Terms and Conditions of Trade

1. Definitions

1.1 “Supplier” means WISE Charitable Trust, its successors, subsidiaries, and any authorised representatives acting on its behalf.1.2 “Customer” means the person, organisation, or entity purchasing goods, hiring equipment, or receiving services from the Supplier.
1.3 “Goods and Services” means all products, installations, equipment, and services supplied by the Supplier at the Customer’s request.
1.4 “Equipment” means any equipment, tools, or property owned by the Supplier and provided for hire, loan, or temporary use.
1.5 “Price” means the amount payable for the Goods, Services, or Equipment hire as agreed between the Supplier and the Customer.
1.6 “Agreement” means these Terms and Conditions of Trade and any quotation, invoice, or contract referencing them.

2. Acceptance

2.1 By requesting or accepting Goods, Services, or Equipment from the Supplier, the Customer agrees to be bound by these Terms and Conditions.
2.2 These Terms may only be varied in writing and signed by both parties.
2.3 These Terms take precedence over any Customer terms unless otherwise agreed in writing.

3. Price and Payment

3.1 Prices are as stated in the Supplier’s quotation or invoice and are valid for 30 days unless otherwise specified.
3.2 The Supplier may adjust the Price to reflect variations, unforeseen site conditions, or material/labour cost increases.
3.3 A non-refundable deposit may be required before work commences.
3.4 All Prices are exclusive of GST, unless stated otherwise.
3.5 Payment must be made by the due date stated on the invoice, or within 7 days of invoice date if unspecified.
3.6 Accepted payment methods include bank transfer, credit card, or other methods approved by the Supplier.
3.7 Late payments may attract interest of 2.5% per month and reasonable recovery costs.

4. Delivery and Completion

4.1 Delivery occurs when the Goods are delivered to the Customer’s address or Services are completed at the agreed site.
4.2 The Customer must ensure safe, reasonable access to the site.
4.3 Delivery dates are estimates only. The Supplier is not liable for delays beyond its control.
4.4 Additional charges may apply if delivery or access is delayed by the Customer.

5. Risk and Ownership

5.1 Risk in the Goods passes to the Customer upon delivery.
5.2 Ownership remains with the Supplier until full payment is received.
5.3 Until ownership passes, the Customer must:

• Keep Goods in good condition,
• Not sell, transfer, or encumber them, and
• Allow the Supplier to reclaim them if payment is not made.
  5.4 The Supplier may register its interest under the Personal Property Securities Act 1999 (PPSA).

6. Customer Obligations

6.1 The Customer must provide accurate information, access, and safe working conditions.
6.2 The Customer must not request or allow work to proceed in unsafe or non-compliant environments.
6.3 Delays or additional costs resulting from restricted access, unsafe conditions, or inaccurate information may be charged to the Customer.

7. Warranties and Defects

7.1 The Supplier warrants that Goods and Services will be delivered with reasonable skill and care.
7.2 The Customer must inspect all Goods and completed work on delivery and notify the Supplier in writing within 7 days of any defect.
7.3 If a defect is confirmed, the Supplier will, at its discretion, repair, replace, or refund the affected item or service.
7.4 This warranty does not cover:

• Normal wear and tear,
• Damage from misuse, neglect, or unauthorised alteration,
• Work performed by others after completion.
  7.5 Any manufacturer’s warranty applies where relevant.
  7.6 The Supplier is not liable for consequential or indirect losses.

8. Equipment Hire

8.1 All Equipment remains the property of the Supplier at all times.
8.2 The Customer is responsible for the safekeeping and appropriate use of hired or loaned Equipment.
8.3 The Customer must not modify, damage, or remove identification marks on Equipment.
8.4 The Customer agrees to:

• Use Equipment only for its intended purpose,
• Keep it in good working order, and
• Return it by the agreed date and in the same condition as received.
  8.5 The Customer is liable for:
• Any loss or damage (excluding fair wear and tear),
• The full replacement cost if Equipment is not returned, and
• Any costs of repair or recovery.
  8.6 The Customer must not transfer, sublet, or part with possession of the Equipment without the Supplier’s written consent.
  8.7 The Supplier may inspect or recover Equipment at any reasonable time.
  8.8 The Customer agrees to indemnify the Supplier against any loss, damage, or injury arising from the Customer’s use of the Equipment.
  8.9 The Customer must maintain adequate insurance (or self-insure) for loss or damage to Equipment and public liability for use of that Equipment.

9. Cancellations

9.1 The Supplier may cancel or postpone work or hire if necessary due to weather, safety, or supply issues.
9.2 The Customer may cancel an order only with written approval.
9.3 If cancellation occurs after work has begun or materials ordered, the Customer is liable for all related costs incurred to date.

10. Default

10.1 If the Customer fails to pay by the due date or breaches this Agreement, the Supplier may:

• Suspend or terminate supply,
• Recover outstanding amounts and associated costs, and
• Enter premises to reclaim Goods or Equipment (where legally permitted).
  10.2 The Supplier may charge interest and recovery costs as set out in clause 3.7.

11. Privacy and Data Handling

11.1 The Supplier collects and handles personal information in accordance with the Privacy Act 2020.
11.2 Information may be used for credit assessment, service delivery, and compliance.
11.3 The Supplier may share information with trusted third parties where necessary for service delivery or legal purposes.
11.4 Customers have the right to access and correct personal information held by the Supplier by contacting the Trust directly.
11.5 The Supplier will take reasonable steps to protect personal data from misuse or unauthorised access.

12. Consumer Guarantees and Fair Trading

12.1 These Terms are subject to the Consumer Guarantees Act 1993, unless Goods or Services are acquired for business purposes.
12.2 The Supplier complies with the Fair Trading Act 1986, ensuring honest and accurate representations of all Goods and Services.

13. Limitation of Liability

13.1 The Supplier’s total liability (whether in contract, tort, or otherwise) is limited to the value of the Goods, Services, or Equipment supplied.
13.2 The Supplier is not liable for indirect, consequential, or economic losses, including loss of profit or opportunity.
13.3 Nothing in this Agreement limits rights available under the Consumer Guarantees Act (where applicable).

14. Force Majeure

The Supplier is not liable for delays or failure to perform obligations caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, or equipment failure.

15. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes shall be resolved under New Zealand law in a court of competent jurisdiction.

16. General

16.1 If any clause is found to be invalid or unenforceable, the remaining provisions remain in full effect.
16.2 The Supplier may update these Terms from time to time, and the latest version will apply to all new orders or hires.
16.3 All communications under this Agreement must be in writing and may be sent electronically.
16.4 Failure by the Supplier to enforce any clause shall not constitute a waiver of its rights.

WISE Charitable Trust
P.O. Box 57 Waitara 4320| Phone:06 754 7361/0508 238 837| Email: enquiries@wise.org.nz
© WISE Charitable Trust 2025 – All rights reserved.