Terms & Conditions

The following terms and conditions (Terms), in conjunction with any Plucks’ proposal or subsequent confirmation of order (Proposal) constitute the Agreement (Agreement) between Plucks Engineering Limited (Plucks) as supplier of goods and services to you, our customer. These Terms will not be superseded unless stated in our Proposal or expressly agreed by us in writing.

1 Definitions

Account means the Account in the name of the Customer pursuant to acceptance of the Plucks Account Application form by Plucks. Customer means the purchaser of Goods or Services from Plucks and includes any reseller of Goods. Goods means all goods supplied by Plucks to the Customer from time to time. GST means goods and services tax pursuant to the Goods and Services Tax Act 1985 (as amended or replaced). PPSA means the Personal Property Securities Act 1999. Services means all services supplied by Plucks to the Customer from time to time and includes those services supplied by any installer or subcontractor engaged by Plucks in relation to those Services.

2 Terms of contract

2.1 By opening an Account or requesting Plucks to supply Goods or Services to the Customer (including by accepting a Proposal), the Customer acknowledges and agrees (or is deemed to have acknowledged or agreed) that it has assented or agreed to these Terms which will form part of each contract notwithstanding anything that may be stated to the contrary.

2.2 Plucks will not be bound by any conditions included in any enquiry or order provided by the Customer unless it accepts them in writing.

2.3 Plucks is not obliged to accept any order for Goods and/or Services made by the Customer and may decline an order for any reason.

3 Price

3.1 The price for the Goods and Services will be either as proposed to the Customer in writing, or, if no written Proposal is provided, at Plucks’ standard charges applying at the time. Unless otherwise agreed in writing, any proposed price may be altered prior to delivery of the Goods or provision of Services if Plucks’ costs fluctuate materially. Plucks may withdraw any Proposal before it is accepted, and in any event, any proposal or quotation will lapse without notice 30 days after it is given.

3.2 Prices for Goods do not include the cost of delivery unless otherwise agreed in writing.

3.3 Unless otherwise agreed in writing prices are given in New Zealand dollars and do not include GST.

4 Payment

4.1 The Customer must pay for the Goods placed on the Customer’s account within 20 days from date of invoice unless a Proposal applies.

4.2 Where the Customer has accepted a Proposal, payment will be made in accordance with the terms of payment specified in the Proposal.

4.3 Plucks may at its discretion require the Customer to pay a deposit.

4.4 In the event delivery of Goods and/or performance of Services is delayed by reason of or as a result of any act, omission, default or request by or on behalf of the Customer, Plucks may, without prejudice to its other rights and remedies, require payment for the portion of Goods delivered and Services performed up to the date such payment is required, together with any additional costs incurred by Plucks as a result of such delay. In the event of such delay continuing beyond a reasonable time, Plucks may, without prejudice to its other remedies terminate the Agreement.

4.5 In the event that payment is not received by the due date for payment and without prejudice to any other remedies available to Plucks, Plucks may: (a) cancel or withhold the supply of further Goods or Services; and (b) charge default interest on monies overdue at the current default rate of 5% above Plucks’ trading bank’s 90-day bill rate at the time of default, which will accrue on a daily basis and compound monthly from the due date until all amounts due, including default interest, have been paid in full. All amounts received by Plucks will be applied first in payment of default interest.

4.6 All costs incurred by Plucks in recovering overdue monies (including court, solicitor and debt collection costs) are payable by the Customer.

4.7 The Customer may not set off against the price payable for the Goods any claims which the Customer might have against Plucks. However, Plucks may agree to accept goods as a trade-in to be applied as a deposit or part payment.

4.8 Plucks may set-off against any moneys owed by Plucks to the Customer any moneys which the Customer owes to Plucks so that the obligation of Plucks to the Customer will be to pay the net balance only.

4.9 Any payment received from the Customer may be applied by Plucks to all or part of the amount owing for any Goods as Plucks sees fit. This clause shall apply to any payment received from the Customer irrespective of whether that payment is intended by the Customer to be for particular Goods or in respect of a particular invoice.

5 Title

5.1 Ownership of the Goods remains with Plucks and does not pass to the Customer until Plucks receives full payment of all amounts due and payable from the Customer and the Customer has satisfied all of its obligations to Plucks. Until all amounts owing to Plucks have been paid, the following shall apply: (a) the Customer will hold or deal with the Goods as a fiduciary of Plucks and deal with it as agent and on behalf of Plucks (but the Customer will not hold itself out to be Plucks’ agent to any third parties); (b) the Customer will keep the Goods separate from other goods or otherwise ensure that the Goods are separately identified or identifiable; and (c) the Customer must not grant any interest or charge over the Goods to any person or dispose of any interest in the Goods.

5.2 The Customer will not assign or purport to assign to any other person the right to receive any such proceeds held or owing to the Customer by a third party in respect of the Goods.

5.3 The Customer grants Plucks an irrevocable licence to take any action it considers necessary at any time to protect the Goods or its security interest in the Goods (including, without limitation, taking possession of the Goods at any time without notice and entering onto the land and premises where any Goods are located, regardless of whether or not an occupier is present, and repossessing the Goods) without incurring any liability to the Customer or (to the extent permitted by law) any other person. To the extent permitted by law, Plucks will not be liable to the Customer or any third party for any loss or damage caused by its actions under this clause and the Customer indemnifies Plucks, its servants and agents, for any alleged liability resulting from the repossession, and the Customer will pay all costs incurred by Plucks in respect of the repossession.

5.4 For the avoidance of doubt, the Customer acknowledges and accepts that Plucks own all intellectual property and copyright in any concepts, plans and specifications prepared by Plucks or on behalf of Plucks. The Customer must not use, copy or reproduce any of the documents or intellectual property Plucks supplies to the Customer for any purpose other than for the purpose of performing their obligations under these Terms. Where the Customer is a reseller, it must ensure that its customers and any installer or subcontractor are aware of and agree to this obligation and only use the intellectual property in a manner consistent with this clause. The Customer warrants that all designs or instructions to Plucks will not cause Plucks to infringe any intellectual property in the execution of the Customer’s order and the Customer agrees to indemnify Plucks against any action taken by a third party against Plucks in respect of any such infringement.

6 Delivery and Risk

6.1 Plucks shall use reasonable endeavours to ensure that delivery of the Goods is made according to schedule, but shall not be responsible for delivery delays due to causes beyond Plucks’ control. Goods may be delivered in instalments.

6.2 Delivery will be deemed to be completed upon either receipt of the Goods by or on behalf of the Customer, or upon receipt of the Goods by a carrier for delivery to the Customer.

6.3 Risk in respect of the Goods shall pass to the Customer: (a) at the time those Goods are delivered to the Customer or its carrier, or the Customer’s property (including prior to install); (b) installed by Plucks; or (c) at the time the Customer pays for the Goods, whichever is the earlier.


7.1 Without limiting anything else in these Terms, the Customer grants to Plucks a security interest in the Goods (and all proceeds) so as to secure all payments under the Agreement and all monies owing by the Customer to Plucks. The Customer agrees to do all things necessary to enable Plucks to register a financing statement on the Personal Property Securities Register (PPSR) and to ensure that the security interest is a first ranking perfected security interest over all the Goods and proceeds.

7.2 The Customer shall ensure that it is always able to identify: (a) the Goods from any other goods that may be in the Customer's possession; and (b) the particular Goods to which any invoice relates.

7.3 If the Goods subsequently become part of some other product or mass, then nothing in these Terms shall limit the application of sections 82 to 86 of the PPSA.

7.4 The Customer waives its right to receive a copy of any verification statement in respect of any financing statement or financing change statement relating to the security interest.

7.5 The Customer agrees that nothing in sections 114(1)(a), 120(1), 122, 133 or 134 of the PPSA will apply. The Customer agrees to waive its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA to the extent that these rights may be waived under section 107(2) of the PPSA.

8 Plucks’ liability

8.1 Subject to clause

8.2 and except to the extent of any written warranties given by Plucks to the Customer, all warranties and representations, including those expressed or implied by law, are excluded to the extent permitted by law. 8.2 Plucks will use reasonable endeavours to ensure the Customer receives the benefit of any manufacturer’s warranty provided in respect to the Goods. Where Plucks is the manufacturer, the Goods are warranted against defects in materials and workmanship for three months from date of delivery (Plucks Warranty) unless otherwise specified in the Proposal. The Plucks Warranty covers the cost of repair or replacement of defective components found and reported during the warranty period. Any repaired or replaced components are warranted for the remainder of the warranty period as if such were the original components. Where Goods are installed by Plucks, the warranty cover includes cost of removal and re-installation. Where Goods are installed by others, the warranty cover is limited to supply ex Plucks Rakaia workshop only, and the Customer is responsible for return of defective components to our workshop for repair/exchange, and for subsequent re-installation by the Customer.

8.3 Plucks shall not be liable:

  • (a) for loss caused by any factors beyond Plucks’ reasonable control, including, failure of protection devices, mains-power fluctuations and any act of God;
  • (b) where the Customer has altered or modified the Goods, misapplied the Goods, or have subjected them to any unusual or non-recommended use, storage, servicing or handling or other improper operation or unauthorised modification or repairs;
  • (c) for any delay in delivery of the Goods or replacement Goods;
  • (d) where the Customer does not comply with the terms of any written warranty, including any failure to service;
  • (e) for any indirect or consequential loss of any kind including, without limitation, loss of profits;
  • (f) for any second-hand Goods;
  • (g) for normal wear and tear; or
  • (h) anything else specified in the Proposal.

8.4 Without limiting clause 8.2 and 8.3, Plucks’ total liability for defective or damaged Goods supplied by Plucks or otherwise arising under this Agreement is limited at Plucks’ option to either: (a) replacing the Goods or re-performing the Services; or (b) refunding the price of the Goods or Services.

8.5 The Customer must notify Plucks within 7 days of delivery or collection of the Goods or any defect or complaint the Customer may have in respect of the Goods or Services. Plucks will not be liable for any defective or damaged Goods unless notification is given within this time period.

8.6 Without limiting any other provision of these Terms, the Customer acknowledges and agrees that the description under which the Goods are sold represents no more than what Plucks reasonably believes the Goods to be and does not constitute a guarantee or warranty as to the quality or suitability of the Goods.

8.7 Plucks is under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach of this Agreement.

9 Guarantee

9.1 Where there is a guarantor specified, the guarantor guarantees the performance by Customer of its obligations under this Agreement and it is acknowledged and agreed that as between the Customer and the guarantor, the guarantor may for all purposes be treated as being primarily liable and Plucks shall be under no obligation to take proceedings against the Customer before taking any proceedings against the guarantor.

10 Disposal of Customer goods

10.1 Any goods held by Plucks that belong to the Customer that are not collected within three months of notice in writing of availability for collection may be disposed of by Plucks without further notice, and Plucks may retain any proceeds of such disposal.

11 Consumer Guarantees Act 1993 (CGA), Fair Trading Act 1986 (FTA) & Contract and Commercial Law Act 2017 (CCLA)

11.1 The Customer and Plucks each agree that when the Goods and Services are supplied and acquired in trade, the CGA may not apply.

11.2 The parties agree that section 9, 12A, 13 and 14(1) of the FTA do not apply to this Agreement.

11.3 Plucks rights, powers and remedies provided for in these Terms are in addition to, do not limit or exclude (or otherwise adversely affect), any right, power or remedy provided to us by law including under Part 3, subpart 4 of the CCLA unless expressly stated. Plucks can elect in its sole discretion whether these Terms or any law inconsistent with these terms applies, to the extent such law may be contracted out of. The Customer acknowledges that these Terms contain clauses that are for the benefit of any reseller of Goods, and may for the purposes of the Part 2, subpart 1 of the CCLA be enforced by that reseller.

12 Information

12.1 The Customer (and any guarantor) authorise Plucks to collect, retain and use information about the Customer for the purpose of carrying out credit checks, deciding whether to continue to make any Goods or Services available to the Customer, debt collection or marketing. The Customer authorises Plucks to obtain any other information about the Customer from any third party for this purpose.

12.2 The Customer also authorises Plucks to provide information about the Customer (including information relating to any default in your payment obligations) to any third party for the purpose of that party carrying out credit checks, obtaining credit reports or debt collection. To the extent permitted by law those third parties may hold that information in their systems and use it now and in the future.

12.3 The Customer may ask to see any personal information Plucks holds about the Customer and ask for any details that are wrong to be corrected.

13 Cancellation

13.1 The Customer may not cancel any order for Goods or part of it without Plucks’ written consent. If the Customer does cancel any order, in addition to any other rights Plucks may have, Plucks may retain any deposit paid.

13.2 Plucks may cancel an order or delivery of an order or decide to not provide the Services by giving written notice to the Customer if the Customer: (a) commits a breach of the Agreement that is incapable of remedy; (b) has failed to comply with a written notice given by Plucks specifying a breach of the Agreement and requiring the Customer to remedy the breach within 14 days; (c) Plucks or the Customer is refused any required licences or permits in respect of the Goods; (d) being an individual, is made bankrupt; or (e) being a company, is wound up or placed in liquidation or receivership, or where Plucks has reasonable grounds to believe the Customer is insolvent or in financial difficulty.

13.3 On termination Plucks shall have the right to deal with the Goods as Plucks wishes at its absolute discretion.

14 General

14.1 A reference to any legislation in these Terms includes a reference to any amended or substitute legislation and any regulations enacted under that legislation.

14.2 These Terms are subject to, governed by and interpreted in accordance with New Zealand law and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute in relation to this Agreement.

14.3 Each clause of these Terms is separately binding. If any clause is void, unenforceable or otherwise ineffective by operation of New Zealand law the remaining clauses will continue to be valid and enforceable.

14.4 Where the Customer comprises more than one person or entity then the obligations between those persons under these Terms is joint and several.

14.5 No delay or failure by us to exercise our rights under the Agreement operates as a waiver of those rights. The partial exercise of those rights does not prevent their further exercise in the future.

14.6 The Customer agree that we may amend these Terms at any time. If we make a change to these Terms, then that change will take effect from the date on which we notify the Customer of such change.

14.7 The Customer shall not assign or transfer any of its rights or obligations under the Agreement without the prior written consent of Plucks. Plucks may license or subcontract all or any part of the rights or obligations and may assign its rights and benefits under these Terms without the Customer’s consent.

14.8 Plucks, may at its own cost and without charge to the Customer, take such photographs of the Services (at any stage of completion) as it wishes and use such images for advertising and/or marketing purposes.