Terms and conditions of trade

Last updated 1 August 2026

1. Interpretation

"We", "us" and "the Supplier" mean Bamboo Panda Limited, a company registered in New Zealand, whose registered office is at 340 Mount Eden Road, Mount Eden, Auckland 1024. "You" and "the Customer" mean the business named on the order or invoice. "Goods" means the products supplied by us to you.

2. Trade supply only

We supply to registered businesses only. You confirm that you are acquiring the Goods for the purposes of a business and that you hold a valid New Zealand Business Number or Australian Business Number. Goods are supplied for resale and not for personal use.

3. Orders and acceptance

Quotations and line sheets are invitations to treat and do not constitute an offer. A contract is formed only when we issue a proforma invoice or order confirmation. We may decline any order at our discretion.

Stock is not reserved against an unpaid proforma for longer than five working days, after which it is released for sale.

4. Prices

All prices are quoted in New Zealand dollars and exclude Goods and Services Tax unless stated otherwise. New Zealand supplies have GST added at the prevailing rate. Supplies exported to Australia are zero-rated for New Zealand GST; Australian GST and duty are the responsibility of the importer.

We give notice before any general price change. Prices on confirmed orders do not change after confirmation.

5. Payment

We accept payment by bank transfer, by Wise, by credit card through Stripe, and by invoice on approved credit terms. Credit card payments carry a surcharge of 2.9% of the invoice total, representing the card processing fee passed on at cost; this is disclosed on the invoice before payment. We do not accept PayPal, cash on delivery or cryptocurrency.

Unless credit terms have been approved in writing, all orders are payable in full before dispatch. Approved credit accounts are payable by the 20th of the month following the date of invoice.

Overdue accounts may be placed on hold and may attract default interest at 2% per month on the outstanding balance, calculated daily, which is equivalent to 24% per annum before compounding. You are liable for all reasonable costs of recovery, including collection agency and legal costs.

Indent and private label orders require a deposit of 30% and 40% respectively at the time the order is placed with the manufacturer. Deposits become non-refundable once production has commenced.

6. Delivery

Delivery timeframes are estimates given in good faith and are not guaranteed. We are not liable for delay caused by carriers, customs, weather or any cause outside our reasonable control.

Risk in the Goods passes to you on delivery to your nominated address or to your nominated carrier, whichever occurs first. Shipments to Australia are supplied on Delivered At Place terms.

7. Title

Title in the Goods does not pass to you until we have received payment in full of all amounts owing on any account. Until title passes you hold the Goods as bailee and must keep them identifiable and separate from your own stock. If payment is overdue you irrevocably authorise us, or our agent, to enter any premises where the Goods are kept, at a reasonable time and without causing damage, to recover them. This clause creates a security interest in the Goods and their proceeds for the purposes of the Personal Property Securities Act 1999, which we may register on the Personal Property Securities Register. You waive your right under section 148 of that Act to receive a copy of any verification statement.

8. Inspection, shortages and faults

You must inspect the Goods against the packing slip within five working days of delivery and notify us in writing of any shortage, damage or incorrect supply within that period, with photographic evidence. Claims made outside that period may not be accepted.

Manufacturing faults are covered for twelve months from the date of invoice. We will credit or replace faulty Goods at our option.

9. Returns

We do not accept returns for change of mind or because a line has not sold. Where we agree in writing to accept a return, the Goods must be unworn, unwashed, in original packaging and returned within sixty days, and a restocking fee of 20% applies. Indent and private label Goods cannot be returned or cancelled once production has commenced except for a manufacturing fault.

10. Intellectual property

All trade marks, designs, imagery and copy supplied by us remain our property. You may use our product imagery and copy to promote the Goods you have purchased from us. You must not alter our trade marks, remove our labels, or represent the Goods as your own manufacture unless supplied under a private label agreement.

11. Liability

The Goods are supplied to you in trade and acquired by you in trade. The parties agree, as permitted by section 43(2) of the Consumer Guarantees Act 1993 and section 5D of the Fair Trading Act 1986, that the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to this supply, and both parties agree that this exclusion is fair and reasonable. Nothing in these terms limits the rights of your own customers, or your obligations to them, under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or Australian Consumer Law.

To the extent permitted by law, our total liability arising from any supply is limited to the invoice value of the Goods in question. We are not liable for indirect or consequential loss, including loss of profit or loss of opportunity.

12. Product information

Fabric compositions, weights and measurements are supplied in good faith and are subject to normal manufacturing tolerance. Colour reproduction on screen is indicative only. We describe our fabrics accurately as bamboo viscose or bamboo lyocell, and you must not describe them to your customers in any way that is misleading under the Fair Trading Act 1986 or Australian Consumer Law.

Where fabric or garments are covered by a third-party certification, that certification is held by the mill or the certifying body and not by us. We will supply the current certificate on request. You must not make a certification claim to your own customers that goes beyond the certificate we have given you, including any claim about the scope, class or expiry of that certificate.

13. Force majeure

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including natural disaster, epidemic, industrial action, shipping disruption, port closure, or government action.

14. Governing law

These terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.

15. Changes

We may amend these terms from time to time. The version in force is the version published on this page at the date your order is confirmed.

Questions about these terms should go to accounts@bamboopanda.co.nz, or write to us at 340 Mount Eden Road, Mount Eden, Auckland 1024, New Zealand.