Suncorp New Zealand Supply Terms

When IVAA does this, we do so as agent of the relevant insurer.

The work may involve, for example, the supply of jewellery or watches to customers of an insurer.

A contract will arise for that work between you and the relevant insurer each time you accept the allocation of work.  You are deemed to have accepted an allocation of work on the earlier of:

• you commencing to carry out the work, and
• 2 business days from when you receive the allocation and you have not informed IVAA that you reject the allocation

If you do not want the allocation, you must contact us as soon as possible.

Upon acceptance of the allocation of work you are deemed to have accepted the following Supply Terms, together with any terms agreed in writing between you and IVAA (on behalf of the relevant insurer) form a binding contract between you and the relevant insurer.

• You must supply the goods and services requested by IVAA for the agreed price.  Unless otherwise agreed, the price charged must include all costs associated with the provision of the goods and services under the supply (including all packing, delivery, all Government taxes, duties and charges, including GST and any other expenses). You will provide an invoice to the relevant insurer within 7 days after delivery of the goods. Unless otherwise agreed, all invoices must be a proper tax invoice and include the number allocation of work, your registration number and be in New Zealand currency. The relevant insurer will pay the amount due within 30 days after the date of receipt of a correctly rendered invoice. The relevant insurer is not liable to pay amounts in respect of any goods or services which it reasonably determines as not being provided in accordance with the terms of the allocation of work or this contract. Where the relevant insurer, acting reasonably, queries or disputes an amount included in an invoice, the relevant insurer does not have to pay the relevant portion of the invoice until the query or dispute is resolved. You are solely responsible for payment of all taxes and taxation obligations imposed on you arising directly or indirectly from the provision of the services (including, without limitation, income tax).  The relevant insurer may withhold tax from payments to you if required to do so by legislation.  
• You must (a) pack the goods to ensure their secure and safe delivery; (b) deliver the goods at a time and location nominated by IVAA or the relevant insurer; (c) deliver with the goods any necessary documentation (such as operating or installation manuals, manufacturer warranties and reference materials); (d) allow IVAA or the relevant insurer to make as many copies of the documentation as it requires; and (e) agree that title in the goods will pass to the customer on delivery. Risk of loss or damage and title in goods supplied by you remains with you until the goods are delivered to the customer.
• In your dealings with IVAA, the customer and the insurer in relation to the supply, you must provide a professional standard of service with a high degree of integrity.
• You must (and ensure that your personnel) perform the services with due care and skill and in a professional, punctual and diligent manner and with the level of service generally expected in a commercial arrangement for the provision of goods under an allocation of work.
• You must comply with IVAA’s or the relevant insurers reasonable directions relating to the customer or the supply of goods.
• Except as is required by law, no party shall, whether during or after the supply of goods under this contract, use, or disclose to any person any confidential information (including any personal information of any customer), without the prior written consent of the other parties, provided that the parties shall be entitled to disclose such information to directors, officers, employees and advisors as is necessary to give effect to this contract. If any confidential information is disclosed by a party to these people, that party shall ensure that the confidentiality of the information is safeguarded. You acknowledge that where you collect personal information you will comply with the Privacy Act 2020 at all times and immediately notify IVVA and the relevant insurer of any privacy breach in relation to personal information collected under this contract. 
• You warrant that in performing your obligations under this contract, including in creating, developing and supplying the goods and services, you will not infringe the intellectual property rights of any person.  You further warrant that use of any materials or deliverables by the relevant insurer and its permitted licensees will not infringe the intellectual property rights of any person and have all rights necessary make the assignments and grant any required licence of intellectual property rights to IVAA and the relevant insurer. . You indemnify IVAA and the relevant insurer against all losses, damages, liabilities, expenses and costs (on a full indemnity basis) suffered or incurred by the relevant insurer and its permitted licensees and any personnel of the relevant insurer, arising directly or indirectly from any assertion, claim or proceedings threatened or brought against IVAA, the relevant insurer or the customer that in relation the infringement of a third party’s intellectual property. 
• You warrant that: (a) during any applicable warranty period the goods are not defective; (b) the goods are new and have not been previously used; (c) at the time title in the goods passes to the customer or the relevant insurer, the goods are free from all liens, charges and encumbrances of any kind; and (v) the goods comply with applicable laws. Without limiting clause, where the goods are defective, IVAA or the relevant insurer may advise you of the defect and you will arrange for the repair or replacement (as necessary) of the goods at no cost.
• Where the goods are defective, IVAA or the relevant insurer may, without prejudice to either IVAA’s or the relevant insurers other rights and remedies, at their option: (a) reject the goods; or (b) accept the goods on acceptable terms (including a reasonable reduction to the fees). If a customer or relevant insurer rejects the goods, you will promptly collect the goods and, unless the IVAA or the relevant insurer agrees to accept replacement goods (in which case the replacement goods must be supplied in accordance with the allocation of work), you will refund all amounts paid in respect of the goods.
• If there is an issue or complaint relating to the customer or your supply of goods or services, you will comply with IVAA’s reasonable directions.
• IVAA or the insurer may conduct audits or investigations in relation to the goods or services supplied by you.  You will co-operate with such audits or investigations.
• You must not provide IVAA with any payment or benefit that may induce or reward IVAA in relation to work or allocations from an insurer.
• IVAA or the insurer may change or end this contract at any time by informing you.  If the contract is cancelled and you have already supplied goods or services, you will be paid a fair and reasonable amount for the supply, subject to any compensation that may be due to IVAA, the insurer or a customer.  If an allocation of work is changed prior to the delivery of the goods and services, you may be reimbursed for direct costs incurred that have resulted in wastage and which are supported by reasonable evidence substantiating any wastage suffered.  You agree to do everything reasonably possible to promptly mitigate any costs incurred as a result of change or cancellation to an allocation of work.
• Terms, conditions, guarantees and warranties implied by law in relation to goods or services supplied by you are not excluded.
• Terms that you may seek to incorporate into the contract are excluded unless expressly agreed to in writing by the insurer or IVAA on behalf of the insurer.
• IVAA or the relevant insurer may vary the terms of this contract by written notice to you.

General terms

• The parties may not assign or otherwise transfer all or any rights or liabilities under this contract without the prior written consent of the other party (which will not be unreasonably withheld). 
• You and your personnel will comply with applicable laws and standards (including work health and safety, the Privacy Act 2020) and Suncorp Supplier Code of Practice) and in accordance with any policies and procedures as relevant to this allocation of work and reasonably nominated by the relevant insurer.
• If you become aware of a matter which is likely to affect materially the ability to complete the allocation of work, you will immediately notify IVVA.
• This contract constitutes the entire Agreement between you, IVAA and the relevant insurer in relation to its subject matter.
• This contract is governed by and construed in accordance with the law of New Zealand and the parties submit to the jurisdiction of the Courts of New Zealand.
• IVAA or the relevant insurer may vary this contract in writing by provide such written notice to you.
• You must not issue or make statements or comments to the public, the press or other persons or authorise a person to do those things, regarding any or matters arising in relation to this contract or the relevant insurer without written consent.
• Your appointment is non-exclusive and IVAA or the relevant insurer may acquire similar services from other persons or perform similar services itself.

Please note that:

• there is no minimum guarantee of volume of work

If you do not wish to be considered for allocations of work, please let IVAA know as soon as possible.