We realise legal terms can be a little boring to read. So to get you started, here is a brief summary of basics of what’s involved and the key areas of importance that are covered off by our full terms and conditions. So if there is any contradiction, the full length version is the legally binding one.
We take our responsibilities as manufacturer and seller of the World’s leading soft drink brands very seriously. If you experience any problems with our products or service, please call us immediately on 0800 COCA-COLA (0800 262 226).
We recommend that you read the full terms and conditions as it is those you are agreeing to.
Buying our Products
You can buy our Products by speaking to one of our Sales Reps, calling us on 0800 COCA-COLA or placing an order.
If you use the online ordering function, we will assume that whoever is placing the order (using your user name and password) is authorised by you to do so.
No wholesaling or reselling
Under the conditions of our agreement with The Coca-Cola Company and other brand owners, we are only allowed to sell their products in New Zealand. So that means that we have to ask you not to on-sell products you buy from us.
We won’t mess you around. Once we’ve received your order we will deliver it to you on your agreed delivery day (as long as we have received your order at least 24 hours beforehand).
Sometimes problems occur that are outside of our control, and we have to delay or change deliveries. As soon as we know there might be a problem we will contact you. We don’t accept responsibility for delays but we will do our best to ensure they don’t happen. Compensation or refunds are not available for late/non deliveries.
Our prices do change from time to time so we recommend that you check this list for our current pricing before you place an order with us.
Unless we have agreed credit terms with you, all sales are cash-on-delivery (or by credit card on delivery). You can pay by credit card if you are ordering online.
If we have agreed credit terms, you need to ensure that we are paid on or before the payment due date. If there’s a problem, please call us on 0800 COCA-COLA or e-mail us at firstname.lastname@example.org and we’ll sort it out.
If we have agreed to provide you with equipment, we expect you to take care of that equipment and not to sell it or claim that it’s yours.
If there’s any issue with the equipment just call us on 0800 COCA-COLA and we will send someone to fix it.
Your satisfaction with our products and our service is essential to us!
FULL VERSION OF TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE THE BASIS UPON WHICH ORDERS ARE ACCEPTED, AND EQUIPMENT LOANED BY COCA-COLA AMATIL (N.Z.) LIMITED
The full terms and conditions are now set out in the following sections:
1.1 Application of Terms: These Terms and Conditions of Trade (the Terms) apply to a sale of Products, and the loan of Equipment, by Coca-Cola Amatil (N.Z.) Limited (CCA, we or us), whether by ordered online, via telephone or otherwise.
1.2 Please read the Terms: We recommend that you carefully read these Terms. You represent and warrant that you are over 18 and have the legal capacity to contract in New Zealand or that you are the Customer’s authorised representative and have the ability to bind the Customer to these Terms. If you do not agree to these Terms, you should not order Products or loan Equipment from us, or permit us to place Vending Machines in your Premises.
1.3 Changes to Terms: From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons. We may change the Terms at any time by posting the changed Terms on this site.
SECTION 1: SALE AND PURCHASE OF PRODUCTS
2. Products and Ordering
2.1 Products: A list of our current beverage products (the Products) is available (the Product List). We only sell and deliver Products in New Zealand.
2.2 Alcoholic Products: We will only supply Products that are alcoholic beverages where you hold the appropriate licence to sell such alcoholic beverages under the Sale and Supply of Alcohol Act 2012.
2.3 Placing Orders: When ordering Products from us online or otherwise you are responsible for correctly entering all requested order information. If incorrect information is entered, it may result in you receiving and being liable to pay for unwanted Products. You may be issued with an order confirmation or receipt for orders you place via this website or by e-mail. Issue of an order confirmation or receipt does not mean that your order has been accepted by us or that we will be able to complete the order in whole or in part.
2.4 Responsibility for Orders Placed: It is your risk and responsibility to obtain every necessary or prudent authorisation to buy, possess, and/or resell the Products and to ensure that Products are purchased by an authorised person. You are liable for every order made by you or on your behalf.
2.5 Minimum Orders: Orders of Products with a net value of less than $200.00 will not be accepted.
2.6 Stock Availability: We will use reasonable efforts to ensure that we have in stock the Products shown in the Product List. However, we do not guarantee the availability of any Products, and we will not be liable for any loss, damage or costs incurred by you or any other person if we are unable to provide you with Products shown in the Product List.
2.7 Orders not binding: Orders will not be binding on us until we have delivered the order to your nominated address and you have accepted the order by signing the delivery docket.
2.8 No on-selling: You agree that the Products are to be sold by you in the ordinary course of business. Unless authorised by us, in writing, you must not, under any circumstance, sub-deal, on-sell or in any way supply the Products for the purpose of resale or redistribution by third parties.
3.1 Despatching Orders: We will use our best endeavours to despatch orders no later than two Business Days after the day your order is received by us and you have received confirmation of your order from us via email or equivalent.
3.2 Delivery: We will, at our cost, deliver the Products to the Premises (provided the Premises are in New Zealand) by whatever methods and route we consider to be the most expedient. You agree to accept delivery of the Products at any time between 9.00am to 3.00pm on a Business Day.
3.3 Delivery by Instalments: We may deliver the Products in instalments and you must pay an amount for an instalment as notified by us in the Invoice. If we fail to deliver any instalment you must still accept and pay for the balance of the Products delivered.
3.4 Late Delivery: You agree that time is not of the essence in relation to delivery and that you must accept and pay for the Products even if they are delivered after a requested time. We will not be liable for any loss or damage arising from late delivery.
3.5 Failure to Deliver: We will not be liable for any failure to perform our obligations under these Terms if such failure is due to Force Majeure.
3.6 Delivery Completion: Delivery is complete when the Products reach the address you have specified for delivery. We will be responsible for arranging the delivery of Products unless you arrange otherwise with us. You also acknowledge that, in New Zealand, it is against the law to leave restricted Products, such as alcohol, unattended at an address. You must ensure that your representative is available to take delivery at the designated time for delivery because we will not leave the Products unattended.
3.7 Inspection on Receipt: You must inspect the Products on or immediately after delivery. Order shortages or damage in transit must be notified to our customer services team within 48 hours of the delivery.
3.8 No Returns: Nothing in these Terms entitles you to return the Products as being surplus to your needs, or for any other reason other than set out in these Terms.
3.9 Pallets: Any pallets used for the delivery, storage or display of the Products are not included in the Purchase Price unless otherwise specified and will remain the property of their owner. You must promptly return or exchange the pallets in your custody on the day of delivery (unless otherwise agreed with CCA) or reimburse us for the cost of replacement or repair of lost or damaged pallets.
4. Price and Payment Terms
4.1 Purchase Price: Products will be charged at the Purchase Price applying on the date on which they are delivered to you. Any applicable taxes (including GST) will be added to the Purchase Price.
4.2 Payment: Subject to clause 4.3, you must pay the Purchase Price in advance of, or in cash or by credit card on, delivery. If you are paying by credit card, you represent and warrant that the credit card is issued in your personal name (or, if the Customer is not an individual, in the Customer’s name) and that the Customer will pay to the issuer all charges incurred through the use of such means of payment.
4.3 Payment on Credit Terms: If you have obtained a credit facility from us under the Credit Terms, and you are entitled, in accordance with the Credit Terms, to the benefit of a Period of Credit, you must pay the Purchase Price within the Period of Credit. Payment by cheque or other bill of exchange is not made until the cheque or bill of exchange is honoured in full.
4.4 Failure to Pay: If the Purchase Price is not paid in full when due, we may exercise our rights under clause 4.8 and, in addition, may charge you a late payment fee on the unpaid amount for the period from its due date until it is paid, together with all legal (solicitor and own client) costs, debt recovery agents’ fees, and other costs and expenses incurred by or on behalf of us in enforcing our rights. The late payment fee will be calculated on a daily basis at a rate which is equal to 4% above the then current base rate for business lending published by Westpac Banking Group at www.westpac.co.nz on the overdue amount (calculated on a daily basis until the account is paid in full). You must pay such amounts to us on demand. For the avoidance of doubt, where you have entered into a direct debit arrangement with CCA, you authorise us to deduct, from your nominated account, any account payable to us under to this clause 4.4.
4.5 No Deductions: You must make all payments due to us in full without any deductions, whether by set-off, counter-claim, or any other equitable or legal claim.
4.7 Satisfaction of Debts: Where you owe any money to us, we will be entitled, at our discretion, to accept any payment received and apply it towards satisfaction of any such indebtedness.
4.8 Repossession of Products: If you fail to pay in full the Purchase Price for the Products we may, at your cost, retake possession of the Products title to which has not passed to you. We, for that purpose, may enter any Premises where those Products are held and remove those Products.
5. Risk and Title
5.1 Risk: Risk of any loss, damage or deterioration of, or to, the Products passes to you on delivery. You will insure the Products for their full insurable value.
5.2 Title: Legal and beneficial ownership to the Products does not pass from us to you until you pay in full the Purchase Price and all other monies payable or owing but not paid to us by you on any account.
5.3 Dealing with Products: Until title to the Products passes to you, you acknowledge and agree:
5.3.1 that the Products supplied and not resold are held by you as a bailee for us;
5.3.2 you may resell the Products;
5.3.3 if the Products have been resold by you, you will hold so much of the proceeds of sale as do not exceed the outstanding monies on trust for us immediately when they are receivable or received;
5.3.4 when the proceeds held in trust for us under clause 5.3.3 are received they must either be paid immediately to us or held in a separate bank account as trustee for us and they must not be used by you in any other way whatsoever; and
5.3.5 the authority conferred on you by clause 5.3.2 may be revoked by written notice from us at any time if we deems your credit to be unsatisfactory or if you are in default in the performance of your obligations under these Terms or any other agreement between you and us.
6. Warranties and Liability
6.1 Statutory Warranties Excluded: Subject to clause 3.7, all warranties, conditions and liabilities, whether implied by law, trade, custom or otherwise, and whether relating to the quality or fitness of any Products, merchantability, suitability for purpose, or otherwise (other than any warranties, conditions or liabilities which by legislation cannot be excluded) are hereby expressly excluded.
6.2 Customer Warranties: You warrant that you:
6.2.1 have and will continue to have any permit, government authorisation or licence required for you to carry on your business and, in particular and without limitation, if the Products include alcoholic beverages, that you will continue to have the requisite retail liquor licence required under any relevant laws;
6.2.2 will handle and store the Products at all times as directed by us or, in the absence of such direction, in accordance with prevailing industry standards for the particular Products; and
6.2.3 have product safety procedures in place which conform with the requirements of all relevant laws of New Zealand.
6.3 Consumer Guarantees Act not apply: You acknowledge and agree that you are not a “Consumer”, as defined in the Consumer Guarantees Act 1993, and the provisions of the Consumer Guarantees Act 1993 will not apply.
6.4 Limitation of Liability: Except as expressly provided in these Terms, to the extent permitted by law, we will have no liability to you, however arising and under any cause of action or theory of liability, in respect of loss of profit (whether direct or indirect), loss of business opportunity, or any special, indirect or consequential damages.
7. Product Quality and Recalls
7.1 Warnings about Product Quality: If we or you become aware of any defect, fault or other condition, actual, potential or threatened, in any Products (a Quality Issue) of which you have taken possession such that they should not be offered for sale to the public having regard to the nature and the extent of the threat, then that party must immediately give notice to the other of the Products affected by reference to product descriptions, batch codes, best before/used by date codes, item code numbers, quantities supplied, date of possession and any other unique identifier.
7.2 Recalls: You agree to co-operate to the fullest extent possible to diminish any risk to the public from the Quality Issue, which includes the following:
7.2.1 removing the Products that may be affected by the adverse experience from offer for sale to the public;
7.2.2 complying with all laws, regulations and notice requirements in relation to product recalls;
7.2.3 complying with any directions and corrective action required by CCA in relation to the Quality Issue;
7.2.4 recalling the Products that may be affected by the Quality Issue where they have been sold;
7.2.5 disseminating information that has been approved by us and which in our opinion is necessary or desirable to limit any harm, loss or damage that maybe.
SECTION 2: CREDIT TERMS
THIS SECTION ONLY APPLIES TO YOU IF YOU APPLY FOR AND ARE GRANTED A CREDIT FACILITY FROM US.
8. Setting up a Credit Facility
8.1 Credit Terms: The Terms set out in clauses 8 to 12 are the Credit Terms.
8.2 Credit subject to credit checks: We will only supply you with Products on credit when we have obtained a credit check satisfactory to our requirements.
8.3 Credit Application: If you seek a credit facility from us you must complete a "Commercial Credit Account Application" (Credit Application).
8.4 Guarantee and Indemnity: If a guarantee and indemnity are being provided on behalf of the Customer, the relevant terms are set out in clause 12.
9. Credit Information
9.1 Authorisation: You authorise us to: