Bartercard New Zealand Handbook

Welcome to Bartercard New Zealand

Our Handbook is your one stop shop guide for everything you need to know about the Bartercard ecosystem here in New Zealand; Search, Marketplace, Trading Tips, bRewards, Directory Listings and more.

Our Fair Trading Policy is an important part of our culture. Please take the time to understand your obligations and responsibilities under New Zealand law. It’s designed to support our commitment to continually develop our offering to our ecosystem and to ensure our members are looked after through fair trading practices. If you are concerned or experience any member trading unfairly, please do get in touch immediately.

Thank you for being a part of the Bartercard ecosystem. We look forward to working with your business and hope you will benefit greatly from all that’s on offer across the Bartercard Exchange.

How Bartercard works

Bartercard provides a great opportunity to be part of an enormous ecosystem of businesses, introducing you to new customers to help fill your spare capacity whether that’s products or services, with the help of a digital currency called a trade dollar.

Simply put, the Bartercard concept allows you to pay for products and services between members instead of paying in cash, you can then use these trade dollars to offset cash expenses within your business. Trade dollars are a well-recognised and accepted method of payment in New Zealand. One trade dollar is equivalent to one New Zealand dollar for all accounting and taxation purposes.

Assuming your current cash business is already covering your fixed overheads (i.e., rent and wages), and you have the capacity to take on new customers, the only cost to

“

As a business owner of multiple businesses and an accountant by trade, [Bartercard] has provided us with extra income when needed as well as exposure. Every business has spare capacity from time to time.

DOYLE TRINH, BEST TAX LTD, AUCKLAND

you in supplying a Bartercard member is your product replacement/variable cost. In effect, each time a purchase is made between Bartercard members, they receive a discount equal to Gross Profit Margin (GPM). Each time you spend with trade dollars it will come back to you in the form of new customers from another Bartercard member, who are motivated to utilise your goods and services because they’re paying with their GPM, saving them cash every time they spend.

The new customers generated by Bartercard will be in addition to your existing cash business, therefore not interfering with your existing business model. You choose how much Bartercard trade you can accept into your business. Bartercard is not designed to replace your cash-paying customers.

Promoting your business to the Bartercard ecosystem

Through using the online directory in Marketplace and Bartercard Search, your customers can shop with confidence, based on your directory listings.

Bartercard members must provide all products and services in their listing fully payable with 100% trade dollars and at the same rate as a cash customer would pay. If you are unable to sell certain products and services at particular times, these should be specified in your listing. For example: Queenstown accommodation, limited bookings over Christmas and New Year.

OPEN LISTING

» Full contact details i.e. address, phone number, email, website and contact person if applicable.

CONTACT BROKERAGE

» A Bartercard branch will be the contact for this listing

» All enquiries must go through their Bartercard branch

» This listing type can work well for businesses who have varying capacity and not always available to take sales. Bartercard

RESTAURANT / CAF É LISTING

To support our restaurants and cafés we have additional directory listing options for this industry. This will assist you as a customer with making a restaurant or café booking.

The graphic displayed below indicates when a restaurant or café is available to take your Bartercard booking. This will help you to identify the best time to make a reservation at the restaurant or café of your choice.

Regardless of the listing option - at the time of booking you must make it clear that you wish to pay using your Bartercard.

The grey shading on the days of the week indicates when a restaurant or café may not have availability to accept a Bartercard booking.

L = Lunch D = Dinner

UNDERSTANDING THE LISTING GRAPHICS

Open Listing

Bookings welcome at all times.

Peak Days - Managed Listing

Limited availability on Friday and Saturdays.

Peak Days - Managed Listing

Limited availability on Thursday, Friday and Saturdays.

Dinner - Managed Listing

Limited availability for all dinner bookings.

All Bookings - Managed Listing

Making bookings & obtaining quotes

Bartercard Search, the tool all members need. Check it out today and start searching!

» Rate Members highlighting how great a service or product is, giving confidence and peace of mind to all our members

» Switch to “Tourist Guide” mode and receive up to date tourist information for anywhere in the country – places to visit, places to stay and local attractions in the region

» Create your own shortlist of businesses and places to visit, share and recommend them to other members

» Save your searches and create your favorites list so you can refer back to them regularly

» Update your listing online to ensure your business is up-to-date, compliant and meeting the fair trading obligations

» Direct access to your own listings so you can keep your information fresh and your customers well informed.

SEARCH

Making it easy... for you

Search is a simple, quick and easy way of searching for members around you regardless of where you are in New Zealand or our island holiday destinations.

Did you know you can use Search in Rarotonga?

LOGIN GUIDE

Go to: search.bartercard.co.nz

When logging into Bartercard Search you will need to enter your MYBC Username and Password.

If you have a Gift Card, simply visit search.bartercard.co.nz/ tourist

You don't need to log in.

Bartercard Cards

There are five different Bartercard cards based on membership type and an annual qualification level, each has their own features and benefits.

Our Platinum and Black cards are awarded to qualifying businesses at the start of each year based on the previous calendar years’ trading. You must qualify using one of the methods listed and you must requalify each year.

6009 1278 9101 1213

6009 1278 9101 1213 JOHN

Green / White Card

White, Green or Gold cards are issued to new members based on the membership type they join under.

PLEASE NOTE:

All Manual transactions must be authorised. Always ensure that the signature matches the signature on the card.

If your Bartercard card is lost, stolen or damaged please notify us on 0800 650 055 or email us at cards@bartercard.co.nz Gift Card

6009 1264 0000 0000

Gift Cards

Ideal for one off staff incentives, gifts or bonuses for nonBartercard members. Gift Cards can be purchased for amounts between T$100 and T$1,000 and are valid for 18 months.

To order, download the form from our website under 'Resources'.

Gift Cards can be used within 24 hours of submitting the order to Bartercard.

Gift Cards can be used on search.bartercard.co.nz/tourist.

PLEASE NOTE:

Gift Cards expire on the date shown on the front of the card. If there is a balance remaining once expired, a new card can be issued for a T$5 fee which will deducted from the balance of funds. If a Gift Card is lost/stolen or damaged, Bartercard must be notified immediately to have the card cancelled. A new card can be issued for a T$5 fee which will be deducted from the balance of funds.

Criteria

Gold Card Platinum Card Black Card

Our Gold Card membership is available for those members who have traded more than T$50,000 in the previous calendar year. Once a member has been with us for five years, they will automatically qualify for a Gold Card.

» Traded more than T$50,000 in the previous calendar year (annual qualification)

» An active member for over five years

» Maintain a good standing within the Bartercard ecosystem while trading fairly

» Fee payments for all Bartercard accounts must be paid on time (minimum 10 out of the past 12 months)

» Have a current business offering goods or services into the Exchange

» No unresolved conduct related to fair trading complaints.

Features and Benefits

The Platinum Card is presented to members who have traded more than T$100,000 in the previous calendar year. A member can also qualify with six or more successful bRewards referrals in the previous calendar year.

» All criteria under Gold Card except annual qualification criteria is relevant for Platinum

» Traded more than T$100,000 in the previous calendar year (annual qualification)

» A minimum of six successful bRewards referrals in the previous calendar year.

» Platinum Cards are issued each January based on results up to, and including the previous December

» A business must qualify each year to retain their Platinum Card status

» Qualifying criteria is reviewed yearly by Bartercard New Zealand, and the card status assessed and adjusted accordingly.

The Black Card is our top tier card presented to members to reward top levels trading and promotion of the Bartercard ecosystem. They will have traded more than T$200,000 in the previous calendar year. A member can also qualify with 12 or more successful bRewards referrals in the previous calendar year.

» All criteria under Gold Card except annual qualification criteria is relevant for Black

» Traded more than T$200,000 in the previous calendar year (annual qualification)

» A minimum of 12 successful bRewards referrals in the previous calendar year.

» Minimum advance on trade dollar sales (group of accounts) T$10,000 –T$30,000*

» Exclusive invitations to Bartercard events

» Invites to our Bartercard Top Trader functions

» Managed by a specially selected Account Specialist

» Advanced notice of new members joining in your region

» Complimentary Trade Show stand every year.

*Subject to credit criteria

Account Types

Staff Accounts

Want to pay your employees trade dollars? Spending is simple with a Staff Account.

A Staff Account allows your staff to spend with any Bartercard member nationwide and gives them full access to Bartercard Search and the online services. Staff Accounts are perfect when you want to load funds on a card on more than one occasion.

A Staff Account is an ideal opportunity for business owners who want to divide up personal and business spending, and are also great for staff incentives and bonus payments.

To apply, download the form from our website under 'Resources'

Expense Accounts

An Expense Account is linked to your main business account and allows you to set a monthly spending limit on a separate account. At the end of each month the balance on the Expense Account is automatically cleared by debiting your main account. This makes it ideal for the likes of sales reps and accounts teams.

To apply, download the form from our website under ‘Resources’.

Please note: The advance on trade dollar sales issued on an Expense Account is subject to credit approval and may require the adjustment of the main account limit.

Additional Cardholder

An Additional Card is a card on the main parent account. This allows the cardholder access to all of the funds for the business, enabling them to make purchases and accept sales.

The cardholder has full access to Bartercard Search and the online services.

To apply for an additional cardholder on the account, download the form from our website under ‘Resources’.

Automatic Payments

An automatic payment for the same amount can be setup and processed either weekly, fortnightly or monthly between two members.

Download the form from our website under 'Resources'.

Transaction Methods

ONLINE

Transactions online via MYBC allows you to pay another member, or process a sales with a click of a button. You can also earn and redeem bPoints as part of bRewards via MYBC.

For assistance contact us 0508 BC ONLINE (226 654)

MOBILE

Transact using your smart phone or tablet with the Bartercard App or Marketplace. You can pay another member or process a sale instantly.

For assistance contact us 0508 BC ONLINE (226 654)

VOUCHER

Transaction vouchers are available in the event that you cannot process these electronically or online.

ALL MANUAL TRANSACTIONS MUST BE AUTHORISED 0800 650 055

EFTPOS

Process a sale with a swipe of a card by integrating Bartercard into your existing EFTPOS machine.

For assistance contact us 0800 650 055

INTERNET BANKING

Make sure you list the last eight digits of your account number to ensure your payment is allocated correctly.

Bank account number: 12-3107-0085220-00

Bartercard App

VIEW YOUR AVAILABLE BALANCE

PAY ANOTHER MEMBER

PROCESS A SALE

FIND A MEMBER

GO SHOPPING

SEARCH THE DIRECTORY

Along with Marketplace, the Bartercard App allows you to process payments and sales from your mobile with ease.

1

2

Download from your preferred app store, search for 'Bartercard'

Login to the app using your Marketplace username and password*

*If you are unsure of what this is, contact the ONLINE team 0508 BC ONLINE

Bartercard Bank Feeds

Get bank account transactions from Bartercard sent into your accounting system every month.

You can get bank account transactions from Bartercard sent to Xero every month. It’s easy to apply for direct feeds.

To add a bank or credit card account, visit the Xero Business Help Centre

MYOB BankLink automates and streamlines the accounting process for small business clients’ transaction data through to accounting practices. Loading accounts onto the BankLink service is easy, to get started simply head to MYOB BankLink Bank Feeds

Check out more information on our website.

Our exclusive bRewards program is designed by members, for members. It’s been created to reward your business, your family, and you.

How do I earn?

Your bRewards program is designed to offer a variety of ways for you to earn valuable bPoints.

Grow your network with businesses YOU want to deal with and bRewarded at the same time through providing a Lead, Introduction or Induction.

1. Provide a Lead and earn 1,500 bPoints*. Provide the details of your nominated business, let them know you have nominated them and that we will be in touch, and then let us do the rest.

2. Provide an Introduction and earn 2,500 bPoints*. Lend a hand to link your Business Development Manager with your nominated business and bRewarded. You set the appointment for the three parties; we'll buy the coffee. Haven't got time? Choose the introduction by email option and we can all e-meet to get things started.

3. Induct a fellow business owner and earn 5,000 bPoints*. If you’ve already discussed Bartercard with your nominated business and they’re keen to get started, just confirm their details and we will send them a short video and application form with a very special offer. They can apply online within minutes. You then earn the ultimate reward!

*Subject to Terms and Conditions

What can I redeem my points for?

There is a wide range of travel and lifestyle options to choose from with new exclusive offers being added on a regular basis, giving you even MORE reasons to earn your bPoints. You can also redeem and offset your bPoints against your cash service fees!

How do I get started?

Just head to My Rewards on MYBC (YOU MUST BE REGISTERED ON MYBC), go to the EARN page and choose your introduction option. The more you help us to talk to your contact, the more you can earn.

This is the most exciting program ever designed for Bartercard members and it’s a true reflection of a business ecosystem growing, earning and enjoying success... together.

bRewards - rewarding your business, your family and…YOU!

Bartercard Online Services

Why not trade online and join the thousands of other members who are benefitting from Bartercard’s one stop shop! It’s the simple way of promoting your services and products to the right members at the right time while searching for other members. While online, you also can check your account balance, view live statements, access the international online directory and the travel and property websites.

Sell & Promote

Your products and services online with Bartercard

List your product or service on MYBC and let Marketplace do all the work for you and ensure that your product/service gets to the right member at the right time.

Selling on MYBC gives you a great way to advertise your products or services to Bartercard members in four easy steps:

1. Click ‘Sell’ to add a listing

2. Select the type of listing, choose your category and follow the prompts

3. Type in a detailed description of the product or service you are listing online

4. Upload up to four images for your listing. Review the listing details and select ‘publish listing’.

Marketplace will put your product straight to market over email and online to the right customers.

Visit mybc.bartercard.com today and DO IT ONLINE!

Our friendly online team is always happy to help!

If you have any questions or would like some advice on listing product, logins or updating your directory listing CALL US 0508 BC ONLINE (226 654)

Find & Buy

The products and services you n eed online with Bartercard

Out and about? Why not jump on Bartercard Search – an easy way for you to find other members and buy when you’re out and about. It’s quick, simple and easy to use and you can even rate other members!

search.bartercard.co.nz

You can browse and buy on MYBC and Bartercard Marketplace.

Our regular weekly newsletters showcase hot product and you can browse all available listings on Marketplace directly.

marketplace.bartercard.co.nz

Your trading ecosystem

Browse products and services all in one place with more being added daily marketplace.

Benefits

• Provides a platform designed to bring a better trading experience to our ecosystem through greater personalisation and targeting

• Gives our members a single portal to access all Bartercard services including Search and MYBC in just one place

• Delivers a streamlined process for receiving promotions across the ecosystem

• Empowers members to load their own promotions and effectively market to the rest of the ecosystem

bartercardtravel.co.nz

0800 228 722

Let the Travel Team help you make the most from your next getaway.

Our Travel Team offer all Bartercard New Zealand members FREE travel advice for both business and pleasure, specialising in Pacific Island holiday destinations.

The Travel Team can assist with:

• Business & leisure travel

• Rental car bookings

• Conference & meeting assistance

• Group travel bookings

• Incentive packages

• New Zealand & Pacific Islands

• Accommodation – from budget to luxury

• Tours, sightseeing & adventure tours

• Pacific Island getaway packages

• Airport transfers

• Restaurant & cafés

• Tourist activities

Contact the Travel Team on:

0800 228 722 or email travel@bartercard.co.nz

On the move? Check out Bartercard Search and switch to Tourist Guide, where you can view all tourism related products and services within that area. search.bartercard.co.nz/ tourist

Bartercard Opportunities

We accept transactions for certain large-value assets may not be possible at 100% Bartercard. In these situations, Bartercard may specifically approve selling items on a part cash/part trade basis. Examples could be the sale of cars, boats, planes, and helicopters.

As per our Fair Trading Rules, we will accept a minimum of T$10K or 50% in trade dollars, whichever is higher, for assets valued between $10K and $499K. For assets valued at $500K and over, we will accept a minimum of 25% in trade dollars (*excluding property).

EXAMPLE ONE:

A car selling for $14K would include a minimum of T$10K.

EXAMPLE TWO:

A car selling for $25K would include a minimum of T$12,500.

EXAMPLE THREE:

A boat selling for $500K would include a minimum of T$125K.

*Excluding property, which includes but is not limited to residential and commercial property, house and land packages, sections, and businesses for sale.

To discuss or list your product under Bartercard Opportunities, email online@bartercard.co.nz or call the Online team on 0508 226 654.

How To View Your Statement

You can view and access your account information at any time on MYBC. You will receive an email when your monthly statement is ready for you to download.

Call our friendly Trade Accounts team on:

0800 650 055 OR 09 414 6833 if you need help to read your statement.

You can print your statement by clicking on the icons right

Proud Alliances

New Zealand clubs and associations rely on cash from membership sales, sponsorhips, and fundraising to survive. There are challenges that all clubs and associations face when implementing a strategy that allows an increase in revenue and reduction in fixed expenses so more money can be invested into the club.

Bartercard is proud to partner with organisations across a wide variety of sporting, community, and business groups to help save them cash and sell unused assets.

We aim to raise awareness of those we are sponsoring through the Bartercard brand, offset cash expenses, and maximise cash flow. We can assist with offsetting costs by tapping into the Bartercard ecosystem. Organisations also use Bartercard to sell sponsorship packages and tickets. With the trade dollars they've generated, they'vre saving cash by offsetting some of their expenses using Bartercard for costs associated with functions, raffle prizes, merchandise and the equipment needed to run successfully.

“

Bartercard has a long-standing relationship with the Waikato Chiefs. Bartercard has allowed our organisation to approve capital expenditure projects based on a portion of that expense being on trade. We primarily use our trade dollars for accommodation when the team is touring, team manager expenses, functions and events, sponsorship events, operating expenses, and some capital expenditures. Bartercard has really helped us to preserve cash where we've needed to, and it's a great support network for other charities and organisations looking for sponsorship.

- KATE SHIRTCLIFF, GALLAGHER CHIEFS

These are just some of the organisations we're proud to support.

Fair Trading under New Zealand law

These pages have been designed to help you understand New Zealand law for the sale of goods and services. This includes examples and how the law applies to trading within the Bartercard Exchange.

To comply with the Fair Trading Act (FTA), members must not engage in ‘unfair practices’. To assist in defining what is fair, Bartercard New Zealand has issued this guide which takes into account the FTA and the rules of the Bartercard Exchange that members agree to when they join Bartercard.

Transactions are to be 100% in Bartercard trade dollars (100% Trade) and charged at the same rate as a cash customer would be charged for the same service on the same day. This applies to sales that would be typical in the ordinary course of your business.

Example:

A mechanic will service a range of vehicles in their workshop, however they may outsource work for European cars or major engine rebuilds and services that are outside of the standard service offering. In terms of fair trading, the mechanic would therefore be required to provide all their standard services on 100% Trade.

Bartercard members must provide all services in their directory listing fully payable with 100% Trade. If members fail to honour their directory listings they could be prosecuted for bait advertising under section 19 of the FTA.

A directory listing that is vague or unclear as to what services are available on Bartercard could also be considered as a form of bait advertising. Refer to the FTA section of this handbook. The work that is outsourced (that falls outside of their standard service offering) may therefore not be available on Bartercard.

We accept that in certain industries it is not obvious as to what the normal cash price is.

The following are examples to assist members in avoiding unfair practices.

Accommodation

The price on your own website on the day of the booking is the price that will be charged, or if it is a telephone booking, the same price that would be offered to a cash paying customer. This means that a typical ‘rack rate’ cannot be used as a basis for Bartercard pricing.

Fair practice for accommodation providers:

» Reduced pricing on a third party or discount site is not applicable on Bartercard

» 100% Trade pricing.

(E.g. No cash for parking unless this is clearly a third party e.g. Wilson’s Parking Building)

» Clear directory listing of when accommodation is available i.e. if a member has a known unavailability during peak times.

DIRECTORY LISTING EXAMPLE:

Stylishly furnished studio, 1 & 2 bedroom apartments situated in the heart of the city. All bookings are subject to availability. No bookings accepted during special events & festivals.

Mechanical

» As with all industries this should be set out in the member’s directory listing

» 100% Trade on servicing, brakes, cambelts and transmission servicing

» 100% Trade for sundry items like oil, filter, wiper blades, fuses, bulbs and lubricants.

DIRECTORY LISTING EXAMPLE:

WOF, full service on 4 cylinder cars excluding European, brakes & clutch kits supplied and installed, transmission servicing on all 4-6 cylinder vehicles. Larger jobs or full overhauls to be discussed with Bartercard.

Advertising

» All advertising and marketing should be 100% Trade

» Advertising should be sold at your normal selling price. A rack rate that is never charged, cannot be used. It must be aligned with what a cash client would pay

» An advertising promotion cannot be a form of bait advertising to win cash contract through other channels

» Websites and website hosting are to be payable 100% Trade

» SEO services are to be 100% Trade.

Professional services

» Full Trade for all services

» Disbursements are acceptable in cash e.g. Land title office fees.

DIRECTORY LISTING EXAMPLE:

Quality accounting and taxation services at a reasonable price from a small practice. Specialising in Xero, making your accounts easy. Free initial consultation.

Hospitality & Restaurants

» 100% Trade for meals and drinks

» Group / large bookings by arrangement

» Bookings as per the directory listing availability.

DIRECTORY LISTING EXAMPLE:

A warm welcoming atmosphere and interesting menu awaits you. Open breakfast, lunch & dinner. Families welcome. Bookings are essential, please call first. Winter hours: Tuesday to Saturday.

Fair Trading under New Zealand law

Retail

» Goods/Services should be sold at your normal selling price. A rack rate that is never charged, cannot be used. It must be aligned with what a cash client would pay

» Any ‘special’ price that continues for longer than a short duration of the sale will become the regular or usual selling price

» A business cannot set an artificially high price knowing this would lead to little or no sales. They can’t then offer the product at a ‘discounted’ price. This may mislead the customers into thinking it’s a fair price

» You cannot mislead a client with an advertised price, and then charge a different price upon completion of sales e.g. Checkout and payment, quoting and payment.

DIRECTORY LISTING EXAMPLE:

Knee high socks. Made in NZ with Merino wool, help cold feet and legs stay warm. For babies, kids and adults alike. Not for wholesale sales.

Open and sales days

Sales days - Sale implies that products are ‘on sale’ and the consumer will be getting a discount that otherwise would not be available.

Open day - Product is available but doesn’t imply that stock is discounted. The majority of the store/stock must be available on Bartercard - Products not available must be clearly stated - e.g. ‘GoPro’s not available’ or ‘excludes items already reduced’.

Refer to page 34 for more tips.

Pricing

» There can’t be two different prices

» Prices must be consistent with what someone else would actually pay on the day, e.g. if you advertise a price on your website and it is not a genuine mistake then you are legally obligated to provide the product/service at this price

» Members who are running specials or promotions should clearly state any exclusions that may apply e.g. GoPro or Apple products not available

If you cannot supply a product or service, do not advertise it.

» Don’t compare your product and price to that at another company unless they are identical. Comparing similar but not identical products may mislead customers.

Trades

» Labour – 100% payable on Trade

» You must give the customer the opportunity to source products that you do not stock on Bartercard

» Sundry items and small value items –glues, washers, lightbulbs, cables, what is carried in the vehicle at all times must be 100% payable on Trade

» Merchants must have the ability to do 100% Bartercard jobs – e.g. a carpet supplier that will only lay his carpet but won’t do the supply on Bartercard is not acceptable

» Jobs with a value of more than $10K refer to the large value transactions section.

DIRECTORY LISTING EXAMPLE:

Contact us for all your residential interior & exterior painting & decorating requirements, including wallpapering, spray-painting & plastering within Auckland & Hamilton. Contact Bartercard for larger jobs & commercial work.

Master electricians, industrial, communities, domestic installation + repairs. Testing + tagging, appliance repairs. Security lighting, heatpumps, ventilations, heat transfer systems. Underfloor heating, 24hr service.

Directory listings must be specific to what you can do – e.g. do not include full house builds if you cannot do these on 100% Trade.

Vehicle sales

For vehicle sales, the first T$10K is payable on Trade or 50% whichever is greater. Refer to the large value transactions section below.

If a car yard wishes to sell a vehicle that fits within the rules these will be all listed via the property website and promotions can be sent directing potential buyers to the website to view, 100% Trade vehicles can still be sold via MYBC.

All cars from licensed dealers must be ‘yard ready’ and of the same selling price in cash at the economy.

Large value transactions

We accept transactions for certain large-value assets may not be possible at 100% Bartercard. In these situations, Bartercard may specifically approve selling items on a part cash/part trade basis. Examples could be the sale of cars, boats, planes, and helicopters.

As per our Fair Trading Rules, we will accept a minimum of T$10K or 50% in trade dollars, whichever is higher, for assets valued between $10K and $499K. For assets valued at $500K and over, we will accept a minimum of 25% in trade dollars (*excluding property).

EXAMPLE ONE:

A car selling for $14K would include a minimum of T$10K.

EXAMPLE TWO:

A car selling for $25K would include a minimum of T$12,500.

EXAMPLE THREE:

A boat selling for $500K would include a minimum of T$125K.

*Excluding property, which includes but is not limited to residential and commercial property, house and land packages, sections, and businesses for sale.

Fair Trading under New Zealand law

Additional tips to help with fair trading and meeting your legal obligations

There may be times when you may come across another member who does not wish to obey the rules of the exchange. With changes in legislation such as the FTA it is important that you are aware of your rights and obligations.

Tips that can help with any potential unfair traders

Being aware of how to deal with unfair traders will lead to a fairer and more beneficial trade exchange for both you and your fellow members.

Challenge unfair trading issues

As a new customer the best person to challenge any unfair trading issue in the first instance is you. As the purchaser you have the right to challenge the pricing or quote. So if you are uncomfortable with the deal, raise the point and, if still unhappy, withdraw.

Do your homework

Before you look at buying an item do a bit of due diligence and have a quick search of other products to see what the current market price is. If the item you are looking at is grossly overpriced, do not buy it. Advise the selling member that you feel it is overpriced and give a few examples. Notify your Business Development Manager if you cannot obtain a fair price, but remember do not buy the item as then you have accepted the price.

Get a written quote

If you are undertaking a sizable job then ensure you get a quote for this. If the seller is wanting to use a cash portion that falls within the rules make sure this is clearly stated on the quote. If you accept this quote with a quoted cash/trade split then you have accepted this and therefore this cannot be objected at a later date.

Treat all your deals as you would a cash deal

All members are bound by the FTA and governed by the Commerce Commission. Disputes can be escalated to the Disputes Tribunal if required.

See: www.consumerprotection.govt. nz/report-or-resolve-a-problem/ going-to-the-disputes-tribunal/

Disputes

Should you have a dispute with another member, Bartercard is not able to directly assist in resolving the dispute as Bartercard is not a party to the contract. It would also be possible for a court or tribunal to overturn a decision made by Bartercard in such a dispute. We therefore encourage members to have clear expectations prior to entering into agreements and to seek legal advice as required.

Communicate with your Business Development Manager

Bartercard is interested in being made aware of any dealings that you have had that you believe are unfair or unlawful. Bartercard can then decide if the circumstances mean that a member should be removed from the exchange, particularly if it’s a regular occurrence. By holding members accountable, this will assist in maintaining a healthy trade exchange.

NOTE: If you are unsatisfied after you have paid or entered an agreement, then standard commercial practices will prevail. We would recommend you seek legal advice and consider options such as the Disputes Tribunal.

Fair Trading under New Zealand law

Contract for services

Agreement for the provision of services with Bartercard payments

This information is addressing concerns raised by Bartercard members. This involves instances where parties enter agreements for services or goods in which payment will be paid in full or in part with Bartercard trade dollars. Soon after the relationship has begun some members have been told that Bartercard trade dollars would no longer be accepted under the agreement.

We have sought legal advice from our solicitors who have suggested the following steps are taken when contracting between Bartercard members.

1

Parties wishing to use Bartercard should state in the agreement the amount and the fixed term that Trade will be accepted under the contract. This can be done by inserting the following:

>> Terms payment (clause 1): 100% Trade and fixed for a term of X months/years

>> The above should be noted on the front of any agreement between members of Bartercard.

2

To supplement the suggested Terms of Payment (1) we also suggest that the following term is inserted into the Terms of Trade or the Terms and Conditions of the agreement:

>> BARTERCARD Trade dollars Where payments for services or goods provided under this agreement are to be paid with Trade, payments are to be accepted according to the Terms of Payment

>> Payment according to Clause 1 shall be fixed as stated in the Terms of Payment. Neither party shall unilaterally amend the Terms of Payment without agreement in writing by both parties.

Should you wish to enter into an agreement with other members for long term contract we suggest the above are included to ensure that the Terms of the Agreement are clarified as much as possible and seek legal advice.

Other items to consider

Paying a deposit

Paying a deposit will often make an agreement legally binding. The amount can be negotiated and depends on what service is involved. Ensure you get a receipt with the amount paid, the date and the recipient, and be wary if a seller asks for a 100% deposit in advance.

Paying in installments

This generally occurs where ongoing purchases of supplies are needed to finish the job, or it could be the most convenient payment method.

The final payment

This is typically paid once the service has been completed. If you’re asked to pay the full price prior to this, you should seek legal advice.

Information on the Acts in NZ Your rights under the FTA

Fair Trading Act

The FTA applies to what people say and do when promoting and selling goods and services. The Act applies to all sales by professional traders, but not to one-off private trades.

The FTA prohibits misleading and deceptive conduct, false representations and unfair practices by people in trade.

Visit: www.consumeraffairs.govt.nz for examples.

Using someone else’s trade mark in relation to goods not authorised by the trade mark owner can also be in breach of the FTA as well as the Trade Marks Act.

If you believe someone you have traded with is in breach of the FTA, and you are unable to resolve the issue with them directly, then you may wish to make a claim in the Disputes Tribunal or courts. The Commerce Commission also enforces some breaches of the FTA.

The FTA applies to everyone in trade. As well as traders and shops, the Act covers government agencies and state-owned enterprises.

Most of the Act does not cover private sales.

The difference between the FTA and the Consumer Guarantees Act (CGA) is that, in general, the FTA covers claims about products and services prior to sale and the CGA covers the quality of those products and services after they have been bought.

Unfair practices & bait advertising

Unfair practices are selling methods which mislead you. Unfair practices which are illegal under the FTA include bait advertising.

This is when a seller advertises particular goods or services at a particular price, and doesn’t intend supplying or selling reasonable quantities at that price or advertises as goods being payable in Bartercard but then you find when you come to collect the goods that cash is involved or the pricing is different when paying with Bartercard.

Section 19 of the FTA is as follows:

(1) No person shall, in trade, advertise for supply at a specified price goods or services which that person —

(a) does not intend to offer for supply; or does not have reasonable grounds for believing can be supplied by that person — at that price for a period that is, and in quantities that are reasonable, having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(b) Any person who has advertised goods or services for supply at a specified price shall offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

If you’re unhappy with a product or service, first try to sort it out with the merchant concerned, if you can’t make headway, you or anyone else can take criminal action under the FTA.

You can also apply to the High Court for an injunction to stop the Act being breached. The best option especially for small claims is civil action, most often through a Disputes Tribunal.

Disputes Tribunals can hear cases for claims up to $15K or $20K if both parties agree” needs to be amended to “Disputes Tribunals can hear cases for claims up to $30k. You can take claims for specific misrepresentations under the Act such as about the price or quality of goods.

Visit www.consumerprotection.govt.nz/ for more information.

Fair Trading under New Zealand law

The Consumer Guarantees Act (CGA)

The CGA applies to sales by sellers ‘in trade’. It does not normally cover private or one-off sales. All professional sellers (people in trade) should therefore comply with the following guidelines:

» Disclose they are selling in trade (in particular this applies to sales online). Note: selling online includes website sales such as MYBC and Trade Me, smartphone apps, emails, text messaging, social media etc

» Ensure items they are selling are safe, durable and of acceptable quality

» Ensure items they are selling are fit for their intended purpose and any other particular purposes indicated

» Ensure items they are selling match the description given

» Act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund

» Offer a full refund upon the return of goods with any serious problems

» Ensure delivery terms are clear and can be met, e.g. include shipping costs, taxes, fees and estimated delivery times.

Sale of Goods Act (SOGA)

In situations where the CGA does not apply, such as for private one-off sales, then the Sale of Goods Act 1908 (SOGA) will generally apply instead.

The SOGA includes warranties that are comparable to the CGA guarantees, including implied conditions that the seller is entitled to sell the goods and that the item meets the description. If it’s clear that the buyer has relied on the seller’s expertise, then there may be warranties as to the item’s quality or fitness for purpose.

Helpful resources

For any Fair Trading queries, please email fair.trading@bartercard.co.nz

www.consumeraffairs.govt.nz

FAIR TRADING ACT

www.consumerprotection.govt.nz/general-help/ consumer-laws/fair-trading-act/

CONSUMER GUARANTEES ACT

www.consumerprotection.govt.nz/general-help/ consumer-laws/consumer-guarantees-act/

DISCLAIMER: The contents of this section should not be substituted for legal advice. No liability is assumed by the author or the publisher for losses suffered by any person or organisation relying directly on the information above. At all times you should seek legal advice before taking any action.

AML (Anti-Money Laundering)

Bartercard LP is required to comply with the Anti-Money Laundering (AML) and Countering Financing of Terrorism Act 2009. The Act ensures that businesses take appropriate measures to guard against money laundering and terrorism financing and help maintain New Zealand’s international reputation as a safe place in which to do business.

Under this law, Bartercard LP has an obligation to verify various aspects of a member’s identity through conducting customer due diligence on the member, any beneficial owner and any person acting on behalf of that member.

From time to time, we are also required to reconfirm the information held about our current members to ensure it is accurate and up to date. This may include asking members for additional information if their trading activity or business changes over time or we receive requests for an increase in credit line. This helps to protect our ecosystem from financial crime, improve New Zealand’s financial reputation and meet our institutional requirements.

Bartercard LP is also a registered Financial Services Provider under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

Useful Resources

Grow your sales

When selling products or services:

• Bartercard generates new customers for your business. Our Sales Guarantee promises, if, after the first 12 months of joining, you have not received a minimum of T$5,000 in sales through your trade account, Bartercard NZ will credit your account (in trade dollars) with the difference between that amount and your actual sales. Visit our website for Terms and Conditions.

• Manage cash flow by using trade dollars to offset cash expenses.

• Business premium members receive a T$5,000 advance on trade dollar sales which allows members to continue to make purchased even during times when cash flow has slowed.

• Put inventory, equipment, and employees to good use by converting downtime and spare capacity into new revenue without the need to discount.

• Generate new customers through referrals and word-ofmouth marketing.

When buying products or services

• You are assured of secure internet transactions and a rigorous pre-approval process.

• An advance on trade dollar sales* can be utilised, thereby conversing cash and improving the company’s balance sheet.

• Bartercard Business Development Managers act as purchasing agents to the ecosystem sourcing products and services.

• Purchases are funded in trade dollars directly from additional sales generated through Bartercard.

*The level of the advance on trade dollar sales is determined by assessment of the application and information provided.

Bartercard has written several free eBook and Quick Guides, which can all be accessed via 'Resources'.

The 7 Habits of Highly Effective Small Business Owners

Manage your business more effectively, grow a solid customer base and keep your staff happy.

Eight Ways to Attract New Customers

Re-think your approach to attracting new customers and growing your market share.

The Accountants Guide to Bartercard

Confidently advise on how Bartercard can grow your client’s business.

How to Use Bartercard to Grow Your Business

Find ways to get the most out of your business so you can spend more time with family and life outside of work.

Fair Trading Under New Zealand Law

Understand your trading obligations while conducting business within the Bartercard Trade Exchange.

Your Guide to the AML and Countering Financing of Terrorism Act

Understand your obligations as a business owner.

Quick Guides:

Discounting Quick Guide

Build your Brand on Social Media

Successful Networking Tips

Utilise Your Excess Stock

Under 'Resources', you can also download the following Forms:

» Gift cards

» Staff accounts

» Automatic payments

» Expense accounts

Contact us

National Offices - New Zealand

manawatu@bartercard.co.nz

auckland@bartercard.co.nz

AUCKLAND

CHRISTCHURCH

ONLINE

03 341 5150

christchurch@bartercard.co.nz

HAWKES BAY

110 Taradale Road, Onekawa, Napier

06 842 0413

hawkes.bay@bartercard.co.nz

INTERNATIONAL

Building 3, Level 3, 61 Constellation Drive, Mairangi Bay, Auckland

09 414 6854

international@bartercard.co.nz

0508 226 654

online@bartercard.co.nz

OTAGO/SOUTHLAND

03 455 7960

otago@bartercard.co.nz

TAURANGA

07 571 0972

tauranga@bartercard.co.nz

WAIKATO

07 834 3443

waikato@bartercard.co.nz

QUEENSTOWN

03 442 5111

queenstown@bartercard.co.nz

WELLINGTON

04 576 2280

wellington@bartercard.co.nz

Notes