Terms & Conditions of Trade – Goods

1. Definitions

Account – The Customer’s account with the Vendor.

Customer – Any person or entity placing an Order, including anyone acting with authority on their behalf.

Goods – Products supplied by the Vendor at any time.

Guarantor – Any party providing a guarantee for the Customer’s Account.

Order / Orders – Requests by the Customer for the supply of Goods.

PPSA – Personal Property Securities Act 1999.

Vendor – First Aid Kits Online.

2. Orders

Orders must be submitted in the form or manner required by the Vendor.

3. Acceptance

Placing an Order constitutes acceptance of these Terms and Conditions of Trade.

4. Prices

Prices may change without notice. Orders are charged at the price applicable on the date of delivery. GST is charged at the rate set by New Zealand law.

5. Delivery

Delivery will occur at the address specified in the Order. If no delivery address is provided, delivery will be made to the Customer’s physical address.

6. Time of Performance

Delivery dates are estimates only. The Vendor is not liable for delays, and Orders cannot be cancelled due to delayed delivery. Delivery to a carrier is deemed delivery to the Customer.

7. Terms of Payment

a. Pre‑payment

Payment is required before an Order is confirmed unless otherwise agreed.

b. Credit Terms (if approved)

• Payment is due on the 20th of the month following supply.
• Credit may be revoked at any time.
• Administration fees may apply to overdue accounts.
• All costs incurred due to Customer default (including debt collection and legal fees) are payable by the Customer.
• If the Customer becomes insolvent or enters liquidation, all outstanding amounts become immediately due and Orders may be cancelled.

8. Quotation

• Valid for 30 days unless stated otherwise.
• GST excluded unless specified.
• Quotations may be altered due to circumstances beyond the Vendor’s control.

9. Errors or Omissions

Clerical or computational errors may be corrected.

10. Risk

Risk passes to the Customer upon dispatch. The Customer remains liable for payment despite any loss or damage after dispatch.

11. Ownership

• Ownership remains with the Vendor until full payment is received.
• If Goods are incorporated into other goods, ownership of the resulting goods remains with the Vendor until payment is made.
• The Vendor may stop Goods in transit and retrieve them.

The Customer must:

• Keep Goods identifiable as Vendor property.
• Ensure proceeds of any resale belong to the Vendor until payment is made.

13. Merger with Other Goods

If Goods are incorporated into other property, title in the new goods is assigned to the Vendor as security until full payment is made.

14. Recovery of Goods

If payment is overdue:

• The Vendor may enter premises (Customer or third‑party) to recover Goods.
• The Customer warrants authority to permit such entry.
• Recovered Goods may be resold, and any shortfall remains payable by the Customer.

15. Warranties

• No warranty is given unless specified.
• Manufacturer warranties apply where relevant.
• Claims for defective Goods must be made within seven days of delivery.

16. Compliance

The Customer is responsible for obtaining permits and complying with all laws relating to the use of Goods.

17. Cancellation

Orders may only be cancelled as permitted under these Terms.

18. Returns & Exchanges

Faulty or damaged Goods

If Goods are faulty or damaged, the Vendor will offer a repair, replacement, or refund.

Change‑of‑mind returns

If the Customer wishes to return Goods for any other reason, they must contact: [email protected]

Return conditions

• Goods must be unused, complete, and in original packaging.
• Returns must be received within 14 days of delivery.
• The Customer is responsible for return shipping costs.
• Returns not meeting these conditions may be rejected.

Once received, Goods will be inspected and the Customer will be notified of the outcome.

20. Events of Default

All payments become immediately due if:

• A receiver is appointed over Customer assets.
• The Customer enters liquidation.
• The Customer suspends payments or enters a creditor arrangement.
• The Customer becomes insolvent.

21. Liability

• Liability is limited to the value of the Order.
• Statutory rights under the Fair Trading Act, Consumer Guarantees Act, and Sale of Goods Act apply only to the extent they cannot be excluded.
• The Vendor is not liable for consequential or indirect loss.

22. Suitability of Goods

The Customer is responsible for ensuring Goods are fit for their intended purpose.

23. Dimensions & Specifications

Dimensions and specifications in catalogues or publications are estimates only.

24. Assignment

• The Customer may not assign rights or obligations without Vendor consent.
• The Vendor may assign any debt owed to it.

25. Disputes

• Disputes must first be referred to mediation.
• If unresolved after 30 days, either party may take legal action.
• The Vendor may take legal action at any time to recover debts.

26. Notices

Notices are served as provided under section 152 of the Property Law Act 1952 or by facsimile.

27. Validity

Invalid provisions do not affect the remainder of these Terms.

28. Changes to Terms

• The Vendor may refuse Orders at any time.
• Having an Account does not guarantee credit.
• Failure to enforce any term is not a waiver.
• The Vendor may amend these Terms by written notice; changes take effect 14 days after notice.

29. Force Majeure

Neither party is liable for breaches caused by events beyond reasonable control.

30. Entire Agreement

These Terms constitute the entire agreement between the Vendor and the Customer.

31. Other Agreements

If inconsistent with any Customer Order or arrangement, these Terms prevail unless agreed otherwise in writing.

32. Governing Law

These Terms are governed by New Zealand law. Disputes are subject to the exclusive jurisdiction of New Zealand courts.

33. Privacy Policy

Customer information is handled in accordance with the Vendor’s Privacy Policy.