1. The customer shall
   a) Be responsible for locating all gas and water pipes, sewers, drains, telephone and electricity cables or wires and any land where the work/delivery to be executed or adjacent thereto which is or likely to be subject to subsidence, land-slip, erosion or flooding and all matters and things which may constitute a hazard or be endangered by carrying out the work and the customer shall prior to commencement of the work advise the driver of the location and clearly mark any of the foregoing in a manner acceptable to the driver / operator where the delivery or work is to take place.
2. Albany Firewood Limited acknowledges that it will use its best endeavors to avoid any damage to or destruction of any of the things or matters referred to in paragraph 1(a) above but neither it or any driver of any other manner be responsible or liable for any damage or destruction or (and including any consequential loss arising therefrom) any road, driveway, culvert, gutter, footpath, lawn, garden, tree, plant, fence, ornament, or other structure erected on or growing on the customer's property or on any adjoining property.
3. Albany Firewood Limited will contract on these terms only. Receipt of an order or commencement of works/delivery for the buyer will be deemed to be acceptance by the buyer of these terms. Previous dealings between this company and any buyer shall not vary or replace these terms or be deemed in any circumstances whatsoever so to do. Acceptance of goods, services from the company shall be conclusive evidence before any Court or arbitrator that these terms apply.
4. Goods, services, are offered subject to availability. Our company will arrange for transportation to the place agreed with the buyer. If no such place is agreed, delivery will be affected ex-works. The prices quoted are based on rates and charges in effect at the date of quotation. Any difference between these rates and charges and those in effect at the time of delivery will be to the buyer's account.
5. The company does not warrant that the goods/services are fit for any particular purpose whatsoever.
6. Our Company will not be liable for:
1. Loss or damage caused by any factor beyond our company's control.
2. Failure to deliver to the buyer by any specified date or dates or times.
3. The loss of or damage to goods, services while in transit (whether such loss or damage results from our company's negligence or default or otherwise howsoever)
4. Loss consequential to any of the above.
7. Unless otherwise agreed in writing the terms of payment are: -
1. Strictly net, and
2. Payment in full on prior to delivery or services provided or with specific waiver in writing be on the 20th day of the month following delivery. Albany Firewood Limited reserves the right to treat each separate delivery as a separate contract for the purposes of payment.
8. If the buyer fails to make any payment due to Albany Firewood Limited by the due date then we reserve the right (without prejudice to all our other rights) to charge default interest thereon at the rate of 2.5% per month or part thereof for the period during which it remains. If the buyer fails to make any payment due to Albany Firewood Limited by the due date then we reserve the unpaid which interest shall accrue and be payable on a monthly basis and shall accrue and be payable after as well as before judgement and shall also be liable to pay all expenses and legal costs of this company (calculated as between solicitor and own client) in relation to obtaining remedy of the failure to comply.
9. We will be entitled to refuse to deliver any goods, services if there are any outstanding monies owing to us by the buyer.
10. The buyer will make all payments due to us whatever in respect of the purchase price or otherwise howsoever in full without deductions of any nature whatsoever whether by way of setoff counterclaim or other equitable or lawful claim or otherwise howsoever.
11. Firewood is sold as a “thrown measure” unless specifically stated otherwise. This means that the quantity of wood is measured as if it was thrown into a container, and not as if it was stacked. Stacking it will reduce the volume by about 1/3 (3 cubic metres of thrown wood is roughly equivalent to 2 cubic metres stacked).
12. I confirm that my driveway is over 3 meters wide and if not my order will be left on the berm.
13. I confirm that my driveway has a gradient of 20 degrees (1 in 5) or less angle and if not my order will be left on the berm.
14. I confirm that my driveway has no overhanging trees or power/telecom lines lower than 3 meters and if not my order will be left on the berm.

PERSONAL PROPERTY SECURITIES ACT 1998

1. Upon consenting to these terms and conditions or by accepting supply from the Seller the Buyer acknowledges and agrees that:
1. These terms and conditions constitute an enforceable security agreement in terms of section 36 of the Personal Property Securities Act 1999 (PPSA).
2. A security interest is granted to the seller by the buyer in all of sellers present and after-acquired personal property supplied by the seller to the buyer during the continuance of the relationship contemplated by these terms and conditions.
3. The Buyer acknowledges, agrees and undertakes (as the case may be) that:

1. The Buyer shall sign any further documents and/or provide any further information that is required to register a financing statement or financing change statement on the Personal Property Securities Register:
2. The Buyer shall upon demand meet all costs of the Seller:
1. In relation to registering a financing statement or financing change statement, or releasing any financing statement on the Personal Property Securities Register:
2. Enforcing the Seller's security interest including the Seller's legal costs on a solicitor/client basis:
3. The Buyer will give the Seller not less. than 14 days prior written notice of any proposed change in the Buyer's name, and/or any other change in the Buyer's details or otherwise (including but not limited to a change in the Buyer's place of incorporation, address, location, nature of business. OWNERSHIP, email, phone number, or business practice):
4. The Buyer shall not allow any goods to become an accession to any property that is not subject to the security interest granted pursuant to these terms and conditions.
5. The Buyer will not do, or omit to do, or allow to be done or omitted to be done, anything which might adversely affect any security interest in the goods granted.in favour of the Seller:
6. The Buyer will not move any of the goods outside New Zealand:
7. The Buyer will not register a change demand without the prior written consent of the Seller which may be given or withheld at the Seller's absolute discretion.

The Buyer agrees for the purposes of section 107 of the PPSA that:

(a} Nothing in the sections 114(1)(a), 116, 117(1)(c), 120(2), 121, 122, 132(2), 133, 134 and 148 (Buyer's right to receive a verification statement shall apply to the Buyer.

{b) The Buyer waives the Buyer's right to:

1. not have any goods damaged when the Seller removes an accession under section 125 of the PPSA:
2. receive notice of the removal of an accession under section 129 of the PPSA.

(iii} Apply to the Court for an order concerning the removal of an accession under section 131 of the PPSA.

I by accepting the terms and conditions electronically acting as Director, Agent or Employee of the applicant company or customer acknowledge reading the conditions of sale, contained in this document hereby personally undertake to pay Albany Firewood Limited the amount payable with respect of such orders upon demand and as and when accounts become payable in respect of such orders shall become due. I will indemnify you against any loss you may suffer from granting of credit.

This contract will be governed by the laws of New Zealand.