Terms of Trade
Welcome to Waka Kuaka Limited, independent market access and export regulatory advisory services. Our commitment to professionalism is reflected in these terms and conditions. These terms and conditions apply to all work carried out by Waka Kuaka Limited for you, unless otherwise agreed with you in writing. In these Terms, the words "you" and "the client" means any person or business entity for whom services are performed by Waka Kuaka Ltd, or who obtains information provided by Waka Kuaka Ltd through this website. The words "us" and "we" and "our" refer to Waka Kuaka Ltd.
Commitment to Professional Services
We undertake to provide independent professional services to you. Communication, trust and confidentiality are central to our relationship with you. Directors, employees and/or sub-contractors are required to act in accordance with applicable professional codes of conduct and legislation. Kathy Lloyd (Director) is currently registered as a non-practicing veterinarian with the Veterinary Council of New Zealand, and was registered as a practicing Veterinarian between 1994 and 2016. Waka Kuaka Limited does not provide veterinary services.
Confidentiality & Privacy
We undertake to protect your the confidentiality of all information concerning your business and affairs, which you have provided to us for business purposes. Personal information about you and parties involved in your business, including name, contact details, job title and billing information may be required for invoicing purposes and to fulfill regulatory requirements of New Zealand or importing countries. At the time personal information is collected we undertake to inform you of the purpose for which it is being collected. We will not disclose any information to any other person or third party except:
- As necessary or desirable in providing professional services as requested by you,
- To the extent required by applicable laws,
- Where otherwise instructed by you.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at firstname.lastname@example.org, or by phoning +64 29 8942412.
Scope of Work
We undertake to provide such professional services from time to time as requested and described in Scope of Work Agreements issued under these Terms, or services as otherwise agreed. Prior to provision of services, responsibilities of Waka Kuaka Limited and the Client may be detailed in Scope of Work Agreements.
Quotations & Estimates
Where fixed price quotations are provided, these are exclusive of GST and disbursements unless otherwise stated. Quotations are only valid for the period of time indicated, due to the constantly evolving nature of the regulatory environment and/or other pricing considerations. Where it is not possible to provide a quotation, an estimate will be given upon request. Quotations and estimates are deemed to be accepted at the time that you instruct us to commence work.
We undertake to put your business first when we are performing services for you. Building your trust in us is integral to our vision. We aim to build an understanding of your business and your needs, and to provide you with objective, insightful and proactive advice that will advance your business. We will seek your permission before disclosing information about your business to third parties, and will only disclose such information as is necessary in keeping with our Confidentiality responsibilities as expressed in these Terms. While we will take every effort to ensure services are carried out professionally, we cannot guarantee the results of recommendations, as many factors are outside of our control. The advice provided by us is intended to be accurate and up to date to the best of our abilities. Waka Kuaka Limited does not carry out official duties or provide official assurances under any New Zealand or overseas legislation. Waka Kuaka Limited does not provide legal services or legal advice, and you should be guided by your own legal practitioner on matters requiring legal opinion or representation. Waka Kuaka Limited shall not be liable for any consequences of the provision of services to you unless such consequences arise as a direct result of willful negligence on the part of Waka Kuaka Limited and in any and all circumstances such liability shall not extend to:
(a) Liability for indirect or consequential loss and/or loss of profits;
(b) Liability arising from use by Waka Kuaka Limited of defective or deficient information supplied by the client or the client’s sources;
(c) Liability that is restricted or excluded by the terms of cover provided to Waka Kuaka Limited by its insurer pursuant to its policy of professional insurance indemnity.
Information about your business and its operations will only be requested when it is needed to enable us to fully represent the interests of you and your business. You agree to provide us with all relevant information about your business, including plant and equipment, processes, documented sanitary operating systems, relevant product and market information, outcomes or findings of internal and external regulatory and/or third party verifiers and/or auditors, relevant reports or other notifications of non-compliance, or information related to overseas rejections of exported products which may be required in order to provide the services outlined in the Scope of Work Agreement. You agree to facilitate access to relevant company personnel and to communicate to relevant company personnel the aims of the project or transaction/s where the Scope of Work Agreement requires such access or where we are expected to interact with your employees.
Fees for services are based on a number of considerations, such as:
- Time expended.
- Professional competencies, expert knowledge and responsibility required to perform the services.
- Complexity and difficulty or novelty of the matters involved.
- The ease or difficulties involved in working with third parties overseas.
- The urgency and circumstances under which the services are required.
- Any Quotation or Estimate provided in relation to the services.
- The reasonable costs of maintaining professional services.
We will record key information related to services performed for you, the Client.
Disbursements related to services performed may also be charged. These may include:
- Mileage at the current rate prescribed by New Zealand law.
- Printing and stationary costs.
- Phone calls and internet charges.
- Subcontractor fees or charges.
- Travel or accommodation costs incurred.
Payment for services undertaken for a company or society must be guaranteed by an employee or shareholder of that body who is authorized to provide such a guarantee. Persons providing such guarantees are personally guaranteeing full payment of our fees and disbursements in terms of these Terms.
Invoice & Out-of-Pocket Expense Procedures
Client will be invoiced fortnightly, unless agreed otherwise in writing. Acceptance of these terms and conditions means that you agree to receive invoices by email, at the email address provided by you. Invoices will include professional fees and disbursements. Clients may be asked, at the commencement of services, to provide us with a deposit and/or sufficient funds to meet payment of any necessary disbursements.
Invoices must be paid in full within 7 days from the date of the invoice, unless otherwise agreed in writing. If you decide not to proceed with the services that have been engaged, any services that have already been provided to you, and payments made to third parties on your behalf, will be chargeable. If you chose to disengage our services for any reason prior to the completion of the agreed services, accounts are due immediately. Accounts must be paid by cash, cheque or direct credit to the bank account provided on the invoice. We encourage our Clients to discuss costs at the commencement of provision of services or transactions, to enable effective budgeting. Should you have difficulty meeting payment terms, please discuss this with us at the earliest opportunity. Payments for services invoiced that are not received within 30-days from date of invoice will be subject to a 7% penalty per calendar month.
New Zealand: Any dispute concerning these Terms where the dispute concerns an amount of less than $7,500 (or $12,000 by agreement of both parties) shall be referred to the Disputes Tribunal or Small Claims Court. This contract is deemed to be a memorandum in writing agreeing to extend the jurisdiction of the Disputes Tribunal or Small Claims Court to $12,000.
Outstanding invoices may be referred to a debt collection agency in which case all debt collection agency charges and fees will be the responsibility of you, the Client. In using this website and obtaining services from us you authorize the right to disclose any information held about you or your business to a third party for the purposes of recovery of fees. Waka Kuaka Limited reserves the right to withdraw services when account payments are outstanding. Should accounts remain outstanding, any work in progress will not be released to you, the Client.