Terms and Conditions

Also see our Frequently Asked Questions

TERMS. These terms and conditions (Terms) apply to our supply of products to you where you are a business customer (that is, you buy products wholly or mainly for use in connection with your trade, business or profession, even if you are an individual).

IMPORTANT INFORMATION: Key clauses for customers

Topic	What it means
Price	Prices can change before dispatch/collection if costs or requirements change, and you may be charged for additional logistics/thirdparty and exceptional costs (clause 4, incl. 4.2–4.4).
Payment	When payment is due (and consequences of late payment) are set out in clause 5, including interest (clause 5.4) and no set-off (clause 5.6).
Cancellations/returns	Once an order is accepted, you generally can’t cancel or return goods unless we agree, and fees/charges may apply (clause 3.1).
Deliveries & unloading (incl. pipe)	Delivery times are estimates and you are responsible for safe unloading and having suitable equipment/crew; extra charges may apply for delays, and there are pipe-specific handling rules for bundles/coils (clause 6).
Risk and title	Risk passes on delivery/collection, but we keep title until paid in full (clause 7).
Inspection and shortages	You must inspect promptly and notify issues within the stated timeframes (clause 9) and follow the claims process (clause 14).
Defects / warranty process	If a defect is discovered, the remedy is repair/replace at our option and excludes removal, excavation, reinstatement, delays, re-installation, etc. (clause 14.5) (see also clause 15).
Liability limits	Our liability is limited/excluded in certain ways and capped (clause 16).
Notices by email	Formal notices can be given by email with deemed service rules (clause 23.5), and “in writing” may be satisfied by email where permitted (clause 1.6 and clause 23.5).
Security interest (PPSA / PPSR)	We have a security interest in the Goods (and sale proceeds) until you have paid in full, and may register that interest on the PPSR; you also agree to certain PPSA contracting-out provisions (clause 8).
Time limit to bring claims	You must not bring any claim arising from or related to a contract, the Goods or Services more than two years after the first invoice date for that contract (clause 16.5).
CGA (B2B) contracting out	If you acquire in trade, the parties contract out of the Consumer Guarantees Act 1993 to the extent permitted (clause 15.7).

These Terms and any documents referred to in them set out the entire agreement between us about your purchase and replace all prior agreements, discussions and understandings on that subject. These Terms apply to the exclusion of any other terms and conditions, even if included in a later document you provide. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty not set out in these Terms and you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement made outside these Terms.
No collateral warranties apply to any contract. Any discussions, documentation or correspondence that could be interpreted as a collateral warranty are superseded by the contract. This clause does not limit or exclude liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.
No variation to these Terms is effective unless agreed in writing and signed by us.
For the purposes of these Terms, where we require anything to be in writing (including any variation under clause 1.5), that requirement may be satisfied by email.
In these Terms, the following words have the following meanings:
Company means Iplex Pipelines NZ Limited or any member of the Group that contracts on these Terms from time to time and the words “we”, “our”, “us” will be interpreted accordingly. The Company you will be contracting with will be set out in your order.
Defect means a fault, deficiency or non-conformance in the Goods (or their packaging or instructions) and/or the Services that causes them to materially not comply with the specifications and relevant standards expressly incorporated into the contract.
Goods means the products, equipment or materials supplied by the Company.
Group means Fletcher Building Limited and its subsidiary companies whether directly or indirectly owned.
Order means the Purchaser’s order for the Goods and/or Services set out in the Purchaser’s purchase order and/or written acceptance of the Company’s quotation.
Purchaser means the person or company buying Goods or Services from the Company and the words “you” and “your” will be interpreted accordingly.
Services means the whole or any part of the services which we are to supply or carry out under the contract.

OUR CONTRACT WITH YOU
1. Quotations we issue are for information only. Unless we state otherwise (in writing), you have 30 days to accept a quotation, after which we may withdraw or amend it.
2. All Orders are subject to acceptance by us in our discretion. We accept an Order when we email you confirming acceptance or, if earlier, when we dispatch the Goods or make them available for collection in accordance with these Terms. At that point, a contract is formed comprising the quotation (if any), the Order and our acceptance, and governed by these Terms. Each Order forms a separate contract.
3. All Orders are placed and accepted only on these Terms, unless varied under clause 1.2.
CANCELLATION AND TERMINATION
1. Once the contract is formed, you may not cancel an Order or return Goods unless we agree in writing. If we agree, you must pay our standard cancellation/restocking fee and indemnify us for all losses we incur because of the cancellation or return. Our certificate of those losses is final.
2. We may, without limiting any other rights or remedies, terminate a contract and/or suspend or cancel further deliveries and/or work under this and any other contract between you and us if: (i) you breach these Terms (including any payment term) under this or any other contract with us; or (ii) you become insolvent or are subject to any form of insolvency process or action (whether or not involving a court), including (without limitation) receivership, liquidation, administration, winding up or bankruptcy, any arrangement or compromise with creditors, or any similar process under the laws of New Zealand or any other jurisdiction. In these circumstances, we may require immediate payment of: (a) the price for Goods and/or Services already delivered or performed; and (b) a reasonable amount for losses we anticipate we will incur because of the suspension or cancellation, in each case as certified by us.
3. We may suspend or cancel any contract for the supply of Goods and/or Services if, at any time, the amount owing under that contract together with all other amounts owing to members of the Group exceeds any credit limit set for you by us and/or the Group, whether or not that credit limit has been communicated to you.
PRICES
1. Unless we expressly agree otherwise in writing, the price for the Goods or Services is the price in our quotation and confirmed when we accept your Order, or, if we did not quote, the price we charge at the date of dispatch of the Goods and/or performance of the Services. Unless we expressly state otherwise, the price excludes delivery, freight, carriage, storage, handling, demurrage, packaging and any other logistics or third-party charges, which (where applicable) are payable by you in addition. All prices, fees, costs and disbursements are exclusive of GST unless expressly stated otherwise.
2. We may, in our discretion, adjust the price at any time before dispatch or collection to reflect any increase in our costs of supplying the Goods or Services, including currency fluctuations, labour, raw materials or other manufacturing costs, any change you request to delivery dates, quantities or specifications, or any delay caused by your instructions or your failure to provide adequate information or instructions, subject to any valid quotation then in existence. Any valid quotation then in existence prevails over this clause 4.2 unless that quotation expressly permits the relevant price adjustment. The revised price will be binding on you. All prices are exclusive of any applicable GST or excise duty, which you must pay where applicable.
3. Quoted prices assume delivery (if requested) within New Zealand on normal working days between 7.30am and 5.00pm, and do not include any additional amounts for deliveries outside New Zealand, on Saturdays, Sundays or public holidays, or outside our normal working hours. For deliveries outside New Zealand, on Saturdays, Sundays or public holidays, or outside our normal working hours, we may charge an additional amount.
4. In addition to the price, you must pay us our reasonable exceptional or additional costs and expenses incurred in connection with the supply of the Goods and/or Services (including any third-party charges), to the extent those costs arise from: (a) your instructions, changes to delivery dates, quantities or specifications, or any cancellation, rescheduling or rebooking; (b) any delay, stand-by, waiting time, demurrage or failed delivery/collection caused by you or your site conditions (including inadequate access, unsafe conditions, unavailability of labour or equipment for unloading, or refusal or inability to accept delivery); (c) storage, handling, protection, security, packaging, return freight, redelivery, retrieval or disposal of Goods (including where you do not uplift Goods on time or where we are required to hold Goods pending your further instructions); (d) any inspection, testing, certification, audit, compliance, documentation or traceability requirement that is not included in the agreed scope; and/or (e) any act or omission of you or a third party outside our control. We may invoice these amounts as they are incurred (or in advance if required by the relevant third party) and they are payable in accordance with clause 5. Our determination of those costs (including by reference to invoices from third parties and/or our then-current rates) is final, absent manifest error.
PAYMENT
1. You must pay in full: (a) for Goods, before dispatch; and (b) for Services, when the Services are, in our opinion, substantially complete. Issuing an invoice is confirmation of delivery and/or that we consider the Services substantially complete. Unless we require earlier payment (by giving you written notice), payment in cleared funds is due on the 20th of the month following delivery of the Goods or performance of the Services. Time for payment is of the essence.
2. If you do not pay any amount when due, we may (without limiting any other right or remedy) give you notice requiring immediate payment for all Goods and/or Services we have supplied, whether or not those amounts would otherwise be due.
3. If you do not pay in accordance with these Terms, or do not pay in full for any goods or services supplied by any other Group company under its applicable terms, we may (without incurring any liability):
  1. suspend all or any other deliveries to be made under that or any other contract with you. In such event, you will not in any respect be released from your obligations to the relevant company under that or any such contract; and/or
  2. terminate the relevant contract or any other contract with you in accordance with clause 3 above and claim damages from you.
4. We reserve the right to charge interest on all overdue amounts at a rate of 10% per annum above the Reserve Bank of New Zealand (RBNZ) Official Cash Rate (OCR). Interest will accrue and be compounded daily from the due date until payment is received in full.
5. Where delivery, packing or other charges are stated separately from the price they will be payable by you at the same time as if they formed part of the price.
6. You will not be entitled to withhold, deduct or set off against any sum payable to us any amount or claim whatsoever, including but without limitation in respect of any loss or damage which you allege that you have sustained due to any act or default of ours or our agents or employees. In particular, but without limitation, you may not set off any amount of loss or damage arising from alleged defects in Goods received or Services supplied by us.
DELIVERIES & COLLECTIONS
1. Any delivery or collection times we quote are estimates only. While we will use reasonable efforts to meet them, we are not liable for any loss arising from late delivery, non-delivery, or the Goods not being available (or being late to be available) for collection.
2. Dispatch and delivery dates are not of the essence. A delay does not entitle you to treat the contract as repudiated or to claim damages.
3. We may deliver the Goods in instalments and issue a separate invoice for each instalment. Each instalment is treated as a separate contract. Any failure by us to deliver an instalment in accordance with these Terms, or any claim you have relating to an instalment, does not entitle you to treat the contract as repudiated or to claim damages.
4. Unless we expressly agree otherwise, you are responsible for unloading the Goods. You must have suitable lifting equipment, lifting gear and competent operators available to unload safely (including where applicable a forklift with forks of adequate length and capacity, spreader beam and/or rated slings). For long lengths, bundles or coils of plastic pipe, you must support the load adequately during lifting and placement (including using multiple lift points/three-point support where appropriate) to avoid damage, deformation or uncontrolled movement. You must establish and maintain a safe unloading area and exclusion zone and comply with any reasonable safety directions from our driver. You must not cut, release or loosen any straps, restraints or packaging until the load is stable and it is safe to do so. We may refuse to deliver or unload if we believe it would be unsafe, unlawful or unreasonably difficult, or if the premises (or access) are unsuitable for our vehicle or unloading method. If we refuse delivery under this clause, you must pay our reasonable delivery costs incurred, including delivery and freight costs, stand-by or waiting time, and (where applicable) storage, handling and redelivery costs.
5. The price of the Goods is based on our delivering on hard roads to a safe draw-in site suitable for unloading. For deliveries of pipe (including heavy duty plastic pipe), a safe draw-in/unloading site includes reasonably level, stable hardstand capable of supporting the delivery vehicle (and any stabilisers/outriggers if a truck-mounted crane is used), adequate access and turning room, and sufficient clearance from overhead hazards (including power lines, trees and structures). We reserve the right to raise additional charges (including stand-by time) if delivery or unloading is delayed due to site conditions, restricted access, unsafe conditions, unavailability of lifting equipment or personnel, or delays in establishing a safe unloading/exclusion zone.
6. You are responsible for ensuring the Goods are stacked, stored and protected safely and in accordance with the manufacturer’s instructions or our technical literature. We are not liable for any loss or damage arising from your failure to follow those instructions.
7. Where the Goods include plastic pipes supplied in straight lengths, bundles or coils, you must handle and store them in a way that avoids gouging, scoring, crushing, ovalisation and kinking. Without limitation, you must not drag pipe along the ground, allow pipe to contact sharp edges, or roll or drop pipe in an uncontrolled way. You must visually check loads, bundles and coils for movement or instability before releasing any restraints, and you must stop unloading and make the area safe if any load shift is identified.
8. Carriage is chargeable on all dispatches where we undertake delivery. When you request delivery by a specific carrier any difference in cost between our normal method of delivery and that requested will be payable by you.
9. Where the price quoted and accepted is for collection of the Goods from our premises it will be your responsibility to arrange collection of the Goods in suitable and safe vehicles at times agreed with us. Entry of the vehicles onto our premises will be at your risk. We will not be liable for any overloading of your or any third-party vehicles or your hauliers.
10. Where a collection date is stated in our quotation, order confirmation, acceptance email or other written notice, you must uplift (collect) the Goods on that date (or within any other timeframe we agree in writing). If you fail to do so, we may (without limiting any other rights): (a) charge you reasonable storage, handling and rebooking charges from the stated collection date until the Goods are uplifted; (b) invoice you for the Goods (and any associated charges) as if the Goods had been collected on the stated collection date; (c) treat the Goods as delivered for the purposes of clause 7 (including risk) from the stated collection date; (d) reschedule the collection date and/or suspend further deliveries or collections; and/or (e) after giving you reasonable notice, resell or otherwise dispose of the Goods and apply any proceeds (less our reasonable costs of storage, handling, administration and sale/disposal) towards amounts you owe us, with any shortfall remaining payable by you.
11. You indemnify us in respect of any claims, liabilities, damages, costs and expenses made against or incurred by us by reason of damage caused to person or property and arising out of a failure by you to comply with the provisions of this clause 6.
TITLE TO GOODS & RISK
1. For deliveries arranged by us, the risk in the Goods passes to you when the Goods are delivered to the delivery location specified in the Order and made available for unloading at that location (including on our delivery vehicle). Where delivery is made directly to you from our supplier, risk passes to you on delivery to that location.
2. For collections, risk passes to you when you or a third party on your behalf collects the Goods, including when the Goods are loaded onto the collection vehicle provided by you.
3. We remain the owner of the Goods and title does not pass to you until we receive payment in full.
4. Until title to the Goods passes to you, you hold them on trust for us as our bailee. You must keep the Goods separately stored, protected and clearly identified as our property, and you must insure them against the usual risks for their full price (with any policy proceeds held on trust for us while title remains with us). You must not remove, deface or obscure any identifying markings on the Goods or their packaging. You may resell or use the Goods in the ordinary course of your business, but you must account to us (on request) for the proceeds of sale and any insurance proceeds relating to the Goods.
5. Your power of sale and use under this clause 7 ends automatically if you become insolvent or are subject to any form of insolvency process or action (whether or not involving a court), including (without limitation) receivership, liquidation, administration, winding up or bankruptcy, any arrangement or compromise with creditors, or any similar process under the laws of New Zealand or any other jurisdiction. In those circumstances, you must notify any manager, receiver or insolvency practitioner that the Goods are our property. Your power of sale and use may also be ended at any time by our notice to you.
6. We (or our authorised representatives) may enter any premises where Goods are located to inspect them and verify your compliance with this clause 7 and, where your right to possess the Goods has ended, to recover them. You grant us a licence to do so and you must ensure we are given access for those purposes. On request, you must tell us where any Goods that remain our property are located. If the Goods have been laid or fixed, we may still recover them and will use reasonable care to avoid unnecessary damage.
PERSONAL PROPERTY SECURITIES ACT
1. You grant us a purchase money security interest (PMSI) in all Goods (and the proceeds of sale of the Goods) to secure payment in full of all money you owe to us. You consent to us effecting a registration on the PPSR (in any manner we consider appropriate) in relation to any security interest (including a PMSI) contemplated by these Terms.
2. You must do all things and sign all documents reasonably required to register the security interests you grant and to ensure we obtain perfected security interests under the PPSA.
3. You must pay (on demand) our reasonable costs and expenses, including legal costs on a solicitor-client basis, relating to registering, protecting, enforcing or auditing our security interests under the PPSA, and any costs of repossessing the Goods or exercising, enforcing or preserving any right or interest under a contract.
4. You must not change your name, NZ Business Number or NZ Company Number or any other details required on the New Zealand PPSR without first notifying us.
5. You waive your right to receive any verification statement issued under the PPSA.
6. For the purpose of the New Zealand PPSA, and without limiting clause 7.4, the Purchaser hereby waives its rights under and agrees to contract out of sections 114(1)(a), 125, 126, 127, 131, 133, 134, and further agrees to waive and contract out of its rights to receive notices, information or statements (as the case may be) under sections 116, 120(2), 121, 129.
INSPECTION/SHORTAGES
1. We are not liable for any damage or shortages that would be apparent on careful inspection unless you give us a written complaint within seven days of delivery describing the alleged damage or shortage, and you give us access to inspect the affected Goods before they are used.
2. Subject to clause 9.1, where we are responsible for a shortage we will make it good and, where appropriate, repair or (at our option) replace any Goods damaged by us during loading or unloading. Otherwise, we are not liable for that shortage or damage.
3. Time for making the claim is of the essence. You cannot reject the Goods or any part of the Goods due to a short delivery.
DESCRIPTION, DESIGN, SPECIFICATION AND PACKAGING
1. Goods may vary slightly from information on our website, in catalogues or in other marketing materials. Any images, sizing, weights, colours, dimensions and specifications are provided as a guide only.
2. Packaging may vary from that shown in images or on our website.
3. If any of the information provided is particularly important to you, we recommend that you contact us in writing to confirm the information prior to placing your Order.
4. Any design, calculations, data, drawings or other materials we produce (Materials) belong to us, including all related intellectual property rights. You have a non-exclusive licence to use the Materials only for the specific project for which they were prepared or supplied. This licence applies only if you purchase from us all Goods or materials referred to in, required by, or described in the Materials that we supply in the ordinary course of business.
5. We will not be liable for any use by you or your nominees of any drawings and other documents for any purposes other than those for which they were originally prepared by us.
6. If we prepare Goods to your specifications, instructions or design (whether provided by you or by a third party on your behalf), you are responsible for checking they are suitable and accurate. We are not responsible for that suitability or accuracy, and you must ensure that:
  1. the specifications or instructions are accurate;
  2. Goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them;
  3. our specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation; and
  4. Goods will not be re-branded without our prior agreement.
7. We reserve the right to make any changes to the specification of the Goods which are required to conform with any applicable law or regulation, or which do not materially affect the quality or performance of the Goods.
8. You indemnify us against any infringement of any IP rights arising from sale or supply of Goods or Services under this clause 10 and any loss, damage or expense we may incur due to any such infringement or alleged infringement in any country.
PACKAGING AND HANDLING
1. Our packaging is intended for delivery to you and is not intended for onward transportation. You are responsible for any later movement of the Goods and any packaging needed for that. If you supply packaging materials to us, you are responsible for their suitability and safety and for any loss or damage arising from our use of them.
2. Unless we agree otherwise in writing, we will package the Goods in a manner we consider reasonably suitable for the delivery method. You are not entitled to reject Goods on the basis of defective or inadequate packaging.
SERVICES
1. We will provide only the Services specifically identified in the contract. If Services include preparing designs for any structure, providing Services at a site, or giving advice about installation of Goods, those Services do not include any obligation to carry out structural or load-bearing calculations or verification unless (and only to the extent) the contract expressly states, and is signed by an authorised person for us, that we will carry out those calculations or verification. Otherwise, you must arrange and verify that work yourself.
2. You must provide, as soon as reasonably practicable, all information and documents we reasonably require to perform the Services.
3. If you do not provide information or documents we require to perform the Services, we may (at our option) delay the Services until they are provided, make reasonable assumptions we consider appropriate, or refuse to perform the Services. In those circumstances, you have no right to damages or other relief.
4. We will not be responsible for any error or defect in the Services which is a result of an inadequacy or error in the information supplied by you or on your behalf.
5. If you request Services in addition to the agreed Services, or if we must carry out extra work because you request design changes or due to other circumstances outside our control, you must pay an additional fee at our then-current hourly rates (or, if not specified, a fair and reasonable hourly rate), as certified by us.
6. We will exercise reasonable care and skill in the provision of the Services supplied under the contract.
7. Subject to the other limitations and exclusions in these Terms, we are not liable (in misrepresentation, contract, tort or otherwise) for any opinion, recommendation, design, selection of materials, calculations, information or literature we provide before the contract is formed or that we are not contracted to provide, unless it is expressly incorporated into the contract in our quotation or order confirmation, or by an express written variation signed by an authorised person for us.
8. Unless the contract expressly states that we will do so, you are solely responsible for ensuring that all ground conditions, foundations, fixing points, ports and other structural elements onto which the Goods are to be installed (by us or others) will provide satisfactory support and stability, so that the Goods will perform as intended once installed. Except as set out in these Terms, we have no liability or obligation for those matters.
9. We are not liable for any loss or damage said to arise from Services where we recommended specific Goods for an application, but different products were used (in whole or in part) due to a decision by a party other than us.
EXPORT TERMS
1. This clause applies (except to the extent it is inconsistent with any written agreement between you and us) where we supply the Goods across an international border or overseas.
2. The Incoterms published by the International Chamber of Commerce (as in force when the contract is made) apply to exports. However, these Terms prevail over the Incoterms to the extent of any inconsistency, unless we agree otherwise in writing.
3. Unless we agree otherwise, the Goods are supplied ex works from our place of manufacture.
4. Where the Goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under the Sale of Goods Act 1908 (New Zealand).
5. You are responsible for arranging testing and inspection of the Goods at our premises before shipment (unless we agree otherwise). We are not liable for any defect that would be apparent on inspection unless you make a claim before shipment. We are not liable for damage during transit.
6. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (including liability for death or personal injury caused by negligence).
7. Unless we agree otherwise in writing, where Goods are exported from New Zealand payment will be in NZ dollars. Unless we agree otherwise in writing, payment for export contracts is due before dispatch.
8. If payment is made in a currency other than NZ dollars, we may increase the sum payable to maintain the value of the payment when converted to NZ dollars. The increase will reflect the percentage depreciation of the payment currency against the NZD (as quoted by our principal bankers) between the date of the contract and the date payment is due (or, if later, the date payment is made).
9. You are responsible for obtaining all licences required to import and use the Goods. You remain responsible for your obligations under the contract even if import is prohibited (in whole or in part), an import licence is refused or unavailable, or conditions or restrictions are imposed on any import licence.
10. If you do not obtain the required licences on or before the dispatch date, we may (at our option and without limiting our other rights) deal with the Goods as set out in clause 3.
11. Unless we agree otherwise, the contract does not include any term (express or implied) that the Goods will comply with the legal requirements of any other country. You must rely on your own assessment and enquiries on those requirements.
CLAIMS FOR DEFECTIVE GOODS
1. Whether the Goods are delivered by us or collected by you, you must examine the Goods immediately after unloading (or, if that is not practicable because no representative is available, as soon as reasonably practicable) to confirm the quantity delivered and check for any apparent defects (noting any visible damage or shortage on the receipt slip where applicable). If you are not satisfied with the Goods after examination, you must comply with clauses 14.1.1 and 14.1.2.
  1. You must notify us in writing that you do not accept the Goods and state the nature of your dissatisfaction, including (where relevant) the order/invoice or delivery docket number, the Goods affected (product code/description and quantity), and a description of the alleged shortage, damage or Defect. You must notify us within the applicable time limits set out in clause 14.2; and
  2. You must give us an opportunity to inspect the Goods in the condition and location in which they were off-loaded. You must not use, install, on-supply, move, alter, repair, dispose of or otherwise deal with the Goods (or any affected part) before we have had a reasonable opportunity to inspect them, except to the extent reasonably necessary to protect the Goods, comply with health and safety requirements, or prevent further loss or damage. You must provide reasonable access and assistance for any inspection we reasonably require.
2. All claims must be made to us in writing as soon as possible and, in any event:
  1. claims in respect of short delivery or in respect of Defects which are apparent on examination must be made in any event within 24 hours of delivery;
  2. claims in respect of Defects which are not apparent on examination must be made in any event within 7 days of discovery; and
  3. time for making all such claims is of the essence and our liability is limited as set out in clause 16.
3. Under no circumstances will we be liable to you for any claim arising out of:
  1. any description, samples, specification or other particulars relating to the Goods or their suitability for any particular purpose or for use under specific conditions unless agreed in writing by the parties or contained in our publication;
  2. the Goods supplied not being in every way similar to examples of our products previously supplied, for example because the manufacturing process used by us means there may be variations in colour and its intensity; or
  3. technical information, recommendations, statements or advice given by or on our behalf relating to the methods of fixing or installing the Goods.
4. Our employees or agents are not authorised to make any representations, or give any advice or recommendations, concerning any Goods or Services unless confirmed by us in writing.
5. We agree that if any Defect covered by this clause 14.5 is discovered during the 12-month period starting on the dispatch date, we will (at our option) repair or replace the Goods as necessary but this does not include removal, excavation, reinstatement, stand-by, delay or re-installation costs except where required by law. This clause 14.5 covers only: (a) Defects in the Goods (or their packaging or instructions) that make them non-compliant with our (or the manufacturer’s) design and specifications incorporated into the contract in accordance with these Terms; and (b) Defects in the Services (or any part of them) resulting from our failure to exercise reasonable care and skill. It does not cover Defects caused by: (i) abnormal storage, working conditions, use, misuse, neglect, accident, or fair wear and tear; (ii) any failure by you or any third party to follow our oral or written instructions about storage, handling or use of the Goods and/or a failure to follow good trade practice; (iii) any alteration to the Goods made by you or any third party; (iv) us following any drawing or specification supplied by you; (v) the Goods differing from the specification due to changes required to comply with applicable statutory or regulatory requirements; and/or (vi) other matters excluded or restricted by these Terms.
6. You may not claim the benefit of clause 14.5 (and will be treated as having waived it) unless you notify us of the relevant Defect in writing within 30 days of discovering it, or within 30 days of when it is notified to you by a third party (provided in each case the Defect was discovered within the time described in clause 14.5). You must give us a reasonable opportunity to inspect the Goods to claim the benefit of clause 14.5.
7. The remedies in clause 14.5 replace all other remedies you might otherwise have for loss, damage or compensation arising from or related to Defects in (or non-compliance of) the Goods or Services, except as expressly stated in these Terms.
WARRANTY AND INDEMNITY
1. We warrant that:
  1. at the time of dispatch, the Goods will materially comply with any New Zealand standards, codes or regulatory requirements expressly identified in our quotation, order confirmation or technical documentation as applying to those Goods. You remain responsible for ensuring that the Goods are suitable for your intended use, design, installation method, site conditions and any project-specific or end-use requirement; and
  2. we have title to and the unencumbered right to sell the Goods.
2. There will be no term implied into the contract as to:
  1. any term implied by law that the Goods will correspond with description except as identified specifically in our quotation or order confirmation, to the fullest extent permitted by New Zealand law;
  2. any term implied by law as to acceptable quality, to the fullest extent permitted by New Zealand law; and
  3. any term implied by law as to fitness for a particular purpose, to the fullest extent permitted by New Zealand law.
3. Any claim about the quality of Goods or any alleged Defect must be dealt with in accordance with clause 14.5.
4. You acknowledge that you have the ability and expertise to assess any description of, or information about, the Goods and you have not relied on our skill or judgment in selecting the Goods for any purpose.
5. We do not accept responsibility for the suitability of sites, foundations or supports of any nature, compliance with local bylaws or statutory requirements relating to the Goods, or the fulfilment of any special requirements you must meet.
6. Subject to clause 1.5 or as otherwise expressly stated in these Terms, all warranties, conditions and other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
7. The parties agree and acknowledge that the Goods and/or Services are acquired by the Purchaser in trade for the purposes of the Consumer Guarantees Act 1993 and that, to the fullest extent permitted by section 43 of that Act, the provisions of that Act do not apply to the supply of the Goods and/or Services under these Terms. Nothing in this clause limits any liability that cannot be excluded or limited under applicable law.
LIABILITIES
1. Our prices for the Goods and Services are set on the basis of the limitations and exclusions of liability in these Terms. If you want higher limits of liability or different exclusion terms, you must request an alternative quotation from us before placing your Order.
2. Nothing in these Terms limits a party’s liability for death or personal injury caused by its negligence or our liability for fraudulent misrepresentation or for any other matter or liability which cannot be lawfully limited or excluded.
3. Except as expressly stated in these Terms, we are not liable for any loss or damage you suffer (whether arising in contract, tort (including negligence), misrepresentation or otherwise), including any indirect or consequential loss, loss of profit, loss of revenue, loss of business, or any costs or expenses incurred in connection with the supply, use or resale of the Goods or Services.
4. Our total aggregate liability to you arising from or related to each contract, for all claims of any kind (whether arising in contract, tort or otherwise, including non-fraudulent misrepresentation), will not exceed the price paid or payable by you under that contract.
5. You must not bring any claim of any kind arising from or related to a contract, the Goods or Services, or the circumstances of their supply more than two years after the date of the first invoice issued for the Goods and/or Services under that contract.
6. You must indemnify us against any claims, proceedings, liabilities, damages, costs and expenses made against or incurred by us arising from your breach of these Terms, including your failure to follow our instructions (oral or written) relating to the Goods.
SALES DOCUMENTATION AND TECHNICAL DATA
1. No information or expression of opinion in any catalogue, technical circular, price list or other literature (including material on our website or any other website) creates any liability for us, whether in contract, tort, misrepresentation or otherwise. This clause does not limit or exclude liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.
2. Unless we expressly agree otherwise in writing, any samples and/or technical details we provide are indicative only of the type of Goods or Services to be supplied and do not constitute any representation, warranty or condition of the contract as to colour, composition, quality, fitness for purpose, or compliance with any sample or technical details.
HEALTH AND SAFETY AT WORK
1. You must comply with any health and safety instructions we issue from time to time (copies are available on request). You are responsible for, and must indemnify us against, any claims, liabilities, damages, costs and expenses arising directly or indirectly from use of the Goods other than in accordance with those health and safety instructions.
FORCE MAJEURE
1. We are not liable for any failure to perform our obligations to the extent that failure is caused by circumstances outside our reasonable control.
2. Examples of circumstances outside our reasonable control include acts of God, war, civil disturbance, government action or regulation, strike, riot, terrorism, lockout or trade dispute (whether involving our employees or those of any other person), difficulties in obtaining materials, breakdown in machinery, flood, abnormal or extreme weather conditions, delay by suppliers, accidents, and shortages of materials, labour, utilities or manufacturing facilities, fire, or other causes beyond our reasonable control.
3. If the circumstances preventing performance continue for three months, either party may cancel the contract by giving written notice to the other. Neither party will have any further liability to the other, except that you must pay the contract price less a reasonable allowance for any part of the contract we have not performed.
RIGHTS, REMEDIES AND WAIVER
1. To the extent permitted by law, and subject to any rights or remedies that cannot lawfully be limited or excluded, the rights and remedies available to you under these Terms are your only rights and remedies in relation to the contract, the Goods and the Services.
2. Any right or remedy available to us under any contract is cumulative and does not exclude any other right or remedy. Our exercise of a right or remedy does not prevent us from exercising any other right or remedy. Our rights and remedies are not waived, reduced or limited by any concession, extension of time or other indulgence we give, or by any delay or failure by us to enforce them.
COMPLIANCE WITH LAWS AND POLICIES
1. You must comply with all applicable laws, statutes, regulations and codes in force from time to time.
2. Without limiting the general obligation under clause 21.1, you must:
  1. comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption;
  2. have and maintain throughout the term of the contract your own policies and procedures to ensure compliance with those requirements and enforce them where appropriate; and
  3. promptly report to us any request or demand for any undue financial or other advantage of any kind received by you in connection with the performance of any contract.
3. If we become aware (or reasonably believe) that any Goods may be unsafe, defective, non-compliant with applicable law, or otherwise require a product safety notice, withdrawal or recall, we may (acting reasonably) take any action we consider necessary to address the issue, including issuing warnings or product safety notices, suspending supply, and requesting the return, repair, replacement or withdrawal of affected Goods (a Recall). You must promptly provide reasonable cooperation and assistance in connection with any Recall, including promptly: (a) ceasing any sale, supply, installation and/or use of affected Goods; (b) quarantining and identifying affected stock; (c) providing traceability information reasonably requested by us (including quantities, batch/lot identifiers (if applicable), and onward supply details); and (d) following our reasonable directions to facilitate communication with affected customers and/or any regulator. If a Recall is required due to a defect in the Goods that is attributable to us, we will bear our reasonable costs of the Recall (including reasonable costs of replacement or repair of the affected Goods). If a Recall (or similar action) is required due to your (or any third party’s) storage, handling, installation, use, modification or combination of the Goods contrary to our instructions or good trade practice, you will bear the costs and will indemnify us for losses arising from that cause. Nothing in this clause limits any liability that cannot be excluded or limited under applicable law.
4. If we reasonably request it, you must (at your cost) provide us, in the form, to the extent, in the manner and at the times we reasonably specify, data, records and information relating to the Goods and/or Services that is reasonably required to support our sustainability, environmental, social and governance (ESG) reporting and compliance obligations (including, where relevant, our Group’s reporting), including information relating to: (a) quantities purchased, delivery locations and (where relevant) the project or end-use category; (b) waste, returns, re-use, recycling or disposal routes for packaging or Goods; and (c) any sustainability certifications, declarations or product stewardship schemes you require or apply in relation to the Goods. You must take reasonable steps to ensure the information provided is accurate and not misleading and you must promptly notify us if you become aware that any information provided is materially incorrect. To the extent reasonably necessary to verify information you provide under this clause, you must provide reasonable cooperation with our verification processes or those of our auditors (including providing reasonable supporting documents), subject always to your reasonable confidentiality and security requirements.
LAW AND JURISDICTION
1. These Terms and any dispute or claim arising out of or in connection with them (including any non-contractual dispute or claim) are governed by New Zealand law. The parties submit to the exclusive jurisdiction of the New Zealand courts.
2. Nothing in these Terms limits our right to enforce any judgment, order or award in any other jurisdiction, as we determine in our discretion. Taking proceedings or enforcing a judgment, order or award in one or more jurisdictions does not prevent us from taking proceedings or enforcing a judgment, order or award in any other jurisdiction, whether at the same time or not.
GENERAL
1. If we do not enforce any provision of these Terms, that does not waive our right to enforce it later. Any waiver by us of a breach is not a waiver of any later breach. A waiver is effective only if it is in writing and signed by us.
2. We each act as independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment or other relationship of that kind between us.
3. If you are more than one person, you are jointly and severally liable for all of your obligations under these Terms.
4. If any provision of these Terms is held to be unenforceable or invalid for any reason:
  1. it will not affect the enforceability of any other provisions which will remain in full force and effect; and
  2. if any such provisions would be enforceable and valid if amended or deleted, then the provision will apply with such modification as will make it valid and effective while preserving to the maximum extent its intended effect.
5. Any notice by either of us which is to be served under these Terms must be in writing and signed and may be served by delivering it (by hand, by registered post or by email) to the other’s registered office address or principal place of business or nominated email address (or such other address as the party may from time to time notify in writing in accordance with this clause). A notice will be deemed to have been served: (a) if delivered by hand, at the time of delivery; (b) if sent by registered post, 48 hours after posting; or (c) if sent by email, at the time of transmission to the recipient’s nominated email address (provided the sender does not receive an automated failure or “bounce-back” message), or if that time falls outside Business Hours at the place of receipt, when Business Hours next commence. In this clause, Business Hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt. If there is no registered office or notified address for you, then we may serve notice to any address or email address from which you have corresponded with us.
6. No contract will create any right enforceable by any person not identified as the Purchaser or the Company.
7. You may rely only on statements made in writing by our authorised representative (or someone you reasonably believe is authorised) that are either:
  1. contained in our estimate or quotation (or any covering letter) and not withdrawn before the contract is made; or
  2. which expressly state that you may rely on them when entering into the contract.
8. You must not assign, novate, transfer or subcontract any of your rights or obligations under this contract without our prior written consent.

Standard Freight & Charges Schedule

Charge	Criteria	Cost
Small Order Surcharge	Individual orders below $400 exc GST Excludes customer site deliveries	$50 + GST
Customer Site Delivery – Standard	Order value is less than $4,650 exc GST and delivery destination is within 20km of a State Highway	$250 + GST
Customer Site Delivery – Rural & Remote	Delivery destination is 20km+ from a State Highway or destination is Great Barrier Island, Stewart Island, Waiheke Island or Chatham Island	Price on application
HIAB Unloading - Standard	Cost is per delivery regardless of order value	$300 + GST per delivery
Larger HIAB/Cranes	Project work requiring larger delivery equipment	Price on application
Failure to deliver	If a delivery vehicle arrives but cannot unload due to: site not being ready unsafe conditions unavailable labour or equipment access issues or exclusion zones not established If delivery must be rescheduled due to: refusal or inability to accept delivery failed unloading missed collection window	Additional charges for: driver waiting time vehicle stand-by time. redelivery freight rebooking logistics handling and administration costs
Waiting Fee	When the delivery needs to wait 60 minutes or more to unload	Additional charges as required for: driver waiting time vehicle stand-by time.
Restocking Fee	Approved return product with an RMA number. Excludes PE pipe and made to order Product.	15% of the original price + any return freight if applicable
Urgent Deliveries	Non-standard requests for deliveries in a short time frame or outside of standard business hours if requirements can be met	Additional charges based on reasonable costs incurred

Order Placement & Cut-Off Times

Standard orders

	Order Cut Off Time	Estimated Delivery Time (working days)
Auckland + Upper North Island	2:00 pm	Next day
Central North Island – Waikato, Taupo	3.00 pm	Next day central 2-3 days for outer areas
Bay of Plenty	3:00 pm	Next day central 2 days for outer areas
Hawkes Bay & Gisborne	3:00 pm	Next day central 2-3 days for remote
Lower North Island – Palmerston North to Wellington	4:00 pm	Next day Wairarapa, Taranaki 2 days
Christchurch / Canterbury	2:00 pm	Next day central 2 days for outer areas
Nelson / Marlborough	2:00 pm	Next day central 2 days for outer areas
West Coast/ rest of South Island	2:00 pm	Next day central 2-3 days for outer areas

Special Requirements as detailed below may require additional time to arrange delivery depending on location:

Hiab or a flat deck
12m + - due to restriction on type of vehicle that can transport these pipes
Coil stands – due to restriction on type of vehicle that can transport outside diameter of these stands
Large volume orders
Onsite – farm or construction

Terms and Conditions

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