iKitchen Terms of Trade
iKitchen Limited (“Company”)
Any order for goods and /or services accepted by the Company is governed by these terms of trade. No variation or modification or substitution of these terms by the customer and no specification of terms by the customer will apply unless specifically accepted by the Company in writing.
Ikitchen reserves the right to change or modify its specifications or designs at any time without notice and without incurring obligations.
Ikitchen also reserves the right to change or modify specifications at any time without prior notice.
ORDERS, PRICES AND PAYMENT
a) Quotations remain open for acceptance by the customer for 21 days after the date of the Company's quote but the Company may vary the contract price to take account of any increase in materials or other prices between the date of the customer's order and the date of delivery.
b) Requests for changes to a Kitchen or a products design once it has entered production will, if applicable, result in additional charges.
c) Cancellation will be considered by the company once goods have begun production but the refund of any deposit will not include any production costs already incurred or freight.
d) ikitchens Product Specification are subject to change without notice.
e) Installation costs are specified separately. Goods and Services Tax will be charged in addition to any stated price.
f) Delivery charges within North/South Island New Zealand will be calculated and charged as a separate item. Delivery will be by a carrier chosen by the Company and is non-refundable.
g) Payment must be made as follows:
• A DEPOSIT of 50% of the contract price must be paid on acceptance of a quote to initiate production and shall be deemed to be acceptance of our terms.
• THE BALANCE is due before delivery or pick up of any Goods.
• Payment may be made by direct banking, bank deposit or by cheque.
h) Without prejudice to any other rights of action the Company may have for late payment by the customer, the Company may charge interest on a daily basis to the customer at 12% per annum, until the overdue amounts are paid. Interest will accrue after as well as before any judgment, which the Company may obtain against the customer. The customer will also be liable to pay all of the Company's expenses (including legal costs) incurred in attempting to obtain or obtaining a remedy for the customer's failure to comply with these terms. Without prejudice to any other remedies, which the Company might have, failure by the customer to pay any debt due will entitle the Company to cancel any contracts which the Company has with the customer.
RETENTION OF TITLE
a) It is expressly agreed that ownership is reserved and legal and equitable title to and property in all goods supplied or agreed to be supplied by the Company is and remains vested in the Company until payment in full has been received by the Company in respect of such goods and all other moneys owing by the buyer to the Company.
b) The Company is irrevocably entitled at any time and from time to time before sale of any item of goods by the customer, to inspect or to recover and retake possession of such item of goods and otherwise exercise in relation to the goods any of its rights whether those rights are as owner and/or unpaid seller and whether those rights are conferred by common law, contract, statute or in any other way. The Company and its agents are now irrevocably authorized to enter any premises of the customer or any third party. The Company and its agents agree to take all reasonable care in removing the goods fitted or installed in such premises but are not liable for any damage or injury to such premises caused by the removal of the goods.
a) Information on specifications, description, measurements and other data generally relating to the goods contained in advertisements, catalogues, price lists, illustrations or other similar matter submitted to the customer, while given in good faith, must be regarded only as an approximate and a general guide. The customer acknowledges that it must rely upon its own judgment as to the nature, quality and condition of the goods as to its sufficiency for any use or purpose and the customer acknowledges that the Company is under no duty to ascertain the suitability of the goods for any purpose whatsoever.
b) In no circumstances will the Company be liable to the customer, or any other person, whether in contract tort or otherwise, for any loss or damage or injury arising directly or indirectly from services or goods supplied by the Company to the customer. In any case whether the Company is found to be liable to the customer for any reason whatsoever, the extent of the Company's liability will not exceed the contract price. Any warranties or guarantees expressed or implied by law or statute are excluded to the extent that any such law or statute permits exclusion. The customer is not entitled to make any claim against the Company for loss of profit, consequential damage or loss, or for damage to any property or injury to any person arising out of a breach of any term or implied term of this agreement or under any law or guarantee or warranty given by the Company.
ERECTION BY COMPANY & APPROVALS
a) Where the Company erects or installs the goods, the customer must ensure that its use of the goods complies with the law. The customer must ensure that the site is cleared and ready for the erection / or installation of the goods before the Company is asked to start erection / or installation and the site is suitable to safely carry out the erection / or installation of the goods. The customer is liable to the Company for any loss, costs or damages, which the Company may suffer or incur by reason of the customer's failure to carry out the customer's obligations set out in this clause. The customer is responsible for giving any local or other authorities any necessary notice required for the erection of the goods and for obtaining necessary approvals or consents. The customer is responsible for all fees in connection with complying with any requirements of any local or other authority.
DELIVERY AND RISK
a) Any delay in the delivery of goods will not entitle the customer to cancel the contract or to refuse to accept delivery or refuse to make payment. In no circumstances is the Company liable for failure to deliver on time.
b) Irrespective that the title to equipment may not have passed, the risk in goods supplied to the customer by the Company passes to the customer upon delivery of the goods by the Company to a common carrier for transit to the customer or in the event of delivery by the Company's servants, risk will pass on actual delivery to the customer. In the event that the customer collects the goods from the Company, the risk passes immediately to the customer or representative who takes possession of the goods.
c) The buyer shall inspect the Goods on delivery and shall within 7 days notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The buyer shall afford the Company the opportunity to inspect the Goods within a reasonable time following delivery. If the buyer fails to comply with these provisions the Goods shall be deemed to be in accordance with the terms and conditions and free from a defect or damage.
d) If at the Company’s discretion there appears to be a defect or failure with the Goods or failure to comply with the description, then the Company may repair or replace the Goods. If we are unable to replace goods we will offer you the choice of a credit or a refund.
e) The company may consider the return of “standard” goods (i.e. not made to order), if you should “change your mind” but if there are any costs involved in doing so, these will be at your expense.
Should the Company be delayed in supplying any goods due to any cause not reasonably within its control, the Company may cancel or suspend the contract without incurring any liability for any loss or damage suffered by the customer or any other person.
COMPANY'S RIGHT OF CANCELLATION
The Company may cancel this agreement if: the customer does not comply with the provisions of this agreement or any other agreement between the Company and the customer; the customer commits an act of bankruptcy, makes any assignment or composition with its creditors. On the occurrence of any of the above events, the Company may, by notice in writing to the customer, cancel this agreement without prejudice to any claim or claims for money due or any breach of this agreement by the customer before the date of termination.
Where the provisions of the Consumer Guarantees Act 1993 apply, these terms will be read subject to the application of the Act, and in the case of any conflict, the provisions of that Act will apply. Where the customer is a business (as "business" is defined by the Consumer Guarantees Act 1993), it agrees that it is acquiring all goods and services from the Company for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply.