Wild Kitchens Limited (WKL)

‍a.
‍ Only the products itemised in this quotation are included in this contract. If there were other items discussed or on plans/schedules or specifications that are not specified in this quotation they shall be deemed to not be included. Please contact our representative for clarification and/or variation. Any variation shall be in writing.
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b.
‍This quotation may be withdrawn at any time by WKL, if not withdrawn the quotation shall remain valid for 30 days after which time it may lapse

a.
‍Prices are based on rates and conditions at the date of quotation but are subject to any cost variations incurred from this date.

‍a.
‍All product supplied by WKL shall remain the sole and absolute property of WKL as legal and equitable owner until such time as the buyer has paid WKL the agreed price.
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b.
The buyer shall be at liberty to sell on such goods supplied by WKL on the express condition that such an agreement to sell shall take place as agents and bailees for WKL, whether the buyer sells on his/herself own account or not. The proceeds of such sale are to be held in trust for WKL and are not to be mingled or intermingled with any other monies and shall at all times be identified as WKL's monies.
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c.
If the Buyer fails to make payment in full on the due date then, without prejudice to its other rights and remedies, WKL shall be entitled, without the necessity for giving notice, to retake possession of all product for which payment in full has not been received. The buyer hereby authorises WKL, by its agents, unimpeded access to enter upon premises of the buyer or any other premises where the product supplied by WKL may be located for the foregoing purpose. The buyer hereby agrees to indemnify WKL for all costs of claims incurred or suffered as a consequence of so doing.

‍a.
‍The risk of all product shall pass to the buyer at the time of delivery and it is the buyer's responsibility to have insurance.

‍a.
‍The Buyer grants to WKL a Security Interest in all goods supplied from time to time to secure payment of the purchase price and in all proceeds which the Buyer receives from selling Goods supplied by WKL.  
 
b.
For the purposes of section 148 of the PPSA, the Buyer agrees that WKL does not have to provide a Verification Statement to the Buyer when WKL registers a Financing Statement in respect of any Security Interest created by this agreement.
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c.
‍For the avoidance of doubt, words or phrases used in Clause 5 herein have the same meaning as that which is given to them in Section 16 of the PPSA.
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d.
‍The Buyer agrees that nothing in sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA shall apply to these terms and conditions.
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e.
The Buyer agrees that its rights as debtor in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA shall not apply to these terms and conditions.
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f.
‍The Buyer shall reimburse WKL for all costs, expenses and other charges incurred, expended or payable by WKL in relation to the filing of a financing statement or financing charge statement in connection with this Agreement.
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g.
‍The Buyer shall supply the Company within two business days of written request copies of all documents granting security interests registered over the Buyer's personal property. The Buyer authorises the Company as an agent to request any information from any secured party relating to any security interest which is held in any personal property which is or has been in the Buyer's possession or control.
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h.
‍The Buyer will immediately notify the Company in writing of any change in the Buyer's name or other material identifying characteristics of either the Buyer or the Goods purchased.

The Buyer acknowledges that this Agreement constitutes a "security agreement" for the purposes of the PPSA.
The Buyer agrees that if at any relevant time, the secured party does not have priority over all other secured parties in relation to any collateral, then the Buyer and WKL will, for the purposes of section 109(1) of the PPSA, be deemed, in accordance with the entitlement to do so under section 107(1) of the PPSA, to have contracted out of that section but specifically on the basis that, as between them and for the purposes of this security agreement and the operation and application of the PPSA, that section 109(1) (but amended only by the deletion of the words ''with priority over all other secured parties") is reinstated and contracted back into.

a.
‍Made to the place indicated on this quotation or at WKL premises. If the buyer fails to accept delivery, then delivery shall be deemed to have taken place when WKL was willing to effect delivery.

a.
Where this quotation specifically includes installation, the buyer shall provide at no cost to WKL:

b.
Suitable all-weather access to site.
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c.
All necessary amenities for WKL's employees and subcontractors e.g. 230 volt AC. electricity.

d.
A site complying with the "Health and Safety Act".

a.
The buyer shall ensure that all products are installed in accordance with "accepted trade practice". If in doubt the buyer shall confirm proposed installation details with WKL for approval. The installation of product is critical to WKL providing the warranty in clause 9 of this contract. Failure to install the product correctly may cause the warranty to become void. Any repairs or maintenance to the product carried out by WKL due to faulty installation shall be charged for. Where this quotation specifically includes installation, the buyer shall provide at no cost to WKL due to faulty installation shall be changed for.

‍a.
‍WKL warrants all product for which it manufactures against faulty workmanship and/or materials for a period of two years after manufacture unless otherwise stated in writing.

b.
Components or materials not manufactured by WKL shall be covered by the Manufacturer's warranty of those products only (if a warranty exists).

c.
Any warranty claim shall be in writing to WKL within 14 days of any defect becoming apparent.

d.
This warranty shall become invalid where repairs are carried out by any person not authorised by WKL.

e.
The warranty does not apply where WKL's opinion is that the product has been subject to excessive wear and tear, improper or abnormal use or unsuitable protection.

f.
The warranty may be withdrawn at the discretion of WKL for the following reasons:                

i.
Reasonable access is not granted to inspect or carry out repairs.              

ii.
Full payment for product has not been received by WKL.

g.
WKL warranty does not extend to any consequential loss or damage in any way or form.

‍a.
Unless otherwise indicated, all prices quoted or submitted are exclusive of GST and WKL shall add GST at the ruling rate to each invoice.

‍a.
WKL will at all times endeavour to meet delivery dates requested but will not accept any liability for claims in respect of delays in delivery.

a.
Unless otherwise stated payment to be made in New Zealand dollars.

b.
A 50% deposit on acceptance of quotation. A further 40% is to be paid prior to delivery/installation. The remaining 10% is to be paid within 10 days of completion.

c.
By other arrangements as detailed and agreed and written into this contract.

d.
The buyer agrees to pay compound interest at the rate of 5% for each month or part thereof for amounts overdue.

e.
WKL may take steps as it considers necessary to recover outstanding amounts. All costs involved in such recovery including but not limited to debt collection agency fees, court fees and legal costs shall be payable by the buyer.

a.
‍Shall not be held on this contract.

a.
The Buyer by requesting a quotation, placing an order or by applying for credit authorises WKL to collect all such information as it may require from third parties and authorises third parties to release such information to WKL. The Buyer also authorises WKL to release to third parties' details of, or information gained in the course of, the relevant dealings.

a.
WKL refers to Wild Kitchens Limited

b.
The Buyer - the person or firm to whom this quotation is issued to or accepted by.

c.
Product – the goods supplied by WKL to the buyer.

d.
PPSA – The Personal Property Securities Act 1999.