Terms of service

1.      Goods

1.1.   The Goods (including any incidental supply of services) shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by BBQ Butcher (hereinafter referred to as the Supplier) to the Customer.

2.      Price and Payment

2.1.   The Price shall be as indicated on invoices provided by the Supplier to the Customer in respect of the Goods supplied.

2.2.   Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated, then payment shall be on delivery of the Goods.

2.3.   The Price shall be increased by the amount of any GST and other taxes and duties, which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Supplier.

3.      Default & consequences of default

3.1.   Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

3.2.   If the Customer owes the Supplier any money the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).

3.3.   Upon the occurrence of any Termination Event the Supplier may:

3.3.1.      cancel all outstanding contracts with the Customer;

3.3.2.      enter into any premises where the Goods supplied by it are located, and repossess and sell such Goods to recover moneys owed to the Supplier;

3.3.3.      the Supplier may recover possession of any Goods in transit whether or not delivery has occurred;

3.3.4.      retain all monies paid;

3.3.5.      require that all monies invoiced to the Customer become immediately due and payable;

3.3.6.      suspend further deliveries to the Customer;

3.3.7.      exercise its rights under any guarantee or other security granted in favour of the Supplier in connection with the Goods;

3.3.8.      and recover from the Customer any loss of profits arising from such cancellation.

3.4.   Cancellation will not affect any of the Supplier's accrued rights under these Terms.

3.5.   The Supplier will not be liable for any loss or damage whatsoever arising from such cancellation.

4.      Title and risk

4.1.   The Supplier and the Customer agree that ownership of the Goods shall not pass until:

4.1.1.      the Customer has paid the Supplier all amounts owing to the Supplier in respect of the Goods; and

4.1.2.      the Customer has met all its other obligations to the Supplier in respect of the Goods.

4.2.   The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand.

4.3.   Risk in the Goods passes to the Customer on delivery of the Goods to the Customer or the Customer’s agent.

5.      Claims

5.1.   Any claim by the Customer in respect of the Goods must be notified in writing to the Supplier within 2 days of delivery of the Goods and must otherwise be made in accordance with the Supplier’s claim procedure as notified from time to time by the Supplier. The Supplier will not be liable for any claim unless notice is given within the required period and the claim procedure is followed.

5.2.   Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is accepted by the Supplier in accordance with these Conditions, the Supplier shall be entitled to replace the Goods (or the part in question) free of charge or, at the Supplier’s sole discretion, refund to the Customer the Price (or a proportionate part of the Price), but the Supplier shall have no further liability to the Customer.

6.      Personal Property Securities Act 1999 (“PPSA”)

6.1.   Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:

6.1.1.      these terms and conditions constitute a security agreement for the purposes of the PPSA; and

6.1.2.      a security interest is taken in all Goods previously supplied by the Supplier to the Customer (if any) and all Goods that will be supplied in the future by the Supplier to the Customer.

6.2.   The Customer undertakes to:

6.2.1.      sign any further documents and/or provide any further information (such information to be complete, accurate and up to date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

6.2.2.      indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;

6.2.3.      not register a financing change statement or a change demand without the prior written consent of the Supplier; and

6.2.4.      immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

6.3.   The Supplier and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

6.4.   The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

6.5.   Unless otherwise agreed to in writing by the Supplier, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

6.6.   The Customer shall unconditionally ratify any actions taken by the Supplier under clauses 1 to 6.5.

7.      Privacy Act 1993

7.1.   The Customer authorises BBQ Butcher Ltd to:

7.1.1.      access, collect, retain and use any information about the Customer;

7.1.1.1.            (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or

7.1.1.2.            for the purpose of marketing products and services to the Customer.

7.1.2.      Disclose information about the Customer, whether collected by the Supplier from the Customer directly or obtained by the Supplier from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.

7.2.   Where the Customer is an individual the authorities under clause 1 are authorities or consents for the purposes of the Privacy Act 1993.

7.3.   The Customer shall have the right to request the Supplier for a copy of the information about the Customer retained by the Supplier and the right to request the Supplier to correct any incorrect information about the Customer held by the Supplier.

8.      Exclusions and limits of supplier’s liability

8.1.   To the fullest extent permitted by law, all warranties, conditions, guarantees or representations in respect of the Goods implied by statute or common law into the contract for the supply of the Goods are excluded. If the Customer is acquiring, or holds itself out as acquiring, the Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Supplier to the Customer.

8.2.   The Customer shall keep from harm and indemnify the Supplier against all claims made by third parties against the Supplier in connection with the on-sale of the Goods by the Customer whether such claims arise from any action, inaction or negligence of the Customer or otherwise.

8.3.   The Customer acknowledges that in the event that the Supplier is found to be liable to the Customer in connection with the supply of the Goods, then the remedy of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods. The Supplier shall be under no liability whatever to the Customer for any indirect loss or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of the contract for the supply of the Goods.

9.      Use of Trademarks

9.1.   If expressly consented to by the Supplier in writing, the Customer may use the Trademarks for the purpose of promoting the ability to purchase the goods from the Customer including but not limited to BBQ Butcher, Carrara 640, Ebony Black Angus and The BBQ Butcher NZ.

9.2.   The Customer must not, by virtue of this clause, obtain or claim any right, title or interest in or to the Trademarks except the rights of use as are specifically set out in these Terms, and hereby acknowledges and agrees that the benefit of all such use shall at all times ensure to the Supplier.

9.3.   The Customer must use the Trademarks in the form supplied or stipulated by the Supplier and strictly in accordance with the Visual Guidelines.

9.4.   If the Visual Guidelines are amended, the Customer must comply with the amended Visual Guidelines as soon as reasonably practicable and in any event within three (3) months after being notified of the amended Visual Guidelines by the Supplier.

9.5.   The Customer must not use the Trademarks in any way which would: allow them to become generic, lose their distinctiveness, become liable to mislead the public; or be materially detrimental to, or inconsistent with the good name, goodwill, reputation and image of the Supplier.

9.6.   The Customer shall permit the Supplier or its authorised representative on request to audit the use of the Trademarks in connection with these Terms.

10.  Infringement of Trademarks

10.1.  If the Customer learns of any actual, threatened or suspected infringement of the Trademarks or of any action detrimental to the Trademarks or of any third party allegation that the Trademarks are liable to cause deception or confusion to the public the Customer shall immediately (and without delay) notify the Supplier giving full particulars of such circumstances.

10.2. The Supplier shall have the conduct of all proceedings relating to the Trademarks and shall in its sole discretion decide what action (including litigation, arbitration or compromise) if any to take in respect of any infringement or alleged infringement of the Trademarks or passing off or any other claim or counterclaim brought or threatened in respect of the use of the Trademarks.

10.3. The Supplier shall not be obliged to bring or defend any proceedings whether for infringement or otherwise in relation to the Trademarks if it decides in its sole discretion not to do so.

10.4. The Customer will at the request of the Supplier give cooperation to the Supplier in any action, claim or proceedings brought or threatened in respect of the Trademarks and the Supplier shall meet all reasonable expenses incurred by the Customer in giving such assistance which are payable to third parties.