WARDROBE WORKS TERMS AND CONDITIONS OF SALE
A Use of the Website
1. Copyright and Limited Reproduction Notices
The contents of the website are the copyright of Wardrobe Works or our suppliers. No part of the website may be distributed or copied for any commercial purpose and you may not incorporate any part of it in any other work (whether in hard copy, electronic or any other form). No part of the website may be published, copied, transmitted or stored (including in any other website or other electronic form), except that you may print, or download to your hard drive, extracts from the website only for your own use.
2. Disclaimer
The website makes information and material available to you as a service. Use of the website material is at your own risk. We are not responsible for any adverse consequences arising out of the use of information contained on the website. The material provided on the website has not been prepared by taking into account the particular objectives, situation or needs of any individual users. It is a general information service only. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty of accuracy or reliability of information contained on the website to you or any other person.
3. Liability
While reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither we nor any of our employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits).
B Supply of Goods
1. DEFINITIONS
1.1 “Wardrobe Works" shall mean Wardrobe Works NZ Limited trading as Wardrobe Works, or any agents or employees thereof.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person contracting products from Wardrobe Works.
1.3 “Products” shall mean all products, services, materials and advice provided by Wardrobe Works to the Customer including without limitation the manufacture, organisation, supply and installation of wardrobe and storage shelving, sliding doors and all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of products by Wardrobe Works to the Customer.
1.4 “Price” shall mean the cost of the products as agreed between Wardrobe Works and the Customer subject to clause 4 of this contract.
2. ACCEPTANCE
2.1 Please note: Once your order has been confirmed and placed in our System, no further changes can be made to this order. Any Variation or additions will be treated as a separate order and invoiced accordingly.
2.2 Any instructions received by Wardrobe Works from the Customer for the supply of products shall constitute a binding contract and acceptance of the terms and conditions contained herein.
2.3 Where more than one Customer has entered into this agreement the Customers shall be jointly and severally liable for all payments of the Price.
2.4 Upon acceptance of these Terms and Conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Wardrobe Works.
2.5 Cancellation / rescheduling must be done no later than 3 working days prior to scheduled installation date. Late cancellation will incur a fee of $250.
2.6 Where floor packers are required for door tracks, supply of these and carpet restoration where necessary, are the client's responsibility and expense.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Wardrobe Works to collect, retain and use any information about the Customer, or for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any products provided by Wardrobe Works to any other party.
3.2 The Customer authorises Wardrobe Works to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4. PRICE
4.1 Where no price is stated in writing or agreed to orally the products shall be deemed to be sold at the current amount as such products are sold by Wardrobe Works at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the products that is beyond the control of Wardrobe Works between the date of the contract and delivery of the products.
4.3 The deposit of 60% may be required prior to delivery of any Products to the Customer.
4.4 Quoted prices do not include the removal of clothing or fixtures from clients wardrobes.
4.5 Unless specifically stated, installation is not included in the quoted price of goods.
4.6 Our Prices do not include building alterations or additions required for the installation of our product, unless specifically quoted.
4.7 Door prices quoted are based on the purchaser providing a fully finished door opening, plumb, level and square. Door jambs are not included in our price unless specifically quoted.
5. PAYMENT
5.1 Payment for products shall be made in full on or before the 20th day of the month following the date of the invoice for Credit approved Customers.(“the due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.0% per month or part month .
5.3 Any expenses, disbursements and legal costs incurred by Wardrobe Works in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 Without prejudice to Wardrobe Works, Wardrobe Works shall be entitled to cancel all or any part of any supply agreement with the Customer which remains unfilled and all amounts owing to Wardrobe Works shall become immediately payable in the event that:
(a) any money payable to Wardrobe Works becomes overdue of payment, or in Wardrobe Works’s opinion the Customer will be unable to meet its payment obligations as they become due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, liquidator, manager (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
6. QUOTATION
6.1 Where a quotation is given by Wardrobe Works for products:
6.1.1 The quotation shall be valid for three (3) months from the date of issue; and
6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
7. RISK
7.1 The products remain at Wardrobe Works's risk until the products are installed or in the event of delivery, when the products leave Wardrobe Works's premises.
8. AGENCY
8.1 The Customer authorises Wardrobe Works to contract either as principal or agent for the provision of products that are the matter of this contract.
8.2 Where Wardrobe Works enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
9. TITLE
9.1 If the products are ascertained and in a deliverable state, title in the products passes to the Customer when the Customer has made payment for all products supplied by Wardrobe Works.
9.2 Where the Customer has not paid for any products in its possession, property in such products shall remain with Wardrobe Works and:
9.2.1 The products shall be held by the Customer as bailee; and
9.2.2 If the products are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the products shall remain with Wardrobe Works until the Customer has made payment for all products, and where those products are mixed with other property so as to be part of or a constituent of any new products, title to these new products shall deemed to be assigned to Wardrobe Works as security for the full satisfaction by the Customer of the full amount owing between Wardrobe Works and Customer.
9.3 The Customer gives irrevocable authority to Wardrobe Works to enter any premises occupied by the Customer, at any reasonable time, to remove any products not paid for in full by the Customer. Wardrobe Works shall not be liable for costs, damages or expenses or any other losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever.
10. DISPUTES OR DEFECTS
10.1 The Customer shall inspect the Products provided by Wardrobe Works and shall within fourteen (14) days of installation (time being of the essence) notify Wardrobe Works of any alleged defect, damage or failure to comply with the description or quote. The Customer shall give Wardrobe Works an opportunity to inspect the Products supplied within a reasonable time if the Customer believes the Products provided are defective in any way. If the Customer fails to comply with these provisions the Products provided shall be presumed to be free from any defect. For defective, damaged or incorrectly supplied Products, Wardrobe Works’s liability is limited to the replacement of the defective or incorrectly supplied Products.
11 LIABILITY
11.1 The Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Wardrobe Works which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Wardrobe Works, Wardrobe Works’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
11.2 Except as otherwise provided by clause 11.1 Wardrobe Works shall not be liable for:
11.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the Customer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from products provided by Wardrobe Works to the Customer; and
11.2.2 The Customer shall indemnify Wardrobe Works against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Wardrobe Works or otherwise, brought by any person in connection with any matter, act, omission, or error by Wardrobe Works its agents or employees in connection with the products.
12. CONSUMER GUARANTEES ACT
12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires products from Wardrobe Works for the purposes of a business in terms of section 2 and 43 of that Act.
13. MISCELLANEOUS
13.1 Wardrobe Works shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
13.2 Failure by Wardrobe Works to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Wardrobe Works has under this contract.
13.3 In the event of any breach of this contract by Wardrobe Works the remedies of the Customer shall be limited to the damages, which shall not exceed the Price.
13.4 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either Wardrobe Works or the Customer.
13.5 Wardrobe Works may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
13.6 Wardrobe Works reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Wardrobe Works notifies the Customer of such change.