TERMS AND CONDITIONS

  1. GENERAL  

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.  

  1. PRICE  

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.  

  1. PAYMENT  

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.  

  1. DEFAULT  

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.]  

  1. 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. 

  1. 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.  

  1. 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.  

  1. LIABILITY  

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.  

8.4 Disputes. 

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.  

  1. GENERAL  

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.  

9.4 Privacy Policy: Any personal information collected by us in connection with this  Agreement will only be used or disclosed for the purposes of ensuring performance of  this Agreement and any future like arrangement or arrangements. This may include  disclosure within our organisation and to other parties involved in performing the  Services. We agree to comply with relevant privacy laws in respect of any personal 

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

View Issued Licence