Terms & Conditions

1.Definitions

In these conditions unless the context otherwise requires:

  •  - Company means Mitre Rocks Vineyard Ltd.

  •  - Buyer means the person, or company buying the goods from the Company.

  •  - Products mean the products being purchased by the Buyer from the Company.

  •  - Contract means the contract between the Company and the Buyer for the purchase of the goods.

  •  - Date of the contract means where the contract arises from the order/invoice submitted by the buyer to the Company, i) the date of acceptance of the order by the Company; Contract price means the price of goods as agreed between the Buyer and the Company.

  •  - Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.

  •  - PPSA means the Personal Property Securities Act 1999.

2.Acceptance

If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

3.Terms and Conditions

These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.

4.Price

    1.    1.1 The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products supplied; or

    2.    1.2 Time for payment for the products shall be of the essence and will be stated on the invoice/order form or any other work commencement forms. If no time is stated then payment

    3.    1.3 The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.

5.Payment, Late Payment, Default of Payment and Consequences of Default of Payment

    1.    1.4 The payment will be made upon receipt of the order/invoice by direct credit, as set out on the order invoice and the goods will be dispatched upon receipt of this payment by the Companies Bank.

    2.    1.5 Subject to any provision to the contrary in the Contract, payment shall be received on or before the dispatch of the products from our Cromwell warehouse.

    3.    1.6 Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

    4.    1.7 In the event that:

      1.          a. the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

6.PPSA

    1. 1.8 The Contract constitutes a security interest in the goods supplied by the Company to the Buyer for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.

    2. 1.9 To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which are for the Buyer’s benefit, or place any obligations on the Company in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.

    3.    1,10 To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by the Company.

7.Governing laws

These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.

8.Dispute resolution

The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

9.Reservation of title

Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.

10.Warranty

The Company warrants that it replace the individual bottle shown to be defective, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered. No claim shall be accepted under such warranty if the contents of the defective bottle have been discarded or consumed. or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to replace any defective goods, and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified for return.

11.Liability

The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.


PRIVACY STATEMENT

Your privacy is important to Mitre Rocks Vineyard Ltd.  This privacy statement provides information about the personal information that Mitre Rocks collects, and the ways in which Mitre Rocks uses that personal information.


1.0 Personal information collection

Mitre Rocks Vineyard Ltd may collect and use the following kinds of personal information:

  •  - Information about your use of this website (including pages visited, your transactions);
  •  - Information that you provide using for the purpose of registering with the website (including Your name, your email address and your phone number);
  •  - Information about transactions carried out over this website (including your purchases and delivery address);
  •  -Information that you provide for the purpose of subscribing to the website services (including Club membership);


2.0 Using personal information

Mitre Rocks Vineyard Ltd] may use your personal information to:

  • Administer this website;
  •  - Personalize the website for your use;
  •  - Enable your access to and use of the website services;
  •  - Send to you, products that you purchase;
  •  - Supply to you, services that you purchase;
  •  - Send to you, statements, invoices and payment/dispatch confirmations;
  •  - Send you marketing communications.


Where Mitre Rocks Vineyard Ltd discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Mitre Rocks Vineyard Ltd may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

3.0 Securing your data

Mitre Rocks Vineyard Ltd] will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Mitre Rocks Vineyard Ltd will store all the personal information you provide on its contracted secure servers.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

4.0 Cross-border data transfers

Information that Mitre Rocks Vineyard Ltd collects may be stored and processed in and transferred between any of the countries in which Mitre Rocks Vineyard Ltd operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you may submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

5.0 Updating this statement

Mitre Rocks Vineyard Ltd may update this privacy policy from time to time by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

6.0 Other websites

This website contains links to other websites.

Mitre Rocks Vineyard Ltd is not responsible for the privacy policies or practices of any third party.

7.0 Contact Mitre Rocks Vineyard Ltd

If you have any questions about this privacy policy or Mitre Rocks Vineyard Ltd.’s treatment of your personal information, please write:

  •  - by email to   roy@mitrerocks.co.nz
  •  - by post to     PO Box 8011, Hokowhitu, Palmerston North, New Zealand.