Terms of Trade

Pacific Peso Investments Limited - Terms & Conditions of Trade

PPI Trading as Stripped Jerky

1. Definitions

1. “PPI” means Pacific Peso Investments, its successors and assigns (Stripped

Jerky) or any person acting on behalf of and with the authority of Pacific Peso

Investments Limited.

2. “Customer” means the person/s buying the Goods as specified in any invoice

or order.

3. “Goods” means all Goods or Services supplied by PPI to the Customer at the

Customer’s request (where the context so permits the terms ‘Goods’ or

‘Services’ shall be interchangeable for the other).

4. “Price” means the Price payable for the Goods as agreed between PPI and the

Customer in accordance with clause 4 below.

2. Acceptance

1. The Customer is taken to have exclusively accepted and is immediately bound,

jointly and severally, by these terms and conditions if the Customer places an

order on the website or through an account.

2. These terms and conditions may only be amended with PPI’s consent in

writing and shall prevail to the extent of any inconsistency with any other

document or agreement between the Customer and PPI.

3. Change in Control

1. The Customer shall give PPI not less than 24 hours prior written notice of any

proposed change of Customer’s details (including but not limited to, changes

in the Customer’s name, address, contact phone or fax number/s, or business

practice) if it affects the delivery of a purchase. The Customer shall be liable

for any loss incurred by PPI as a result of the Customer’s failure to comply

with this clause.

4. Price and Payment

1. At PPI’s sole discretion the Price will be either:

1. As indicated on the website on the day the customer has placed, and

paid for an order. Unpaid orders will not be processed until funds have

cleared. Unpaid orders will only be held for 48 hours and after this

time canceled

2. PPI reserves the right to change the Price but orders placed before the change

will be honoured at the price at the time of payment.

3. Time for payment for the Goods being of the essence, the Price will be

payable by the Customer at the time of ordering.

4. Payments are handled by DPS at checkout

5. Unless otherwise stated the Retail Price does include GST at the current rate

of 15%.

5. Delivery of Goods - Freight

1. Delivery (“Delivery”) of the Goods is taken to occur at the time that PPI (or

PPI’s nominated carrier) delivers the Goods to the Customer’s nominated

physical address even if the Customer is not present at the address (unless

specified at the time of purchasing. We do not deliver to PO Boxes

2. At PPI’s sole discretion the cost of delivery is in addition to the Price and will

be given at checkout. Prices start at $3 nationwide and increase with order

quantity. Orders made during the week will be dispatched within 24 hours 

except on Public holidays and weekends. Orders placed after 1pm will be

processed the next day. Orders placed after 1pm on Friday will be dispatched

on Monday if it is not a public holiday. Please note at Christmas Time our

offices will be closed from the 24th December until the first Monday after the

New Year (if it is not a public holiday).

3. Any time or date given by PPI to the Customer is an estimate only. The

Customer must still accept delivery of the Goods even if late and PPI will not

be liable for any loss or damage incurred by the Customer as a result of the

delivery being late. At time we may not be aware of a delay so please contact

us if you have not received your goods within 4 working days.

4. Delivery of the Goods to a third party nominated by the Customer shall be

deemed to be delivery to the Customer for the purposes of this agreement.

6. Risk

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

2. If any of the Goods are damaged or destroyed following delivery PPI is not

liable.

7. Title

1. PPI and the Customer agree that ownership of the Goods shall not pass until:

1. the Customer has paid PPI all amounts owing to PPI; and

2. the Customer has met all of its other obligations to PPI if any.

2. Receipt by PPI shall not be deemed to be payment until that form of payment

has been honoured, cleared or recognised through DPS.

8. Customer’s Disclaimer

1. The Customer hereby disclaims any right to rescind, or cancel any contract

with PPI or to sue for damages or to claim restitution arising out of any

inadvertent misrepresentation made to the Customer by PPI and the Customer

acknowledges that the Goods are bought relying solely upon the Customer’s

skill and judgment.

9. Defects

1. The Customer shall inspect the Goods on delivery and shall within 48 hours of

delivery (time being of the essence) notify PPI of any alleged defect, shortage

in quantity, damage or failure to comply with the description or quote. The

Customer shall return the items and afford PPI an opportunity to inspect the

Goods within a reasonable time following delivery if the Customer believes

the Goods are defective in any way. If the Customer shall fail to comply with

these provisions the Goods shall be presumed to be free from any defect or

damage. For defective Goods, which PPI has agreed in writing that the

Customer is entitled to reject, PPI’s liability is limited to either (at PPI’s

discretion) replacing the Goods at no extra charge or reimburse the customer

for the Goods.

10. Returns

1. Returns will only be accepted provided that:

1. the Customer has complied with the provisions of clause 9.1; and

2. PPI has agreed in writing to accept the return of the Goods; and

3. the Goods are returned at the Customer’s cost within seven (7) days of

the delivery date; and

4. PPI will not be liable for Goods which have not been stored or used in

a proper manner; and

5. the Goods are returned in the condition in which they were delivered

and with all packaging material and paperwork in as new condition as

is reasonably possible in the circumstances.

11. Warranty and compliance

1. For Goods not manufactured by PPI, the warranty shall be the current

warranty provided by the manufacturer of the Goods. PPI shall not be bound

by nor be responsible for any term, condition, representation or warranty other

than that which is given by the manufacturer of the Goods.

2. The customer shall be soley responsible for obtaining any necessary permits

under (and for compliance with) all legislation, regulations, by-laws and rules

that apply to the use of any products they purchase from PPI.

12. Consumer Guarantees Act 1993

1. If the Customer is acquiring Goods for the purposes of a trade or business, the

Customer acknowledges that the provisions of the Consumer Guarantees Act

1993 do not apply to the supply of Goods by PPI to the Customer.

13. Intellectual Property

1. Where PPI has designed, drawn or developed Goods for the Customer, then

the copyright in any designs and drawings and documents shall remain the

property of PPI.

2. The Customer warrants that all designs, specifications or instructions given to

PPI will not cause PPI to infringe any patent, registered design or trademark in

the execution of the Customer’s order and the Customer agrees to indemnify

PPI against any action taken by a third party against PPI in respect of any such

infringement.

3. The Customer agrees that PPI may (at no cost) use for the purposes of

marketing or entry into any competition, any documents, designs, drawings or

Goods which PPI has created for the Customer.

14. Default and Consequences of Default

1. Without prejudice to any other remedies PPI may have, if at any time the

Customer is in breach of any obligation (including those relating to payment)

under these terms and conditions PPI may suspend or terminate the supply of

Goods to the Customer. PPI will not be liable to the Customer for any loss or

damage the Customer suffers because PPI has exercised its rights under this

clause.

15. Cancellation

1. PPI may cancel any contract to which these terms and conditions apply or

cancel delivery of Goods at any time before the Goods are delivered by giving

written notice to the Customer. On giving such notice PPI shall repay to the

Customer any money paid by the Customer for the Goods. PPI shall not be

liable for any loss or damage whatsoever arising from such cancellation.

2. In the event that the Customer cancels delivery of Goods the Customer shall

be liable for any and all loss incurred (whether direct or indirect) by PPI as a

direct result of the cancellation (including, but not limited to, any loss of

profits).

16. Privacy Act 1993

1. The Customer authorises PPI or PPI’s agent to:

1. access, collect, retain and use any information about the Customer;

1. for the purpose of marketing products and services to the

Customer.

2. Sell and provide the products on our website

3. Be in contact with the customer about their order or enquiry.

2. The Customer shall have the right to request PPI for a copy of the information

about the Customer retained by PPI and the right to request PPI to correct any

incorrect information about the Customer held by PPI.

17. General

1. The failure by PPI to enforce any provision of these terms and conditions shall

not be treated as a waiver of that provision, nor shall it affect PPI’s right to

subsequently enforce that provision. If any provision of these terms and

conditions shall be invalid, void, illegal or unenforceable the validity,

existence, legality and enforceability of the remaining provisions shall not be

affected, prejudiced or impaired.

2. These terms and conditions and any contract to which they apply shall be

governed by the laws of New Zealand and are subject to the jurisdiction of the

courts of New Zealand.

3. PPI shall be under no liability whatsoever to the Customer for any indirect

and/or consequential loss and/or expense suffered by the Customer arising out

of a breach by PPI of these terms and conditions (alternatively PPI’s liability

shall be limited to damages which under no circumstances shall exceed the

Price of the Goods).

4. PPI may license or sub-contract all or any part of its rights and obligations

without the Customer’s consent.

5. The Customer agrees that PPI may amend these terms and conditions at any

time. If PPI makes a change to these terms and conditions, then that change

will take effect from the date on which PPI notifies the Customer of such

change. The Customer will be taken to have accepted such changes if the

Customer makes a further request for PPI to provide Goods to the Customer.

6. Neither party shall be liable for any default due to any act of God, war,

terrorism, strike, lock-out, industrial action, fire, flood, storm or other event

beyond the reasonable control of either party.

7. The Customer warrants that it has the power to enter into this agreement and

has obtained all necessary authorisations to allow it to do so, it is not insolvent

and that this agreement creates binding and valid legal obligations on it.