Nothing in these Terms and Conditions of Trade will restrict, negate, modify or limit any of your rights under the Consumer Guarantees Act 1993 where the goods and services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and you are not acquiring the goods or services for the purpose of a business or in trade.

  1. DEFINITIONS
    1. Goods shall mean all goods and products provided by Safe2U to the Customer.
    2. Quote means a quote provided by Safe2U for the provision of Goods.
    3. The Price means the price of Goods agreed between the Parties as provided for by Clause 3 and is expressed exclusive of GST.
    4. Terms means these Terms and Conditions of Trade.
    5. Safe2U means WZ Services Limited trading as Safe2U, its agents, successors or assigns.
    6. The Customer means the person(s) or entity(ies) named as the customer on the Quote.
    7. The Parties means Safe2U and the Customer.
    8. Amount Owing means any unpaid part of the Price properly due to Safe2U in accordance with the Terms.

  2. CONTRACT
    1. These Terms apply and are incorporated into any contract for the provision of goods or services between Safe2U and the Customer.  All other terms and conditions are expressly excluded unless otherwise agreed in writing.
    2. A binding contract is deemed to be formed between Safe2U and the Customer when the Customer accepts our Quote in person or by telephone or email or instructs Safe2Uto provide the Goods and Services (“the Contract”).

  3. QUOTING / PRICING
    1. The price for the Goods shall be as specified in the Quote.  Unless otherwise agreed by Safe2U, the Quote shall be valid for thirty (30) days from the date of issue, and the price specified in the Quote shall be exclusive of GST unless specifically stated otherwise.
    2. Safe2U reserves the right to alter the Quote because of circumstances beyond its control.
    3. Where Goods are required by the Customer in addition to those specified in the Quote, the Customer agrees to pay for the additional cost of such Goods.

  4. DELIVERY
    1. Delivery of the Goods will be made at the Customer’s premises unless the Customer has instructed otherwise.  If the Customer fails to take delivery, the Goods are deemed to have been delivered when Safe2U was willing to deliver them and the Customer shall pay Safe2U an amount equal to any extra cost Safe2U incurs for either transport or storage or both.
    2. Safe2U accepts no responsibility for delay in delivery howsoever caused.
    3. Delivery is deemed to have occurred when possession of the Goods is taken by the Customer.
    4. Safe2U may deliver the Goods by instalments.  Each instalment is deemed to be a separate contract on the same Terms as the Contract. If Safe2U fails to deliver, or makes defective delivery of, one or more instalments, the Customer is not entitled to cancel the Contract.
    5. If the Customer requests delivery to be made outside of normal working hours, the Customer shall pay to Safe2U an amount equal to any extra cost Safe2U incurs for transport.
    6. Safe2U will dispatch your order as soon as possible with an estimated delivery timeframe of 1-5 working days from when your order is placed.
    7. Safe2U only deliveries within New Zealand via our website, if you would like a quote for an international order please contact us.

  5. PAYMENT
    1. Cash Sales Termsthe Customer must pay the amounts owing to Safe2U without set off or deduction as specified in the Quote.  The Customer must pay in full on or before delivery.
    2. On Account Termsthe Customer must have completed an Account Application in full, and that application be accepted by Safe2U.  Once an Account has been opened, the Customer must pay the amounts owing to Safe2U without set off or deduction as specified in the Quote. The Customer must pay in full on or before the 20th day of the month following the date of Safe2U’s invoice.
    3. Payment can be made by Direct Banking, or Cheque, or Credit Card (subject to facility being available).  Payments by Credit card will incur a 2.5% surcharge on the invoiced amount.
    4. Without prejudice to Safe2U’s other rights and remedies under these Terms or at law if the Customer fails to make payment of any amount due to Safe2U, it may charge interest on the Amount Owing at the rate of 2% per month or part month from the due date for payment until payment is received in full.  Any expenses, disbursements and legal costs incurred by Safe2U in the enforcement of any rights contained in the Terms shall be paid by the Customer, including Safe2U’s reasonable solicitor’s fees or debt collection agency fees.
    5. Property in, ownership of and title to the Goods shall not pass until the Customer pays the Amounts Owing in full.

  6. PERSONAL PROPERTY SECURITIES ACT 1999 (“the PPSA”)
    1. Without limiting anything else in these terms and conditions, the Customer acknowledges that:
      1. The Terms create, in favour of Safe2U, a security interest in all present and after acquired Goods (being, for the avoidance of doubt, all the Customer’s present personal property and after-acquired property except for any item of personal property which has not (or which is exclusively the proceeds of any item of personal property which has not) been supplied by Safe2U to (or for the account of) the Customer) to secure the payment by the Customer to Safe2U of the Amount Owing; and
      2. These Terms will apply notwithstanding anything, express or implied, to the contrary contained in any purchase order (or its equivalent, whatever called) of the Customer; and
      3. The Security Interest shall continue until Safe2U gives the Customer a final release.
    2. The Customer undertakes to:
      1. Promptly do all things, sign any further documents and/or provide any information which Safe2U may reasonably require to enable Safe2U to perfect and maintain the perfection of its Security Interest (including by registration of a financing statement);
      2. Give Safe2U not less than 14 days’ prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changes in the Purchaser’s address, facsimile number, trading name or business practice).
    3. The Customer waives its right to receive a verification statement in respect of any financing statement relating to the Security Interest.
    4. To the extent permitted by law, the Customer and Safe2U contract out of:
      1. Section 114(1)(a) of the PPSA; and
      2. The Customer’s rights referred to in sections 107(2)(c), (d), (h) and (i) of the PPSA.
    5. The Customer agrees that the Security Interest has the same priority in relation to all amounts forming part of the Amount Owing, including future advances.

  7. LIABILITY & EXCLUSIONS
    1. Despite anything else contained in these Terms:
      1. The Parties agree and acknowledge that if the Goods and Services supplied by Safe2U and hired or acquired by the Customer are supplied and hired or acquired in trade within the meaning of the Fair Trading Act 1986, that sections 9, 12A, and 13 of the Fair Trading Act 1986 will not apply to the agreement between the parties, and that it is fair and reasonable to exclude their application
      2. The Parties agree and acknowledge that if they are both in trade, and that the Goods supplied by Safe2U and acquired by the Customer are supplied and acquired in trade, that the provisions of the Consumer Guarantees Act 1993 will not apply to the agreement between the parties, and that it is fair and reasonable to exclude their application;
      3. Unless these Terms expressly provide otherwise, to the fullest extent permissible by law all warranties, conditions or other terms implied by law are excluded; and
      4. For the purposes of this clause the Customer acknowledges that it had a reasonable opportunity to review these Terms, discuss them with Safe2U, and receive advice from its legal advisor, if it wished to do so.
    2. Safe2U will not be liable for:
      1. Failure to deliver the Goods by a specified date;
      2. An event beyond Safe2U’s control;
      3. Failure of the Goods howsoever arising;
      4. Testing the Goods; and
      5. Deterioration of the Goods due to exposure to the elements after delivery.
    3. Except as otherwise provided in these Terms:
      1. Safe2U shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Goods by it to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by Safe2U to the Customer; and
      2. The Customer indemnifies Safe2U against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence Safe2U or otherwise, brought by any person in connection with any matter, act, omission, or error by Safe2U or its respective agents, directors or employees in connection with the Goods.
    4. Despite anything else, any liability of Safe2U arising under the Contract, in tort, in equity or otherwise, will not exceed five times the price of the Goods in relation to which the liability has arisen.

  8. RETURN OF GOODS
    1. Except as provided in this clause, the Customer is not entitled to return the Goods to Safe2U for any reason.  For defective Goods which the Customer is entitled to reject, Safe2U’s liability is limited to either (at Safe2U’s discretion) repairing or replacing the Goods or refunding the price provided that:
      1. The Customer must notify Safe2U within seven days of delivery that the Goods are defective;
      2. Safe2U is given a reasonable opportunity to investigate the Customer’s claims;
      3. Safe2U will not be liable for Goods which have been tampered with or modified without Safe2U’s approval or which have not been stored or used in proper manner; and
      4. Safe2U will not be liable to pay the Customer any amount more than the amount (if any) Safe2U actually receives from the Customer for the defective Goods.
    2. Safe2U may (in its discretion) accept the Goods for credit but this will incur a handling fee of such amount as Safe2U may determine and notify to the Customer and the amount of any credit will be less any freight costs.

  9. MISCELLANEOUS
    1. If any provision in the Terms shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.The Customer must not assign or transfer all or any part of its rights or obligations under the Terms without Safe2U’s prior written consent.  Safe2U may assign any rights or obligations without the Customer’s approval as well as subcontract any obligations to third parties.
    2. If the Customer is a limited liability company Safe2U reserves the right to require that some or all of the directors of that company personally guarantee the liability of the Customer to pay any Amounts Owing to Safe2U under the Contract.  The Customer shall bear the cost of drafting any such personal guarantee in a form acceptable to Safe2U. Any such personal guarantee shall be executed as a deed.
    3. If the Customer is a trust, these Terms ill bind each trustee of that trust and each trustee personally. Safe2U’s rights against each trustee will only be limited if the trustee is an independent trustee (not being a trustee who has a right to or interest in any of the assets of the trust except in the trustee’s capacity as trustee of that trust). The liability of an independent trustee shall be limited to the assets of the trust. However, this shall not affect the liability of an independent trustee who has guaranteed the Customer's obligations under these Terms in his or her personal capacity.