About our Terms of trade

The purpose of the Terms of Trade is to record the essential terms and conditions on which you will supply goods and/or services. These Terms of Trade are designed to protect your rights as a business and provide certainty around your rights and obligations. The Terms of Trade should always accompany an order and all orders should be in writing.

A few things to note:

• The Terms of Trade is designed for people who operate a simple trading or service business via a limited liability company and require relatively simple terms of trade. If you require something more complex or bespoke, please talk to our advisme team.

• These terms and conditions are best suited to a business whose customers are other businesses. If you supply individual people (not businesses), you may still be able to use these terms, but you will need to comply with your obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 and some of the terms may not apply (for example, the time limit for notifying claims).

In creating these terms and conditions we have made a number of assumptions about you and your business, including that:

• You do not require security to ensure payment of the price (e.g. no personal guarantee is required from a director of the customer). You may need to consider this further (and the payment risk you are willing to take) depending on your past dealings with the customer and the size or value of the order. Where you sell goods and are not paid upfront in full, we recommend that you register a financing statement over the customer under the Personal Property Securities Act 1999. Please talk to our advisme team if you need more information on this process.

• Your goods or services are provided in New Zealand (not shipped or provided offshore).

• You do not provide a specific warranty for your goods or services (nor is any specific warranty set out in your order form).

• There is no specific testing procedure necessary on the delivery of the goods or services (or set out in your order form).

• Where you are providing services, you retain ownership of all intellectual property created by you in performing these services (or that you and your customer have agreed otherwise in your order form).

Where these assumptions do not apply to your business, please talk to our advisme team who will be able to prepare specific terms and conditions for your business.

How do I use my terms of trade?

• The terms of trade will accompany a written order. This order will set out a description of the goods and/or services, the price, the quantity, the method, time and place of delivery (and the price of delivery, if applicable) and any specific warranties given by you.

• If you are to deliver goods, this should be clearly specified in your order and priced and insured appropriately.

• The order should also contain a statement to the effect that “This order is subject to our standard terms and conditions attached or available from our website at [website address here]. By submitting an order, you agree to these terms and conditions”. You should get the customer to sign the terms and conditions in writing at the time they place their order.

• If the order is online, the customer must be required to click to accept the terms before they can place an order.