Terms of Trade
1. DEFINITIONS
1.1. “Business Day” means 9.00am to 5.00pm, Monday – Friday.
1.2. “Customer” means the Customer, any person acting on behalf of and with the authority of the Customer or any person purchasing Products from Lil Moo.
1.3. “Delivery” means when Lil Moo has delivered the Products to the location specified in the Order.
1.4. “Lil Moo”, “We”, “Us”, or “Our” means Lil Moo Limited, any person acting on behalf of and with the authority of Lil Moo Limited.
1.5. “Month” means the period beginning on the first day of a month and ending on the last day of the month.
1.6. “Order” means the order for the Products requested by the Customer to Lil Moo via Lil Moo’s website.
1.7. “Products” means:
1.7.1. All products including but not limited to portable bottle warmers and adapters (and any agreed additions, deletions or variations to the products) the subject of an Order, supplied by Lil Moo to the Customer;
1.7.2. Any other products supplied by Lil Moo to the Customer.
1.8. Price means the amount payable by You to Us for the supply of the Products.
1.9. “Terms of Trade” shall mean these terms and conditions of trade which may be updated or varied from time to time by Lil Moo. The Terms of Trade supersedes all previous communications and negotiations between the parties relating to the Products and/or any subject matter of the Order.
1.10. “Website” means Lil Moo’s website located at: www.lilmoo.co.nz
1.11. “Week” shall mean each period starting on Monday and ending on Sunday
1.12. “You” or “Your” means you as the customer and as set out in the Quote or in any other form of instruction provided by You. Where You are more than one person or entity, those persons or entities will be jointly and severally liable under these Terms of Trade.
2. ACCEPTANCE OF TERMS OF TRADE
2.1. Any instructions received by Lil Moo from the Customer for the supply of Products (including through an online order on Our website) shall confirm Your acceptance of Our terms and conditions of trade which will be binding on You. For the avoidance of doubt if we supply you with Products on your verbal or other instruction, then that commencement of work will be taken as confirmation of your acceptance of these Terms of Trade whether or not you provide written confirmation of the same.
3. COLLECTION AND USE OF INFORMATION
3.1. The Customer authorises Lil Moo to collect, retain and use any information about the Customer for the purpose of assessing the Customer’s credit background, enforcing any rights under the Terms of Trade, or marketing any Products provided by Lil Moo to any other party.
3.2. The Customer authorises Lil Moo to disclose any information obtained to any person for the purposes set out in clause 3.1.
4. PRODUCT AVAILABILITY
4.1. Supply of the Products by Lil Moo to the Customer is strictly subject to availability of the Products taking into account such matters including but not limited to supply and manufacturing delays. If any of the Products ordered are unavailable, Lil Moo will notify the Customer immediately upon becoming aware of the unavailability and will provide the Customer with a full refund for the price of the unavailable Product.
5. ORDERS AND VARIATIONS
5.1. The Customer will complete an online Order for Products via Our website. You will be asked to review and accept these Terms of Trade when making Your Order and completing payment. Once Your Order and payment has been received by Us in full then the Order will be deemed to be accepted by Lil Moo.
5.2. The Customer may issue written instruction to Lil Moo by email (admin@lilmoo.co.nz) requesting variations to the Order. Lil Moo will endeavour to attend to any requested variation, however give no guarantees that a variation will always be available, if for example the Order has already been processed for delivery.
6. PRICE AND PRICE VARIATIONS
6.1. The Price for the Products will be as listed on Our website (exclusive of shipping fees) and as confirmed by Lil Moo when placing an Order.
6.2. All Orders are subject to an additional shipping fee which will be applied at checkout.
6.3. The Price for Our Products and Shipping is subject to change from time to time.
6.4. The Price does not include any customs charges payable.
7. PAYMENTS
7.1. Full payment for the Products and Shipping fee is to be made at checkout, when completing an online Order via Our website.
7.2. Payment for all Products will be by way of online payment to Lil Moo’s nominated bank account.
8. DELIVERY
8.1. Lil Moo shall endeavour to deliver the Products within the following estimated Delivery times to the location specified in the Order during normal operating hours (unless agreed otherwise):
8.1.1. Within New Zealand: 1 – 4 Business Days.
8.1.2. Australia: 3 – 6 Business Days.
8.1.3. International (other than Australia): 3 – 10 Business Days (however can occasionally take up to 30 Business Days)
8.1.4. Rural locations: An additional 3 Business Days to the standard delivery times above.
8.2. You are responsible for providing accurate delivery location details in the Order, and for providing adequate access to the delivery location (including but not limited to any required access codes). You shall indemnify Us against any loss suffered by Us or liability incurred by Us in respect of any breach of Your obligations under this clause.
8.3. Lil Moo utilises external NZ Post services for shipping and accordingly gives no warranties or guarantees with respect to the shipping timeframes. You acknowledge that the above shipping timeframes are estimates and may vary including (but not limited to) during sale periods, public holidays, times of seasonal offers, and shipping company delays outside of Our own control. We will not be liable for any loss suffered by You or a third party for failure to provide the Products on the Delivery date.
9. QUALITY OF PRODUCTS AND REJECTION OF DEFECTIVE GOODS
9.1. Upon Delivery, the Customer must inspect the Products (in particular the warmer) and must give notice to Lil Moo of any defective Products within 14 days of Delivery, by email (admin@lilmoo.co.nz ).
9.2. Subject to clause 9.1 Lil Moo will provide the Customer with a courier bag to return the defective item. Subject to availability, Lil Moo will provide the Customer with a replacement Product, or a full refund of the price paid for the Product.
10. RECALLS
10.1. Lil Moo shall notify the Customer immediately on becoming aware of any problem encountered in the growing, packaging, storage or transport of the Products that may have an adverse impact on the quality and/or safety of the Products.
11. RISK
11.1. The risk in the Products purchased by the Customer from Lil Moo shall pass to the Customer at the time they are Delivered to the Customer’s delivery location as recorded in the Order.
12. FORCE MAJEURE
12.1. Lil Moo is entitled (without liability to the Customer) to delay, vary or cancel the performance of any of its obligations if and to the extent that it is prevented from, hindered in or delayed in the performance of any of its obligations through any circumstances beyond its control including acts of God, governmental actions, strikes or other labour disputes (whether or not relating to Lil Moo’s workforce), lock-outs, accidents, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, flood, epidemic, fire, natural disasters, earthquakes, adverse weather, reduction in or unavailability of energy sources, breakdown of plant or machinery, restrictions or delays affecting Delivery of the Products, default of suppliers or subcontractors, shortage or unavailability of Products from normal sources of supply or the amendment or coming into force of any regulatory provision affecting the production of the Products.
13. DISPUTES
13.1. The parties must use best efforts to resolve any dispute under, or in connection with, the Terms of Trade through good faith negotiations.
13.2. In the event that resolution by good faith negotiations is not achieved to the satisfaction of both parties within 30 days of the dispute arising, such dispute will be referred to mediation or to the Disputes Tribunal (as may be appropriate) for resolution.
13.3. In the event that resolution is not achieved through mediation then either party may choose to refer the dispute to arbitration in accordance with the provisions of the Arbitration Act 1996.
13.4. This clause does not affect either party’s right to seek relief from any court.
14. WARRANTY AND LIABILITY
14.1. Lil Moo Products hold a One (1) year warranty. This warranty does not cover damage caused by accident, misuse, normal wear and tear, improper use, unauthorised maintenance (taking apart the device), neglect of proper cleaning, or failure to follow written instructions for use of the Product.
14.2. If We are supplying Products to You for the purposes of trade or a business you agree that the provisions of the Fair Trading Act 1986, the Consumer Guarantees Act 1993 and any other applicable customer protection legislation do not apply to the extent permissible by law and to the maximum extent permitted by law our warranties are limited to those set out in these Terms of Trade, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including any warranty under the Contract and Commercial Law Act 2017) are expressly excluded. Notwithstanding this, if the Consumer Guarantees Act 1993 applies to the supply of Services, You have all of the rights and remedies provided under that Act.
14.3. Lil Moo’s liability for any loss arising from a breach of such guarantees, conditions and warranties, or these terms and conditions, is limited to replacement of the Products with goods equivalent to the Products.
14.4. Lil Moo shall not be liable for any delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
14.5. To the extent permitted by law, in no event will Lil Moo be liable to the Customer for any loss (including but not limited to loss of profits or other economic loss, indirect, special, consequential, general or other similar damages) which the Customer suffers or incurs for any reason whatsoever including arising out of any breach of these terms or obligations under these terms.
14.6. The Customer indemnifies Lil Moo against any loss which Lil Moo suffers, incurs or is liable for in connection with any breach of these terms and conditions, or negligence, by the Customer or with Lil Moo exercising its rights under these terms and conditions.
15. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
15.1. Where the Customer is a company or trust, the director(s), trustee(s) or authorised person(s) placing the Order and accepting the Terms of Trade unconditionally guarantee, as principal debtor, Lil Moo the due and punctual payment by the Customer of all moneys owing to Lil Moo and the due observance and performance by the Customer of all of its obligations under the Terms of Trade, in consideration for Lil Moo agreeing to supply the Products to the Customer at their request.
16. MISCELLANEOUS
16.1. Failure by Lil Moo to enforce any of the terms and conditions contained in the Terms of Trade shall not be deemed to be a waiver of any of the rights or obligations Lil Moo has under the Terms of Trade.
16.2. The Customer shall not assign all or any of its rights or obligations under the Terms of Trade without the written consent of Lil Moo.
16.3. Lil Moo may assign all or any of its rights or obligations under the Terms of Trade without the written consent of the Customer.
16.4. The Customer shall notify Lil Moo in the event of any change of the contact details or delivery address of the Customer.
16.5. If any part of the Terms of Trade becomes illegal, void or unenforceable, this does not invalidate the rest of the Terms of Trade.
16.6. This Terms of Trade is governed by and construed in accordance with the laws of New Zealand and each party irrevocably submits to the exclusive jurisdiction of the courts of New Zealand.