Trade Account Terms

You may be eligible to apply for a Parkland trade account if you own or operate a registered business within a relevant industry. All applications are subject to review. Please note that meeting basic criteria does not guarantee approval  accounts may be declined at our discretion based on credit checks or other internal assessments.

Interpretation & Definitions

1. These conditions of sale are entered into on behalf of and are intended to bind and inure to the benefit of the Company and the Company's successors and assigns.
2. In the conditions:
   • "the Company" and the "Seller" means Parkland Products Limited.
   • "the Buyer" and the "client" means the person, firm or company buying the goods from the Company;
   • "the goods" means the goods being purchased by the buyer from the Company which are the subject of the contract;
   • "the contract" means the contract between the Company and the buyer for the purchase of the goods;
   • "the contract price" means the price of the good as agreed between the Company and the buyer, subject to variation in accordance with Clauses 1 or 2 hereof;
   • "person" means a corporation, association, firm, company, partnership or individual.
3. Headings are used as a matter of convenience only and shall not affect the interpretation of the conditions.

The terms and conditions of trade in relation to the sale of domestic consumers shall be read subject to and including the provisions of the Consumer Guarantees Act 1993.

1. Prices

Prices shall be those prevailing at date(s) of despatch. If despatch is by instalments prices shall be those prevailing on the date of each despatch.

Price Subject to Change

Price estimates are provided on a best endeavours basis only unless a fixed price quotation has been provided to the customer. Price estimates are subject to a 10% increase or decrease depending on materially relevant circumstances such as, without limitation manufacturers price increases, freight rate changes, base price increases, supply problems and other factors beyond Parkland's control. Once a fixed price quotation has been provided, any unavoidable change in price will be subject to a variation of Parkland's terms of trade. If the change to a fixed price is unacceptable to the customer, the customer has the right to reject the purchase of the product.

2. Payment Terms

1. Subject to any provision to the contrary in the contract, payment shall be made on or before the 20th of the month following the date of delivery. Non-payment or late payment shall constitute a default by the buyer in performance of the contract.
2. Any additional payments due by the buyer pursuant to any of the provisions of the contract shall be added to the contract price and paid at the time provided for payment of the contract price on the contract or in these conditions of sale.
3. If the Company shall at any time deem the credit of the buyer to be unsatisfactory, it may require security for payment and may suspend performance of its obligations under the contract until the provision of sufficient security. All costs and expenses of or incurred by the Company as a result of such suspension and any recommencement shall be payable by the buyer upon demand.
4. The buyer shall not be entitled to withhold payment or set off or make any deductions from the invoice price without prior written consent of the Company.
5. Interest at 2% per month shall be payable in respect of defaults in prompt payment on all moneys outstanding under the contract from the date payment was due until the date payment is received by the Company but without prejudice to the Company's other rights in respect of defaults arising from non-payment.
6. Where repair work is the subject of an insurance claim, the buyer shall pay the company's repair charges in the first instance.
7. If and whenever the Buyer makes a default in the performance of any term of this agreement, then the company:
   1. may call up and demand payment of any monies outstanding, and
   2. may without notice sue for recovery of any monies, and
   3. may uplift from the Buyers premises or elsewhere any of the goods,
   4. the Buyer will pay all the costs and expenses of the Company (including solicitor and own client expenses) in relation to the exercise or attempted exercise of any or all of the Company's rights to recover the goods or monies owed.

3. Acceptance of Orders

All purchase orders are subject to acceptance in writing by Parkland. We may expressly accept a purchase order by providing to the customer the appropriate invoices and order acknowledgement by email. Absence of an invoice or order acknowledgement will be deemed a rejection of the order.

Each purchase order shall be deemed to be an offer by the customer to purchase the products pursuant to the terms of trade of Parkland, and if accepted by Parkland, shall give rise to a contract on the terms set forth here to the exclusion of any additional or contrary terms set forth in the purchase order.

Parkland has the right to refuse the sale of any product or service at our sole discretion and has no liability whatsoever in exercising that right.

4. Delivery

Delivery Policy

Subject to prevailing Covid-19 related Government regulations, click and collect is available with collection available from our Auckland and Christchurch showrooms.

To ensure that items reach you successfully, all deliveries are arranged through trusted third-party courier/shipping companies. Please refer to Terms of Trade for further information https://www.parkland.co.nz/terms-conditions/

Delivery times may vary depending on the goods ordered and delivery destination. In general, expect delivery of your order within 3 to 5 business days. We will contact you immediately if we aren't able to meet the normal delivery timeframe.

Supply Delay, Pricing and Liability

Parkland contracts third-parties to complete delivery of purchase orders. Where there is no gross negligence, willful misconduct or bad faith by Parkland, Parkland is not liable for any loss, damage or cost incurred by delays in delivery that are beyond Parkland's control or due to unforeseen circumstances.

Where Parkland is supplying products to a customer with a more than two month long or staggered delivery lead time, Parkland may substitute equivalent products and / or increase the price of any product to the extent that the estimated or fixed price quoted by Parkland has been increased by factors beyond the control of Parkland including its supplier prices, freight rate changes, availability of product, supply holdup or any other matter which increases prices.

Parkland will not be liable for any loss, damage or cost caused by its delay in performing, or failure to perform, any of its obligations to deliver product at a certain time if such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 8 weeks, Parkland may terminate the purchase order by giving 5 days written notice to the customer.

Every effort will be made to supply you with your order; however, we do not accept liability should we decline an order or fail to supply due to unforeseen circumstances.

General Delivery Terms and Conditions

1. Delivery shall be made at the place indicated in the contract or, if no place shall be indicated in the contract (and in the case of sales ex-works), delivery shall be made at the Company's premises. If the buyer fails or refuses or indicates to the company that he will fail or refuse to take or accept delivery, then the goods shall be deemed to have been delivered when the Company was willing to deliver them.
2. The Company reserves the right to deliver the goods by instalments and the Company shall be entitled to require that each instalment be regarded as a separate contract under the same provisions as the main contract. Should the Company fail to deliver or make defective delivery of one or more instalments this shall not entitle the buyer to repudiate the main contract.
3. Without prejudice to any other rights and remedies which it may have, the Company may charge storage, insurance, transportation and disposal expenses and may in addition recover from the buyer additional costs, charges and expenses incurred by it if the buyer fails or refuses to take or accept delivery or indicates to the Company that he will fail or refuse to take or accept deliver at the time specified in the contract or at any such other times as the Company is able to deliver the goods.
4. The buyer shall give to the Company reasonable notice of the dates and times at which and the quantities in which the goods are to be delivered. The Company shall be entitled to make an additional charge of an amount to be determined by the Company for deliveries made before 7.30 a.m. or after 5.00 p.m. on weekdays, before 7.30 a.m. or after 11.00 a.m. on Saturdays and at any time on Sundays or statutory holidays.
5. The buyer shall provide suitable access to and a suitable area for unloading the goods in all weather conditions. Damage to footpaths, kerbs, drains, verges or other property caused by any of the Company's vehicles in the course of deliveries, charges payable in returning any of the Company's vehicles to the roadway and the removal of mud, clay and other materials tracked on to footpaths, roads or verges in the course of delivery shall be the buyer's responsibility and the buyer shall indemnify the Company from and against all costs, expenses, claims, actions and liabilities whatsoever in connection therewith.
6. The buyer shall at its own cost ensure that the goods are unloaded immediately upon arrival of the Company's vehicle(s). In the case of unloading by mechanical means the Company shall not be bound to despatch its delivery vehicle(s) until it is satisfied that the equipment required to unload the goods is on site ready for operation. The Company shall not be responsible for any malfunction of or damage caused to any such equipment in the course of unloading the goods and the buyer shall indemnify the Company from and against all costs, claims, actions and liabilities whatsoever in connection therewith.
7. The Company shall be entitled to charge while waiting for delays by the buyer in unloading the goods, by whatever means and handling charges for unloading work carried out by the Company. Such charges shall be at the Company's current rate from time to time.
8. Any claims by the buyer for alleged short delivery of the goods must be made in writing and received by the Company within seven days after the date of delivery of the goods.

5. Insurance and Risk

1. The risk of any loss, damage, or deterioration of or to the goods shall pass to the buyer when the goods are delivered to the buyer or placed on board any conveyance not belonging to the Company or being under the control of the Company.
2. Where goods owned by the buyer are forwarded to the Company for work to be carried out on them or for materials to be supplied to them by the Company the goods shall not be deemed to be at the risk of the Company in any circumstances whatsoever unless they shall be destroyed or damaged by the wilful or negligent act or omission of the Company, the proof of which shall be on the buyer.

6. Ownership - Retention of Title

6.1 Ownership Reserved

Title to and ownership (legal and equitable) in the goods supplied shall remain vested in the Company.

1. Until full payment has been received by the Company for all such goods, and
2. Until full payment has been received by the Company for all other moneys owned by the Buyer to the Company.

6.2 Permitted Sales

Notwithstanding that title to and property in the goods remains with the Company and irrespective of any period of credit granted by the Company to the Buyer, the Buyer may in the ordinary course of business, sell such goods in which case the following provisions shall apply to each sale:

1. As between the Buyer and the Company, the Buyer is the Company's agent or bailer;
2. As between the Buyer and the purchaser of each item of goods the Buyer sells as principal and not as agent of the Company;
3. The Buyer assigns to the Company all the Buyer's rights to:
   1. recover any items of goods or any unpaid purchase money from the purchaser of such item of goods from the Buyer.
   2. act in its place in making or pursuing any claim pursuant to any insurance policy where any such goods have been lost, damaged or destroyed in circumstances which entitle the Buyer to claim reimbursement, but such assignment is on the condition that the Company will account to the Buyer for any moneys recovered in excess of all moneys owed by the Buyer to the Company which moneys owed also include the costs and expenses incurred by the Company in making every such recovery or any attempt(s) to make such recovery.
   3. Any money paid directly to the Buyer as a result of such recovery shall be held by the Buyer or its agents in trust for the Company.
   4. The buyers authority to sell such goods before payment to the Company may be revoked by written notice from the Company at any time if the Company deems the Buyer's credit to be unsatisfactory or if the Buyer is in default in the performance of its obligations herein or in any other contract between the Buyer and the Company.

Such authority shall be deemed to be automatically revoked immediately the Company gives notice (written or by execution) of its intention to recover and retake possession of its goods or the buyer shall commit any act of Bankruptcy, enter into any composition with its creditors, or do any act which would render it liable to be wound up or if a resolution is passed or proceedings are commenced for the winding up of the buyer or a receiver is appointed in respect of all or any of the assets of the buyer.

6.3 Designation of Goods

Until an item of goods is sold by the Buyer the Buyer will:

1. Clearly designate the item of goods as the property of the Company and store the item of goods in such a way that it is clearly identified as the property of the Company; and
2. Keep full and complete records of the physical location of each item of goods from time to time and the ownership of each item of goods by the Company; and
3. Preserve each item of goods in its present form (fair wear and tear expected) except where consent to the alteration, mixing or combining of such goods has been given in writing by the Company.

In the event of any doubt as to whether any goods in the possession of the Buyer belong to the Company or the buyer the Company's determination thereof shall be final and conclusive except in the case of manifest error. The onus of providing such error shall be on the Buyer.

6.4 Altered or Mixed Goods

This reservation of title and ownership shall be effective whether or not the goods have been altered from their supplied form, or mixed with other goods. Where such goods are mixed with other goods and severable but not identifiable, or incorporated with other goods into another product so that they are not severable (whether such mixture or incorporation or loss of identity is by the Buyer's default or otherwise), or in any situation where a similar dealing with the goods has resulted in their removal being impossible or impracticable, the Company shall be a co-owner of the mixed goods or product or products in proportion to the contribution made by such goods

6.5 Recovery of Goods

Notwithstanding anything to the contrary in these terms and conditions and whether or not there has been default under the contract of sale between the Company and the Buyer and whether or not any term of credit has expired, the Company is entitled at any time and from time to time before sale of any item of goods by the Buyer to recover and retake possession of such item of goods and otherwise exercise in relation to the goods any of its rights whether those rights are as owner and/or unpaid seller or otherwise and whether those rights are conferred by common law, contract, statute or in any other way.

1. For such purpose or for the purposes of inspecting each item of goods or ensuring due compliance by the Buyer with the provisions of these terms and conditions, the Company and its agents are now irrevocably authorised to enter any premises of the Buyer or any third party.
2. The Buyer agrees to indemnify the Company and its agents for any liability arising from any act of trespass committed by such entry or other consequential liability. The Company and its agents agree to take all reasonable care in removing the goods fitted or installed in such premises but are not liable for any damage or injury to such premises caused by the removal of the goods.
3. The Buyer agrees to pay the Company's costs of any removal of the goods pursuant to this clause and such costs are recoverable by the Company from the Buyer as a debt due by the Buyer.
4. In the event that the goods recovered have been damaged or have sustained a loss in value (whether determined by further sale by the Company or otherwise) the Company shall be entitled to be compensated by the Buyer for such damage or loss of value and such amount shall be recoverable by the Company from the Buyer as a debt due by the Buyer.

6.6 Debentures etc

1. The Buyer may not charge, grant security over or deal with the goods in any way which is inconsistent with the Company's title in the goods other than as provided in this clause. The buyer agrees not to do any matter act or thing that would render the goods liable to be seized, distrained or otherwise held as security for non-payment of any debt owing by the Buyer.
2. The Buyer will arrange for every debenture holder as at the date of its acceptance of these terms and conditions to grant the Company a waiver in terms acceptable to the Company that such debenture holder has no claim over any item of good supplied by the Company unless and until all moneys owing by the Buyer to the Company have been paid in full nor any claim over the proceeds of sale of any such item of goods and the Buyer will not grant any further debentures without first providing the Company with an acknowledgement from the intending debenture holder in like form.
3. The Buyer agrees to notify the Company immediately if a receiver is appointed over any of the assets or the undertaking of the Buyer or if a winding up order is made against the Buyer or if the Buyer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or causes a meeting of or makes an arrangement of composition with creditors or commits any act of bankruptcy.

6.7 Severability of Clauses

If the implementation of this clause or any part of it (or of this agreement or any provision or term of this agreement or any part of it) is illegal, invalid or unenforceable for any reason whatsoever including but without limitation legislation or other provisions having the force of law, any decision of any court or other body or authority having jurisdiction, such terms or provisions or part thereof will be deemed to be deleted from this agreement as if such provision had not been incorporated in this agreement and in such case the parties will do all such things and co-operate in every way available to them to obtain substantially the same results or as much of them as may be possible to ensure that the purpose and intention of this agreement is given effect including, if necessary, the amendment or alteration of this agreement for such purpose.

6.8 Non-Waiver

The exercise by the Company of any rights pursuant to this clause or otherwise are without prejudice to any other rights or remedies which the Company may have against the Buyer or any other part or in respect of each item of goods and do not constitute an election so as to disentitle the Company to exercise any other rights which may be available to it.

7. Personal Property Securities Act 1999

8. Liability

1. Where the contract provides for a testing or commissioning procedure or any other acceptance procedure in respect of the goods, no claim shall be made by the buyer if the goods fail to comply with the requirements of the contract any time after the successful completion of such testing, commissioning or acceptance procedures, subject to however the warranty in respect of defective materials or workmanship in clause (8)a hereof.
2. The Company shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the buyer arising directly or indirectly from any breach of any of the Company's obligations arising under or in connection with the contract or from any cancellation of the contract or from any negligence on the part of the Company, its servants, agents or contracts nor shall the Company be liable for any loss, damage or injury caused to the buyer's servants, agents, contractors, customers, visitors, tenants, trespassers or other persons whomsoever (whether similar to the foregoing or not) arising as aforesaid. The buyer shall indemnify the Company against any claim by any of the foregoing persons in respect of any loss, damage or injury arising as aforesaid.
3. Notwithstanding anything hereinbefore contained in this clause or contained elsewhere in this contract, the liability of the Company, whether in contract or pursuant to any cancellation of any contract or in tort, in respect of all claims for loss, damage or injury arising from breach of any of the Company's obligations arising under or in connection with the contract, from any cancellation of the contract or from any negligence on the part of the Company, its servants, agents or contractors shall not in aggregate exceed the contract price.
4. Notwithstanding the foregoing provision of these conditions of sale any claims for goods damaged in transit or during unloading must be noted on the delivery docket at the time of delivery and notified to the Company within seven days after the date of delivery.

Limitation of Liability

Parkland has no liability for any loss arising from its acts or omissions, provided that the loss does not arise from its dishonesty, gross negligence, or misconduct.

9. Waiver

All the original rights, power, exemptions and remedies of the Company shall remain in full force notwithstanding any neglect, forbearance or delay in the enforcement thereof. The Company shall not be deemed to have waived any condition unless such waiver shall be in writing under signature of the Company or an authorised officer thereof and any such waiver, unless the contrary shall be expressly stated, shall apply to and operate only in a particular transaction, dealing or matter.

10. Credit Information Authorisation

I/we authorise any person or company to provide you with such information as you may require in response to your credit and/or employment enquiries. I/we further authorise you to furnish to any third-party details of this application and any subsequent dealings that I/we may have with you as a result of this application being actioned by you.

11. Terms of Trade - Returned Goods

1. Items will only be accepted for return if they are received by Parkland Products within 30 days of the date on the Packing Slip.
2. Goods will only be accepted for return if they are in re-saleable condition. This means that they must be undamaged, un-used, and the packaging must be returned intact.
3. Only normal stocking items will be accepted for return. Parts bought by Parkland Products on indent (usually by airfreight) are not returnable.
4. For any goods returned, there will be a Restocking Fee of 20% of the value of the items concerned (minimum fee $5 + GST) and original freight charges will be non-refundable.
5. The exception to the restocking fee policy above, is where the error is made by Parkland Products Limited. No restocking fee will be charged and freight will be refunded.
6. Parkland Products reserves the right to amend this policy at any time.

12. Changes & Applicable Law

We reserve the right to make changes to our terms and the policies and conditions that govern the sale of goods at any time.

Purchases of products from Parkland shall be governed by and in accordance with the laws of New Zealand. You agree that any legal action shall be brought exclusively in a New Zealand court of law.