Consumer Guarantees Act

Where goods are not supplied for personal, domestic or household use or consumption, or are acquired by the customer for resupply in trade, or are consumed in the course of a process of production or manufacture or are acquired for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 (CGA) shall not apply and are hereby excluded. 

Where the CGA does not apply the customer is specifically advised that any right to reject goods under the CGA shall not apply if:

  • the right is not exercised within a reasonable time; or
  • the goods have been disposed of by the customer or have been lost while in the possession of a person other than Kii Tahi Nursery & Land Care or its agent; or
  • the goods are damaged after delivery to the customer for reasons not related to their state or condition at the time of supply.

Where the customer resells goods or product from the goods in trade for the purpose of business supply the customer will include a clause in the contact of supply in the same or similar terms of this clause. 

Other rights of Kii Tahi Nursery & Land Care

If:

  • the customer breaches any of these terms of supply; or
  • the customer becomes bankrupt, insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to make an arrangement with its creditors, has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management, then:
  • Kii Tahi Nursery & Land Care may cancel or suspend any outstanding order with the Customer (without affecting any other rights of Kii Tahi Nursery & Land Care ); and
  • all amounts owing to Kii Tahi Nursery & Land Care, whether due for payment or not, will immediately become due and payable; and
  • all costs incurred by Kii Tahi Nursery & Land Care as a result of the cancellation or suspension of any order will be payable by the Customer, and will become immediately due and payable; and
  • Kii Tahi Nursery & Land Care may remove any goods in the customer's possession or control and dispose of them or retain them for its own benefit and for that purpose the Kii Tahi Nursery & Land Care may, subject to the Credit (Repossession) Act 1997, without notice, enter, directly or by its agents upon any premises where it believes goods may be stored, without in any way being liable to any person.

If at any time Kii Tahi Nursery & Land Care does not enforce any of these terms of supply or grants the Customer time or other indulgence, Kii Tahi Nursery & Land Care will not be construed as having waived that term or its rights to later enforce that or any other term.

Where any provision of these terms of supply is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other provision of these terms of supply.

 

Lower Kaharoa Road, PO Box 45, PATEA | Phone: 06 273 6000 | Fax: 06 273 6015 | Email:  This e-mail address is being protected from spam bots, you need JavaScript enabled to view it