1. General
1.1 This agreement applies to all Hancocks Premium Products purchases from Hancocks by you the customer, including from Hancocks Premium Products website, any Hancocks Premium Products Brochures.

2. Purchase Terms
2.1 When purchasing Hancocks Premium Products you accept and agree that you are legally entitled to purchase alcohol.

3. First Payment
3.1 The First Payment will be 50% of the full price as quoted on our Premium Products website, Premium Products Brochures and any other Premium Products offers. This First Payment is payable and due within 6 days of commitment. A proforma invoice will be prepared. No products will be ordered on your behalf from the supplier on receipt of this first payment. We will accumulate all orders and paid expression of interest and then by the 2nd October, 2024 as published on the Hancocks Premium Products website.

4. Second Payment
4.1 The Second Payment will be the remaining 50% of the Proforma Invoice, prices as quoted on our Premium Products website, Premium Products Brochures and any other Premium Products offers, will be invoiced after the Products have arrived in New Zealand. This Second Payment summary is payable and due on or before delivery of the Premium Products. This Second Payment invoice includes the final costs including, importing, freighting, insurance, duties, levies, taxes, tariffs, delivery and GST and therefore may vary slightly from the Second Payment price as quoted at the time of the Premium Products being offered.

5. Cut-off Date
5.1 The Premium Products cut-off date is the final day for placing orders and confirming final availability and Hancocks shall not permit (nor agrees) to any changes or additions to Premium Products orders placed after this date.

6. Payment Terms
6.1 If you pay by credit card you agree to indemnify us against any default by your credit card company to make full payment to us.
6.2 We reserve the right to recover any products for which you have not fully paid for by the due date. Hancocks shall also be entitled to exercise a lien over any products for any unpaid amounts and shall be entitled to resell the products after 20 days notice. Deposit not refundable for product returned by the retailer.
6.3 We will charge you interest at the rate of 1.5% per month if your payments are unpaid after the due date.
6.4 In the event of default in any payments, Hancocks shall be entitled to claim payment of the debt and its costs and losses of and incidental to the purchase. Hancocks shall have the right of set-off in relation to and against any other of the customer's accounts.

7. Limitations
7.1 Hancocks liability shall be limited to the prices specified in the first payment invoice for any disputed item. This constitutes your sole remedies against Hancocks and Hancocks total liability.

8. Expectations
8.1 Shortfalls. Our ability to supply or fulfil your order is limited by the quantity of Premium Products finally supplied to Hancocks by our Suppliers. If Hancocks does not receive sufficient Premium Products to enable it to supply or fulfil to you the quantity of Premium Products in your order, you agree to accept such lesser quantity of the same Premium Products, as allocated by Hancocks to you, at our sole discretion. If any short supplies of Premium Products occur, we will offer you alternative Hancocks Premium Products, at Premium Products prices to the same value or alternatively a refund for these short supplied Premium Products will be made.
8.2 Computer Error: In the event of any computer or other errors occurring on the Premium Products website, Premium Products Brochures and any other Premium Products offers, orders and/or Invoices, we will forthwith notify you of the same. If the correction increases your liability by more than 13% for the item(s) notified, you may elect to cancel the particular item(s) ordered, which are subject to that computer and/or other error. Any amounts paid by you shall be credited against your Second Payment Invoice. Otherwise the correction will be applied to the price and you shall have no entitlement to claim anything further from Hancocks.

9. Consumer Guarantees ACT
9.1 Where Products are being purchased for a business purpose, the parties agree that the provisions of the Consumer Guarantees Act 1883 are specifically excluded.
9.2 This agreement is governed by New Zealand law and any legal action must be taken in a Court in New Zealand.

10. Assignment
10.1 You may not assign any rights under this agreement except with our prior written consent. We may assign our rights under this agreement without seeking your prior consent.

11. Force Majeure
11.1 Hancocks shall not be liable for any failure or delay in supply or delivery of the Hancocks Premium Products and Services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Hancocks including, but not limited to, war, strikes, lockouts, industrial disputes/unrest, transport delays, government restrictions or intervention, fire, acts of God, breakdown of Plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotion, terrorist acts or accidents of any kind.

12. Notices
12.1 We will send all invoices and notices required under this agreement to the address (postal or email) that you nominate as your preferred method of contact. It is your responsibility to ensure that you keep up us informed of your contact details and any changes to your contact details.
12.2 You will be deemed to have received a notice sent by email , at the time that we send it and if by post, four days after we send it.
12.3 We may change the terms of this agreement from time to time by giving notice in writing and by changing the terms on our website. By placing your Premium Products order you are accepting these terms.

13. Entire Agreement
13.1 The purchaser acknowledges that the terms and conditions of this agreement are the entire agreement between the parties notwithstanding any negotiations, discussions or representations made prior to or after the placement of your order.

14. Definitions (in this agreement)

"Premium Products" means all wine and spirit products published for sale on Hancocks Premium Products website, Hancocks Premium Products Brochures and any other Premium Products offers.

"Orders" means Premium Products orders taken on the Hancocks Premium Products website, Hancocks Premium Products Brochures order forms and any other Hancocks Premium Products order forms.

"Premium Products cut-off date" means the cut-off date for placing your Premium Products order in any year and is sometimes referred to as the closure date. This date shall be as published for each product on the Hancocks Premium Products website.

"GST" means goods and services tax, payable on your Premium Products order and is included in the second payment invoice amount.

"Late payment interest rate" means 1.5% per month compounding.

"Suppliers" means the producer, distillery, vineyard chateaux, vignerons, negotiants and shippers and their agents who offer and supply the Hancocks Premium Products to Hancocks.

"Hancocks" means Hancocks Wine Spirit and Beer Merchants Ltd, also referred to as "us", "we" or "our".

"Customer" means the person or entity making the order and shall be the person liable for the order and purchase and shall include the person placing the order whether that person is acting on behalf of a company, trust or any other person or entity. Also referred to as "you", "your" and "purchaser".

"Premium Product List" means the list of Premium Products a customer wishes to purchase from Hancocks by the customer submits or enters on the Website or by any other means to Hancocks.

"Computer error" means a data entry error into our computer system that is released onto a li