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Trade Account Application

Apply for a Trade Credit Account Application

Welcome to our on-line trade credit account application. We aim to process all applications within two working days of receiving a signed copy of the application. In order to complete this application you must be an authorised person. (If you are a Government department please telephone 09 581 2399 or email onlinecreditapplication@fb.co.nz for your application).

To assist with the application please have the following ready:

1. Three trade credit references
2. Driver's licence of director or business owner

Should you require any assistance please telephone 09 581 2399.

You can apply for a Trade credit application online by agreeing to the terms of trade below to proceed further.

Terms of Trade

You acknowledge that these Sale Terms are to be read in conjunction and supplement the Fletcher Building Terms of Credit.

1.        INCORPORATION

  • You acknowledge that these Sale Terms are to be read in conjunction, and supplement the Fletcher Building Terms of Credit. (together defined as Terms)
  • By ordering or purchasing Goods from the Supplier whether on trade account, in store or online, you, the Customer agree that these Terms will apply to those Goods and to any estimate or quote given in respect of them by the Supplier
  • These Terms take precedence over any existing or subsequent terms or variations provided by the Customer unless otherwise agreed by the Supplier in
  • The Supplier may vary these Terms at any time by publishing the varied terms on the Comfortech™ website www.comfortech.co.nz Goods ordered after the date of the publication of the updated terms will be subject to the variation and the placing of an order will be deemed to be an acceptance of such terms.

2.        ORDERS

  • An estimate or quote will not amount to an offer to sell No contract for the supply of Goods exists until the Customer’s order has been accepted by the Supplier.
  • Each accepted order including delivery by instalment will constitute a separate contract incorporating these Terms and any further terms set out in the estimate or quote.
  • The Customer is liable for all orders and purchases made irrespective of whether it has taken delivery of the Goods.
  • The Supplier may cancel any part of an order (including any orders that have initially been accepted) without any liability to the Customer for that cancellation at any time if:
    1. the Goods in that order are not available;
    2. there is an error in the price of the Goods in that order;
    3. there is an error in the Goods description; or
    4. NZDBU believes the Customer’s order has been placed in breach of these Terms

3.        PRICE

  • Pricing is indicative based on charges and rates in effect at the date of issue. 
  • Any increase in the price of Goods (including but not limited to manufacturing costs price of raw materials shipping and freight costs and change in currency exchange rates) affecting the cost of supply, production and/or delivery of the Goods will be included in the invoiced price payable by the Customer. 
  • The price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any estimate or quote given by the Supplier. 
  • An extra charge may be made where additional work results from lack of precision or inaccuracy in the Customer’s specifications or the Customer alters the specifications after the date of order.
  • The Customer is bound to pay the price from the time that an order is placed with the Supplier, with there being no obligation on the Supplier to inquire as to the authority of any person placing an order on behalf of the Customer 
  • No order may be cancelled without the Supplier’s prior approval, and then only upon such terms as the Supplier may specify. 
  • Alterations to any product price list (excl delivery) shall be effective from the date specified by the Supplier at the time of giving notice to the Customer. 

4.        DELIVERY

  • Where delivery is to be made at the place specified in the order, the Supplier shall deliver, or arrange delivery of, the Goods to the place specified and pay any transportation costs incurred as a result unless otherwise agreed in writing and subject to such delivery costs being paid by the Customer. 
  • If no place of delivery is specified, delivery shall be made at the Supplier’s premises and shall take place at the time when the Goods are made available for despatch at the Supplier’s premises.
  • Goods will be deemed accepted upon delivery. 
  • If the Supplier subsequently arranges transportation, storage or insurance of the goods:
    1. the Supplier does this as the Customer’s agent;
    2. the Customer must pay the Supplier all the costs of this service; and
    3. the Customer shall indemnify the Supplier for any liability incurred by the Supplier in providing this service.
  • The Supplier may deliver the Goods by instalments, and each instalment shall be treated as a separate contract under these Terms. 
  • If the Supplier fails to deliver or makes defective delivery of part of the Goods, this does not entitle the Customer to cancel the contract. 
  • Any time stated for delivery is an estimate only. The Supplier is not liable for any delay in delivery. 
  • If the Customer fails or refuses to accept delivery without reasonable cause of any of the Goods for which is has paid, the Supplier may charge the Customer for any additional costs incurred as a result, including storage and transportation costs. 
  • If the Customer fails or refuses to accept delivery without reasonable cause of any unpaid Goods the Supplier may sell or dispose of the Goods and retain all sale proceeds. The Supplier may also recover from the Customer any difference in the price received from the sale of Goods together with interest and costs including the costs of recovery compared with the sale price to the Customer. 

5.        GUARANTEES AND LIABILITY

  • Notwithstanding anything to the contrary in these Terms of Trade where the Customer is a Consumer as defined by the Consumer Guarantees Act 1993 (“CGA”) then the terms of the CGA including all guarantees and remedies pursuant to that Act will apply for the benefit of the Customer. 
  • If the Goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 and in particular sections 9, 12A, 13 and 14(1) of the Fair Trading Act do not apply to the contract in respect of those Goods. 
  • Where the Customer supplies the Goods in trade to a person acquiring them for business purposes, it must be a term of the Customer’s contract with that person that the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 do not apply in respect of the Goods.
  • The Customer acknowledges that the Supplier does not provide any express guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by the Supplier or the Goods manufacturer in writing. 
  • Where the Customer supplies the Goods to any other person in the course of trading, the Customer must not give or make any undertaking, assertion or representation in relation to the Goods without the Supplier’s prior approval in writing. 
  • The Customer agrees to indemnify the Supplier against any liability or cost incurred by the Supplier under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of the obligations contained in these Terms. 
  • The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to these terms, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
    1. defective Goods and services or Goods and services which do not comply with a contract shall, at the Supplier’s discretion, be either repaired or replaced, or the price refunded;
    2. any right which the Customer may have to reject non-conforming or defective goods shall only be effective if the Customer notifies the Supplier in writing within 5 days of discovery of the non- conformance or defect or within 5 days of when the non-conformance or defect should reasonably have been discovered and provided the Supplier is given a reasonable opportunity to investigate and resolve the claim. 
    3. no Goods shall be returned unless the Supplier has agreed in writing in advance;
    4. the Supplier may, at its discretion, delay the repair or replacement of, or the refund of the price of, any Goods for so long as the Customer is in default in relation to the amount owing. 
  • Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention. 

6.        GOODS USE AND SAFETY

  • The Customer must ensure that:
    1. Goods are installed, used and maintained in compliance with all manufacturer instructions, guidance, warranties and all Applicable Law. 
    2. Goods are used safely and where applicable, under appropriate supervision with appropriate training. 
    3. The Customer shall notify the Supplier immediately upon the discovery of any safety issue with the Goods. 
  • Where the Customer is on a Supplier’s site it will comply with all safety policies, protocols and directives made known to it by the Supplier including but not limited to compliance with all safety notices displayed and all Applicable Law. Failure to comply may result in eviction from the site and closure of the Customer’s credit account.
  • Where Goods are being delivered or installed by the Supplier the Customer must ensure that:
    1. it provides safe access to site and secure storage at the site for Goods materials and equipment which may be used in providing the installation services. 

Failure to comply may result in the Supplier refusing to deliver or undertake the installation services.

7.        PACKAGING

  • The Supplier may charge a deposit in respect of any pallets, containers or cartons ("packaging") used in the delivery or packaging of the Goods and in such circumstances the packaging remains the property of the Supplier and the Supplier shall refund such deposit only after the return of the packaging (at the cost of the Customer) in good order and condition within a reasonable time of receipt by the Customer. 

8.        OWNERSHIP OF WORKS

  • All works produced by the Supplier, and any intellectual property in and to such works, remain the exclusive property of the Supplier unless otherwise agreed in writing, and the Supplier may charge the Customer for maintenance of such works. 
  • Where the Customer supplies a mould, die, tool, printing plate or any other item used in the manufacturing process. 
  • The Supplier shall not be liable for any loss or damage of any such item; and the Customer shall reimburse the Supplier for all maintenance expenses. 

9.        INTELLECTUAL PROPERTY

  • All right title and interest in all Intellectual property in all concepts, systems, written graphic and other material relating to the Supplier is owned by and will at all times remain the exclusive property of the Supplier, its licensors and the manufacturers or suppliers of any of the Goods it supplies and is protected by New Zealand and international law. Nothing in these Terms will constitute any licence of intellectual property rights to the Customer unless otherwise expressly and prior agreed in writing by a senior representative of the Supplier 
  • The Customer warrants that the use by the Supplier of any designs or instructions supplied by the Customer will not infringe the patents, trade marks, designs or copyright ("intellectual property") of any other person and the Customer agrees to indemnify the Supplier against any claim relating to or arising from the infringement of any intellectual property of any other person. If at any time a claim is made against the Supplier or the Supplier becomes aware that a claim is likely to be made against the Supplier for infringing any intellectual property or contributing to any such infringement by the Supplier or any other person as a result of supplying goods, the Supplier may immediately terminate or suspend these Terms.

10.     MEDIATION

  • Without limiting any rights of the Customer under the Consumer Guarantees Act, either party may require any dispute arising which has not been resolved within 14 days to be referred to The mediator shall be appointed by both parties or, where the parties cannot agree within 14 days, appointed by the chairperson or any other office holder of the New Zealand chapter of LEADR. The mediator shall conduct the mediation in accordance with the guidelines agreed between the parties or, if the parties cannot agree within 14 days following appointment of the mediator, in accordance with the guidelines set by the mediator. The costs and expenses of the mediator shall be shared by the parties equally. Such mediation to take place within 40 working days of the appointment of mediator.

11.     WAIVER

  • If the Supplier exercises or fails to exercise any right or remedy available to it, this shall not prejudice the Supplier’s rights in exercising that or any other right or remedy.
  • Waiver of any term of these Terms must be specified in writing and signed by an authorised officer of the Supplier. 

12.     FORCE MAJEURE

  • The Supplier will not be liable under or in connection with these Terms for any delay or failure to perform in part or in full any of its obligations under these Terms to the extent that the delay or failure is caused by a Force Majeure Event. For the purposes of tis clause Force Majeure event is defined as any cause that prevents the affected party from performing any or all of its obligations (in part or in full) under this agreement which arises from or is attributable to acts, events, omissions or accidents beyond the control of the affected party.

13.     MEDIATION

  • Without limiting any rights of the Customer under the Consumer Guarantees Act, either party may require any dispute arising which has not been resolved within 14 days to be referred to The mediator shall be appointed by both parties or, where the parties cannot agree within 14 days, appointed by the chairperson or any other office holder of the New Zealand chapter of LEADR. The mediator shall conduct the mediation in accordance with the guidelines agreed between the parties or, if the parties cannot agree within 14 days following appointment of the mediator, in accordance with the guidelines set by the mediator. The costs and expenses of the mediator shall be shared by the parties equally. Such mediation to take place within 40 working days of the appointment of mediator.

14.     WAIVER

  • If the Supplier exercises or fails to exercise any right or remedy available to it, this shall not prejudice the Supplier’s rights in exercising that or any other right or remedy.
  • Waiver of any term of these Terms must be specified in writing and signed by an authorised officer of the Supplier. 

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I acknowledge I have read and understand these Terms & Conditions and wish to continue.

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