The Retail Sales Agreement serves as the primary contract governing the relationship between retailers and their customers in New Zealand. This document is essential for businesses engaged in retail sales operations, whether through physical stores or online platforms. It establishes the fundamental terms and conditions for the sale of goods, incorporating mandatory consumer protections required by New Zealand law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986. The agreement covers crucial aspects such as pricing, payment terms, delivery arrangements, returns policies, and warranty provisions, while ensuring compliance with local regulations. It's designed to protect both the retailer's interests and consumer rights, providing clarity on obligations and remedies for both parties.
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1. Parties: Identification of the seller (retailer) and buyer, including full legal names and addresses
2. Background: Brief context explaining the nature of the retail relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Supply of Goods: Core terms regarding the supply of goods, including ordering process and delivery arrangements
5. Price and Payment: Pricing terms, payment methods, and payment timing
6. Consumer Guarantees: Mandatory consumer guarantees as required by the Consumer Guarantees Act 1993
7. Risk and Title: When risk in the goods passes to the buyer and retention of title provisions
8. Returns and Refunds: Policy and process for returns, refunds, and handling of defective goods
9. Limitation of Liability: Limitations on seller's liability to the extent permitted by law
10. Termination: Circumstances and process for terminating the agreement
11. General: Standard boilerplate provisions including governing law, notices, and entire agreement
1. Credit Terms: Include when offering credit facilities or delayed payment options
2. Loyalty Program: Include when the retailer operates a customer loyalty or rewards program
3. Special Orders: Include when allowing for custom or special order items
4. Delivery Services: Include when offering delivery services with specific terms
5. Gift Cards: Include when the retailer offers gift cards or store credits
6. Online Sales: Include when goods are sold through an online platform
7. Privacy Policy: Include detailed privacy terms when collecting significant customer data
8. Warranty: Include when offering warranties beyond statutory guarantees
1. Schedule 1 - Price List: Current pricing for goods (can be updated periodically)
2. Schedule 2 - Product Specifications: Detailed specifications of goods covered by the agreement
3. Schedule 3 - Delivery Zones and Charges: Breakdown of delivery areas and associated costs
4. Schedule 4 - Returns Procedure: Detailed process for handling returns and refunds
5. Appendix A - Store Locations: List of retail locations where the agreement applies
6. Appendix B - Warranty Terms: Detailed warranty terms and conditions if applicable
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