1. About these terms
These terms apply to the wholesale supply of packaged ice by Solid H2o ("we", "us") to approved stockists ("you"). By submitting this application and placing orders, you agree to these terms. The person signing warrants they are authorised to bind the business named in the application.
2. Account approval
All stockist accounts are subject to approval at our discretion. We may decline an application, or suspend or close an account, at any time. Approved stockists may be listed on our website as a place to buy Solid H2o ice; let us know if you would prefer not to be listed.
3. Pricing
Prices are in New Zealand dollars and exclude GST unless stated otherwise. Delivery within our regular delivery area is included unless otherwise agreed. Additional charges may apply for urgent, out-of-schedule or out-of-area deliveries. We will give you notice before changing your agreed pricing.
4. Orders and deliveries
Orders can be placed by phone or by email to solidh2onelson@gmail.com, or set up as a regular delivery schedule. Orders are subject to availability and acceptance. Delivery times are estimates, and demand can peak during hot weather and holiday periods, so please order ahead where you can. A member of your team should be available to receive deliveries, and the delivery record (including the name of the person receiving it) is taken as confirmation of the quantity delivered.
5. Payment
Unless otherwise agreed in writing, invoices are due by the 20th of the month following delivery, by bank transfer. We may suspend deliveries to accounts that are overdue. Reasonable costs of recovering overdue amounts may be charged to your account.
6. Ownership and risk
Ice remains our property until it has been paid for in full. Risk in the ice passes to you on delivery, once it has been placed in your freezer or handed to your staff.
7. Storage and handling
Ice is a food product. You agree to keep it frozen at or below -18°C in a clean freezer used for food, to keep bags sealed and undamaged, to rotate stock so older bags sell first, and not to thaw and refreeze ice or repackage it. We are not responsible for ice that melts, fuses or is contaminated after delivery because of storage or handling.
8. Freezers and equipment
Where we supply a freezer, merchandiser or other equipment, it remains our property. It must only be used to store and display Solid H2o ice, kept clean and powered on, and not moved without our agreement. Let us know promptly about any faults. We may collect our equipment when the account closes.
9. Stock counts and access
Our drivers may count the Solid H2o stock in your freezer on delivery to help plan your top-ups. You agree to give our team reasonable access to the freezer during delivery hours.
10. Quality, traceability and recalls
Each bag carries a batch or serial number so it can be traced back to production. If we issue a recall or ask you to hold stock, you agree to remove the affected bags from sale straight away and keep them for collection or credit. Please tell us immediately if you or a customer raise a concern about the quality or safety of our ice.
11. Claims and returns
Check deliveries on arrival. Claims for short, damaged or faulty bags must be made within 24 hours of delivery, with the bag number or a photo where possible. Because ice is perishable, it cannot be returned for change of mind; faulty ice will be replaced or credited.
12. Branding
The Solid H2o name, logo and packaging remain our property. You may use them to promote the sale of our ice, but must not alter, relabel or rebag our products.
13. Business use and liability
Ice is supplied to you for business purposes, so the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply between us, to the extent permitted by law. Our total liability for any claim is limited to the price of the ice concerned, and we are not liable for indirect loss or loss of profit. Nothing in these terms affects your customers’ rights.
14. Ending the arrangement
Either party may end the supply arrangement by giving written notice. Any outstanding amounts become due on closing, and any of our equipment must be made available for collection.
15. Changes and governing law
We may update these terms by giving you notice; continuing to order after that notice means you accept the updated terms. These terms are governed by New Zealand law.
