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Terms of Trade

The terms that apply to trade account customers and, once finalised, consumer (guest) purchases.

Application of Terms

These Terms of Trade apply to all quotations, orders, sales, supplies of goods, and services provided by Streamline Solutions 2013 Limited trading as Streamline Solutions (“we”, “us”, “our”) to the customer (“you”, “your”).

By placing an order with Streamline Solutions, opening or using a credit account, accepting delivery of goods or services, or otherwise dealing with us after being provided with or given reasonable access to these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Trade.

If you have an approved credit account, these Terms form part of and are incorporated into your Credit Application. If there is any inconsistency, these Terms of Trade prevail unless we expressly agree otherwise in writing.

Orders and Acceptance

All orders placed with Streamline Solutions are subject to acceptance by us.

We reserve the right to refuse, decline, or cancel an order where products are unavailable, a pricing error has occurred, payment cannot be verified, or we reasonably believe the order is fraudulent or unlawful.

An order is not accepted until we have confirmed it and, where applicable, received payment.

Pricing

All pricing is subject to change without notice prior to acceptance of an order.

Unless otherwise stated, all prices are exclusive of freight and GST or other applicable taxes.

In the event of a pricing error, Streamline Solutions may correct the error and either amend the price with your agreement or cancel the order and issue a full refund of amounts paid for that order.

Payment

Unless otherwise agreed in writing, payment is required before goods are supplied.

Accepted payment methods may include credit card and electronic bank transfer. Payments made by bank transfer are not deemed received until cleared funds have been received into our bank account.

Credit Accounts

Approved credit account holders must pay invoices by the 20th day of the month following the invoice date unless otherwise agreed in writing.

If an account becomes overdue, Streamline Solutions may suspend further supply, revoke credit facilities, require future orders to be paid in advance, and/or demand immediate payment of all outstanding amounts.

Interest may be charged on overdue amounts at a rate equal to 5% per annum above the business overdraft rate then charged to Streamline Solutions by its principal financier, calculated on the overdue balance and compounded monthly, from the due date until payment in full. If

Streamline Solutions does not then have a business overdraft facility, no interest will be charged under this clause unless a replacement rate has been agreed with you in writing.

All outstanding amounts become immediately due and payable if you become insolvent; a receiver, administrator, liquidator or statutory manager is appointed; you enter into an arrangement with creditors; you dispose of unpaid goods contrary to these Terms; or we reasonably believe there is a material risk of non-payment.

Delivery and Risk

Delivery will be made to the address specified by you. Risk in the goods passes to you upon delivery.

Delivery is deemed completed when the goods are delivered to the nominated delivery address and accepted by any person present at that location.

Visible freight damage, shortages or delivery discrepancies should be reported to us as soon as reasonably practicable and preferably within 7 days of delivery. Failure to notify us within that period does not limit any rights that cannot lawfully be excluded.

While we will make reasonable efforts to meet delivery estimates, delivery times are indicative only. To the maximum extent permitted by law, delay alone does not entitle you to cancel an order or claim compensation.

Retention of Title and PPSA

Ownership of goods supplied by Streamline Solutions remains with Streamline Solutions until full payment has been received for those goods and all other amounts then due and payable by you to Streamline Solutions have been paid in full.

Until ownership passes, you hold the goods as bailee for Streamline Solutions and must, where reasonably practicable, keep them identifiable and separate from other property and must not grant or permit any security interest over them inconsistent with our interest.

You grant Streamline Solutions a security interest, for the purposes of the Personal Property Securities Act 1999 (PPSA), in all goods supplied by us to you for which payment remains owing and in the identifiable proceeds of those goods, to secure payment of all amounts owing to us.

You consent to Streamline Solutions registering one or more financing statements on the Personal Property Securities Register in respect of that security interest and agree to promptly provide information reasonably required for registration, maintenance or enforcement of that security interest.

If you sell or otherwise dispose of unpaid goods before ownership has passed, our security interest continues in any identifiable proceeds to the extent provided by the PPSA.

If you are in default, Streamline Solutions may exercise any rights available to a secured party under the PPSA and, to the extent permitted by law, may enter premises occupied by you or where the goods are reasonably believed to be located to recover unpaid goods. You agree to provide reasonable access for that purpose and to indemnify us for reasonable recovery and enforcement costs.

Collection Costs

If any amount remains unpaid after its due date, Streamline Solutions may engage a debt collection agency or legal representative to recover the debt.

You agree to pay all reasonable costs actually incurred in recovering overdue amounts, including reasonable debt collection fees, legal costs and enforcement expenses, to the extent permitted by law.

Returns, Refunds and Credits

All returns are governed by the Streamline Solutions Returns & Refunds Policy, subject always to rights and remedies that cannot lawfully be excluded.

Returns must be approved by Streamline Solutions before goods are returned. A Return Authority may be required before goods are accepted for inspection or processing. Goods returned without prior approval may be refused and returned to the sender at the sender’s expense, except where applicable law gives you a right to return the goods.

Faulty, Damaged or Incorrect Items

If goods are faulty or defective, damaged during transit, incorrectly supplied, or materially different from their description, you should notify us as soon as possible and preferably within 7 days of receipt.

We may request photographs or further information reasonably required to evaluate the claim.

Where required by applicable law, Streamline Solutions will provide the remedy required by law. This may include repair, replacement, credit, refund or another remedy. If the return results from our error or a confirmed product fault, reasonable return freight costs will be covered by Streamline Solutions where required by law or agreed by us.

Change of Mind Returns

Subject to approval by Streamline Solutions, change-of-mind returns may be accepted within 14 days of delivery where the goods are unused, remain in original saleable condition, original packaging is intact, and proof of purchase is provided.

Customers are responsible for return freight costs associated with change-of-mind returns. Approved change-of-mind returns may be subject to a reasonable restocking fee notified to you before the return is accepted.

Non-Returnable Items

Unless required by law, returns will not be accepted for custom-made or personalised products, clearance or final-sale products, goods damaged through misuse, or used products that are not defective.

Cancellations

Orders may only be cancelled with the prior written approval of Streamline Solutions, except where you have a statutory right to cancel.

Where goods have been specially ordered, manufactured, customised or prepared specifically for you, Streamline Solutions may recover its reasonable costs incurred up to the date of an approved cancellation, to the extent permitted by law.

Limitation of Liability

Nothing in these Terms excludes or limits liability to the extent that liability cannot lawfully be excluded or limited.

Subject to the preceding sentence and to the maximum extent permitted by law, Streamline Solutions’ liability arising from the supply of goods or services is limited, at our option, to repair, replacement or resupply, or refund of the amount paid for the affected goods or services.

To the maximum extent permitted by law, Streamline Solutions is not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity or other special loss arising from the supply or use of goods or services.

Consumer Rights

If you acquire goods or services from us for personal, domestic or household use, nothing in these Terms excludes, restricts or modifies rights or remedies that cannot be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable consumer legislation.

If you acquire goods or services from us in trade, for the purposes of your business, and both you and Streamline Solutions are in trade, you agree that the Consumer Guarantees Act 1993 will not apply to that supply where it is fair and reasonable that the parties are bound by this exclusion, as permitted by section 43 of that Act.

Nothing in these Terms is intended to permit misleading or deceptive conduct, false representations, unconscionable conduct, or the use of an unfair contract term contrary to the Fair Trading Act 1986.

Privacy and Credit Checks

Personal information collected by Streamline Solutions will be handled in accordance with our Privacy Policy, the Privacy Act 2020 and other applicable privacy law.

Where you apply for credit, you authorise Streamline Solutions to collect, use and disclose information reasonably necessary to assess and administer your credit account, verify information supplied by you, obtain trade references and lawful credit checks, and recover overdue amounts. Information may be disclosed to or obtained from trade referees, credit reporting agencies and debt collection or recovery providers where permitted by law.

Where information about an individual is obtained from a third party, Streamline Solutions will comply with applicable notification and other obligations under the Privacy Act 2020 and any applicable privacy code.

Variations

Streamline Solutions may amend these Terms from time to time. Any amended Terms will apply to orders placed after the amended Terms have been made available to you. Changes will not retrospectively alter an order already accepted unless agreed by both parties or required by law.

Severability and Waiver

If any provision of these Terms is held to be illegal, invalid or unenforceable, that provision will be read down to the extent necessary or severed, without affecting the remaining provisions.

A failure or delay by Streamline Solutions to exercise a right does not waive that right.

Governing Law

These Terms of Trade are governed by the laws of New Zealand. Any dispute arising from these Terms is subject to the jurisdiction of the courts of New Zealand.

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