMATION?
Canterbury will require you to provide particular personal information such as credit / debit card details and your billing address for the purposes of completing your order. We will only use this information for the purposes of managing your order or your usage of the Website.
Providing additional personal information is up to you. We collect personal information to enter you into contests and notify you of results, to e-mail you with updates, news and special offers, to respond to your questions or comments, to register you for certain features on the Website.
Canterbury (and those people or companies employed or engaged by Canterbury who help make this Website, its content and its services) will process and use your personal information in order to respond to your feedback – like responding to problems, improving our services and gearing what we do to suit our requirements further.
Beyond this we will not share your information with any other company without your consent unless we are required to do so by law, if you have won a prize or if you have made a request for specific information. If you give us consent then we may share your information with our partners, subsidiaries or related companies in order that they can contact you with information, promotions, products, services, and offers that may be interesting to you.
We will never sell your information to any other company.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
INFORMATION ABOUT COOKIES
We use session cookies that allow you to be remembered within the website, so any page changes or item or data selection you do is recalled from page to page. This means that you don’t get asked the same information that you’ve already given to the site. These cookies are temporary and are erased when you close your browser at the end of your surfing session.
We use tracking cookies. These help us to remember your information and settings when you visit our website in the future. This results in a faster and more convenient access and may enhance your experience of services or functions we offer. These cookies remain on your hard drive until you delete them or they expire (they have varying expiry dates, going up to two years). These cookies are also used to help us identify our web site visitors across external platforms such as Facebook where we engage in advertising practices which may be applicable to you.
We also use web analytics cookies to help us understand what content is most useful to our visitors. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure that users are finding what they need easily.
Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.
Please visit www.aboutcookies.org to find out more about cookies.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
• To ensure that content from our site is presented in the most effective manner for you and for your computer.
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
We will only contact you by electronic means (email or SMS) if you have consented to be contacted in this way. We will always comply with applicable laws, including the Privacy Act 1993 and the Unsolicited Electronic Messages Act 2007. If at any time you would like to stop us contacting you in via electronic means, you can unsubscribe either by using the links in the emails that we send or by contacting us at Canterbury of New Zealand Ltd (Head Office) 19 Copsey Place, Avondale, Auckland. 1026
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in Auckland). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 5 of the Companies Act 1993.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Canterbury or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes and we will always comply with applicable law, including the Privacy Act 1993 and the Unsolicited Electronic Messages Act 2007. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Customer Services, Canterbury of New Zealand Ltd (Head Office) 19 Copsey Place, Avondale, Auckland. 1026.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
HOW TO UNSUBSCRIBE
Our policy is to allow users to unsubscribe from our regular emails at any time. You can do this by clicking on the Unsubscribe link at the bottom of the email you’ve received. Should you experience any problems please call our Customer Service Team who will assist you.
If you have asked us to stop sending emails and this hasn’t happened it may be because the email address to which we are sending them is not the same as the address you sent your request from. Please check the address we are using and include this information in your request. The easiest way to do this is to return to us the whole of the unwanted email. The address we are sending to is included within the message.
ACCESS TO INFORMATION
The Act gives you the right to access and correct information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $10 to meet our costs in providing you with details of the information we hold about you.
CANTERBURY OF NEW ZEALAND LTD
TERMS OF TRADE
1. TERMS OF CONTRACT
1.1 Canterbury of New Zealand Limited (“the Seller”) will supply Goods to the purchaser (“the Buyer”) on these Terms of Trade unless the Seller agrees in writing to change them.
1.2 The Seller will not be bound by any conditions included in the Buyer’s Order unless it accepts them in writing.
1.3 If the Seller does not accept any conditions included in the Buyer’s order and the Buyer accepts delivery of Goods delivered under the order, the acceptance of delivery by the Buyer will be deemed to be acceptance by the Buyer of these Terms of Trade notwithstanding anything that may be stated to the contrary in the Buyer’s inquiries or on the Buyer’s order.
1.4 The Seller has the right to not accept any order or to cancel any orders, which it has accepted if due to circumstances beyond the Seller’s control it would be impractical or uneconomic to fill the order.
2.1 Unless otherwise agreed in writing the price for the Goods is stated in New Zealand dollars and shall be the current wholesale price charged by the Seller at the date of delivery.
2.2 Unless otherwise agreed in writing the price includes the cost of delivery by the normal road, rail, sea and air transport used by the Seller. The additional cost of any special delivery or any special packaging requested by the Buyer may be added to the price.
2.3 Quoted prices may be altered at any time before delivery if wages, salaries, costs of raw materials, freight charges, duty and/or exchange rates fluctuate before delivery.
3.1 Unless otherwise agreed in writing the Buyer must pay for the Goods by no later than the 20th day of the month following despatch of the Goods from the Seller’s premises.
3.2 Failure to pay for Goods by the due date may result in further deliveries being stopped until the overdue payments have been made. The Seller reserves the right to request from the Buyer such guarantee or security as it may think desirable to secure to the Seller all sums due by the Buyer and may refuse to supply further Goods to the Buyer until such security is given.
3.3 In the event of late payments (and to enable the extra costs incurred by the Seller arising from late payment to be recovered) the Seller may charge interest on a daily basis to the Buyer at a rate equal to 5% per annum over the Seller’s bank overdraft rate from time to time, until the overdue amounts are paid, with the interest accruing after as well as before any judgement which the Seller may obtain against the Buyer. The Buyer will also be liable to pay all of the Seller’s expenses and legal costs incurred in obtaining a remedy for the Buyer’s failure to pay for the Goods when due.
3.4 The Buyer may not set off against the price payable for the Goods any claims, which the Buyer might have against the Seller.
3.5 The Seller may accept and apply payments from the Buyer in respect of any indebtedness and the Seller will not be bound by any conditions or qualifications attaching to such payments.
3.6 The Seller may set off against any moneys owed by the Seller to the Buyer any moneys which the Buyer owes to any subsidiary or related companies of the Seller so that the obligation of the Seller to the Buyer shall be to pay the net balance only. If any of the Seller’s subsidiary or related companies owe moneys to the Buyer then they may set off against such moneys any moneys owed by the Buyer to the Seller in respect of any Goods and shall only be liable to pay the net balance and the Buyer agrees that this provision is made for the benefit of such subsidiary and related companies of the Seller and may be enforced directly by them in their own respective names.
4. RISK AND OWNERSHIP
4.1 All risk in the Goods will pass to the Buyer upon delivery.
4.2 Even if risk has passed ownership in the Goods will not pass to the Buyer until the Buyer has paid all indebtedness of the Buyer to the Seller.
4.3 Until the Buyer has paid for the Goods in full:
a) The Buyer holds the Goods as fiduciary for the Seller and will deal with them as agent for and on behalf of the Seller (but will not hold itself out as the Seller’s agent to any third parties).
b) If directed by the Seller the Buyer will store the Goods so that they can be clearly recognised as the property of the Seller.
c) If the Buyer resells the Goods the proceeds of any resale will belong to the Seller and the Buyer will pay the same into a separate account for which separate records are kept and all claims which the Buyer holds against third parties will be handed over to the Seller.
d) The Buyer irrevocably gives the Seller and its agents the right to enter the Buyer’s premises without giving notice and to remove any of the Goods and resell them.
e) If any of the Goods become part of a product or mass (through, or by whatever process) such that the identity of those Goods is lost in the product or mass, the security interest created by this clause continues in the product or mass in accordance with the PPSA;
f) If any of the Goods are installed in, or affixed to, and become an accession to, other Goods, the security interest continues in the accession in accordance with the PPSA;
g) Failure by the Buyer, either to store the Goods as required in clause 4.3(b) or to separately account for the sale proceeds under clause 4.3(c) will not prejudice the Seller’s claim to the Goods or the sale proceeds.
5.1 Delivery shall be made in accordance with the provisions contained in any Customer Service Policy, which the Seller may publish from time to time. Delivery shall be deemed to be completed upon receipt of the Goods by a carrier for delivery to the Buyer.
5.2 The Seller will use best endeavours to see that deliveries are made according to schedule but any period or dates quoted for delivery are approximate only. The Seller will not be responsible for delivery delays due to causes beyond its control. Transportation will be arranged by the Seller unless otherwise agreed.
5.3 Good may be delivered in instalments.
5.4 Any one order for less than $600.00 worth of Goods will incur a handling fee.
6.1 Subject to the following clauses the Seller warrants that the Goods are manufactured in accordance with the usual practices of the clothing or textile industry and are free from all defects in workmanship and materials.
6.2 No warranty is given and the Seller shall not be liable:
a) In respect of Goods which have been designated “seconds”, “mediums”, “clearings” or “specials”.
b) For loss caused by any factors beyond the Sellers control.
c) For failure to deliver the Goods by any specified dates.
d) For any indirect or consequential loss of any kind.
6.3 The Seller’s total liability for defective or damaged Goods is limited at the Seller’s option to either:
a) Replacing the defective or damaged Goods: or
b) Refunding the price of the defective or damaged Goods. Except under clauses 6.1 and 6.3 the Seller has no liability for the Goods and gives no representations or warranties in relation to them. All other warranties expressed or implied by law are excluded.
7.1 The Seller will at its option either replace defective goods or give a credit or refund for them as long as the Buyer’s claims has specifically identified the Goods and the defect and the Buyer returns the defective Goods to the Seller in their delivered state within 21 days after delivery.
7.2 Goods must be returned freight paid and the Buyer can claim for any reasonable freight charges
7.3 The Buyer shall have no claim in relation to Goods, which it has processed, altered or utilised.
8.1 Unless otherwise agreed the Goods are being sold by the Seller to the Buyer for the direct sale to the public from a site or sites previously approved by the Seller. The Buyer may not:
a) Appoint anyone to resell the Goods; or
b) Sell the Goods to anyone who or which intends to resell the Goods; or
c) Sell the Goods to the public other than from retail sites previously approved by the Seller. The Seller reserves the right in respect of any particular supply of Goods to require that such Goods are only sold on a retail site nominated by the Seller; or
d) Re-sell any Goods to the Buyer’s customers based outside of New Zealand; or
e) Re-sell any Goods within New Zealand where, to the Buyers knowledge, such Goods are intended for re-sale or distribution outside of New Zealand; or
f) Embroider or affix any unauthorised logos, marks, names, emblems, designs, badges or depictions to the Goods without the prior written consent of the Seller.
9.1 The Buyer may not cancel any order or part of it without the Seller’s written consent. As a condition of giving such consent the Seller may require that it be reimbursed for the cost of reallocating labour and materials and other direct or indirect costs incurred by the Seller to the date of cancellation.
9.2 The Seller shall be entitled without liability to the Buyer to cancel any order or delivery of an order if;
a) The Buyer becomes insolvent, enters into a scheme of arrangement with creditors (otherwise that with the consent of the Seller) or the Buyer ceases or threatens to cease to carry on all or a material part of its business or if the Buyer is a company it has a receiver appointed in respect of all or any of its assets, or an order is made or other steps are taken for the dissolution of the Buyer.
b) The Seller or Buyer is refused any required licences or permits in respect of the Goods.
c) The Buyer breaches any term of these terms of trade.
10. PRIVACY ACT
10.1 The Seller retains the right to seek information about the Buyer from any source the Seller considers appropriate from time to time as and when the Seller considers necessary, and the Buyer consents to the disclosure of credit information about the Buyer to the Seller from any source.
10.2 The Buyer consents to the Seller disclosing information held about the Buyer to any company in the Pentland Group Limited (“Pentland”) group or any marketing or promotions agency or company employed by them, and to the Seller and/or any company in the Pentland group using information held about the Buyer to enable the Seller and any company in the Pentland group or any marketing or promotions agency or company employed by them to provide the Buyer with information relating to Canterbury products or services.
10.3 The Seller retains the right, in the event the Buyer fails to pay for any goods, to provide details of the Buyer and the Buyer’s debt(s) to any entity the Seller chooses for the purposes of collection. Information about either individuals supplied by the Buyer has been disclosed to the Seller with their consent.
10.4 The Buyer understands that the Buyer is entitled to have access to and request the correction of information held by the Seller and the names and addresses of the entities (if any) and the companies to which the Seller has disclosed information about the Buyer.
11. CONSUMER GUARANTEES ACT
11.1 These terms and conditions have been prepared on the basis that the supply of Goods under these terms and conditions are outside the ambit of the Consumer Guarantees Act 1993 (“the CG Act”). In the event the CG Act is determined by the courts of New Zealand to apply to any particular supply of Goods then:
(a) With respect to that supply of such Goods to non domestic users, the CG Act shall not apply pursuant to section 43 of the CG Act.
(b) With respect to the supply of such Goods to domestic users, the CG Act shall apply and shall expressly override any of the terms and conditions inconsistent with it.
11.2 Where the Buyer is supplying Goods to non domestic users, The buyer shall contract out of the CG Act and the Buyer shall indemnify the Seller in respect of any failure to comply with this provision.
12. PERSONAL PROPERTY SECURITIES ACT 1999
Without limiting anything else in these terms the Buyer acknowledges and agrees that:
(a) These Terms create in favour of the Seller, a security interest in all present and after acquired Goods (being for the avoidance of doubt, all the Buyer’s present personal property and after acquired personal property except for any item of personal property which has not (or which is exclusively the proceeds of any item of personal property which has not) been supplied by the Seller to (or for the account of) the Buyer) to secure the payment by the Buyer to the Seller of all indebtedness of the Buyer to the Seller.
(b) These Terms shall apply notwithstanding anything, express or implied, to the contrary contained in the Buyer’s order; and
(c) the security interest continues until the Seller gives a final release.
12.2 Financing statement
The Buyer undertakes to:
(a) sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to enable the Seller to perfect and maintain the perfection of its security interest (including by registering a financial statement and financing change statement);
(b) not register a financing change statement or a change demand in respect of the Goods (as those terms are
defined in the PPSA) without our prior written consent; and
(c) give the Seller not less than 14 days prior written notice of any proposed change in the Buyer’s name and/or any other change in the Buyer’s details (including, but not limited to, changes in the Buyer’s address, facsimile number, trading name or business practice).
12.3 Waiver and Contracting Out
(a) Unless otherwise agreed to in writing by the Seller the Buyer waives the right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
(b) To the maximum extent permitted by law, the Buyer waives its rights and, with our agreement, contract out its rights under the sections referred to in section 107(2)(c), (d), (h) and (i) of the PPSA.
(c) The Buyer agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these Terms and, with the Seller’s agreement, contract out of such sections.
(d) The Buyer and Seller agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods if and only for as long as the Seller is not the secured party with priority over all other secured parties in respect of those Goods.
12.4 Defined Terms:
“Goods” means all Goods supplied from time to time by the Seller to the Buyer, provided that:
(a) where the Goods supplied are the Buyer’s Inventory, then all references to Goods in these Terms shall, in respect of those Goods, be read as references to Inventory; and
(b) where the Goods supplied are not Inventory then all references to Goods in these Terms shall, in respect of those Goods, mean the Goods described in any one or more of the relevant order form, packing slip or invoice (or its equivalent, whatever called) relating to those Goods, on the basis that each such order form, packing slip or invoice (or its equivalent) shall be deemed to be incorporated in, and form part of, these Terms.
“Inventory” has the meaning given to that term in the PPSA.
“PPSA” means the Personal Property Securities Act 1999 as amended or substituted from time to time.
“Terms” means these terms of trade.
Unless the context otherwise requires, words and phrases shall have the meanings given to them in, or by virtue of, the PPSA.
13.1 If the Seller waives any breach of these Terms of Trade by the Buyer the waiver will not affect the Seller’s right to exercise its rights under these Terms of Trade at any future time.
13.2 Each clause in these Terms of Trade is severable and if any clause is held to be illegal or unenforceable then the remaining clauses will remain in full force and effect.
13.3 Governing Law
These Terms of Trade shall be interpreted in accordance with and governed by the laws of New Zealand. The New Zealand courts shall have exclusive jurisdiction over any dispute in relation to the Goods.
13.4 Any Customer Service Policy which the Seller may publish and distribute to the Buyer may be altered by the Seller at any time without reference to the Buyer. Except as provided in these Terms of trade the terms of the Customer Service Policy shall not constitute binding obligations of the Seller.