Terms & Conditions of Trade

Last Updated: April 19, 2026

1. Definitions

"Kiwi Workgear" means Kiwi Workgear Limited, its successors and assigns.

"Customer" means the person/s requesting Kiwi Workgear to provide goods or services.

"Goods" means all goods or services supplied by Kiwi Workgear to the Customer.

"Price" means the price payable for the Goods as agreed between Kiwi Workgear and the Customer.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2 These terms and conditions may only be amended with the consent of both parties in writing.

2.3 Supply of Goods on credit shall not take effect until the Customer has completed a credit application and it has been approved with a credit limit established.

2.4 If supply exceeds the credit limit or payment terms, Kiwi Workgear reserves the right to refuse delivery.

3. Price and Payment

3.1 The Price shall be Kiwi Workgear's quoted price valid for thirty (30) days unless otherwise stated.

3.2 A non-refundable fifty percent (50%) deposit may be required at Kiwi Workgear's sole discretion.

3.3 Time for payment is of the essence. Payment terms are:

• On delivery for non-account customers
• 20 days following month end for approved trade account customers
• 7 days from invoice date if no other terms specified

3.4 Payment may be made by cash, cheque, bank cheque, electronic banking, or credit card (surcharge may apply).

3.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by Kiwi Workgear.

3.6 Unless otherwise stated, the Price does not include GST. The Customer must pay GST without deduction at the same time as the Price.

4. Delivery

4.1 Delivery is taken to occur when:

• The Customer takes possession at Kiwi Workgear's address, OR
• Kiwi Workgear delivers to the Customer's nominated address

4.2 Delivery costs are in addition to the Price unless otherwise agreed.

4.3 Any time specified for delivery is an estimate only. Kiwi Workgear will not be liable for any loss due to late delivery.

4.4 Free delivery on orders over $150 (standard delivery) or free site delivery for trade accounts with 10+ staff.

5. Risk and Title

5.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery.

5.2 Ownership of the Goods shall not pass until:

• The Customer has paid all amounts owing to Kiwi Workgear, AND
• The Customer has met all other obligations to Kiwi Workgear

5.3 Until ownership passes, the Customer is only a bailee of the Goods and must return them to Kiwi Workgear on request.

6. Defects & Returns

6.1 The Customer must inspect Goods on delivery and notify Kiwi Workgear of any defect, shortage, or damage within seven (7) days.

6.2 Goods will not be accepted for return unless:

• Kiwi Workgear has agreed in writing
• Returned within 7 days at Customer's cost
• Goods are in original condition with packaging

6.3 Goods printed, embroidered, made to special order, or to Customer specifications are not acceptable for return.

7. Warranty

7.1 Kiwi Workgear warrants that if any defect in workmanship becomes apparent within three (3) months of delivery, Kiwi Workgear will replace or remedy the defect.

7.2 The warranty does not cover defects caused by:

• Failure to properly maintain Goods
• Failure to follow instructions
• Use other than specified application
• Continued use after defect becomes apparent
• Fair wear and tear, accident, or act of God

8. Default and Consequences

8.1 Interest on overdue invoices accrues at 2.5% per calendar month.

8.2 If the Customer owes money, they shall indemnify Kiwi Workgear for all costs incurred in recovering the debt, including legal costs.

8.3 Kiwi Workgear may cancel any unfulfilled order and all amounts become immediately payable if:

• Any money becomes overdue
• The Customer exceeds their credit limit
• The Customer becomes insolvent

9. Privacy

9.1 Kiwi Workgear complies with the Privacy Act 2020.

9.2 The Customer authorises Kiwi Workgear to collect, retain and use information about the Customer for credit assessment and marketing purposes.

9.3 The Customer has the right to request a copy of their Personal Information and request corrections.

10. General

10.1 These terms and conditions are governed by the laws of New Zealand.

10.2 If any provision is invalid, the remaining provisions shall not be affected.

10.3 Neither party shall be liable for default due to Force Majeure (act of God, war, terrorism, strike, flood, pandemic, etc.).