1. Definitions

• “Supplier” means Ninetrees Ltd.

• “Customer” means the applicant named in the credit application form and includes its directors, shareholders, trustees, and guarantors.

• “Goods” means all products supplied by Ninetrees Ltd, including fresh fruit, processed goods, and related items.

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2. Credit Terms

• Credit facilities are granted at the sole discretion of Ninetrees Ltd.

• Payment terms will be confirmed by Ninetrees Ltd upon acceptance of the credit application.

• Ninetrees Ltd may suspend or withdraw credit facilities at any time without notice.

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3. Prices and Orders

• All prices are in New Zealand dollars and exclusive of GST unless otherwise stated.

• Orders are subject to availability and confirmation by Ninetrees Ltd.

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4. Delivery and Risk

• Risk in the goods passes to the Customer upon delivery.

• Delivery dates are estimates only; Ninetrees Ltd is not liable for any loss caused by delay in delivery.

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5. Ownership / Retention of Title

• Ownership of goods remains with Ninetrees Ltd until full payment is received.

• Ninetrees Ltd reserves the right to enter the Customer’s premises and repossess goods if payment is overdue.

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6. Default

• Interest at 2.5% per month may be charged on overdue accounts.

• All collection and legal costs incurred in recovering overdue amounts will be payable by the Customer.

• Ninetrees Ltd may suspend supply until the account is paid in full.

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7. Personal Guarantee

• Where the Customer is a company, trust, or other entity, each director, trustee, or authorised signatory who signs the credit application agrees to act as a personal guarantor.

• The Guarantor(s) jointly and severally guarantee the due and punctual payment of all amounts owing to Ninetrees Ltd under this agreement.

• This guarantee is continuing and unconditional and will not be affected by:

• any change in ownership or structure of the Customer,

• Ninetrees Ltd granting extensions of time or variations of terms, or

• the insolvency, liquidation, or receivership of the Customer.

• The Guarantor(s) agree to indemnify Ninetrees Ltd for any loss suffered as a result of non-payment by the Customer.

• This personal guarantee is a principal obligation, meaning Ninetrees Ltd can enforce it directly against the Guarantor(s) without first pursuing the Customer

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• 8. Limitation of Liability

• Ninetrees Ltd’s liability for defective goods is limited to replacement of the goods or refund of the purchase price at its discretion.

• Ninetrees Ltd will not be liable for any indirect, consequential, or special loss or damage.

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9. Privacy

• The Customer authorises Ninetrees Ltd to collect, use, and disclose personal or credit information for the purpose of assessing this application, monitoring credit, and recovering debts.

• Ninetrees Ltd may obtain information from credit reporting agencies and trade references and may disclose account details to such agencies.

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10. Governing Law

• These Terms and Conditions are governed by the laws of New Zealand.

• Any disputes will be subject to the non-exclusive jurisdiction of the New Zealand courts.