Terms of Trade

1. Definitions

1.1 - "Seller” means Bulk Water Transport Limited, its successors and assigns or any person acting on behalf of and with the authority of Bulk Water Transport Limited.

1.2 - "Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

1.3 - "Goods” means all Goods or Services supplied by the Seller to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4 - "Price” means the Price payable for the Goods as agreed between the Seller and the Customer in accordance with clause 5 below.

2. Acceptance

2.1 - The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2 - These terms and conditions may only be amended with the Seller’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Seller.

3. Electronic Transactions Act 2002

3.1 - Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 22 of the Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. Change in Control

4.1 - The Customer shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Seller as a result of the Customer’s failure to comply with this clause.

5. Price and Payment

5.1 - At the Seller’s sole discretion the Price shall be either:

5.2 - The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested.

5.3 - At the Seller’s sole discretion a non-refundable deposit may be required.

5.4 - Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Seller, which may be:

5.5 - Payment may be made by cash, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by any other method as agreed to between the Customer and the Seller.

5.6 - Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Delivery of Goods

6.1 - Delivery ("Delivery”) of the Goods is taken to occur at the time that the Seller (or the Seller’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

6.2 - At the Seller’s sole discretion, the cost of delivery is either included in, or in addition to, the Price.

6.3 - The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.

6.4 - The Seller may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

6.5 - Any time or date given by the Seller to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and the Seller will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

7. Risk

7.1 - Risk of damage to or loss of the Goods passes to the Customer on delivery and the Customer must insure the Goods on or before delivery.

7.2 - If the Customer requests the Seller to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.

7.3 - The Customer acknowledges that where possible, any tank storing the Goods should be positioned in a shaded area and it is recommended the tank be painted in a light colour to minimise the loss of water through evaporation.

7.4 - Goods supplied are sourced from a registered drinking-water supply which complies with the current DWSNZ. The Customer accepts and acknowledges that the Goods may have a noticeable smell or taste due to the treatment process.

8. Access

8.1 - The Customer shall ensure that the Seller has clear and free access to the delivery site at all times to enable them to deliver the Goods. The Seller shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Seller.

9. Title

9.1 - The Seller and the Customer agree that ownership of the Goods shall not pass until:

9.2 - Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

9.3 - It is further agreed that: