Terms and Conditions
1. GENERAL
1.1. For the purposes of this agreement:
1. “Supplier” shall means Architects Playground Limited and its successors and assigns,
2. “Customer” means the customer or any person acting on behalf of and with the authority of the Customer,
3. “Goods” shall have the same meaning as section 119 of the Contract and Commercial Law Act 2017 and are goods supplied by the Supplier to the Customer (and where the context so permits shall include any supply of Services as defined here under)
4. “Services” shall mean all services supplied by the Supplier to the Customer and include any advice or recommendations (and where the context so permits shall include any supply of goods as defined above).
5. “Price” shall mean the costs of the Goods as agreed between the Customer and the Supplier in this Agreement.
1.2. Any instructions received by the Supplier from the Customer for the supply of Goods shall constitute acceptance of these terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be modified or varied in writing with the written consent of the Supplier.
1.3. While every reasonable effort is made by the Supplier to update details and availability of Goods, it is unavoidable due to unforeseen circumstances and high customer demand that stock may become unavailable from time to time. Orders will be taken on first come first served basis and Customers are advised to place their orders as soon as possible to avoid disappointment. Where orders are received for Goods which are out of stock, the Supplier will make all reasonable efforts to contact the Customer using their contact details provided to advice.
2. RETENTION OF TITLE
2.1. Title to the Goods shall pass to the Customer on payment of the full Price. Pending payment of the full Price;
1. If the Goods are incorporated into other goods such goods shall vest in the Supplier to the value of the Goods
2. The Customer shall hold the Goods as fiduciary agent and bailee for the Supplier;
3. If the Customer sells the Goods to a third party the Customer shall be the agent of the Supplier and shall hold the proceeds of sale as trustee for Suppliers.
2.2. If payment by the Customer is overdue the supplier may enter upon and into the premises or land owned, occupied or used by the Customer or any premises or land as the invitee of the Customer where the Goods are situated at any time to inspect or take possession of the Goods without being responsible for any damage thereby caused.
2.3. The Customer undertakes to indemnify and keep the Supplier indemnified against all liability incurred in connection with or as a result of the supplier exercising its rights under clause 2.2 above.
3. INFORMATION AND PRIVACY ACT
3.1. For the purpose of facilitating the efficient running of the Supplier’s business, the Customer authorizes the Supplier;
1. To collect all information relating to the Customer, that the Supplier may require from any third parties and authorizes those third parties to release that information to the Supplier; and
2. To hold all information given by the customer or any third parties to the Supplier; and
3. To use that information, including giving information to any other person to facilitate collection of debts from the Customer.
3.2. The information will be collected, held and used on the condition that:
3.2.1. It will be held securely at the Supplier’s office; and
3.2.2. It will be accessible to any of the Supplier’s employees and agents who need access to it for the efficient running of the supplier’s business; and
3.2.3. The customer may request access to and correction of it at any time.
4. RISK
4.1. Risk in any Goods supplied to the Customer will pass to the Customer on delivery.
5. DELIVERY AND FREIGHT
5.1. Unless otherwise agreed in writing, the Customer shall be responsible for the costs of and arranging transportation of all Goods. If the Supplier has agreed to deliver the Goods, the Supplier will make every reasonable effort to keep to delivery schedules, but (subject to the Supplier’s obligations under the Consumer Guarantees Act 1993) will take no responsibility for delivery delays beyond its control and the failure of the Supplier to deliver shall not entitle either party to treat this Agreement as repudiated. The Customer agrees to accept delivery as soon as the Goods are able to be delivered. Unless otherwise agreed in writing, point of delivery will be at the Supplier’s premises. The Customer agrees to acknowledge safe delivery of the Goods by signing on the Supplier’s delivery note or such similar document which the Supplier may require.
5.2. Subject to the Supplier’s obligations under the Consumer Guarantees Act 1993, the Supplier shall not be liable for damages or for delay in delivery or for failure to give notice of delay when such delay is due to conditions beyond the Supplier’s reasonable control.
5.3. Delivery fee will be charged and varies between goods and locations. Re-delivery fee will be incurred when a scheduled delivery needs to return to the supplier for any reason not of the Supplier’s making.
5.4. Assembly fee will be charged as per Customer request. Unless otherwise agreed in writing, fee per item and per time applies to Goods that need to be assembled or disassembled.
5.5. Unless otherwise agreed in writing, extra delivery fees apply to a delivery upstairs (apartments/stairs/elevators). The Customer will inform the Supplier when booking delivery, or the Customer agrees to pay the extra delivery fee upon delivery.
6. PRICING
6.1. With respect to quotations, prices will be confirmed in writing at the time of order but otherwise prices are subject to change without notice. Unless otherwise agreed in writing all freight, insurance and delivery charges and assembling or disassembling fees will be additional to any Price quoted.
7. TERMS OF PAYMENT
7.1. Full payment is required at the time of order, unless a deposit and payment terms are confirmed in writing on a quotation or invoice.
7.2. Payment will be by the way of bank transfer.
7.3. The Customer represents and warrants that he/she is over 18 and has the legal capacity to contract in New Zealand.
8. CONSUMER GUARANTEES ACT
8.1. Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 except to the extent permitted by the Act and these terms and conditions are to be modified to the extent necessary to give effect to that intention.
8.2. If the Customer purchases the Goods for the purposes of a business and the Customer is in trade, the provisions of the Consumer Guarantees Act 1993 do not apply.
8.3. The Customer acknowledges that the Supplier has not given any guarantees other than the guarantees under the Consumer Guarantees Act 1993 or any other form of warranties other than those expressly confirmed in writing.
9. WARRANTY
9.1. Subject to the Consumer Guarantees Act 1993, Goods supplied shall be subject to the terms and conditions of the warranties and the guarantees provided by their respective manufacturer’s warranty. The Supplier shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer’s warranty and the provisions of the Consumer Guarantees Act 1993.
9.2. No warranty whatsoever (other than the guarantees applicable under the Consumer Guarantees Act 1993) is given by the manufacturer in respect of any Goods unless specifically stated in writing by the manufacturer.
9.3. Warranty (if any) is only valid when the Goods are used within New Zealand. Goods which were bought for commercial or overseas use are not covered by the warranty.If you are acquiring goods (or services) from AP for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods (or services).
9.4. The Supplier offers at least a one year warranty on all goods.
9.5. During the Warranty Period applicable to a Product, we warrant that the Product will be free from defects in materials and workmanship for a period of 12 months for marble tops and 5 years for cabinetry, We will also cover the installation and rectification work for a 12 month period from purchase date. A claim under this warranty must be notified to us in writing within the applicable Warranty Period.
In the case that we accept a claim under this warranty, we will, at our cost and at our discretion, repair or replace the faulty product or component, or credit the cost of the product or component. If the Product must be removed or replaced, we will also pay the costs of the removal or replacement to a maximum of $200 (including applicable Taxes).
We have no liability for loss or damage caused by the following:
| (a) | wear and tear through normal use; |
| (b) | use other than in a household or domestic environment; |
| (c) | use, cleaning, care and maintenance other than in accordance with instructions; |
| (d) | deliberate or accidental damage, abnormal use, misuse or neglect; |
| (e) | installation other than in accordance with installation instructions and statutory requirements; |
| (f) | where installation was not undertaken by a qualified tradesperson; |
| (g) | surface damage to baths discovered after installation (baths should always be inspected for surface damage before installation); nor |
| (h) | water damage of bathroom cabinets, taking into account that cabinets are manufactured from water-resistant materials but are not waterproof, and that spillage or leakage of water must be immediately dried. |
10. CANCELLATIONS AND REFUNDS
10.1. Subject to the Supplier’s obligations under the Consumer Guarantees Act 1993 (which provides statutory guarantees relating to goods and services supplied to consumers):
1. The Supplier will not permit cancellations or refunds on custom made Goods; and
2. Goods accepted for return must be in a new and saleable condition.
10.2. The Customer is responsible for the careful selection of Goods (e.g. goods fit into the customer’s house).
11. DEFECTS AND RETURNS
You must check Products immediately on delivery to confirm they are correct in type and quantity, and not defective or damaged. You must contact us within 7 days after delivery if you claim that Products are incorrect, missing, defective or damaged.
When you contact us, we will discuss your concerns with you, and:
| (a) | arrange for delivery of Products which were Ordered but missing from a delivery; |
| (b) | advise you in relation to rectification of defects, which may (depending on the nature of the Product and the defect) involve repair or replacement of the Product, and whether repair will take place at your location, require return to us, or occur at another location. |
If, following discussion with us, you need to return a Product to us, you must return the Product in brand-new condition, unused and with original tags and packaging. You must include a written description of the reason for the return. You must bear the cost of returning the Product to us, and we will bear the cost of returning a Product replaced or repaired under warranty to you.
You cannot return non-defective Products or cancel an Order
12. LIABILITY
We exclude all representations and warranties except those stated in clause 8. In particular, we do not represent or warrant that the Products are suitable for your specific requirements.
Neither party is liable to the other, whether in contract, negligence or otherwise, for any consequential or indirect loss arising out of or in connection with this agreement or the Products, including for lost revenue, sales or profits, lost access or productivity, interference with privacy, business interruption, or any special or incidental loss. This exclusion applies even if a party knew or should have known that the other party might suffer loss.
Without limiting this clause, if we are liable to you for any reason, our total aggregate liability to you in respect of the Products is limited to the amounts actually paid by you to us under this agreement in respect of those Products.
13. MISCELLANEOUS
12.1. If any of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.
12.2. All Goods supplied by the Supplier are supplied subject to the laws of New Zealand and the supplier takes no responsibility for changes in the law that affect the Goods supplied.
12.3. Subject to the Consumer Guarantees Act 1993, neither party shall be liable for any default due to any act of God, terrorism, war, strike, lockout, industrial action, flood, storm or any other event beyond the reasonable control of either party.
12.4. Nothing in this Agreement shall impose any direct personal liability whatsoever on the part of the Supplier’s directors, shareholders or employees.
14. Events beyond a party’s control
If a party’s performance of this agreement (other than a payment obligation) is affected or delayed by an event beyond its reasonable control, that party will not be liable to the other party to the extent its performance is affected by the event.
The affected party must promptly notify the other party of the event and must use its reasonable endeavours to mitigate the effects of the event as soon as practicable.
However, if such an event materially affects the supply or delivery of an Order, we may cancel such an Order at any time prior to delivery. In that case, we will refund any payment made by you in respect of that Order, but we will not have any liability to you in respect of our cancellation of the Order.
15. IP RIGHTS AND CONFIDENTIALITY
As between the parties, we own and will continue to own any IP Rights in the Products. No IP Rights in the Products are transferred under this agreement.
16. TERMINATION
A party may terminate this agreement immediately by written notice to the other party if:
(a) the other party is or becomes bankrupt or insolvent, an external administrator is appointed to the other party, or the other party becomes subject to an order for its winding-up or dissolution;
(b) the other party breaches a material term of this agreement, and that breach is incapable of remedy; or
(c) the other party breaches this agreement and the breach is not remedied by that party within 20 Business Days after that party receives from the first party notice of the breach and a demand that it be remedied.
Termination of this agreement does not affect the rights and obligations of the parties which arose before the effective date of termination. In particular, we may invoice, and you must pay, the Price for any Products delivered by us.
17. TAXES AND CUSTOMS CLEARANCE
Unless otherwise stated, the Price and Delivery Charge are expressed inclusive of Taxes.
18. GST
Unless otherwise stated, the Price and Delivery Charges are expressed inclusive of GST.
Our invoices for a supply under this agreement will be valid tax invoices and you must pay us an amount equal to the GST payable on the supply, at the same time as the payment for the supply.