Applicable to Nutty D'Lites - operated by Snackcraft Ltd (NZBN: 9429052198236)
Effective Date: 19/06/2025

1. Definitions

• “Supplier” means Snackcraft Ltd, trading as Nutty D'Lites.
• “Customer” means the purchaser of goods under these terms, being a wholesale buyer.
• “Goods” means all products supplied by the Supplier to the Customer.
• “Agreement” means these Terms and Conditions of Trade.

2. Wholesale Eligibility

• To qualify for wholesale pricing, the Customer must hold a valid NZBN, operate a registered business, and complete the Supplier’s Wholesale Application Form.
• Approval is at the sole discretion of the Supplier and may be withdrawn at any time.

3. Pricing and Orders

• All prices are exclusive of GST unless otherwise stated.
• Prices are subject to change without notice.
• Minimum order quantities or values may apply and will be communicated upon approval.
• Orders must be submitted in writing or via the Supplier’s approved platform (e.g., Upstock).
• The Supplier reserves the right to accept or decline any order at its discretion.

4. Payment Terms

• Proforma Terms: All new wholesale accounts are placed on proforma payment terms for their initial orders. Payment must be received in full before any Goods are dispatched.
• Standard Terms: Standard payment terms of 7 days from the invoice date may be offered at the Supplier’s sole discretion once a trading history has been established, unless otherwise agreed in writing.
• Late payment may incur:Interest of 2.5% per month (compounded monthly) on overdue balances.Suspension of further orders.Withdrawal of any discounts or pricing agreements.
• The Customer shall be liable for all reasonable costs incurred by the Supplier in the collection of any overdue amounts, including but not limited to legal fees, debt collection agency charges, and court costs.

5. Credit Checks and References

• The Supplier reserves the right to carry out credit checks on the Customer or request trade references prior to extending credit terms.
• By placing a wholesale order, the Customer authorises the Supplier to:Obtain credit information from third parties.Provide credit information to third parties, including credit reporting agencies.Use this information for the purpose of determining creditworthiness and managing account risk.

6. Delivery and Risk

• Delivery is deemed to occur when Goods leave the Supplier’s premises.
• Risk in the Goods passes to the Customer upon dispatch.
• The Supplier shall not be liable for any delay or failure in delivery caused by factors outside its control.
• Any shortages or damages must be reported within 48 hours of delivery.

7. Returns and Refunds

• Wholesale purchases are non-refundable except in the case of defective or incorrectly supplied Goods.
• Return requests must be made within 7 days of delivery and be accompanied by proof of purchase.
• Returned items must be in resaleable condition unless defective.
• Returns are accepted at the Supplier’s discretion and may be subject to a restocking fee.

8. Retention of Title

• Title to the Goods remains with the Supplier until full payment has been received.
• Until title passes, the Customer holds the Goods as bailee and must store them separately and clearly identify them as belonging to the Supplier.
• The Supplier may enter the Customer’s premises to recover unpaid Goods at any reasonable time without notice.

9. Use of Trademarks and Branding

• Use of the Nutty D'Lites name, logos, images, or marketing materials requires prior written permission.
• The Supplier may revoke any such permission at its discretion.

10. Limitation of Liability

• To the extent permitted by law, the Supplier shall not be liable for any indirect, incidental, or consequential loss arising from the supply or use of Goods.
• Liability is limited to the replacement value of the Goods or refund of the purchase price.

11. Termination

• Either party may terminate this Agreement with 14 days’ written notice.
• The Supplier may terminate immediately if:The Customer becomes insolvent or is placed into receivership or liquidation.Payments are overdue by more than 21 days.There is a breach of any terms herein.

12. Governing Law

• This Agreement is governed by the laws of New Zealand.
• Any disputes shall be subject to the exclusive jurisdiction of the New Zealand courts.

13. Amendments

• These terms may be updated from time to time.
• The current version will always be available upon request or at www.nuttydlites.co.nz.