TERMS OF TRADE

The following terms of trade ("Terms") apply to all products ("Products") purchased from Hairtech Enterprise Limited ("us, we, our"). This includes our successors, assigns, and any authorised person acting on our behalf. These Terms are intended to guide our business relationship and will take priority over other documents. We may update these Terms at any time by notifying you in writing. Changes are effective from the date of notification or your next order.

Orders

To order Biopulent Professional wholesale Products and access our Stockist features and benefits, you need to open an account with us. Orders ("Order/s") can be made in writing or via our website by logging into your trade account. By placing an Order, you accept and are bound by these Terms from the time of your first Order or acceptance of our Terms. We will strive to supply all ordered Products. If unavailable, we will address this case-by-case, possibly through back orders or order amendments. We trust that the individuals placing orders on your behalf have the appropriate authority. It's your responsibility to secure all necessary authorisations, licenses, permits, and consents for the Products we supply.

Price and Payment

Product prices are listed on our website www.biopulent.co.nz or available via email request. A shipping and handling fee will be disclosed when ordering:

• Payment is required in full before delivery.
• Payments must be made without counterclaims, set-offs, or deductions and cannot be withheld due to disputes.
• Payments can be made by electronic/online banking, credit card, Afterpay, or another agreed method.
• Credit card payments: We retain personal details as necessary and comply with the Privacy Act 2020 or legal requirements.

Delivery

Delivery occurs when Products are delivered to your specified address, even if you are absent. Products may be delivered in separate instalments, each requiring individual payment. Delivery times are estimates, and we are not liable for delays. If you are unable to accept delivery, additional charges for redelivery and/or storage may apply. Risk of loss or damage passes to you upon delivery. If Products are damaged or destroyed post-delivery but before ownership transfers, we can claim insurance proceeds. Please ensure safe storage, handling, and use of Products, following health and safety regulations and our provided hazard information. You are also responsible for providing safe facilities for receiving and unloading Products.

Defects

Inspect Products upon delivery and notify us within seven (7) days of any defects, shortages, or damages. We may request inspection or return of defective Products at your cost. If we do not receive notification within this period, we will assume the Products are free from defects. For agreed defective Products, we may replace, repair, or refund them and cover reasonable return costs. Returns are accepted only if:

• Agreed in writing.
• Returned at your cost within seven (7) days.
• Products are in original condition with all packaging, brochures, and instructions.
• We may accept returns for credit, with a handling fee of 10% of the Product's value plus delivery costs.

Your Obligations and Risk

You and your personnel must follow our instructions and warnings for Product use. We are not liable for damage or loss caused by non-compliance. You indemnify us against all costs, losses, or claims due to your or your personnel's actions or breaches of these Terms.

Limitation of Liability

We are not liable for indirect or consequential losses, including economic loss, arising from Product supply, including mistakes, literature inaccuracies, non-compliance with instructions, damage at your premises, or misleading advice by your personnel. Our liability is limited to Product replacement, repair, or price refund. Claims must be made within three months of becoming aware of the issue.

Intellectual Property

All intellectual property rights associated with Biopulent products, including but not limited to trademarks, logos, and product names, remain the property of Biopulent. Stockists are granted a limited license to use these intellectual property rights solely to promote and sell Biopulent products as outlined in these terms and conditions.

Marketing Communications

By creating a trade account or placing an order with us, you agree to be automatically subscribed to receive occasional marketing and product-related communications from Biopulent, including updates, special offers, and important information relevant to your business. You may unsubscribe from these communications at any time by clicking the “unsubscribe” link provided in the email or by contacting us directly.

Termination

We may delay delivery, suspend, or cancel contracts and charge for damages, losses, and costs if you breach these Terms, misuse Products, or face insolvency or liquidation. Default interest of 18% per annum applies to unpaid amounts.

Consumer Guarantees Act 1993 and Fair Trading Act 1986

If Products are purchased for business purposes, the Consumer Guarantees Act 1993 does not apply, and certain sections of the Fair Trading Act 1986 are excluded.

Warranties

All statutory and implied warranties are excluded. For non-manufactured Products, warranties are as provided by the manufacturer. Warranty conditions are on the “Warranty Card” supplied with the Products.