These Trade-In Terms and Conditions (“Terms”) apply to all trade-in transactions with Parkland Products Ltd (“Parkland”) and are subject to applicable New Zealand law, including the Consumer Guarantees Act 1993 (“CGA”) and the Fair Trading Act 1986 (“FTA”).
1. General
1.1 All trade-in offers are made at the sole discretion of Parkland and may be amended, varied, or withdrawn at any time, subject to the FTA.
1.2 These Terms apply in conjunction with any specific promotional terms advertised by Parkland. In the event of any inconsistency, the promotional terms shall prevail to the extent of that inconsistency.
1.3 Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies available to consumers under the CGA or FTA, except to the extent permitted by law.
2. Eligibility of Trade-In Units
2.1 Trade-in units must be complete vehicles or machines (including, but not limited to, golf carts), unless otherwise agreed in writing by Parkland.
2.2 Trade-in units must be in reasonable working condition, subject to inspection by Parkland.
2.3 Parkland reserves the right to refuse any trade-in unit that does not meet minimum operational, safety, or condition requirements, provided such refusal complies with the FTA.
3. Valuation
3.1 Any trade-in value provided prior to inspection is indicative only and does not constitute a binding offer.
3.2 Final trade-in value will be determined by Parkland following inspection of the unit.
3.3 Parkland will not engage in misleading or deceptive conduct in relation to trade-in valuations, in accordance with the FTA.
4. Trade-In Structure
4.1 Unless otherwise specified, trade-ins are accepted on a one-for-one basis (one trade-in unit per new vehicle or machine purchased).
4.2 Multiple trade-ins may be accepted where multiple new units are purchased, subject to Parkland’s approval.
4.3 Trade-in units must be surrendered at the time of purchase and cannot be applied retrospectively.
5. Application of Trade-In Value
5.1 Trade-in value will be applied as a credit toward the purchase price of new vehicles or machines supplied by Parkland.
5.2 Trade-in value is not redeemable for cash and is non-transferable unless otherwise agreed in writing.
6. Promotional Offers
6.1 Any promotional incentives (including additional discounts) are subject to the terms of the specific promotion.
6.2 Trade-in offers cannot be combined with other offers unless expressly stated.
6.3 All promotions will be conducted in accordance with the FTA.
7. Ownership and Title
7.1 The customer warrants that they have full legal ownership of the trade-in unit and that it is free from any security interests, encumbrances, or third-party claims.
7.2 Ownership and title of the trade-in unit transfer to Parkland upon completion of the transaction and receipt of the agreed consideration.
8. Liability and Consumer Rights
8.1 Nothing in these Terms limits or excludes any consumer guarantees that apply under the CGA.
8.2 Where goods or services are supplied for business purposes, the parties agree that the CGA may be contracted out of to the extent permitted by section 43 of the CGA.
8.3 To the maximum extent permitted by law, Parkland excludes liability for any indirect or consequential loss arising from trade-in transactions.
9. Refunds and Trade-In Transactions
9.1 Except as required under the CGA or any other applicable law, trade-in transactions are final and not subject to cancellation or refund for change of mind.
9.2 Where a remedy is required under the CGA in relation to a new vehicle or machine supplied by Parkland, any refund shall relate to the overall transaction, including the agreed trade-in value.
9.3 In the event of a refund, Parkland is not obliged to return the original trade-in unit and may, at its discretion, refund the agreed trade-in value as part of the total refund.
9.4 The customer acknowledges that ownership of the trade-in unit transfers to Parkland upon completion of the transaction, and the trade-in unit may be sold, dismantled, or otherwise disposed of immediately.
9.5 To the extent permitted by law, any refund provided will not exceed the original purchase price of the new vehicle or machine, inclusive of any trade-in allowance applied.
