1. ZX Panel® provides this website service with the aim of promoting to and informing website visitors about our product, and product supply. ZX Panel® will use reasonable endeavours to ensure the website is available at all times but will take no responsibility for any system failure or for any loss incurred as a result.
  2. In order to use the ZX Panel® website, you will need access to the World Wide Web, through devices that access web-based content, and pay any service fees associated with such access services. ZX Panel® takes no responsibility for the establishment, costs or maintenance of those services.
  3. ZX Panel® uses its best endeavours to display information that is true, accurate and current, but reserves the right to change, alter, delete and adapt any plan, specification or information about their homes or business at any time without prior notice to any party. ZX Panel® takes no responsibility for any loss incurred as a result of any such inaccuracies, changes, alterations, deletions and adaptions.
  4. ZX Panel® reserves the right to edit any uploaded and displayed content and will not permit content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or inappropriate.
  5. A Ridged Air Board (RAB) has to be used if a building is going to be unlined inside.
  6. If you have ordered more products than required there is no return policy so please make sure you double check your order.

ZX Panel® reserves the right to terminate any services without notice and without refund of any cost incurred for any breach of the above. Under no circumstances will ZX Panel® be liable in any way for any content including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted to and communicated from the ZX Panel® website service.


ZX Panel® Ltd Terms & Conditions of SaleMarch 2018


ZX Panel® means ZX Panel Ltd Buyer means the person or company placing an order with ZX Panel for the purchase of Goods Conditions or these Conditions means the Terms & Conditions of Sale outlined in this document Goods means all goods, merchandise supplied by ZX Panel® to the Buyer Written means any information which can be printed on any material, including information data stored in a computer or any information retrieval system or any form of information stored by any technical means

1) Alteration of Conditions

a) These Conditions shall apply to all orders for Goods placed by the Buyer with ZX Panel® to the exclusion of all other terms or conditions and shall prevail over all other terms, conditions or representations

b) No other terms or representations will apply to any sale of Goods by ZX Panel® to the Buyer, including and without limitation, any terms contained on the Buyer’s purchase order

c) These Conditions may only be varied in writing, signed by both parties

2) Acceptance of Orders and Quotations

a) ZX Panel® reserves the right to accept, or to decline, in whole or part, any order and any order or part order not accepted is deemed cancelled

b) A quotation made by ZX Panel® is not to be construed as an offer to sell, and ZX Panel® reserves the right to accept or reject in whole or in part any order derived via the quotation process

c) ZX Panel® may accept orders placed by intangible (including electronic and verbal) means but the Buyer hereby releases ZX Panel® from any loss or damage the Buyer may suffer due to errors or omissions arising from the transmission (or failure of transmission) of the order

3) Cancellation of Orders

a) Once lodged with ZX Panel®, an order may only be cancelled with the written consent of ZX Panel®. If the Buyer cancels an order without prior consent, the Buyer must indemnify ZX Panel® for any loss or damage ZX Panel® suffers as a result

b) Without limiting clause 3(a) (above), where the Goods are not listed in ZX Panel’s® current New Zealand price list a cancellation fee of 100% of the net invoice value will apply

4) Prices and Quotations

a) All published prices are exclusive of GST

b) ZX Panel® publishes price lists which shall determine pricing at the point of order

c) All pricing, is subject to variation at the discretion of ZX Panel® due to increases in material costs, exchange rate fluctuations or changes in taxation or duties

5) Freight

a) All prices quoted by ZX Panel® for the supply of Goods to the Buyer are inclusive of freight to any Mainfreight Depot in New Zealand but are exclusive of any further carrier charges

6) Governing Law & Submission to Jurisdiction

a) These Conditions and any contract incorporating them shall be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand

7) Terms of Payment

a) The extension of credit to the Buyer and the terms upon which it is provided remain at all times at the absolute discretion of ZX Panel®

b) Unless ZX Panel® agrees to extend credit to the Buyer, all payment for Goods shall be made in full and without deduction, counterclaim or set-off by the 20th of the month following the date of invoice

c) Receipt of any cheque or other bill of exchange shall not comprise payment until the same has been honoured or cleared. Part payment will not compromise ZX Panel® rights to recover the balance owing, nor will it constitute satisfaction and/or transfer of title of the Goods

d) Without limiting clause 7(a) (above) ZX Panel® retains the right to withdraw credit facilities at any time for reasons of non-payment, or if the Buyer is placed in liquidation, voluntary or otherwise

e) Notwithstanding anything contained in these Conditions, all payments, whether due for payment or not, shall become immediately due to ZX Panel® in the event that:

8) Late Payments

a) ZX Panel® may, at its discretion, charge the Buyer interest on late payments based on the bank overdraft rate charged to ZX Panel®, plus 2%, from the date when such payment fell due, until paid, notwithstanding any agreement for extension of time for payment

b) Where payments are overdue, or where ZX Panel® reasonably considers that the Buyer will not be able to pay its debts to ZX Panel® as they fall due, ZX Panel® may at its option either cancel uncompleted contracts or orders forthwith or suspend delivery of Goods yet to be delivered, without prejudice to any other remedy that ZX Panel® may have

9) Invoice Claims & Disputes

a) The Buyer shall notify ZX Panel® in writing within seven (7) days of the date of receipt of Goods of any objection or discrepancy (excluding shortages in quantities mentioned in clause 12.c) as to the invoice. In the event that no written objection is received by ZX Panel® within seven (7) days of the date of receipt of the Goods, the invoice shall be conclusive evidence between the Buyer and ZX Panel®, and the Buyer waives any rights of objection or query with respect to such invoice

10) Specification

a) ZX Panel® will supply the Goods in compliance with the manufacturer’s specifications in effect at the time of delivery

b) The specifications and description of Goods are subject to change without notice and ZX Panel® will not be required to supply superseded or discontinued Goods nor will it be liable for any loss or damage suffered by the Buyer as a result of any change to the specifications or description of the Goods

v) The Buyer must not pledge or in any way charge or encumber the Goods by way of security for the indebtedness of the Buyer or any other person;

vi) If the Goods are sold by the Buyer, the Buyer acknowledges that such sale is by the Buyer as bailee for and on behalf of ZX Panel® and agrees to hold the proceeds of sale as a fiduciary on trust for ZX Panel® in a separate account until payment in full to ZX Panel® for the Goods, and ZX Panel® is entitled to receive forthwith upon demand from such proceeds, payment of the total purchase price outstanding to ZX Panel®; and vii) The proceeds of a sub-sale (to the extent of the amount of the total purchase price outstanding to ZX Panel®) shall be held by the Buyer as a fiduciary on trust for ZX Panel® even if the Buyer fails to keep such proceeds in a separate account.

11) Delays & Non-Delivery

a) The date for delivery is the estimated and tentative date for delivery only and ZX Panel® shall be under no liability for any loss or damage howsoever arising if the Goods are not delivered by that date

12) Point of Delivery & Passing of Risk

a) Where Goods are conveyed by ZX Panel® nominated carrier, passing of risk will be on delivery at the Buyer’s nominated depot

b) Where Goods are conveyed by the Buyer’s nominated carrier, risk shall pass (and delivery shall be deemed to have been made) upon collection of the Goods from ZX Panel®

c) All deliveries shall be deemed to have been delivered without shortage in quantity unless the Buyer gives ZX Panel® notice of such shortage within twenty-four (24) hours after delivery of the Goods to the Buyer’s nominated depot

d) Where Goods are conveyed by ZX Panel® nominated carrier, ZX Panel® will accept no liability for damage to Goods in transit not notified in writing to it and to the carrier concerned within twenty-four (24) hours after delivery and ZX Panel® liability, if any, shall be limited to repair or replacement of the Goods within a reasonable time

e) The Buyer must ensure that it is ready and capable to accept delivery of the Goods on the delivery date. If the Goods are unable to be promptly discharged or delivered, the Buyer is liable to compensate ZX Panel® fully for any cost incurred by ZX Panel® as a result of any delay encountered

13) Title

a) Until ZX Panel® has received payment in full for the Goods:

14) Warranties – Exclusions & Limitations

a) ZX Panel® warrants that each of the Goods and its components directly supplied by ZX Panel® will conform to the applicable manufacturer’s specifications for a period of 15 years from the date of delivery, unless otherwise specified

b) If there is a material defect, and the Buyer notifies ZX Panel® of the material defect and within that period, ZX Panel® will use its best efforts to repair or replace the defective component. ZX Panel® total obligation under the warranty is limited to the replacement or repair of the Goods (or their defective components), or a credit to the invoice value of the product

c) The warranty given in clause 14(a) will not apply if:

d) The Buyer shall return, freight prepaid, to ZX Panel® any Goods and components on which a warranty claim exists and shall permit ZX Panel® to make tests on site in relation to such Goods or components

e) These Conditions do not exclude or limit the application of any provision of any statute where to do so would:

f) Except for clause 14(a) (above), ZX Panel® excludes all conditions and warranties expressed or implied by statute, general law or custom except any implied condition or warranty the exclusion of which would cause this clause to be void

g) If the Buyer acquires the Goods from ZX Panel® for the purposes of a business in any way, or the Buyer holds itself out as acquiring the Goods for the purposes of a business in any way, the Buyer agrees to the following terms:

h) The Buyer warrants that if it purchased any Goods from ZX Panel® for resupply as, or incorporates any Goods into, goods ordinarily acquired for personal household or domestic use (“Consumer Goods”) it will supply the Consumer Goods on the following conditions:

j) Subject to clauses 14(e) and 14(f), ZX Panel® total liability to the Buyer, in tort, under statute or for breach of any express provision of a contract is limited to the lesser of:

k) Without limiting clause 14(j) (above), ZX Panel® will not, in any circumstances be liable for any consequential loss or damage suffered by the Buyer howsoever caused. This clause applies whether the consequential loss is incurred by the Buyer or a third party

15) Return of Goods

a) No Goods shall be returned without the prior consent in writing of ZX Panel® and in conformity with all ZX Panel® Goods return policies & procedures. Where Goods are returned without such consent, they will not be accepted and will be returned to the Buyer at the Buyer’s expense

16) Method of Return

a) Unless otherwise agreed in writing by ZX Panel®, all returns must be made freight prepaid at the Buyer’s expense and at the Buyer’s risk pending final inspection by ZX Panel®

b) The Goods must be properly and adequately sent in their original and specific packaging materials (Goods fully secured), and suitable for immediate resale

c) All returned Goods must be accompanied by a completed ZX Panel® RMA document. Intention to return Goods must be notified to ZX Panel® within seven (7) days of delivery to Buyer and return must be to ZX Panel® warehouse in Mount Maunganui within 14 (fourteen) days of date of delivery by the Buyer.

17) Re-stocking & Handling Charges

a) Unless otherwise agreed, Goods returned will be subject to a 20% restocking and handling fee

18) Non-Returnable Goods

a) Without limiting clause 15 (above), none of the following shall be accepted for return under any circumstances:

19) Intellectual Property

a) All intellectual property in the Goods sold to the Buyer remains the property of ZX Panel® b) ZX Panel® gives no rights to the Buyer to use or to exploit or otherwise deal in any of intellectual property without its prior express written consent

20) Privacy Act 1993

a) ZX Panel® will hold any personal information received from the Buyer for marketing, product development, account administration and credit purposes. ZX Panel® may disclose personal information about the Buyer to any person the Buyer names as a credit referee or to any person for the purpose of securing ZX Panel’s® interest in any Goods. Failure by the Buyer to supply personal information for these purposes entitles ZX Panel® to withdraw or refuse credit to the Buyer and to repossess any Goods in the possession of the Buyer

21) Personal Property Securities Act 1999 (“PPSA”)

a) The Buyer grants ZX Panel® a security interest in the Goods and any proceeds thereof in favour of ZX Panel® for the payment of the purchase price of the Goods and for all other indebtedness of the Buyer to ZX Panel® on any account

b) To protect ZX Panel® security interest, the Buyer agrees to allow ZX Panel® to register or otherwise perfect ZX Panel® security interest as permitted by the law in any relevant jurisdiction

c) The Buyer acknowledges that the terms of the PPSA will apply to all Goods supplied in New Zealand to the Buyer and agrees:

22) Grounds for Termination

a) In the event that the Buyer’s financial condition shall become impaired prior to delivery or full payment to ZX Panel®, the Buyer shall notify ZX Panel® immediately

b) In the event that ZX Panel®, in its sole and unfettered discretion, finds the financial condition of the Buyer or its paying agent unsatisfactory (with or without notice from the Buyer) ZX Panel® may exercise any or all of the following options: demand immediate payment; suspend all further deliveries; terminate any agreement upon 2 days written notice to the Buyer, without limitation of any other rights or remedies it has herein or under law

c) The Buyer, in the event of its default hereunder, either directly, indirectly or through an agent, shall be liable for ZX Panel® damages including expenses and cost of collections, in addition to any other rights or remedies that ZX Panel® shall have herein or under law

23) General Terms:

a) In the event that the Buyer instructs ZX Panel® to debit its account with a paying agent and to send invoices to be paid by a paying agent acting on behalf of the Buyer, the same terms and conditions shall be applicable to the paying agent, unless otherwise agreed in writing by ZX Panel®, the Buyer and the paying agent. The appointment of a paying agent or any agent does not affect in any event ZX Panel’s® rights or remedies it has herein or under law

b) ZX Panel’s® obligation to perform will be suspended for the duration of any delay arising out of anything outside ZX Panel’s® control, including but not limited to, fire, storm, flood, earthquake, accident, war, labour dispute, materials or labour shortage, failure or delay in transportation and act or omission of the Buyer or any third person

c) ZX Panel’s® failure to insist upon strict performance of any of the terms herein shall not be deemed a waiver of any rights or remedies that ZX Panel® may have, and shall not be deemed a waiver of any subsequent breach or default in their terms, conditions, and covenants herein contained

d) If any clause or part of a clause of these Conditions is held to be invalid or unenforceable for whatever reason, to the extent not inconsistent with that invalid clause, the remaining provisions shall remain in full force and effect

e) The Buyer is not entitled to assign, transfer or otherwise dispose of any of its rights or obligations under these Conditions to anyone else without ZX Panel’s® prior written consent

f) Unless otherwise agreed between the parties in writing, all notices given hereunder shall be served in writing (including via fax or email) to the registered offices of the Buyer and/or ZX Panel®, attention to a member of the senior management team

g) Headings are for convenience only and shall not be used in construing and interpreting these Conditions

h) These Conditions supersede all previous agreements, understandings and negotiations between the parties and any previously published terms and conditions

24) Exports and Embargoes

This section applies where the Buyer undertakes export, re-export or resale of the Goods or where our commercial arrangement is not restricted solely to the New Zealand market (Exports).

b) The Buyer’s compliance with all the above undertakings is a condition of ZX Panel® continuing to supply the Goods to the Buyer and ZX Panel® has the right to suspend such supply and terminate any agreement where we have a reasonable belief that the above undertakings are not being complied with or if any obligation under any agreement would constitute a breach of any national or international regulations or any embargo or sanction and ZX Panel® shall have no liability to the Buyer or any third party by way of damages or otherwise in respect of such suspension or termination.