Terms & Conditions

These Terms & Conditions apply to your use of the Kaimoana Foods website and to any enquiries, quotations, orders, products or services supplied by Kaimoana Foods.

By using this website, requesting a quotation, placing an order, accepting delivery or purchasing products or services from us, you agree to these Terms & Conditions.

1. About Us

In these Terms & Conditions, “Kaimoana Foods”, “we”, “us” and “our” refer to Kaimoana Foods. “You”, “your” and “customer” refer to any person or organisation using our website or purchasing products or services from us.

Kaimoana Foods
282 Railway Road
Palmerston North, New Zealand
Email: office@kmfoods.nz

2. Acceptance of These Terms

By accessing or using this website, you confirm that you have read, understood and agreed to these Terms & Conditions and our Privacy Policy.

If you do not agree with these terms, you should not use the website or place an order with us.

We may update these terms from time to time. Any updated version will take effect when it is published on this website.

3. Website Information

The information on this website is provided for general informational purposes and to describe Kaimoana Foods, our products and our services.

While we make reasonable efforts to ensure website information is accurate and current, we do not guarantee that all information will always be complete, accurate or up to date.

Product descriptions, specifications, ingredients, packaging, availability, applications and other details may change without notice.

You should contact us directly before relying on website information when making purchasing, farming, feeding, commercial or operational decisions.

4. Product and Feeding Information

Information provided about marine feed, aquaculture products, feeding methods or product performance is general in nature unless we have provided specific written advice for your circumstances.

Product suitability and performance may be affected by factors including:

• The aquatic species and life stage
• Water quality and temperature
• Feeding rates and methods
• Farm management practices
• Storage and handling
• Environmental conditions
• Compliance with product instructions

You are responsible for assessing whether a product is suitable for your intended use and for following all product instructions, professional advice and applicable legal or regulatory requirements.

5. Permitted Website Use

You may use this website for lawful personal or business purposes, including reviewing our products and services, contacting us, submitting an enquiry or requesting a quotation.

You must use the website responsibly and must not:

• Use the website for an unlawful, fraudulent or misleading purpose
• Attempt to gain unauthorised access to the website or related systems
• Introduce viruses, malicious code or harmful technology
• Interfere with the security, operation or availability of the website
• Copy, scrape or extract website content using automated tools without our permission
• Provide false or misleading information
• Send spam or unsolicited communications through the website
• Use our name, branding or content without permission

6. Enquiries and Website Forms

When submitting an enquiry or completing a website form, you agree to provide information that is accurate, complete and current.

Submitting an enquiry or requesting a quotation does not create a binding contract and does not require us to supply any product or service.

A binding agreement will arise only when we accept an order or otherwise confirm the agreed supply arrangements.

7. Quotations

Unless otherwise stated, a quotation:

• Is based on the information available to us when it is prepared
• Is valid for the period stated in the quotation
• May be amended or withdrawn before an order is accepted
• Does not guarantee product availability
• May exclude freight, taxes, duties or additional services unless specifically included

If no validity period is stated, a quotation will generally remain valid for 30 days from its date of issue.

8. Orders and Acceptance

An order submitted to us is an offer to purchase products or services.

We may accept, reject or request changes to an order, subject to applicable law.

An order becomes binding when we:

• Confirm the order in writing
• Begin manufacturing or preparing the order
• Dispatch the products
• Otherwise communicate acceptance of the order

We may require further information, account approval, payment or a deposit before accepting or processing an order.

9. Prices and Taxes

Prices will be as stated in our quotation, order confirmation or invoice.

Unless otherwise stated, prices are exclusive of Goods and Services Tax, delivery charges, duties, levies and other applicable costs.

We may correct pricing errors before accepting an order. If an error is identified after an order has been placed, we will contact you before proceeding.

10. Payment

Payment must be made in accordance with the terms stated in our quotation, order confirmation or invoice.

We may require:

• Full payment before processing an order
• A deposit before production begins
• Payment before dispatch
• Payment within an approved account period

You must pay all amounts by the due date without deduction or set-off unless required by law.

If payment is overdue, we may suspend further supply, place the account on hold or recover reasonable costs incurred in collecting the outstanding amount.

11. Product Availability

All products are subject to availability.

We may limit quantities, substitute packaging, delay supply or cancel an order where products, ingredients or materials are unavailable or where circumstances outside our reasonable control affect supply.

Where a material change is required, we will make reasonable efforts to contact you and discuss the available options.

12. Delivery

Delivery dates and timeframes are estimates only unless we have expressly agreed otherwise in writing.

Delivery may be affected by production schedules, product availability, freight providers, weather, road conditions and other circumstances outside our reasonable control.

You are responsible for providing accurate delivery information and ensuring that suitable access is available at the delivery location.

Additional delivery, redelivery, storage or waiting charges may apply where:

• The delivery address is incorrect or incomplete
• Access is unavailable or unsafe
• No authorised person is available to accept delivery
• Delivery is delayed due to circumstances within your control

13. Risk and Ownership

Risk in the products passes to you when the products are delivered to the agreed location, collected by you or transferred to your nominated carrier.

Ownership of the products remains with Kaimoana Foods until we have received full payment for the products and all other amounts owing in relation to the order.

Until ownership passes to you, you must keep the products identifiable, properly stored and protected from loss or damage.

14. Inspection of Products

You should inspect products promptly following delivery or collection.

You must notify us within a reasonable period if products appear to be:

• Damaged during delivery
• Incorrect
• Incomplete
• Defective
• Not consistent with the agreed order

Please provide relevant details, photographs, batch information, delivery documents and any other information reasonably required for us to assess the issue.

15. Storage and Handling

You are responsible for storing, handling and using products in accordance with:

• Product labels and instructions
• Recommended storage conditions
• Applicable safety requirements
• Relevant industry practices
• Any specific written instructions provided by us

We are not responsible for deterioration, contamination, damage or reduced performance caused by incorrect storage, handling, transport, mixing, feeding or use after delivery.

16. Cancellations and Changes

You may request a change or cancellation before we begin preparing, manufacturing or dispatching the order.

We are not required to accept a cancellation or change once work has begun, products have been ordered, products have been manufactured or the order has been dispatched.

If we accept a cancellation or change, you may be required to pay reasonable costs already incurred, including materials, production, administration and freight costs.

Custom, specially formulated or made-to-order products may not be cancellable or returnable once production has begun.

17. Returns and Refunds

Returns will only be accepted where:

• We have agreed to the return in advance
• The product is defective or incorrectly supplied
• A return is required under applicable New Zealand law

Products must not be returned without first contacting us and receiving return instructions.

Where a valid claim is accepted, we may, as appropriate:

• Replace the affected product
• Repair or remedy the issue
• Provide a credit
• Refund the relevant amount

We may require the product or a sample to be retained or returned for testing and assessment.

18. Consumer and Business Purchases

Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under New Zealand law.

If you acquire products or services for personal, domestic or household use, you may have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

If you acquire products or services for business purposes, the parties agree that the Consumer Guarantees Act 1993 will not apply to the extent permitted by law.

19. Warranties

We warrant that products supplied will materially correspond with the agreed description at the time of delivery, subject to normal industry variations and any agreed tolerances.

Except where required by law or expressly agreed in writing, we do not guarantee that a product will achieve a particular growth, production, financial or operational result.

Results may vary due to factors outside our control, including farming practices, environmental conditions, species health, water quality, feeding methods and product storage.

20. Limitation of Liability

To the fullest extent permitted by law, Kaimoana Foods will not be liable for any indirect, incidental, special or consequential loss arising from the website, products or services.

This may include loss of profits, production, revenue, contracts, business opportunities, anticipated savings or data.

Where our liability cannot be excluded, our liability will be limited, at our option and to the extent permitted by law, to:

• Replacing the affected products
• Supplying equivalent products
• Repairing or remedying the issue
• Refunding or crediting the price paid for the affected products or services

Nothing in these terms limits liability where doing so would be unlawful.

21. Indemnity

To the extent permitted by law, you agree to indemnify Kaimoana Foods against reasonable loss, damage, cost or liability arising from:

• Your unlawful use of the website
• Your breach of these Terms & Conditions
• Incorrect information provided by you
• Improper storage, handling or use of products
• Your failure to follow product instructions or applicable requirements

22. Intellectual Property

Unless otherwise stated, all website content, branding, product information, images, designs, documents and other materials are owned by, licensed to or used with permission by Kaimoana Foods.

You may view or print reasonable portions of the website for your own internal use.

You must not reproduce, modify, distribute, republish, sell or commercially use our content without our prior written permission.

23. Third-Party Links

Our website may contain links to websites operated by third parties.

These links are provided for convenience only. We do not control and are not responsible for the content, availability, security or privacy practices of third-party websites.

You access external websites at your own risk.

24. Privacy

Personal information collected through our website or business dealings will be handled in accordance with our Privacy Policy and the New Zealand Privacy Act 2020.

By providing personal information to us, you acknowledge that we may use it to respond to enquiries, manage quotations and orders, provide products or services and carry out related business activities.

25. Events Outside Our Control

We will not be responsible for delay or failure to perform an obligation caused by circumstances outside our reasonable control.

These circumstances may include:

• Natural disasters and severe weather
• Fire, flood or earthquake
• Transport or supply-chain disruption
• Product, ingredient or material shortages
• Utility or communication failures
• Government restrictions or regulatory changes
• Industrial action
• Disease outbreaks or biosecurity events

We will make reasonable efforts to minimise the impact and resume performance when practicable.

26. Suspension or Termination

We may suspend supply, cancel an order or terminate an account where:

• Payment is overdue
• You materially breach these terms
• We reasonably believe you may be unable to meet your payment obligations
• Continuing supply would create a safety, legal, regulatory or reputational risk
• Products or materials required for the order become unavailable

Termination will not affect rights or obligations that arose before termination.

27. Disputes

If a dispute arises, the parties should first attempt to resolve it through good-faith discussion.

You should contact us promptly and provide full details of your concern.

If the dispute cannot be resolved directly, the parties may agree to use mediation or another appropriate dispute-resolution process before commencing court proceedings.

28. Governing Law

These Terms & Conditions are governed by the laws of New Zealand.

Any dispute relating to these terms, our website, products or services will be subject to the jurisdiction of the New Zealand courts.

29. General Provisions

If any part of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

Our failure to enforce a right or provision does not mean we have waived that right or provision.

You may not transfer your rights or obligations under these terms without our written permission.

These terms, together with any accepted quotation, order confirmation or signed agreement, form the agreement between the parties relating to the relevant supply.

30. Contact Us

If you have questions about these Terms & Conditions, please contact:

Kaimoana Foods
282 Railway Road
Palmerston North, New Zealand
Email: office@kmfoods.nz