STANDARD TERMS AND CONDITIONS OF SALE
MADISON WHOLESALE T/A - FENCHURCH LIQUOR LIMITED
STANDARD TERMS AND CONDITIONS OF SALE
New Zealand
1. DEFINITIONS
1.1 “Company” means Fenchurch Liquor Limited (NZBN: 9429037747589 ), its successors and assigns.
1.2 “Customer” means the purchaser of Goods from the Company.
1.3 “Goods” means all liquor and other products sold by the Company to the Customer.
1.4 “Agreement” means these terms and conditions, any applicable credit or trade agreements, invoices, or quotations.
2. APPLICATION
2.1 These terms and conditions apply to all sales of Goods by the Company to the Customer unless otherwise agreed in writing.
2.2 In the event of any inconsistency between these Terms and a separate agreement, the provisions of the separate agreement prevail to the extent of the inconsistency.
3. COMPLIANCE WITH LAW
3.1 The Customer confirms it holds any necessary licences to purchase and sell alcohol (e.g. Off Licence or On Licence) as required under the Sale and Supply of Alcohol Act 2012.
3.2 The Customer shall comply with all relevant New Zealand laws and regulations including but not limited to the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, where applicable.
4. ORDERS AND PRICING
4.1 All orders are subject to acceptance by the Company.
4.2 Prices are exclusive of GST unless stated otherwise.
4.3 The Company may alter prices at any time prior to acceptance of an order.
4.4 Minimum order quantities may apply as advised by the Company.
5. PAYMENT TERMS
5.1 We accept the following payment methods for purchases made through our website:
Credit Cards (Visa, Mastercard, American Express)
Debit Cards
Other payment methods as may be specified at checkout.
5.2 All payments are processed securely via third-party payment gateways. By submitting your payment details, you agree to provide current, complete, and accurate payment information. You authorize us to charge the total amount of your order to your chosen payment method.
5.3 Once your payment has been successfully processed, you will receive an order confirmation email. This email confirms that payment has been received and your order is being prepared for dispatch.
5.4 We take reasonable steps to ensure that your payment information is secure by the Payment Gateway. However, we are not responsible for any unauthorized access or use of your payment details beyond our control.
5.5 In the event of a payment dispute or chargeback, we reserve the right to cancel your order and take appropriate legal action if necessary.
5.6 All applicable taxes ( GST) are included in the price at checkout.
6. DELIVERY
6.1 Delivery times are estimates only and the Company shall not be liable for delays beyond its control.
6.2 Risk passes to the Customer on delivery.
6.3 When you checkout you will be asked to select your delivery address. This determines your freight charges automatically.
Freight charges for mainland North Island and mainland South Island are: North Island Base charges:- $7.95 up to 12 bottles, $15.95 more than 12 Bottles, South Island Base charges:- $14.95 up to 12 bottles, $19.95 more than 12 Bottles. For all orders more than 12 bottles a surcharge of $2 per bottle apply.
7. RETENTION OF TITLE
7.1 Ownership of Goods remains with the Company until full payment is received.
7.2 The Customer must store Goods separately and label them clearly until ownership passes.
7.3 If the Customer resells the Goods before full payment, it does so as trustee for the Company and must account for the proceeds.
8. RETURNS AND CLAIMS
8.1 All claims for short supply, damage or defects must be made in writing within 48 hours of delivery.
8.2 No returns will be accepted without the Company’s prior written approval.
8.3 Returned Goods must be in saleable condition and returned within 7 days.
9. WARRANTIES AND LIABILITY
9.1 To the extent permitted by law, all conditions or warranties not expressly provided in this Agreement are excluded.
9.2 Where the Consumer Guarantees Act 1993 applies, the Customer has statutory rights which are not excluded.
9.3 The Company’s liability (if any) is limited to the value of the Goods supplied or resupplying the Goods.
10. FORCE MAJEURE
10.1 The Company is not liable for failure to perform its obligations due to events beyond its reasonable control including natural disasters, pandemics, labour shortages, or supplier delays.
11. TERMINATION
11.1 The Company may suspend or cancel supply without liability if the Customer breaches this Agreement or becomes insolvent.
11.2 Any outstanding amounts become immediately payable upon termination.
12. PRIVACY
12.1 The Company may collect, use and store personal information of the Customer for business purposes, in accordance with the Privacy Act 2020.
12.2 The Customer consents to the Company conducting credit checks.
13. GOVERNING LAW
13.1 These terms are governed by the laws of New Zealand.
13.2 Any disputes shall be resolved in the courts of Auckland, New Zealand.
14. MISCELLANEOUS
14.1 If any part of these terms is found invalid, the remainder will still apply.
14.2 These terms may be amended by the Company from time to time with notice to the Customer.
14.3 The customer consents to receive essential email and phone communications from the company regarding your order, payments, and account which are necessary to process and manage your business transactions; requests can be made to update your contact preferences at any time.