Terms and Conditions

1. Application of Terms

1.1 Any Goods supplied by us to you will be supplied only on these Terms and any additional terms specified in any quotation for the Goods provided by us (and accepted by you). No other terms and conditions (including any contained in your order or other documentation provided by you) will apply unless one of our senior managers has expressly agreed in writing to their application.

1.2 By ordering Goods from us you accept these Terms.

2. Quotations

2.1 Any quotation given by us to you will (unless a different time period is stated in the quotation itself) lapse 30 days after it is given. We may also withdraw any quotation given to you at any time before it is accepted by you.

2.2 Quoted prices apply only to the full quantities of all Goods specified in the quotation. If you want to order lower quantities or only some of the Goods, we may change the price.

2.3 By accepting our quotation you are making an order for the Goods specified in the quotation.

3. Orders

3.1 We may accept, or decline to accept, any order for Goods made by you.

3.2 Any order accepted by us is accepted subject to our ability to supply the ordered Goods. After we have accepted an order for Goods from you, we may cancel that order, without liability to you, if the Goods are not available or fulfilling the order becomes impractical or uneconomic due to any cause beyond our reasonable control.

3.3 You may not change or cancel an order for Goods unless we agree to this in writing. As a condition of agreeing to an order change or cancellation, we may require you to reimburse us for any reasonable costs we incur in connection with that change or cancellation.

4. Price

4.1 Our prices are subject to change without notice. The price you must pay for the Goods is:

4.1.1 The price agreed between you and us (by your acceptance of our quotation or otherwise) when the order was made; or

4.1.2 Where a price was not agreed when the order was made, our current price for the Goods at the date the Goods are delivered to you.

4.2 Despite clause 4.1.1, we may increase any agreed price for Goods by the amount of any increase in our cost, which is beyond our reasonable control, between the date the price was agreed and the date the Goods are delivered to you.

4.3 Unless otherwise agreed in writing with you, all of our prices are exclusive of:

4.3.1 Special Requirement Packaging fees and any other additional fees or charges imposed by our suppliers in respect of the Goods;

4.3.2 Delivery charges; and

4.3.3 Goods and Services Tax and other government duties, levies or taxes in respect of the Goods.

5. Payment

5.1 Fifty percent (50%) of the agreed price must be paid to Petra Pack prior to Petra Pack placing the order on your behalf.

5.2 You must pay the remaining price for the Goods, and any other amounts payable in respect of the Goods under clause 4.3, in full before delivery.

5.3 Payment may be made by cash, electronic funds transfer or any other method agreed between you and us. If we agree to accept payment by credit card, we may charge you a processing fee of up to 3% of the value of the transaction. Except where you pay by cash, your payment is not made until the money has fully cleared into our bank account.

5.4 You may not deduct or withhold any amount (by way of set off, counterclaim or otherwise) from any money owing to us without our written agreement.

5.5 If you have not paid in full by the due date, and in the case of any other Default Event, then (in addition to any other remedies available to us):

5.5.1 All amounts owing become immediately due and payable;

5.5.2 We may cancel any orders without liability;

5.5.3 We may require payment for ordered but undelivered Goods in full before delivery;

5.5.4 We may charge interest at five percent (5%) above our bank’s base lending rate;

5.5.5 You must pay all reasonable recovery costs, including legal costs on a solicitor/client basis;

5.5.6 We may choose how to allocate any payments made by you.

5.6 Where we have agreed to extend credit, we may restrict, suspend, or withdraw credit at any time if we doubt your ability to pay.

6. Risk and Delivery

6.1 Risk of damage to or loss of the Goods passes to you on delivery.

6.2 Delivery occurs at the earlier of:

6.2.1 Collection by you or your agent; or

6.2.2 Arrival of the Goods at your nominated delivery address.

6.3 We may select the delivery method unless otherwise agreed. Any shortages or visible damage must be noted on the carrier’s documentation and reported to us within three business days.

6.4 Any delivery date provided is an estimate only and not a binding commitment.

6.5 We may deliver Goods in instalments, each forming a separate contract.

7. Incorrect Delivery, Shortages or Damage

7.1 You must inspect the Goods promptly and notify us in writing within three business days of any issue.

7.2 Our liability is limited (at our option) to replacement, repair, or refund/credit of the affected Goods.

8. Returns

8.1 Goods may only be returned if we agree in writing and are returned within 30 days in original condition.

8.2 Customised or non-standard Goods are unlikely to be accepted for return.

8.3 Delivery charges are non-refundable and restocking fees may apply.

8.4 A return is not accepted until a credit or refund is issued.

9. Property and Ownership

9.1 Ownership of the Goods remains with us until full payment is received.

9.2 Until payment is made:

9.2.1 You may use the Goods in the ordinary course of business;

9.2.2 Goods must be stored, insured, and identifiable as our property.

9.3 We may repossess Goods if a Default Event occurs.

10. Personal Property Securities Act (PPSA)

10.1 You grant us a continuing security interest in the Goods and their proceeds.

10.2 You agree to assist with PPSR registration and updates.

10.3 You waive certain rights under the PPSA as permitted by law.

10.4 Terms in this clause have the meanings given in the PPSA.

11. Warranties

11.1 You rely on your own judgement in selecting Goods.

11.2 Manufacturer warranties are passed on where applicable.

11.3 Warranty claims must be made within seven days of delivery.

11.4 All implied warranties are excluded to the fullest extent permitted by law.

12. Consumer Guarantees Act (CGA)

12.1 Unless advised otherwise, Goods are supplied for business purposes.

12.2 Where Goods are acquired in trade, the CGA does not apply.

12.3 Nothing in these Terms limits consumer rights where the CGA applies.

13. Limitation of Liability

13.1 We are not liable for reliance on advice or information provided.

13.2 Liability is limited to replacement, repair, refund, or direct loss.

13.3 We are not liable for indirect or consequential loss.

13.4 Liability is capped at the price of the Goods supplied.

14. Privacy

14.1 We may collect and use personal information for business purposes.

14.2 Credit-related information may be shared with relevant agencies.

14.3 Individuals may access and request correction of personal information.

15. Compliance with Regulations

15.1 You are responsible for compliance with all applicable laws and standards.

16. Force Majeure

16.1 We are not liable for failure caused by events beyond our control.

17. Errors and Omissions

17.1 We may correct any clerical or administrative errors.

18. General Conditions

18.1 Failure to enforce any right is not a waiver.

18.2 Assignment requires our written consent.

18.3 Invalid provisions do not affect remaining terms.

18.4 We may update these Terms from time to time.

18.5 These Terms are governed by New Zealand law.

19. Definitions and Interpretation

19.1 Definitions include:

CGA – Consumer Guarantees Act 1993

PPSA – Personal Property Securities Act 1999

Goods – All goods supplied by us

Default Event – Failure to pay, insolvency, or breach of Terms

19.2 Headings are for convenience only.

19.3 References include individuals and entities.

19.4 References to law include amendments.