1. Oamaru Blue Penguin Colony Ltd (“OBPC”)
A. OBPC operates a penguin viewing facility and tourism centre in Oamaru, New Zealand.
B. The Purchaser has, or will, purchase goods or services from OBPC.
C. This Agreement records the terms and conditions on which OBPC will sell and supply goods and services to the Purchaser.
TERMS OF THIS AGREEMENT
1. DEFINITIONS AND INTERPRETATIONS
In this Agreement, unless the context requires otherwise:
“Agreement” means this Agreement, together with any schedules and annexures;
“Tour Entitlement” means a choice in action, which entitles its holder to attend a tour offered by OBPC at the Colony in accordance with OBPC’s Conditions of Entry;
“Purchase Price” means the wholesale price advised by OBPC to Operators from time to time, as the Purchase Price charged by OBPC to education Operators for the sale of Tour Entrance;
“Colony” means the OBPC facilities located in Oamaru, New Zealand;
“OBPC’s Conditions of Entry” means the conditions of entry that apply to any PAX who purchases and undertakes a tour at the Colony, as those conditions may be set and modified by OBPC from time to time;
“PAX” means a person who purchases an Entry Ticket from the Operator.
“Booking” a commitment by the Colony to supply space for the Purchaser on a Tour
“Tour Date” the date on which a Tour is due to commence;
“Tour” a tour operated by the Colony;
“Goods” any product offered for sale by the Colony;
In this Agreement unless the contrary intention appears:
(a) A reference to a person includes a reference to a corporation, firm or association or other entity and vice versa.
(b) The singular includes the plural and vice versa.
(c) A reference to any gender includes a reference to all other genders.
(d) A reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provision substituted for such legislation or provisions.
(e) Headings are inserted for convenience only and do not affect the interpretation of this Agreement.
2. SALE AND PURCHASE
2.1 OBPC agrees to sell and the Purchaser agrees to purchase Tour Entrance and/or Goods on the terms and conditions in this Agreement.
3. PURCHASE PRICE
3.1 The Purchaser will pay the Purchase Price for Tour Entrance/Goods in accordance with the price listed by OBPC. All prices are in NZ$, inclusive of GST (where applicable), and exclusive of applicable freight. OBPC reserves the right to change its prices due to tax increases, other governmental or regulatory action, and other events beyond OBPC’s control. Notice will be given prior to any price change.
3.2 OBPC will provide a GST receipt to the Purchaser for the Purchase Price for Tour Entrance/Goods purchased if required.
3.3 The Purchaser shall pay the Purchase Price to OBPC in NZ$ by Cash, Credit Card, NZ Cheque or Direct Credit to a nominated account.
4. TOUR ENTRANCE
4.1 If booking online, or by phone, to guarantee space the Purchaser shall notify OBPC the number of PAX and the tours on which they will participate that the Purchaser wishes to purchase. OBPC will exercise reasonable endeavours to provide the Tour Entrance requested by the Visitor.
4.2 The Purchaser may not on-sell or assign or transfer Tour Entrance that it purchases to another visitor without OBPC’s prior written approval; all Goods purchased from the retail store or via its online shopping portal may not be resold.
4.3 Once OBPC has received a booking request, where that request is made in advance via electronic means, from a Purchaser, OBPC will (provided there is space available on the Tour and the PAX meets OBPC’s Conditions of Entry and/or there are Goods available to fill the order) provide notification of acceptance for the Tour to the Operator.
5. PURCHASER’S OBLIGATIONS
5.1 The Purchaser agrees to make themselves aware of OBPC’s Conditions of Entry, especially in regard to the use of cameras, video cameras, cell phones, audio recording devices, and acceptable behaviour while attending activities at the Colony.
5.2 The Purchaser agrees to comply with the Code of Practice.
6. CANCELLATION/NO SHOW/RETURN OF GOODS/REFUNDS
6.1 Cancellation of Tour Entrance must be made prior to the tour departing.
6.2 Arriving more than 5 minutes late for a Tour Entrance is considered a No Show, and could result in the forfeiture of the Tour.
6.3 All Goods purchased may be returned for any reason so long as they are accompanied by a Colony receipt specifying the date and time of purchase, and the item purchased.
6.4 Refunds will be given for cancellations and the return of Goods. In all respects the Colony will meet its obligations under the Fair Trading Act and the Consumer Guarantees Act.
7.1 The Purchaser indemnifies and holds harmless OBPC against all costs, losses and damages (whether direct or indirect) which OBPC may incur as a result of any action or inaction of the Purchaser or any visitor accompanying them (including negligence).
8.1 No Waiver: Any waiver on the part of either party of any term, provision or condition of this Agreement shall not constitute a precedent or bind either party to grant a waiver of or be deemed to be a waiver of any subsequent breach of the same or any term, provision or condition.
8.2 No Agency: Nothing in this Agreement shall be construed as creating a relationship of principal and Operator between OBPC and the Operator; the Operators are not allowed to act on behalf, speak on behalf, or in any other way present themselves as representing OBPC in any material way.
8.3 Entire Agreement: This Agreement, together with the attached schedules, constitutes a complete and entire agreement of the parties and supersedes any prior communication, representations or agreements between the parties whether oral or written.
8.4 Governing Law: This Agreement is governed by the laws of New Zealand. The parties irrevocably submit to the non-exclusive jurisdiction of the New Zealand courts.
8.5 Force Majeure: OBPC will not be liable for any breach of this Agreement or any failure to perform that is caused or contributed to by any Act of God, accident, strike, war, act of terrorism, action of any Governmental authority, law change or any other matter beyond OBPC’s control.
8.6 Counterparts: This Agreement may consist of a number of counterparts, each of which when executed shall be an original and all the counterparts together shall constitute on and the same instrument
8.7 Confidentiality: This Agreement, and all its terms, are confidential. Disclosure of any or all terms contained in this agreement by either party will render the agreement null and void.
OBPC will from time to time collect data for use in delivery of goods, making reservations, and/or receipt and reply to comments made. In some cases this information is retained for the purpose of fulfilling the transaction. No information is used for marketing purposes, is kept secure and will not be released to any third-party. OBPC does not collect or hold financial information.
All goods will be delivered using NZ postal services, and will be trackable and traceable. Delivery times are dependent upon the destination of the goods. OBPC endeavours to despatch goods within 5 working days of receipt of the order; delivery, however, is dependent upon the internal postal carrier in the country of destination.