OUR TERMS OF TRADE

Our Terms of Trade outline the conditions under which we supply our products globally. These terms cover important areas such as pricing, payment, delivery, risk, and responsibilities — ensuring clarity and consistency for all parties. We recommend reviewing them carefully before entering into any agreement with Peak Commodities. If you have any questions, feel free to contact our team — we’re happy to help.

1. Definitions
- "Contract Terms" means: (a) The Standard Terms; together with (b) Any applicable terms and conditions set out by Peak Commodities (and not including any inserted by the Customer) in:
· The client account application form; and/or
· The Order Confirmation
- "Customer" means the purchaser under any contract for the purchase of any goods from Peak Commodities.
- "Document" includes any message sent by facsimile or electronic transmission including attachments and all such documents shall be deemed to be "in writing".
- "Electronic Transmission" includes any form of electronic transmission through the internet and/or World Wide Web.
- "Goods" means any products sold by Peak Commodities to the Customer.
- "Guarantor" means any person or entity who guarantees the performance of the Customer’s obligations.
- "Order Confirmation" means a document from Peak Commodities confirming the terms of sale.
- "Price" means the total sum payable to Peak Commodities by the Customer for Goods sold pursuant to the Contract Terms.
- "Standard Terms" means the terms and conditions set out in this document.

2. Terms of Sale
By placing an order with Peak Commodities, the Customer accepts the Contract Terms. Any alternative terms provided by the Customer are not binding unless agreed to in writing.

3. Basis of Sale
Goods may be sold on FOB, CIF, CFR, FIS, DEL terms, or any other Incoterms basis agreed at the time of contract formation.

4. Orders Irrevocable
Once Peak Commodities issues an Order Confirmation, the Customer may not cancel or vary the order. Peak Commodities may cancel after 7 days.

5. Payment
- The Customer must pay the Price indicated on the invoice.
- Payment must be made by electronic funds transfer in cleared funds.
- All payments must be made in full, without deduction or set-off.
- Peak Commodities may allocate payments at its discretion.

6. Delivery
- Delivery is deemed made when the Customer or their agent receives the Goods.
- Risk passes on delivery. The Customer must insure the Goods.
- Delivery dates are approximate; delays do not entitle cancellation.

7. Retention of Title
Ownership remains with Peak Commodities until full payment is received. The Customer holds Goods as bailee until then.

8. Storage of Goods
Goods must be stored according to the refrigeration statement provided by Peak Commodities.

9. Security and Charge
The Customer grants security interests in present and future personal property to secure obligations to Peak Commodities.

10. Default by Customer
Failure to pay on time gives Peak Commodities the right to:
- Retain documents of title
- Terminate the contract
- Re-sell or divert the Goods
- Charge interest and recover the Goods

11. No Warranty
Except where required by law, Peak Commodities gives no warranties regarding the Goods. Liability is limited to the Price paid.

12. Returns
Returns may be accepted at Peak Commodities' discretion. Credit notes may be issued less costs.

13. Assignment
The Customer may not assign rights or obligations without written consent.

14. Variation of Terms
Peak Commodities may amend these Terms by publishing changes on its website.

15. Communications
Communications may be conducted by letter, fax, or electronic transmission. Documents sent electronically are deemed received the next business day.

16. Waiver
No failure or delay by Peak Commodities to enforce any term shall be considered a waiver.

17. Force Majeure
Peak Commodities may suspend delivery in the event of fire, natural disaster, war, strike, or any event beyond its control.

18. Confidentiality and Privacy
The Customer must keep confidential information received from Peak Commodities and authorises Peak to collect and use information for business purposes.

19. Governing Law
These terms are governed by New Zealand law. The parties submit to the jurisdiction of the New Zealand courts.