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In this agreement we refer to you, the purchaser as "you" or "your" and Kasber Limited, T/A Brothers Beer as "us", "we" or "our" |
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1. |
GENERAL |
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1.1 |
This agreement applies to all purchases of Brothers Beer Products by you from the Brothers Beer website and replaces all previous agreements between you and us. |
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1.2 |
We may change the terms of this agreement from time to time using the process set out in clause 17. |
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1.3 |
This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website. |
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2. |
DEFINITIONS |
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2.1 |
In this agreement unless the context otherwise requires: |
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"agreement" means this agreement and includes any other terms incorporated into it by reference; |
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3. |
PURCHASE TERMS |
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3.1 |
When purchasing products on the website you confirm and acknowledge that: |
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(a) you are legally entitled to purchase alcohol (if products you purchase include alcohol) and that you can produce sufficient evidence (e.g. NZ Driver's Licence or Passport) of that entitlement on request prior to or upon delivery of the products; |
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4. |
PRICE |
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4.1 |
Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted. |
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4.2 |
We reserve the right to vary prices without notice. |
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TRANSIT COST |
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4.3 |
Product prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price. |
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MISTAKES IN PRICE ARISING FROM COMPUTER ERROR |
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4.4 |
In the event that computer error results in a material misstatement of the price of your order we may, prior to your receipt of the order or at any time thereafter, require that you pay us the different between the amount actually paid by you in respect of your order and the correct amount payable. |
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4.5 |
In the event that we become aware of any misstatement prior to delivery, we will make reasonable endeavours to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement. |
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5. |
PRODUCT AVAILABILITY |
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5.1 |
All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted. |
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5.2 |
In the event that we are unable to supply products in the quantities specified in your purchase order you may elect to cancel or vary your order by agreement with us. |
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6. |
DELIVERY & TRANSIT |
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6.1 |
We will use our best endeavours to despatch orders no later than two business days after the day your order is received by us and you have received confirmation of your order from us via email or equivalent. We are not responsible for any failure to deliver or delay in delivery caused by any event outside of our reasonable control. |
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6.2 |
In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to delivery at a later date. |
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6.3 |
Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion). |
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6.4 |
Advice regarding order shortages or damage in transit must be given to our customer service team no later than three days after receipt of products. |
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6.5 |
Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us. |
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6.6 |
Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein. |
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7. |
PAYMENT TERMS |
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CHARGES & INVOICING |
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7.1 |
You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order unless we have agreed to give you credit. |
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REMEDIES FOR NON-PAYMENT |
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7.2 |
We reserve the right to recover any products for which you have not paid by the due date. You agree that we shall not be responsible for any loss or damage arising as a result of recovery and resale of the products save where such loss or damage arises from our negligence including that of our employees and contractors. |
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7.3 |
All costs associated with collection of any unpaid amounts will be charged to you in the event that your account remains unpaid. |
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8. |
WARRANTIES |
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8.1 |
We represent and warrant to you that: |
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(a) We have the right to sell the products to you; |
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8.2 |
We represent and warrant to you that the products: |
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(a) Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels; |
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9. |
CANCELLATION, RETURN AND REPLACEMENT |
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9.1 |
Subject to clause 8 of this agreement: |
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(a) After we have accepted your order for the products, you may not cancel the order without our consent; |
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9.2 |
If you are unhappy with the quality of your purchase then please return the items to us within 14 days of receipt in its original condition and packaging and we will refund you the value less the delivery costs. Please note that the postage and cost of returns is the responsibility of the customer or purchaser. Please email us prior to sending any back so we can issue a returns number. |