Definitions

In these Terms, unless the context indicates otherwise:

• “Confidential Information” means any information relating to the business of either party, including customers, know-how or trade secrets, whether of a technical or business nature;

• "Force Majeure Event" means any event or circumstance beyond our reasonable control and includes, but is not limited to any event or circumstance occasioned by, or in consequence of, any act of God, strikes, lockouts, other industrial disturbances, wars, terrorism, blockades, insurrections, riots, epidemics, pandemics or other infectious diseases, shortage of labour or civil disturbances, the order, direction, or requirement of any court, government, or local authority;

• "Goods" means any goods, products or deliverables supplied or provided by us to you and includes without limitation any related or associated services, parts, or components;

• “GST” means goods and services tax as defined in the Goods and Services Tax Act 1985;

• “Intellectual Property Rights” includes copyright, and all rights conferred under statute, common law or equity in relation to inventions (including patents), trade marks, designs, domain names, rights in databases, confidential information, trade secrets, tooling design, know-how, specifications, manufacturing processes and all other proprietary rights;

• "Order" means any purchase of Goods made by you through our website checkout portal;

• "Price" means the total amount payable by you for the Goods and Services;

• “Services” means any services supplied or provided by us to you;

• "we", "us", "our" means Briquette Bros Limited trading as BRIQUETTE (company no 8457942) and its related companies (as that term is defined in the Companies Act 1993) including its agents, franchisees, successors, or assigns; and

• "you" and "your" means the person, firm, company, or entity acquiring Goods and Services from us.

Contract

• Any Order made by you with us for the supply of Goods or Services will be subject to these Terms. All other terms and conditions are expressly excluded unless otherwise agreed in writing. If there is any conflict between an Order and these Terms, these Terms prevail.

• Our agents, employees, franchisees, contractors and representatives have no authority to make any oral representations, statements, warranties, conditions or agreements that conflict with these Terms.

• By proceeding with an Order, you are deemed to have accepted these Terms and acknowledge that these Terms apply to all Orders made with any of our franchisees.

• A binding contract is deemed to be formed between us and you when we notify acceptance of your Order. You cannot cancel or suspend your Order once it has been accepted by us.

• If you are more than one legal person or entity, then your liability is joint and several.

• We may terminate this and/or any other agreement between us immediately if you do not make payment of any amounts due to us on or before the due date for payment, indicate that you will not pay any sums by the due date, fail to comply with your obligations under these Terms, or suffer an insolvency event.

• You authorise us to collect, retain and use any information about you for the purpose of assessing your creditworthiness, or enforcing any rights under this agreement. We may share your information with other agencies for these purposes. If you are a natural person, you have the right to access and correct information about yourself.

Price and Payment

• All prices displayed on our website are inclusive of New Zealand GST (15%) unless stated otherwise. You will pay all applicable GST in addition to the Price. Approved Local Stockist accounts are subject to separate wholesale pricing and payment terms as outlined in Section 7. Trade credit terms apply to approved stockist orders only.

• We reserve the right to alter the Price because of circumstances beyond our control (including changes in specifications, colours or materials, fluctuations in supplier costs, international monetary exchange rates, shipping rates, shortages, duties and tariffs, and other events outside our control).

• Full payment of the Price is required at the time of placing the Order via our secure online checkout. No Goods will be dispatched until payment clearance is confirmed. For orders outside the Greater Auckland Region, shipping costs are calculated and collected automatically at checkout.

• You must pay all amounts owing to us without set off or deduction. We may, in our discretion, allocate any payment received from you towards any invoice that we determine and may do so at the time of receipt or at any time afterwards.

• Without prejudice to our other rights and remedies under these Terms or at law, if you fail to make payment of any amount due to us, we may refuse to supply the Goods and Services and/or charge interest on the amount owing at the Official Cash Rate determined by the Reserve Bank of New Zealand plus 3% per annum from the due date for payment until payment is received in full.

• You must pay any expenses, disbursements and legal costs that we incur enforcing any rights contained in these Terms, including our reasonable solicitors’ fees or debt collection agency fees.

Equipment Ownership and Bin Bond

• Property Ownership: All physical 120L wheelie bins supplied to you remain the sole and absolute legal property of Briquette Bros Limited at all times. The provision of Goods does not constitute a sale, transfer, or assignment of ownership of the bin container to you.

• The Bin Bond: The $75.00 (NZD) bond paid on your initial Order is held by us as security against the damage, destruction, loss, alternation, or theft of the wheelie bin while it is in your custody or located at your property.

• Bond Refund Conditions: Upon formal cancellation of your service and the successful, undamaged physical recovery of the wheelie bin by our drivers, the $75.00 bond will be refunded in full to your original payment method within seven (7) business days.

• Default and Liability: If a wheelie bin is stolen, lost, contaminated with unauthorised waste, or significantly damaged while in your possession, or if you fail to grant our drivers physical access to recover the property upon service termination, the $75.00 bond will be permanently forfeited to cover replacement costs, without prejudice to any other legal remedies we may pursue to recover our property.

Delivery

• Delivery of Wheelie Bins is strictly limited to the Greater Auckland Region as defined on our service maps. Any orders placed outside our delivery zones will be cancelled and refunded, minus any applicable payment processing fees.

• We will use our reasonable endeavours to supply the Goods and Services by the delivery date specified, however, we will not be liable for any costs, losses, damages or claims relating to any failure or delay in supply caused by you, a third party or a Force Majeure Event, and you will not be able to terminate this agreement or any Order due to that failure or delay in supply.

• Unless we agree otherwise, risk in the Goods will pass from us to you when the Goods are collected or delivered in accordance with the Order.

• For refill orders, the empty bin must be left in an accessible, unlocked location at the front of the property on the designated delivery day. If our driver cannot safely access the bin, the delivery will be forfeited and subject to a standard re-delivery fee.

Warranty and Liability

• Nothing in these Terms will restrict, negate, modify or limit any of your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where you are not acquiring the Goods and Services for the purpose of a business or in trade.

• To the extent that our liability is not otherwise limited or excluded, and to the maximum extent permitted by law, our aggregate liability to you whether in tort, contract, at law or otherwise for any loss damage or injury in relation to the Goods and Services is limited to the Price actually paid by you. In such case we may, at our option, elect to provide a refund, repair the Goods, or replace the Goods/re-perform the Services.

• To the maximum extent permitted by law, we will not be liable for any loss or damage of any kind whatsoever arising from the supply of Goods and Services by us to you, including direct or consequential loss and loss of profits, whether suffered or incurred by you or another person or entity.

  Local Stockist Programme

• Eligibility & Approval The Briquette Local Stockist Programme is open to approved applicants only. Approval is at the sole discretion of Briquette Bros Limited and may be withdrawn at any time. Participation does not constitute a franchise, agency, or exclusive territorial arrangement unless separately agreed in writing.

• Setup Deposit A refundable setup deposit of $75.00 (NZD) is required upon approval to activate a stockist account. This deposit is held as security against outstanding invoices and unreturned stock. The deposit will be refunded in full within seven (7) business days of account closure, provided all outstanding invoices have been paid and all unsold stock has been returned to Briquette Bros Limited in saleable condition.

• Wholesale Pricing & Minimum Orders Approved stockists may purchase Briquette products at the following wholesale rates: — Hot Log Boxes: $15.00 (NZD) per box (50% of $30.00 RRP). Minimum order: 12 boxes. Recommended order: 84 boxes (one pallet). — Bags: $50.00 (NZD) per bag (wholesale price). Minimum order quantities for bags are to be confirmed at time of order. Minimum order quantities for bags are to be confirmed at time of order. Wholesale pricing is subject to change with 30 days written notice. Orders are accepted at the pricing current at the time of order confirmation.

• Fixed Retail Price Stockists must sell Briquette products at the following fixed retail prices nationwide: — Hot Log Boxes: $30.00 (NZD) per box. — Bags: $80.00 (NZD) per bag. Stockists may not sell Briquette products below these prices. Briquette Bros Limited reserves the right to terminate the stockist arrangement immediately if products are sold below the fixed retail price.

• Freight & Collection All freight costs from Briquette's warehouse to the stockist's registered distribution address are the sole responsibility of the stockist. Stockists may arrange delivery via their preferred third-party carrier or collect from our designated depot by prior appointment. Briquette Bros Limited accepts no liability for freight costs, transit damage, or delays on stockist-arranged logistics.

• Invoicing & Payment Terms All stockist orders are invoiced on dispatch. Payment is due in full by the 30th of the month following the invoice date (e.g. stock dispatched in July is due by 31 August). All active stockist accounts are invoiced on this same billing cycle. Briquette Bros Limited reserves the right to suspend trade credit and require payment on order if any invoice remains unpaid beyond its due date.

• Marketing Materials Briquette Bros Limited will supply approved stockists with electronic marketing materials in PDF format for local print and distribution at the stockist's own cost. Stockists must not alter, rebrand, or reproduce these materials without prior written approval. All intellectual property rights in marketing materials remain with Briquette Bros Limited at all times.

• Stock Returns & Account Closure Upon closure of a stockist account, all unsold stock must be returned to Briquette Bros Limited in its original, saleable, undamaged condition. Briquette Bros Limited will arrange collection or the stockist may return stock to our depot by prior appointment. The $75.00 setup deposit will be refunded in full once returned stock has been received, inspected, and all outstanding invoices settled.

• Termination Either party may terminate the stockist arrangement with 14 days written notice. Briquette Bros Limited may terminate immediately and without notice if the stockist breaches these Terms, fails to pay any invoice by its due date, sells products below the fixed retail price, or acts in a manner that brings the Briquette brand into disrepute. All outstanding invoices remain payable in full upon termination regardless of notice period.