Terms and Conditions of Trade

1. Definitions

1.1 In these Terms, unless the context otherwise requires:

(a) "Agreement" means these Terms and Conditions together with any quotation, order, or invoice issued by Trenz;

(b) "Customer" means the person, company, or entity purchasing goods or services from Trenz;

(c) "Goods" means all products supplied by Trenz, including bathroom fixtures, fittings, accessories, and related materials;

(d) "Services" means any services provided by Trenz, including delivery, installation coordination, or product advice;

(e) "Guarantor" means any director, shareholder, or person providing a personal guarantee for the Customer;

(f) "PPSA" means the Personal Property Securities Act 1999; and

(g) "Security Interest" has the meaning given in the PPSA.

2. Application of Terms

2.1 These Terms apply to all goods and services supplied by Trenz.

2.2 By placing an order with Trenz, the Customer is deemed to have accepted these Terms.

2.3 These Terms prevail over any terms proposed by the Customer unless Trenz agrees otherwise in writing.

2.4 No variation to these Terms is binding unless confirmed in writing by Trenz.

3. Quotations

3.1 Quotations are valid for thirty (30) days unless otherwise stated.

3.2 Trenz may withdraw or amend a quotation at any time prior to acceptance.

3.3 Prices may be adjusted if:

(a) supplier price increases occur;

(b) freight costs increase;

(c) exchange rates fluctuate; or

(d) specifications change.

4. Orders

4.1 All orders are subject to acceptance by Trenz.

4.2 Orders for special order or customised goods cannot be cancelled once confirmed.

4.3 The Customer is responsible for ensuring that all specifications and quantities are correct.

5. Price

5.1 All prices are stated in New Zealand Dollars and exclude GST unless otherwise stated.

5.2 GST will be added to all invoices where applicable.

5.3 Trenz may adjust prices where costs beyond its control increase.

6. Payment Terms

6.1 Unless otherwise agreed in writing, the following payment terms apply:

(a) Trade Customers: payment is due on the 20th day of the month following the invoice date; and

(b) Retail Customers: payment is required before delivery or collection.

6.2 If payment is not made by the due date, Trenz may charge interest on overdue amounts at the rate of two percent (2%) per month, calculated daily.

6.3 The Customer must pay all costs incurred by Trenz in recovering overdue amounts, including:

(a) debt collection agency fees;

(b) legal costs on a solicitor-client basis; and

(c) court costs.

7. Credit Accounts

7.1 Credit accounts are granted at the sole discretion of Trenz.

7.2 Trenz may at any time:

(a) suspend credit;

(b) reduce credit limits;

(c) require payment before supply; or

(d) cancel credit facilities.

7.3 All outstanding balances become immediately payable if credit terms are withdrawn.

8. Delivery

8.1 Delivery occurs when:

(a) the Goods leave Trenz's premises; or

(b) the Goods are collected by the Customer or its agent.

8.2 Any delivery date is an estimate only.

8.3 Trenz is not liable for delays caused by circumstances beyond its control.

8.4 Risk in the Goods passes to the Customer upon delivery.

9. Inspection and Claims

9.1 The Customer must inspect the Goods immediately upon delivery.

9.2 Any claim relating to damage, shortage, or incorrect Goods must be notified to Trenz within forty-eight (48) hours of delivery.

9.3 If the Customer does not notify Trenz within that period, the Goods will be deemed accepted.

10. Returns

10.1 Returns will only be accepted with Trenz's prior approval.

10.2 Returned Goods must be:

(a) unused;

(b) in original packaging; and

(c) returned within fourteen (14) days.

10.3 A restocking fee of up to twenty-five percent (25%) may apply.

10.4 Special order Goods are non-returnable.

11. Installation

11.1 Trenz supplies products only unless otherwise agreed in writing.

11.2 Trenz accepts no liability for installation unless installation services are provided directly by Trenz.

11.3 The Customer must ensure installation is carried out by a qualified and licensed tradesperson.

12. Retention of Title

12.1 Ownership of all Goods supplied remains with Trenz until all monies owed by the Customer to Trenz have been paid in full.

12.2 Until ownership passes:

(a) the Customer holds the Goods as bailee for Trenz;

(b) the Goods must be stored separately and clearly identified; and

(c) if payment is overdue, Trenz may enter the Customer's premises to repossess the Goods.

13. Personal Property Securities Act 1999

13.1 The Customer acknowledges that these Terms constitute a security agreement for the purposes of the PPSA.

13.2 The Customer grants Trenz a Security Interest in:

(a) all Goods supplied; and

(b) all proceeds arising from those Goods.

13.3 The Security Interest secures payment of all present and future obligations owed by the Customer to Trenz.

13.4 The Customer agrees to:

(a) provide all information required for PPSA registration; and

(b) sign any documents required to register or enforce the Security Interest.

13.5 To the extent permitted by law, the Customer waives its rights under the following provisions of the PPSA:

(a) section 114(1)(a);

(b) section 120(2);

(c) sections 121 to 127; and

(d) sections 129 to 132.

13.6 The Customer agrees not to register a financing change statement without Trenz's consent.

14. Default

14.1 The Customer is in default if:

(a) payment is overdue;

(b) insolvency occurs;

(c) a receiver or liquidator is appointed; or

(d) the Customer breaches these Terms.

14.2 Upon default, Trenz may:

(a) cancel orders;

(b) suspend deliveries;

(c) repossess Goods; or

(d) commence legal proceedings.

15. Limitation of Liability

15.1 To the fullest extent permitted by law, Trenz is not liable for indirect loss, consequential loss, loss of profit, or loss of business.

15.2 Trenz's liability is limited to, at Trenz's option:

(a) replacement of the Goods;

(b) repair of the Goods; or

(c) refund of the purchase price.

16. Consumer Guarantees Act

16.1 If the Customer acquires Goods for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply.

16.2 Nothing in these Terms limits rights under that Act where it legally applies.

17. Force Majeure

17.1 Trenz is not liable for failure or delay caused by events beyond its control, including supplier shortages, transport disruptions, natural disasters, or government restrictions.

18. Privacy

18.1 The Customer authorises Trenz to obtain credit information from credit agencies.

18.2 The Customer consents to Trenz using personal information for:

(a) credit assessment;

(b) account management; and

(c) debt recovery.

19. Intellectual Property

19.1 All catalogues, drawings, and product designs remain the property of Trenz and may not be reproduced without Trenz's consent.

20. Governing Law

20.1 This Agreement is governed by the laws of New Zealand.

20.2 The parties submit to the jurisdiction of the New Zealand courts.

21. Severability

21.1 If any provision of these Terms is held to be invalid, the remaining provisions will remain in full force and effect.

22. Acceptance

22.1 The Customer acknowledges that placing an order or accepting delivery constitutes acceptance of these Terms.