TERMS & CONDITIONS

1.1 Delivery

(a) Kiwa will use all commercially reasonable efforts to deliver its products with a relevant Delivery Date and in agreed Order Proportions for which it has accepted an Order.

(b) While Kiwa will use all commercially reasonable efforts to deliver its Products with relevant Delivery Dates and in agreed Order Portions, failure to deliver part or all of the Kiwa Product on time or in the agreed quantity will not entitle the Customer to terminate this agreement or claim compensation of any kind.  Nor is the Customer entitled to reject Kiwa Products on the basis of late delivery or a discrepancy between the quantity ordered and the quantity delivered.

 

1.2 Shortages

(a) The Customer must, as soon as possible after delivery, check the quantity of the Kiwa Products delivered against the quantity ordered and due to be delivered.

(b) Kiwa is not responsible for making good any shortage unless the Customer gives Kiwa notice of the shortage within 2 Business Days of delivery.

(c) If Kiwa does not receive a notice under clause 6.2(b), Kiwa Products delivered will be considered to accord with the quantity ordered for the period specified in the Order and to be accepted by the Customer.

 

1.3 Defective Kiwa Products

(a) Kiwa Products will comply with the Kiwa Standards.

(b) The Customer must, as soon as possible after delivery, check whether the Kiwa are damaged or defective or otherwise fail to meet the Kiwa Standards.

(c) The Kiwa Products will be considered to have been delivered in good condition and in compliance with the Kiwa Product Standards unless the Customer notifies Kiwa of the damage or defect within 2 Business Days of delivery.

(d) If the Customer notifies Kiwa under clause 1.3(c), it must:

  1. preserve the Kiwa Products in the state in which they were delivered for 10 Business Days after it notifies Kiwa; and
  2. during that period, allow Kiwa access to the Customer’s premises to inspect the Kiwa Products.

(e) Kiwa will, at its option, provide a replacement, or give a credit, for Kiwa Products only where:

  1. the Customer has given notice under clause 1.3(c) and complied with clause 1.3(d), and Kiwa is satisfied with the Customer’s claim; and
  2. if Kiwa elects to have the Kiwa Products returned, the Kiwa Products are returned to Kiwa  in the same condition as when first delivered to the Customer.

(f) So far as permitted by law, Kiwa's liability to the Customer in respect of damaged or defective Kiwa Products or failure of Kiwa Products to meet the Kiwa Standards is limited to replacement or credit in accordance with clause 1.3(e).