Terms of Service

 

1.                GENERAL

 

1.1              All Goods supplied by Antifun Limited, trading as “Premium Vape NZ”, and its employees, contractors and agents (“PremiumVape Nz”) to the customer (“Customer”) are sold subject to these terms and conditions of sale (“Terms”).

 

1.2              The Customer acknowledges that by purchasing any Goods from PremiumVape Nz and using PremiumVape Nz’s website https://premiumvape.co.nz/(“Website”), the Customer has read, understood and accepted the Terms and agrees to be bound by the Terms.

 

1.3              PremiumVape Nz reserves the right to amend these Terms in any manner and at any time amd will notify the Customer of any amendments to the Terms by uploading the amended Terms to the Website. By continuing to use the Website and/or order Goods from PremiumVape Nz after any such amendment, the Customer is deemed to have agreed to the amended Terms.

 

1.4              No variation, modification or substitution for these Terms is binding on PremiumVape Nz unless specifically accepted by PremiumVape Nz in writing.

 

1.5              The parties acknowledge and agree that for the purposes of the Terms, any reference to the “Goods” means all goods and products supplied by PremiumVape Nz to the Customer from time to time for sale to, and purchase by, the Customer.

 

2.                USE OF WEBSITE

 

2.1              You must not use the Website if you are under the age of 18.

 

2.2              The Customer shall ensure that no other person shall use the Customer’s Website login and/or customer account to purchase any Goods from PremiumVape Nz.

 

2.3              As a condition of use of the Website, the Customer agrees:

 

(a)           Not to disrupt activity online;

 

(b)           To ensure that the Website is not used for any illegal activity or which may expose PremiumVape Nz to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;

 

(c)           Not to use anybody else's computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;

 

(d)           Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;

 

(e)           Not to run network scanning software or use open relay to distribute messages; and

 

(f)            Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, the Franchisor’s or anyone else's computer system or communications services.

 

3.                ORDERS

 

3.1              The Customer must place orders for the Goods to PremiumVape Nz in writing or via the Website’s online store.

 

3.2              Orders for Goods are subject to PremiumVape Nz’s approval and acceptance. Subject to the Terms, PremiumVape Nz will not unreasonably decline an order. All orders are subject to the availability of Goods.

 

3.3              The Customer cannot cancel any order for Goods (whether fully or in part) unless PremiumVape Nz has agreed in writing to the cancellation. The Customer cannot cancel any special indent order for Goods (being an order for Goods that PremiumVape Nz does not keep readily available in stock and where PremiumVape Nz has specifically ordered the Goods from the supplier on the Customer’s instruction).

 

3.4              PremiumVape Nz is entitled to:

 

(a)           Discontinue the manufacture or supply of all or any of the Goods;

 

(b)           Add to or substitute Goods; and

 

(c)           Make such alterations, as it thinks fit, to the specifications, manufacture, design or packaging of the Goods.

 

PremiumVape Nz will give Customers notice of any such change by updating the Website.

 

4.                PRICE

 

4.1              The price payable for the Goods ordered will be either (as applicable):

 

(a)           Where the Customer has a trade account with PremiumVape Nz and PremiumVape Nz has provided the Customer with access to PremiumVape Nz’s price list, the price specified in PremiumVape Nz’s current price list at the time the order is placed; or

 

(b)           Where the Customer orders from the Website, the price specified on the Website; or

 

(c)           In all other cases, the price specified in PremiumVape Nz’s quotation.

 

4.2              All prices for the Goods shall be in $NZD and shall be exclusive of GST (unless otherwise stated). PremiumVape Nz may correct any clerical errors or omissions in any quotation, correspondence, invoice or on the Website.

 

4.3              PremiumVape Nz reserves the right to vary the price for Goods. PremiumVape Nz will notify the Customer of any variations to the price list by emailing to the Customer notice of the change. PremiumVape Nz will notify the Customer of any variations to the prices specified on the Website by updating the Website.

 

4.4              Where a quotation is given by PremiumVape Nz to the Customer for Goods:

 

(a)           Subject to clause 4.4, the quotation will be valid for 60 days from the date of issue and thereafter will be deemed to be withdrawn; and

 

(b)           No variation of the quotation is permitted unless PremiumVape Nz has agreed in writing to the variation.

 

4.5              PremiumVape Nz reserves the right to withdraw or vary any quotation at any time before the Customer accepts the quotation in writing.

 

4.6              PremiumVape Nz reserves the right to reasonably vary the price payable for the Goods by giving the Customer notice in writing where there has been an increase in the cost of materials or the cost of supplying or delivering the Goods and/or where any circumstances described in clause 16of the Terms apply in respect of Goods.

 

5.                PAYMENT

 

5.1              Unless PremiumVape Nz otherwise agrees in writing, the Customer must pay the full price for the Goods to PremiumVape Nz before delivery of the Goods.

 

5.2              Where the Customer holds a trade account with PremiumVape Nz and PremiumVape Nz has agreed in writing to supply Goods to the Customer prior to payment, the Customer must pay the full price for the Goods to PremiumVape Nz within the time period specified on the invoice from PremiumVape Nz. Where no time period is specified on the invoice from PremiumVape Nz, the Customer must pay within seven days of the date of the invoice. PremiumVape Nz reserves the right to require payment in full for the Goods prior to delivery or supply.

 

5.3              The Customer must make all payments to PremiumVape Nz without delay, counter-claim, abatement, deduction or set off.

 

5.4              Without prejudice to PremiumVape Nz’s other rights and remedies, if any amounts due to PremiumVape Nz are not paid by the Customer by the due date for payment or the Customer breaches any other of these Terms, PremiumVape Nz may:

 

(a)           Where payment is required prior to delivery, retain the Goods until full payment for the Goods has been received;

 

(b)           Suspend or terminate any trade account the Customer holds with PremiumVape Nz, at which time all amounts the Customer owes to PremiumVape Nz will become due and payable;

 

(c)           Charge the Customer interest, payable on demand, on any overdue amounts at the rate of 12% per annum, calculated daily from the due date for payment until payment is received in full; and

 

(d)           Recover from the Customer all costs incurred by PremiumVape Nz arising from any breach of these Terms (including, without limitation, legal costs, service costs and costs of recovering unpaid amounts).

 

6.                DELIVERY

 

6.1              The Customer warrants that they will show a valid form of government issued identification to the person(s) delivering the Goods for PremiumVape NZ. This identification must include the Customer’s full name, date of birth, photo and signature. PremiumVape NZ will not deliver to any Customer who is under the age of 18 and/or cannot show identification proving that they are 18 years or older.

 

6.2              Where PremiumVape Nz has accepted an order, PremiumVape Nz will use its reasonable endeavours to arrange supply to the Customer of the Goods by the delivery or performance date agreed in writing between PremiumVape Nz and the Customer.

 

6.3              The parties acknowledge and agree that, except as expressly provided for under the Terms, PremiumVape Nz is not liable to the Customer for any failure to deliver or provide, or for any delay in the delivery or provision of, the Goods, howsoever caused and, without limiting the foregoing, PremiumVape Nz is not liable for failure or refusal to supply in the following circumstances:

 

(a)           Where payment by the Customer for Goods ordered from PremiumVape Nz has not been received by PremiumVape Nz on the due date for payment (where payment prior to delivery is required);

 

(b)           Where the Customer has failed to comply with clause 6.1of the Terms; and/or

 

(c)           Those circumstances described in clause 14 of the Terms.

 

6.4              PremiumVape Nz may, at its discretion, deliver Goods by instalments. The Customer must pay for any Goods to be delivered or provided by instalments by the due date for payment set out in these Terms regardless of whether or not all the Goods have been delivered or performed.

 

6.5              Delivery of Goods shall be deemed to take place:

 

(a)           When a Customer or its agent collects the Goods from PremiumVape Nz’s premises; or

 

(b)           When PremiumVape Nz delivers the Goods to the Customer or to the Customer’s premises; or

 

(c)           When the Goods are collected by a carrier for delivery to the Customer.

 

7.                PROPERTY, RISK AND INSURANCE

 

7.1              PremiumVape Nz retains ownership of and title in all Goods supplied by PremiumVape Nz to the Customer until the Customer has paid the full price for the Goods and all other amounts due and owing by the Customer to PremiumVape Nz.

 

7.2              The Customer grants to PremiumVape Nz a purchase money security interest in the Goods and their proceeds as security for any amounts due and owing by the Customer to PremiumVape Nz. The Goods subject to the security interest will be described on PremiumVape Nz’s invoices. PremiumVape Nz may allocate amounts received from the Customer in any manner that PremiumVape Nz determines, including in any manner that will preserve any purchase money security interest PremiumVape Nz has in the Goods.

 

7.3              The Customer undertakes to do anything PremiumVape Nz requires to ensure that PremiumVape Nz has a perfected security interest in the Goods, including signing any further documents and providing any further information that PremiumVape Nz reasonably requires for PremiumVape Nz to register a financing statement or financing change statement on the Personal Property Securities Register. The Customer undertakes to give PremiumVape Nz not less than 14 days’ prior written notice of any proposed change to the Customer’s names or details.

 

7.4              The Customer will not, without PremiumVape Nz’s prior written consent, allow any person (including the Customer) to file a financing statement over any Goods supplied by PremiumVape Nz to the Customer.

 

7.5              If the Customer sells the Goods prior to payment to PremiumVape Nz, the Customer undertakes to pay the proceeds derived from that sale into a separate bank account for the benefit and as trustee for PremiumVape Nz so that those proceeds remain identifiable in connection with that sale and the Goods.

 

7.6              The Customer waives its right to receive a copy of a verification statement in respect of any financing statement or financing change statement registered by PremiumVape Nz. Sections 114(1)(a), 133 and 134 of the Personal Property Securities Act 1999 (“PPSA”) will not apply and the Customer waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA.

 

7.7              Any breach by the Customer of these Terms will constitute a default for the purposes of the PPSA. Without prejudice to PremiumVape Nz’s other rights and remedies, the Customer irrevocably grants to PremiumVape Nz (its agents and contractors) the right and licence to enter the Customer’s premises, without notice and without any liability whatsoever to the Customer or to any person or company claiming through the Customer, in order to repossess the Goods.

 

7.8              In this clause 6, the terms “security interest”, “proceeds”, “purchase money security interest” and “perfect” have the meanings ascribed to them under the PPSA.

 

7.9              Notwithstanding that PremiumVape Nz retains ownership of and title in the Goods until payment is made in full, all risk in the Goods shall pass to the Customer on delivery.

 

7.10           The Customer is responsible for insuring all Goods from the time of delivery.

 

8.                INSPECTION

 

8.1              The Customer will inspect the Goods on delivery and shall within three working days after delivery notify PremiumVape Nz of any discrepancies or other abnormalities the Customer wishes to make a claim for. If the Customer does not notify PremiumVape Nz within three working days after delivery, then the Customer shall be deemed to have accepted the Goods.

 

9.                WARRANTIES AND EXCLUSIONS

 

9.1              Subject to these Terms, PremiumVape Nz supplies the Goods subject to any warranty given by the manufacturer of the Goods, or PremiumVape Nz as at the date of acceptance by PremiumVape Nz of any order for the Goods, for the warranty period specified in the applicable warranty’s terms.

 

9.2              The Customer must adhere to any returns claim procedure contained in PremiumVape Nz’s returns policy (as notified to the Customer by PremiumVape Nz from time to time, including on the Website) and the Customer shall allow PremiumVape Nz the sole right to manage all warranty claims with any manufacturer.

 

9.3              The Customer must give written notice to PremiumVape Nz as soon as reasonably practicable after discovering or being notified of any defect and the Customer must provide PremiumVape Nz with immediate access to undertake such repairs as PremiumVape Nz considers necessary to remedy any defect. Subject to the Terms, PremiumVape Nz’s liability howsoever arising under or in connection with any breach of warranty shall be limited to either:

 

(a)           The repair of any defect occurring during the applicable warranty period; or

 

(b)           At PremiumVape Nz’s election, if PremiumVape Nz considers that the defect is irreparable, the replacement price of the Goods.

 

9.4              Except as expressly provided for under the Terms, all other warranties, descriptions, representations and conditions as to fitness or suitability for any purpose, tolerance to any condition, merchantability or otherwise whether of a like nature or not and whether expressed or implied by law, trade, custom or otherwise are expressly excluded.

 

9.5              No agent or representative of PremiumVape Nz is authorised to make any representations, statements, warranties, conditions or agreements not expressly specified in the Terms and the Customer agrees that PremiumVape Nz is not in any way bound by any such representations, statements, warranties, conditions or agreements.

 

9.6              Where the Customer purchases goods for a particular purpose, it is the Customer’s sole responsibility to ensure that the goods will be suitable for the Customer’s purpose, and PremiumVape Nz shall have no liability whatsoever in the event that the goods are not fit for the Customer’s purpose. The Customer and PremiumVape Nz agree that Section 137 of the Commercial and Contract Law Act 2017 does not apply.

 

9.7              No warranty (express or implied) relating to the Goods shall extend under any circumstances whatsoever to include:

 

(a)           Any loss or damage not covered by any warranty given under these Terms;

 

(b)           Any loss or damage occurring at or after the expiry of the warranty period specified in the Manufacturer’s Warranty or the warranty period specified in these Terms;

 

(c)           Faults or defects caused by the Customer’s use of the Goods including, without limitation, faults or defects caused as a result of any person or entity (other than PremiumVape Nz) installing, cleaning, maintaining, repairing, modifying or adding to the Goods;

 

(d)           Faults or defects caused by the Customer’s failure to properly maintain any Goods; and

 

(e)           Any damage to Goods after risk in the Goods passes to the Customer.

 

9.8              Where the Customer acquires the Goods in trade then for the purposes of the Terms the Customer is not a consumer (as defined in the Consumer Guarantees Act 1993) and the Customer and PremiumVape Nz agree to contract out of the Consumer Guarantees Act 1993 and accordingly the provisions of the Consumer Guarantees Act 1993 do not apply to the Goods.

 

9.9              Nothing in the Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 where the Customer is a consumer (except to the extent permitted by the Act) and these terms and conditions are modified to the extent necessary to give effect to that intention. All representations, descriptions, warranties or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in these terms and conditions are hereby excluded.

 

9.10           The content on the Website is provided for guidance only and is presented in good faith and believed to be correct as at the date on which it is prepared. Nothing contained in the Website should be construed as a recommendation to use any particular Goods.

 

9.11           PremiumVape Nz make no warranties or representations about the accuracy or completeness of the Website, its content or the content of any website "hypertext linked" to or from the Website.  

 

10.             LIMITATION AND EXCLUSION OF LIABILITY

 

10.1           Except as provided in the Consumer Guarantees Act 1993 (if applicable) and under these Terms, PremiumVape Nz shall not be liable for:

 

(a)           any loss of any kind whatsoever suffered by the Customer by reason of any breach of any of PremiumVape Nz’s obligations regarding the supply of Goods or in contract, tort (including negligence) or otherwise including without limitation any indirect, special or consequential loss or damage of any kind whatsoever including, without limitation, loss of revenue, loss of profits, loss of any contract, failure to realise expected profits or savings and any other commercial or economic loss of any kind that may be suffered by the Customer;

 

(b)           any damage to the Goods due to external causes, including accident, abuse, misuse, failure to perform preventative maintenance, usage not in accordance with instructions for the Goods in any user/manufacturer guide, manual or other directions;

 

(c)           any faults, defects or damages to Goods caused by the installation, cleaning, maintaining, repairing, modifying or adding to Goods by the Customer and/or any person or entity (other than PremiumVape Nz);

 

(d)           any damages, losses or liabilities that result from the use of, or inability to use, the Website, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure or any special or consequential damages that result from the use of, or the inability to use, the Website;

 

(e)           any damages or losses caused by the Customer’s employees, agents, customers or any other persons whatsoever (whether similar to the foregoing or not); and

 

(f)            any loss, damage or injury caused to the Customer’s employees, agents, contractors, customers or other persons and the Customer will indemnify PremiumVape Nz against any claim by such persons.

 

10.2           PremiumVape Nz’s liability arising out of any claim in relation to these Terms shall not in any event exceed an amount equivalent to the price invoiced by PremiumVape Nz for the faulty Goods or the Goods giving rise to the claim.

 

11.             CUSTOMER’S LIABILITY AND INDEMNITY

 

11.1           The Customer warrants that it has the full authority to order or request PremiumVape Nz to deliver the Goods and the Customer shall be bound by all such orders and requests. Where the Customer has ordered or requested Goods, the Customer indemnifies PremiumVape Nz against any claim by any third party following delivery of the Goods by PremiumVape Nz.

 

11.2           The Customer agrees to protect, indemnify, defend and hold harmless PremiumVape Nz absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with the Customer’s breach of the Terms.

 

12.             SPECIAL PRODUCTS CONTAINING NICOTINE

 

12.1           The Customer warrants he/she is not under the age of 18 years and is legally entitled to purchase any Goods containing Nicotine.

 

12.2           Nicotine is an addictive chemical. Products containing Nicotine are intended for use by persons of legal age and laws vary by country/state. Nicotine products are not intended for use by children, women who are pregnant or breastfeeding or for use by persons at risk of heart disease, high blood pressure, diabetes, or anyone taking medication for asthma. Nicotine is a dangerous, habit forming substance and could be poisonous if ingested or comes into contact with the skin. Nicotine can increase blood pressure, cause nausea and/or dizziness. Medical attention should be sought if accidental contact occurs. KEEP OUT OF REACH OF CHILDREN AND PETS.

 

12.3           By ordering any product containing Nicotine, the Customer acknowledges the potential health risks of using Nicotine products and accepts full responsibility for the use of any products containing Nicotine.  

 

12.4           PremiumVape Nz will not be liable for any loss of any kind whatsoever suffered by the Customer arising in connect with the use of the Goods and the Customer agrees to protect, indemnify, defend and hold harmless PremiumVape Nz absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with the use or misuse of Goods supplied by PremiumVape Nz.

 

13.             INTERNATIONAL SHIPPING, IMPORTATION & LOCAL LAWS

 

13.1           The Customer agrees to, at all times, comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in the country it resides in.

 

13.2           The Website is controlled and operated by PremiumVape Nz, from New Zealand. PremiumVape Nz makes no representation or warranty that the Websites content or Goods sold comply with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand. Access to the Website or the purchase of the Goods from territories where such content or Goods are illegal is prohibited. 

 

13.3           If a Customer accesses the Website and/or purchases the Goods from outside of New Zealand, the Customer is solely responsible for compliance with applicable local laws and agrees to indemnity PremiumVape Nz absolutely in respect of any liability arising for PremiumVape Nz as a result of the Customers noncompliance with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand.

13.4           The customer is solely responsible for taxes, fees or import duty incurred during the import process. Please confirm costs likely to be incurred with your local border control before ordering.

 

14.             INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION

 

14.1           Any sale and/or supply of the Goods shall not operate so as to transfer or vest in the Customer any trade mark, patent, copyright or other intellectual property right in the Goods whatsoever. All applicable intellectual property rights in respect of the Goods remain PremiumVape Nz’s or the applicable licensor’s or manufacturer’s property and the Customer may not use, reverse engineer, interfere with or alter the intellectual property rights in any way.

 

  • Unless otherwise specified, PremiumVape Nz is the owner of, or possess rights in respect of the copyright in, the content appearing on the Website including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items.

 

  • The Customer is granted permission to electronically copy and to print hard copy portions of the Website for the sole purpose of using the Website as a resource to acquire further information about the Goods. Any other use of the Content on the Website (including reproduction for purposes other than that noted above, or any modification, distribution, or republication of any content on the Website) without our prior written permission is strictly prohibited.

 

  • All rights not expressly granted herein are reserved. Any unauthorised use of the content appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

 

14.5           If the Customer has been provided with a login, username and password for the Website, or if the Customer has been provided with access to PremiumVape Nz’s price list, or if the Customer has access to PremiumVape Nz’s restricted access trade areas on the Website (together the “Confidential Information”), the Customer must keep confidential all Confidential Information and must not disclose or distribute any Confidential Information to any person or entity, including, without limitation, to any of the Customer’s employees, unless PremiumVape Nz has authorised in writing any disclosure of Confidential Information to any person or entity. The Customer indemnifies PremiumVape Nz for any damages, losses, liabilities, costs or expenses PremiumVape Nz sustains or incurs arising from the Customer’s unauthorised use or disclosure of the Confidential Information. PremiumVape Nz reserves the right to terminate the Customer’s login or account at any time.

 

15.             CUSTOMER’S INFORMATION AND PRIVACY

 

15.1           In purchasing Goods from PremiumVape Nz, the Customer irrevocably authorises:

 

(a)           Any person or entity to provide PremiumVape Nz such information as PremiumVape Nz may require in response to any credit inquiry in relation to the Customer;

 

(b)           PremiumVape Nz to collect, retain and use any information about the Customer for the purposes of assessing the Customer's creditworthiness, marketing products and services to the Customer, assessing the Customer’s use of the Website and/or undertaking market research and statistical analysis;

 

(c)           PremiumVape Nz to disclose information about the Customer, whether collected by PremiumVape Nz from the Customer directly or obtained by PremiumVape Nz from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer and/or to any person or entity for the purposes of undertaking market research and statistical analysis.

 

15.2           In connection with the use of the Website, the Customer shall be subject to PremiumVape Nz’s Privacy Policy. The terms of this policy can be accessed by clicking here https://premiumvape.co.nz/pages/privacy-policy.

 

15.3           Where the Customer is an individual the Customer has the right to access any of the Customer’s personal information held and readily retrievable by PremiumVape Nz and the right to request PremiumVape Nz to correct any incorrect information about the Customer held by PremiumVape Nz.

 

16.             FORCE MAJEURE

 

16.1           Neither party shall be liable for any breach under the Terms in the event of force majeure which means any failure or delay in supply or delivery which is caused by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of Goods or raw materials, shortage of labour for performance of the Services, lack of skilled labour for performance of the Services, failure of any supplier to supply goods, delay in transit, import restrictions placed on PremiumVape Nz, legislative governmental or other prohibition or restriction placed on PremiumVape Nz, fire, flood, hostilities, commotions or other causes whatsoever (whether similar to the foregoing or not) beyond the parties’ reasonable control.

 

17.             TERMINATION

 

17.1           Either party may terminate these Terms with immediate effect if the other party:

 

(a)           Is in breach of these Terms; and/or

 

(b)           Becomes insolvent, fails to pay its debts as they fall due, ceases to carry on business or a resolution is passed or proceedings have commenced to have the party would up or a receiver, statutory manager, liquidator or any other administrator is appointed in respect of the party or any of its assets.

 

17.2           Without prejudice to PremiumVape Nz’s other rights and remedies, in the event of termination of these Terms pursuant to clause 17.1the Customer shall pay PremiumVape Nz immediately all amounts due and owing by the Customer to PremiumVape Nz.

 

18.             GENERAL

 

18.1           The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.

 

18.2           Except where otherwise agreed in writing, the Terms set out the entire agreement and understanding between the parties in relation to the subject matter of the Terms and merges all prior discussions between them and neither of the parties will be bound by any conditions, warranties or representations regarding the subject matter of the Terms other than as expressly provided in the Terms.

 

18.3           Notices in writing must be addressed to the other party and delivered by hand or by receipted delivery system.

 

18.4           Any waiver or failure to execute any rights by PremiumVape Nz shall not be deemed to be a waiver of any further or other right of PremiumVape Nz in respect of the Customer. No waiver is effective unless it is in writing.

 

18.5           No party may assign its rights or obligations under these Terms without the other party’s consent.

 

18.6           The headings to the clauses of these Terms are for ease of reference only and will not affect the interpretation or construction of these Terms.

 

18.7           Each and every covenant, obligation or restriction in the Terms and each part of them is deemed a severable and independent covenant, obligation and restriction. In the event of the invalidity of any covenant, obligation and restriction of the Terms such invalidity will not affect the enforceability of any other covenant, obligation and restriction of the Terms.

 

18.8           If the Customer is a company or trust, the trustee(s) or director(s), in consideration of PremiumVape Nz agreeing to supply Goods and (if applicable) grant credit to the Customer, are bound by the Terms in their personal capacity and jointly and severally personally undertake as principal debtors to PremiumVape Nz the payment of any and all money owed by the Customer to PremiumVape Nz and indemnify PremiumVape Nz against non-payment by the Customer. Any personal liability of the director(s) or trustee(s) shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in these Terms.

 

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