TERMS OF TRADE
These terms apply to all quotations and order confirmations for goods and services purchased from CUSTOM HOME PRODUCTS Ltd (The Supplier) by any person or entity (The Customer) and supersede any previous terms of trade
1.1 Unless otherwise agreed in writing by both parties, these terms of trade will apply to any goods and services supplied by the Supplier and to any financial transactions between the parties.
2) Accessing our Site
2.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. We will not be liable if for any reason our site is unavailable at any time or for any period. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
3) Intellectual Property Rights
3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, unless otherwise stated. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. But you must not use any part of the materials on our site for commercial purposes without our consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
3.3 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.1 Quotations are provided subject to the Supplier’s payment terms. See 11) below.
4.2 Quotations are provisional only and all measurements and installation costs are subject to confirmation by a complete site measure and inspection once the order is confirmed. Any variations to the quotation as a result of the full site measure and inspection will be advised to the Customer prior to commitment of expenditure.
4.3 Quotations are valid for two months from the date of issuance.
4.4 Acceptance of the quotation constitutes an offer, acceptance of which constitutes agreement to purchase goods and services on these terms of trade.
4.5 Notwithstanding the above, the Supplier may also require a written order confirmation before proceeding, to which these terms of trade apply.
5.1 Delivery costs are not included in any quotation unless specifically noted.
5.2 Delivery of goods is deemed to have occurred at the time the Customer takes possession at the Supplier’s premises or when delivered to site. Risk in the goods passes to the Customer at that point.
6.1 The Supplier is not responsible for securing building consents, inspections or any documentation required by third parties for any goods supplied.
7.1 The Supplier complies with the Consumer Guarantees Act 1993 and any additional product guarantees provided by suppliers of components to the Supplier or as specified in the quotation.
7.2 The Supplier warrants that the goods supplied will be to the specification on the quotation or as amended and agreed by the Customer on the Supplier’s order confirmation. The Suppliers liability is limited to supplying goods as specified, and no claims can be made for consequential loss or other costs incurred by the Customer.
7.3 The Customer accepts that there may be variations, within industry standards, between the goods and the samples and color indications shown to the Customer.
7.4 The Supplier is not responsible for damage to or failure to maintain the goods by the Customer or third parties.
7.5 In business to business transactions the Consumer Guarantees Act 1993 will not apply.
7.6 The supplier warrants that it will use reasonable care and skill in the performance of any work performed pursuant to the supply The customer agrees that any claims made in respect of such workmanship will be lodged with the supplier within three months of the date of such work or will be regarded as invalid.
8.1 The Customer undertakes to ensure that the Supplier can deliver the goods safely on the site.
8.2 If the Supplier directly employs or contracts the installer of the goods, the Supplier reserves the right to refuse to install the goods if a safe site, as determined by the Supplier, is not provided by the Customer.
9.1 The Supplier will endeavor to deliver the order on the date specified in the quotation or order confirmation but no penalty in any form will apply, if for any reason whatsoever, a specified date is not met.
10.1 If the Customer cancels the order after acceptance of the quotation or order confirmation, the Customer will be responsible for an administration fee together with the full cost of the goods or such parts of the goods for which the Supplier has committed to pay.
11.1 The Supplier will retain full ownership of all goods supplied until such time as the purchase price has been paid for in full.
11.2 Payment is in cash, Cheque, EFTPOS or Direct Credit (Sorry No Credit Cards) at time of the acceptance of the quotation.
11.3 The customer will not attempt to withhold payment or any part thereof by way of set off counterclaim or otherwise in respect of warranty claims which the customer has made or intends to make
11.4 Credit terms may be offered. Please complete the Supplier’s “Application for and terms of credit” form to enable the Supplier to provide you with suitable terms.
11.5 These terms may include but are not limited to the following:
a) Deposit upon ordering with the balance due before the date specified on the quotation subject to credit checks being agreed and security being obtained.
b) An agreement to create a security interest under the Personal Property Securities Act.
c) Personal guarantees being provided by the Directors or Principals of the Customer.
d) A financing statement being registered by the supplier over the goods.
12.1 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
13) Construction Contracts Act 2002.
13.1 The supplier reserves the right to invoke the Construction Contracts Act 2002 in respect of any supply pursuant to these terms of trade to which the Construction Contracts Act 2002 may apply.
14.1 The Supplier reserves the right to enforce these terms and conditions despite any delay in doing so.