Sale Terms & Conditions
Effective date: 21/08/2026
These Sale Terms & Conditions apply to the sale of goods by Import Retail Wholesale Investments Limited, trading as Tower Temporary Fencing (“Tower”, “we”, “us” or “our”).
1. Business Details
Legal entity: Import Retail Wholesale Investments Limited
Company number: 8658986
GST number: 138-591-484
Trading name: Tower Temporary Fencing
Address: 2/22 Maich Road, Manurewa, Auckland
Email: info@towerfencing.co.nz
Phone: 021 170 9461
Tower Temporary Fencing is a New Zealand business operating in trade.
2. Application of These Terms
These Terms apply to all goods sold by Tower through our website, by quotation, purchase order, email, telephone, in person or through any other sales channel unless we expressly agree otherwise in writing.
By placing an order, accepting a quotation, making payment or accepting delivery of goods, the customer agrees to these Terms.
Where a written quotation or other written agreement issued by Tower contains terms that differ from these Terms, the terms of that quotation or agreement will prevail to the extent of the inconsistency.
3. Consumer and Business Customers
Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other applicable New Zealand legislation.
Where goods are supplied and acquired in trade and all parties are in trade, the parties agree, to the maximum extent permitted by law and where it is fair and reasonable to do so, that the Consumer Guarantees Act 1993 will not apply to the supply.
For transactions between parties in trade, the parties also agree, to the extent permitted by section 5D of the Fair Trading Act 1986 and where it is fair and reasonable, to contract out of sections 9, 12A, 13 and 14(1) of that Act in relation to matters capable of being contracted out of.
4. Product Information
Tower takes reasonable care to ensure product descriptions, specifications, dimensions, photographs and other information are accurate.
Unless expressly stated otherwise:
dimensions, weights, capacities and other measurements are nominal and may be subject to normal manufacturing tolerances;
minor variations in colour, finish, galvanising appearance, weld appearance, surface markings and manufacturing finish may occur;
images are illustrative and colours may vary between devices, production batches and actual products;
minor cosmetic variations that do not materially affect the intended function of a product do not constitute a defect; and
product specifications may be updated or changed by the manufacturer from time to time.
The customer must confirm that any product is suitable for its intended application before purchasing or using it.
5. Prices and GST
Unless expressly stated otherwise, prices entered and quoted by Tower are exclusive of GST.
Our website may display both:
the price excluding GST; and
the corresponding GST-inclusive price.
GST will be charged at the applicable New Zealand rate.
Prices may be changed by Tower at any time without notice. A price change will not affect an order already accepted by Tower unless otherwise agreed.
A written quotation issued by Tower overrides a website price for the goods covered by that quotation.
Delivery, freight, installation and other services are additional unless expressly included.
6. Pricing and Website Errors
Tower may correct errors or omissions in product descriptions, specifications, availability or pricing at any time.
If a product has been advertised, displayed or ordered at an obvious or genuine pricing error, Tower may decline or cancel the order.
If payment has already been received for an order cancelled because of a pricing error, Tower will refund the amount paid for the affected goods.
Nothing in this clause permits Tower to engage in misleading pricing practices or avoid obligations imposed by law.
7. Orders and Acceptance
Submission of an order does not constitute acceptance by Tower.
An order is accepted only when Tower confirms acceptance of the order, confirms that the goods are ready for collection or delivery, or otherwise expressly confirms that the order has been accepted.
Tower may decline an order before acceptance for reasonable commercial reasons, including:
incorrect pricing or product information;
stock unavailability;
inability to deliver to the requested location;
payment issues;
suspected fraud;
errors in an order; or
circumstances beyond Tower’s reasonable control.
Where an order is declined after payment has been received, Tower will refund the applicable amount.
8. Availability and Backorders
Product availability shown on our website is indicative only.
Products shown as available may occasionally be unavailable due to stock movements, damaged stock, supplier delays, inventory discrepancies or other circumstances.
Tower may accept backorders.
Any expected availability, dispatch or delivery date given for a backordered product is an estimate only unless expressly agreed otherwise in writing.
Tower will not substitute a materially different product without the customer’s agreement.
9. Payment
Unless Tower has approved a credit account in writing, payment must be received in full before goods are released, dispatched or delivered.
Accepted payment methods may include:
credit or debit card;
bank transfer;
cash;
Apple Pay;
Google Pay or other supported digital payment methods.
Credit accounts may be made available following application and approval by Tower. Separate credit-account terms may apply.
Tower may withhold supply where payment is overdue or where agreed payment requirements have not been satisfied.
10. Overdue Accounts
For approved credit customers, payment is due in accordance with the payment terms stated on the relevant invoice or credit agreement.
Unless another rate has been agreed in writing, Tower may charge interest on overdue amounts at 2% per month, calculated daily from the date payment became due until payment is made in full.
The customer must reimburse Tower for reasonable costs incurred in recovering overdue amounts, including debt collection costs, legal costs and enforcement expenses, to the extent permitted by law.
11. Delivery Area
Tower’s standard delivery service is available within the Auckland region.
A fixed or quoted delivery charge will apply and will be disclosed before the relevant order is completed or otherwise agreed with the customer.
Customers requiring delivery outside Auckland must contact Tower for an individual freight or delivery quotation.
Acceptance of orders for delivery outside Auckland is at Tower’s discretion.
This restriction does not prevent Google Merchant listings, provided Tower’s delivery area, costs and availability are accurately reflected in the website and applicable Merchant Center shipping settings.
12. Delivery Timeframes
Unless expressly guaranteed in writing, all delivery dates and timeframes are estimates only.
Tower will use reasonable efforts to deliver within the estimated timeframe but is not liable for reasonable delays caused by events outside its control, subject to any rights that cannot lawfully be excluded.
13. Access and Attendance at Delivery
The customer must:
provide a safe and reasonably accessible delivery location;
provide accurate delivery instructions;
ensure Tower’s delivery vehicle can reasonably access the nominated unloading area; and
ensure an authorised person is available to accept delivery unless unattended delivery has been agreed.
If delivery cannot reasonably be completed because of inadequate access, locked gates, incorrect instructions, no authorised person being available or another matter within the customer’s control, Tower may charge reasonable redelivery and associated costs.
Tower is not required to enter a site or location that Tower reasonably considers unsafe or unsuitable for its vehicle, driver or unloading operation.
14. Unattended Delivery
Tower will only leave goods unattended where the customer has expressly instructed or authorised Tower to do so.
To the maximum extent permitted by law, risk in goods left unattended at the customer’s request passes to the customer once Tower has delivered the goods to the agreed location.
Tower is not responsible for theft, loss or damage occurring after an authorised unattended delivery, except to the extent caused by Tower or where liability cannot lawfully be excluded.
15. Collection
Customer collection is available from:
Tower Temporary Fencing
2/22 Maich Road
Manurewa, Auckland
Customers should allow up to 72 hours for Tower to process an order and confirm that it is ready for collection.
Customers must not attend to collect an order until Tower has confirmed that the order is ready.
Tower may require reasonable identification or evidence of the order before releasing goods.
16. Customer Cancellation
An order may only be cancelled before dispatch, delivery or collection with Tower’s written agreement.
Tower may recover reasonable costs already incurred in connection with an approved cancellation.
Custom-manufactured, specially ordered, imported or customer-specific products cannot normally be cancelled once procurement or manufacture has commenced, except where required by law.
17. Change-of-Mind Returns
Tower does not accept returns, refunds or exchanges because a customer:
changes their mind;
orders the wrong product;
orders an incorrect quantity;
no longer requires the goods; or
determines after purchase that the product is unsuitable for their intended use,
unless Tower agrees otherwise in writing or a return is required by law.
This clause does not affect any rights relating to faulty, damaged, incorrectly supplied or otherwise non-compliant goods.
18. Faulty, Damaged or Incorrect Goods
Customers should inspect goods as soon as reasonably practicable after collection or delivery.
Where goods appear to be damaged, faulty or incorrectly supplied, the customer should notify Tower as soon as reasonably practicable by contacting:
info@towerfencing.co.nz
021 170 9461
The customer should provide:
the order or invoice number;
identification of the affected product;
a description of the issue; and
photographs or other reasonable evidence where appropriate.
For obvious freight or delivery damage, customers are requested to notify Tower within 5 working days where reasonably practicable so that Tower can investigate promptly.
The 5-working-day notification request is not an absolute limitation on any statutory rights and does not remove or restrict rights available under applicable New Zealand law.
Tower may reasonably require an opportunity to inspect the goods before determining the appropriate remedy.
Where Tower accepts that goods are faulty, damaged, incorrectly supplied or otherwise required by law to be remedied, Tower will provide the remedy required by applicable law, which may include repair, replacement or refund depending on the circumstances.
Where goods are validly returned because they are faulty, damaged or incorrectly supplied, Tower will pay or reimburse reasonable return freight or arrange collection.
19. Return Procedure
Customers must contact Tower before returning goods.
Unless Tower agrees otherwise, returned goods must be delivered to:
Tower Temporary Fencing
2/22 Maich Road
Manurewa, Auckland
Tower may arrange collection where the size, weight or nature of the goods makes customer return impracticable.
Unauthorised returns may be refused where Tower is not legally required to accept them.
20. Refunds
Where a refund is approved, Tower will process the refund within 5 business days after the customer’s entitlement to a refund has been confirmed.
Refunds will ordinarily be made using the original payment method where reasonably practicable.
Banks and payment providers may require additional processing time before refunded funds become available to the customer.
21. Product Suitability and Customer Responsibility
The customer is responsible for determining whether a product is suitable for the customer’s particular purpose, site conditions and intended use, except where the customer has specifically communicated a particular purpose to Tower and applicable law provides otherwise.
Product recommendations, specifications, diagrams, installation guides and other technical information supplied by Tower are general information unless expressly stated to constitute a project-specific design.
Customers must take account of relevant:
site conditions;
wind exposure;
ground conditions;
loading;
installation requirements;
local authority requirements;
health and safety requirements;
engineering requirements; and
applicable laws, standards and codes.
Where engineering design, certification or professional advice is required, the customer is responsible for obtaining that advice unless Tower has expressly agreed in writing to provide it.
22. Installation and Use
Goods must be installed, used, maintained and stored in accordance with:
Tower’s instructions;
manufacturer instructions;
applicable installation guidance;
relevant laws and standards; and
good industry practice.
To the extent permitted by law, Tower is not responsible for failure, damage or loss arising from:
incorrect installation;
inadequate bracing or support;
use outside the intended application;
overloading;
modification;
misuse;
neglect;
impact damage;
abnormal environmental conditions; or
failure to maintain the product appropriately.
23. Warranties
Any manufacturer’s warranty supplied with a product will apply in accordance with its terms.
Unless Tower expressly provides an additional written warranty, no additional voluntary warranty is given beyond rights and remedies imposed by applicable law.
A warranty does not cover ordinary wear and tear or damage resulting from misuse, incorrect installation, modification, neglect, accidents or use contrary to supplied instructions unless applicable law requires otherwise.
24. Custom and Customer-Specific Products
Custom products include custom signage, printed products, manufactured-to-order goods and other goods produced specifically for a customer.
The customer is responsible for checking and approving all relevant details before production, including:
wording;
spelling;
dimensions;
colours;
quantities;
logos;
artwork; and
layout.
Once the customer approves artwork or specifications, Tower may commence production.
Custom products cannot be returned or cancelled because of change of mind or customer-approved errors, except where required by law.
The customer warrants that it has the right to use any logo, artwork, trade mark, image or other intellectual property supplied to Tower and indemnifies Tower against claims arising from Tower’s authorised use of material supplied by the customer, except to the extent Tower is legally responsible.
25. Special Orders and Imported Goods
Tower may require a deposit or full payment for specially ordered, imported or non-standard goods.
Any deposit requirement and cancellation terms applying to a special order will be disclosed before the order is accepted.
Lead times for imported or specially manufactured goods are estimates unless expressly guaranteed in writing.
Once Tower has committed to procurement or manufacture of customer-specific goods, the order cannot be cancelled without Tower’s agreement, except where required by law.
The customer may be responsible for reasonable costs already committed by Tower in connection with an approved cancellation.
26. Risk
Subject to applicable consumer law:
for goods collected by the customer, risk passes when the goods are handed to the customer or its authorised representative;
for goods delivered by Tower, risk passes when delivery is completed at the agreed location; and
for authorised unattended deliveries, risk passes in accordance with clause 14.
Passing of risk does not necessarily constitute passing of legal ownership where clause 27 applies.
27. Ownership and Retention of Title
Where goods have not been paid for in full, legal ownership of those goods remains with Tower until Tower has received all amounts owing in respect of those goods.
Until ownership passes, the customer must, where reasonably practicable:
keep the goods identifiable as goods supplied by Tower;
not intentionally dispose of or encumber the goods contrary to Tower’s ownership rights; and
take reasonable care of the goods.
Where goods are supplied on credit to a business customer, Tower may require additional credit terms or a security agreement.
Nothing in this clause alone should be treated as a substitute for registration of a security interest where registration under the Personal Property Securities Act 1999 is required or commercially desirable.
28. Limitation of Liability – Business Customers
This clause applies only to the extent permitted by law.
For customers acquiring goods in trade, Tower will not be liable for indirect, consequential or special loss arising from the supply or use of goods, including loss of profit, loss of revenue, loss of production, loss of opportunity, project delay costs or loss of anticipated savings.
To the extent permitted by law, Tower’s aggregate liability arising from a particular supply of goods will not exceed the amount paid or payable to Tower for those goods.
Nothing in these Terms limits liability that cannot lawfully be excluded or limited.
29. Events Outside Tower’s Reasonable Control
Tower will not be liable for delay or failure to perform an obligation to the extent caused by circumstances outside its reasonable control, including:
transport disruption;
supplier or manufacturing delay;
port congestion;
shipping disruption;
natural disaster;
severe weather;
fire;
industrial action;
government action;
epidemic or pandemic;
utility or telecommunications failure; or
other comparable events.
Tower will use reasonable efforts to mitigate the effects of such events.
This clause does not remove statutory rights that cannot legally be excluded.
30. Intellectual Property
Unless otherwise stated, copyright and other intellectual property rights in Tower’s website, original photographs, descriptions, drawings, guides, graphics, branding and other original content remain the property of Tower or the relevant rights holder.
Customers may not reproduce or commercially exploit that content without permission except where permitted by law.
31. Website Availability and Information
Tower may update, modify or remove website content at any time.
Tower does not guarantee uninterrupted access to its website.
Tower will take reasonable care to ensure website information is accurate but may correct genuine errors or omissions when identified.
32. Promotions and Discounts
Unless otherwise stated:
promotions are subject to availability;
promotional discounts cannot be combined with other discounts;
discount codes apply only during their stated validity period;
delivery charges are excluded from discounts unless expressly stated otherwise;
trade, contract or quoted pricing may replace website promotional pricing; and
Tower may withdraw or amend a promotion before an order is accepted.
Nothing in this clause permits Tower to withdraw or alter an offer in a misleading manner or contrary to applicable law.
33. Privacy
Personal information collected in connection with an order will be handled in accordance with Tower’s Privacy Policy and applicable New Zealand privacy law.
34. Entire Agreement – Business Customers
For customers acquiring goods in trade, these Terms together with any applicable quotation, purchase order accepted by Tower, credit agreement and other written terms expressly incorporated into the transaction constitute the agreement relating to that supply.
To the extent permitted by law, the customer acknowledges that it has not relied on representations outside those documents when entering into the transaction.
This clause does not exclude liability where exclusion is prohibited by law.
35. Variation of Terms
Tower may update these Terms from time to time.
The Terms applying to an order are those in effect when that order is accepted unless the parties expressly agree otherwise.
36. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be modified or severed to the minimum extent necessary and the remaining provisions will continue in effect.
37. No Waiver
A failure or delay by Tower to enforce a right under these Terms does not constitute a waiver of that right.
38. Governing Law
These Terms are governed by New Zealand law.
The parties submit to the jurisdiction of the New Zealand courts, subject to any statutory right of a consumer to bring proceedings in another competent forum.