Terms and Conditions

Object 

The Terms and Conditions for sale of goods outlines the rights and obligations of Kumara Patch (“KP”) and the purchaser of goods (the “Retailer”) supplied by KP . The purchase of goods by the Retailer from KP implies without reserve an agreement and acceptance to these General Conditions for Sale of Goods.

Prices 

KP reserves the right to change the prices of the goods it sells at any time and will make available to the Retailer a current and up to date Price List (the “Price List”). The Retailer may purchase goods from KP at the wholesale prices listed in the Price List which are stated in New Zealand dollars ($’s) excluding goods and services tax (GST).

Reductions and discounts 

KP may from time to time offer discounts or reductions on the prices listed in the Price List. Any discounts or reductions offered by KP are valid at the time of offer and do not imply any further or ongoing discount or reduction from the Price List. Any discounts or reductions offered by KP may be cancelled by KP if the Retailer has not paid for the goods in full before the due date listed on the invoice(s) for those goods.

Method of Payment 

Retailer agrees to pay KP by bank transfer to the bank account provided by KP on the invoice for the goods or by cheque delivered to KP offices. Retailer agrees to pay any bank fees it incurs in paying for the goods

Late Payment 

In any case of late payment by the Retailer to KP for any invoice(s) for goods supplied by KP, whether partial or full, KP has the right and may at its discretion charge a penalty fee to the Retailer equivalent to 12% of the invoice value per month, or the maximum amount permissible by law, whichever is the lessor at the time.

Late Payment Proceedings 

If the Retailer does not pay all outstanding invoices and late fees within 30 days of receiving a late payment penalty notice from KP, KP may commence legal proceedings for the collection of outstanding amounts and the Retailer shall be liable for any legal costs and damages incurred by KP in the course of these proceedings.

Ownership of Goods 

All goods supplied to the Retailer by KP remain the property of KP until all invoices for those goods are paid for in full. Furthermore if the Retailer is late paying any invoice for goods supplied by KP, or if the Retailer is placed in liquidation or administration, KP has the right to take back those goods from the Retailer or any other third party that is holding the goods. 

Warranty

KP warrants the replacement of original products due to defects in materials and/or workmanship for a period of 1 year from date of purchase subject to the following conditions and limitations:

  • This warranty applies to the registered original Retailer only, and is non-transferable.

  • The warranty excludes products that have been subject to;abuse, neglect, accident, unauthorized tampering, improper use, improper maintenance, improper storage, improper washing, competition usage, hire usage, jumping usage, stunts usage or any activity not deemed as the intended proper usage.

  • The warranty also excludes normal wear and tear and damage or deterioration or aging.

  • This warranty also excludes damage to superficial surface finishes, aesthetics or appearance of the product.

  • This warranty means that the product should be designed and manufactured for an "intended proper usage"

  • All warranty claims must be made by the original Retailer dealer and referenced to the relevant sales order, delivery note or invoice. 

  • Warranty claims are not considered valid until inspected and agreed to by KP

In the event of a warranty claim being validated by KP;

  • KP will  replace the product or the relevant part only with same or nearest available equivalent product or part parts. If KP cannot replace the product or part KP will issue a credit note for the purchase cost of the product not including any labour or shipping charges as part of the warranty.

KP shall not be responsible for accidental or consequential damage or loss howsoever caused. The user assumes any and all risks in any activity where they are using the products.

Limitation of Liability and Indemnities

The Retailer agrees to defend, indemnify and hold harmless KP against any liability, losses, damages or costs (including any legal costs) incurred or suffered by the Retailer as a result of any breach, negligent act or omission or wilful default on the part of Retailer or its Affiliate(s). KP shall not be liable to the Retailer for any special, indirect, consequential, punitive or exemplary damages, depletion of goodwill, or other commercial or economic loss, including for greater certainty any damages on account of the loss of prospective profits on anticipated sales or on account of expenditures, investments, leases or commitments, whether or not KP has been advised of the possibility of such damages.

If KP notifies the Retailer that any product needs to be recalled or otherwise withdrawn from the market, and Retailer refuses or otherwise fails to do so in a timely fashion, the Retailer agrees to indemnify KP and its affiliates from and against any and all liability, loses, damages or costs, including legal costs, incurred or suffered by the Retailer as a result of any such failure or refusal.

Subject to these Terms and Conditions the Retailer shall indemnify, hold harmless, and defend KP its officers, directors, partners, members, shareholders, employees, agents, affiliates, successors, and permitted assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, fees, and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, relating to any claim of a third party arising out of or occurring in connection with:

  1. Retailers acts or omissions as retailer of the Product, including negligence, wilful misconduct, or breach of these Terms and Conditions;

  2. Retailers advertising or representations that warrant performance of Product beyond those provided by KP

  3. any failure by Retailer or its personnel to comply with any applicable laws; or

  4. allegations that Retailer breached its agreement with a third party as a result of or in connection with entering into, performing under or terminating this Agreement.

Except for the warranties set out under this section, neither KP, its affiliates, nor any person on KPs behalf has made or makes any express or implied representation, warranty, or condition whatsoever, including any warranties or conditions of merchantability, fitness for a particular purpose, title or non-infringement.

Except in the case of gross negligence or willful misconduct, in no event shall

  • KP be liable for any third party damages or claims.

  • KPs total liability under or related to this agreement exceed the total of the amounts paid by the Retailer for the product(s) giving rise to the claim

Jurisdiction 

The relevant laws for the interpretation and execution of these Terms and Conditions for sale of goods are those of New Zealand. In the case of any disagreement over these General Conditions for the sale of goods the laws of New Zealand shall be upheld.