Terms and Conditions of Trade

Effective 01 February 2018

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1 Application of Terms

1.1 All Goods and/or Services provided to the Customer by Supplier are subject to the following terms and conditions ("Terms"). These Terms, together with any letter of offer, works requisition, quotation and/or similar order form or Supplier invoice, in each case supplied by Supplier (each being “Supplemental Terms”), constitute the entire agreement between the Customer and Supplier for the Goods provided and/or Services performed. Each accepted order will constitute a separate agreement for the supply of the relevant Goods and/or Services. All Goods and/or Services provided to the Customer by Supplier are subject to these Terms.

1.2 Supplier may amend these Terms from time to time by notice to Customer in writing (including by email) and by publication on Supplier’s website at www.aquaheat.co.nz. A notice of the fact of amendments directing the Customer to Supplier’s website shall be sufficient notice for the purposes of these Terms. The change will take effect from the time specified. By continuing to receive any Goods and/or Services or by placing any order the Customer shall be deemed to have accepted the updated Terms.

1.3 If the Customer orders or accepts any Goods or Services, the Customer will be deemed to have accepted these Terms without qualification. To the extent that the Customer executes any Supplemental Terms, if the Customer is a company or trust, each director or trustee (as the case may be) of the Customer warrants that he/she is authorised to enter into the relevant Supplemental Terms on behalf of the Customer and has the full power, capacity and authority to execute, deliver and perform its obligations in accordance with these Terms.

1.4 Nothing in these Terms affects any rights that the Customer may have as a “consumer” under the Fair Trading Act 1986 (“FTA”) and the Consumer Guarantees Act 1993 (“CGA”). A Customer will not be a “consumer” if the Customer acquires the Goods and/or Services, or holds itself out as acquiring the Goods and/or Services, in trade.

1.5 If these Terms or any Supplemental Terms are a “construction contract” or relate to “construction work” (in each case as defined in the Construction Contracts Act 2002), the provisions of that Act will take priority over these Terms or Supplemental Terms (as applicable) if there is any conflict or inconsistency between these Terms or any Supplemental Terms and that Act.

1.6 Where Supplier and the Customer are subject to a Use-of-System Agreement (available at http://www.horizonnetworks.nz/information-disclosure-regulation) or the terms of the Electricity Industry Participation Code 2010 (“Code”), in the event of any inconsistency between these Terms or any Supplemental Terms and the Use-of-System Agreement or the Code (as applicable), the Use-of-System Agreement or the Code (as applicable) shall prevail in respect of any activity regulated by the Use-of-System Agreement or the Code. Otherwise these Terms shall apply.

1.7 If there is any conflict or inconsistency between these Terms and any Supplemental Terms then, unless otherwise expressly provided in these Terms to the contrary, the Supplemental Terms will prevail over these Terms.