TERMS AND CONDITIONS
The Customer (the person making an Order and any person acting with ostensible authority on behalf of the party named as the Customer) agrees that all trading with BLACK PINEAPPLE DIRECT LIMITED will be on the terms set out below:
1.1 In these Terms and Conditions:
(a) “Agreement” means any order relating to the Goods and Services, and these Terms and Conditions.
(b) “We” or “Us” means BLACK PINEAPPLE DIRECT LIMITED of 2 Kingsland Terrace, Kingsland, Auckland, 1021 , New Zealand and its successors and assigns. (c) “Goods” means all alcoholic and non-alcoholic drinks, containers, and vessels and all associated goods and services provided by us, together with all ancillary items that are required for the products to be utilised.
(d) “You” means the Customer, person, firm, company, or entity buying Services from us. (e) “Services” means all Services We will supply to you under a proposal, order or invoice which are ancillary to the supply of Goods.
2.1 Price plus tax: You will pay the price indicated on the invoice, order form or other similar document issued by us (“Price”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.
2.2 Quotation: Any quotation we have made for the supply of Goods or Services constitutes an invitation to treat and not a binding offer. All quotations lapse after 5 working days but We reserve the right to change or withdraw any quotation without notice at any time.
2.3 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.]
2.4 Cancellation: Where cancellation occurs any deposit paid may be refunded at our sole discretion. No refund will be made where cancellation occurs within 24 hours of the time set for performance of the Services.
3.1 You will pay your account on or before the 20th day of the month following the order. 3.2 Acceleration: Notwithstanding such credit period, full payment for all unpaid Goods and Services will become due immediately upon:
(a) You or any guarantor becoming insolvent or bankrupt;
(b) The commencement of any act or proceeding in which your or any guarantor’s insolvency is involved; or
(c) You or any guarantor resolving to wind up or being ordered to be wound up or having a receiver, liquidator of official manager appointed in respect of all or any of your assets; or
(d) You or any guarantor ceasing to trade.
4.1 Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available You will indemnify us against all loss, costs and expenses, including debt collection costs and legal costs on a solicitor/client basis, which We may suffer or incur as a result of any failure by you to make due and punctual payment.]
- PERFORMANCE OF THE GOODS OR SERVICES
5.1 Time: We undertake to use reasonable endeavours to deliver the Goods and Services within the time specified by us but dates we give for performance will be indicative only. No date specified by you will be binding on us without our written agreement.
5.2 Use of reports: Any reports prepared or procured by us as part of the Goods or Services are to be used only by you.
5.3 Goods and Services are to be supplied: You acknowledge and agree that the Goods and Services are limited to those set out in the invoice, order form or other similar document issued by us.
- YOUR OBLIGATIONS
6.1 Information: you will provide us with any relevant information required to enable us to perform the Goods or Services. Where information provided by you is incorrect and we are required to undertake additional work we reserve the right to charge for such additional work.
- OUR OBLIGATIONS AND WARRANTIES
7.1 We warrant that:
(a) We have the right to enter into this Agreement;
(b) We will deliver the Products and perform the Services to a reasonable standard of care and skill;
(c) We will deliver the Products and perform the Services in accordance with relevant laws.
8.1 Consumer Guarantees Act: It is agreed and acknowledged by You that in the event You are in trade and where goods and services are supplied under this Agreement these have been acquired by You in trade and the provisions of the Consumer Guarantees Act 1993 shall not apply.
8.2 Limitation of liability:
(a) Claims: We will have no liability for defective Products or unsatisfactory Services unless you notify us in writing of your claim within 5 working days after delivery of the Goods or performance of the Services;
(b) We will have the option, exercisable at our discretion, to replace or give credit for any Goods or Services in respect of which any claim is made or proven or to refund a portion of the price paid for the Goods or Services, thereby fully discharging all our legal liability;
(c) If We are liable for direct losses arising from a breach of this Agreement or for negligence, our obligation to pay damages or losses is limited to the cost of the Products or Services supplied to You.
(d) We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
(e) Notwithstanding any other provision of this agreement, We will not be liable for indirect, special, consequential or similar damages or losses, including but not limited
to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages. 8.3 Business purposes: If you hold yourself out as acquiring the Goods and Services for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.
Where a dispute arises between Us and You, the parties agree to meet in good faith and attempt to resolve the dispute. This may include the use of a mediator. If the dispute remains unresolved for a period of 90 days, the parties are free to refer the matter to the Courts of New Zealand for final determination.
9.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God, pandemic interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Goods or Services and we will not be liable to you in any respect.
9.2 Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance, or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
9.3 Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
information collected in connection with the provision of the Services and any future like arrangement or arrangements.
9.5 Electronic Communications: You consent to receive commercial electronic messages from Us. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.
9.6 Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement. A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.
We may amend the Terms at any time by updating them on this website. The amended Terms will take immediate effect upon publication, and by continuing to access the website you agree to be bound by the amended Terms.
By law we cannot sell or supply alcohol to persons under the age of 18 years. When you place an order for alcohol you confirm that you, and the recipient, are both aged 18 years or over. Proof of ID may be requested at the time you place your order or at the time of delivery.
The liquor license for this website is:Black pineapple Direct 007/OFF/9136/2021