These Commercial Sales & Wholesale Terms (“Terms”) apply to all business customers purchasing products or commercial equipment from TWEAK for resale, business use or commercial purposes.
These Terms should be read together with our Terms & Conditions, Payment Policy, Shipping Policy, Returns & Refund Policy, Machine Warranty Policy, and any written commercial agreement entered into between TWEAK and the customer.
1. Commercial Customers
These Terms apply to businesses including, but not limited to:
- Supermarkets
- Grocery Stores
- Convenience Stores
- Cafés
- Restaurants
- Offices
- Hotels
- Event Organisers
- Distributors
- Resellers
- Corporate Customers
Retail consumer purchases remain subject to our standard Website Terms & Conditions.
2. Opening a Wholesale Account
Businesses wishing to purchase at wholesale pricing may apply for a commercial account.
Approval is at TWEAK’s sole discretion and may require:
- Business name
- NZBN or Company Number (if applicable)
- GST Number (if applicable)
- Contact details
- Delivery address
- Billing information
- Trade references or additional information where requested
Submitting an application does not guarantee approval.
3. Wholesale Pricing
Approved wholesale customers receive access to wholesale pricing applicable to eligible products.
Wholesale pricing:
- may differ from retail pricing;
- may change without prior notice;
- is confidential and must not be disclosed to third parties.
Quoted prices remain valid only for the period stated in the quotation.
4. Minimum Orders
Minimum order quantities may apply to selected wholesale products.
Unless otherwise agreed in writing, TWEAK reserves the right to:
- specify minimum carton quantities;
- specify minimum order values;
- specify minimum quantities for promotional pricing.
Minimum order requirements may change from time to time.
5. Orders
Orders may be placed through:
- www.tweak.co.nz
- Approved sales representatives
- Other ordering methods approved by TWEAK
An order is not accepted until confirmed by TWEAK. We reserve the right to accept, decline or cancel any order.
6. Payment Terms
Unless otherwise agreed in writing:
- payment is required before dispatch.
Approved commercial customers may be offered credit facilities subject to separate approval.
Failure to pay invoices by the due date may result in:
- suspension of deliveries;
- cancellation of pending orders;
- withdrawal of credit facilities.
7. Delivery
Delivery times are estimates only.
While we aim to dispatch orders promptly, delivery may be affected by:
- courier delays;
- stock availability;
- weather;
- public holidays;
- events beyond our reasonable control.
Risk in goods passes to the customer upon delivery unless otherwise required by law.
8. Inspection of Goods
Customers should inspect goods immediately upon delivery.
Any shortages, incorrect products or transit damage should be reported as soon as reasonably practicable. Failure to notify us promptly may affect our ability to investigate the issue.
9. Returns
Wholesale returns are generally accepted only where:
- products are faulty;
- products were supplied incorrectly;
- products were damaged during transit;
- returns are required under applicable New Zealand law.
Returns require prior approval from TWEAK. Food products that have been opened or improperly stored cannot generally be returned unless required by law.
10. Commercial Beverage Machines
Commercial beverage machines remain subject to the applicable product warranty and operating instructions.
Customers should:
- install machines according to supplied instructions;
- clean machines regularly;
- use genuine TWEAK beverage premixes where required;
- operate machines safely.
Damage resulting from misuse, unauthorised modifications, neglect or improper maintenance is not covered under warranty.
11. Product Availability
All products are supplied subject to availability.
If a product becomes unavailable, we may:
- delay dispatch;
- offer a suitable alternative;
- cancel the affected item and provide a refund where payment has been received.
12. Marketing Materials
Approved wholesale customers may use TWEAK marketing materials supplied by us to promote genuine TWEAK products.
Marketing materials must not be:
- altered;
- misleading;
- used after the commercial relationship has ended;
- used to promote competing products.
All intellectual property remains the property of TWEAK.
13. Product Pricing
Wholesale customers are free to determine their own retail selling prices unless otherwise agreed in writing or where prohibited by law.
Nothing in these Terms requires a customer to sell products at a specified retail price.
14. Product Quality
Customers are responsible for:
- storing products correctly;
- maintaining appropriate hygiene standards;
- rotating stock using a First In, First Out (FIFO) system;
- monitoring Best Before dates;
- selling products in their original packaging.
TWEAK is not responsible for quality issues resulting from improper storage or handling after delivery.
15. Termination
TWEAK may suspend or terminate a wholesale account where:
- invoices remain unpaid;
- these Terms are breached;
- fraudulent activity is suspected;
- misleading representations are made regarding TWEAK products;
- continued supply is not commercially viable.
Termination does not affect outstanding payment obligations.
16. Limitation of Liability
To the maximum extent permitted by New Zealand law, TWEAK’s liability for commercial sales is limited to the remedies available under applicable law and any express warranty provided.
TWEAK is not liable for indirect, consequential or business losses, including loss of profits, loss of revenue or interruption to business, except where such liability cannot be excluded by law.
Nothing in these Terms limits rights that cannot legally be excluded under New Zealand legislation.
17. Changes to These Terms
We may update these Commercial Sales & Wholesale Terms from time to time to reflect changes in our business practices, product range or legal obligations.
The latest version will always be available on our Website.
18. Contact Us
For wholesale enquiries, commercial pricing or business partnerships, please contact us:
- TWEAK
- Website: www.tweak.co.nz
- Email: info@tweak.co.nz
- Phone: +64 22 061 1243
- Business Hours: Monday to Friday, 9:00 AM – 5:00 PM (New Zealand Time), excluding New Zealand public holidays.