1.1. Goods supplied in accordance with the buyer’s order can only be returned with the express approval of Renoarts.
1.2. Requests to return goods must be submitted within 10 days from date of supply and the original invoice number must be quoted.
1.3. Where goods are accepted for credit they must be delivered at the buyer’s expense into Renoarts’ store from where they were purchased in original condition and packaging.
1.4. Renoarts reserves the right to levy a restocking fee against any returns they may agree to accept. Such fees may be up to 40% of the invoice price and levied at Renoarts absolute discretion.
1.5. Goods specifically imported, procured or manufactured on behalf of the buyer can only be returned on such terms and conditions as Renoarts may agree.
1.6. These standard terms and conditions are the full agreement between the Supplier and the Buyer.
1.7. The Supplier may, and the Buyer may not, vary these standard terms and conditions. To be effective, a variation must be in writing.
1.8. To be effective, any waiver of any or all of these terms and conditions by the Supplier must be in writing.
1.9. The Buyer may not assign all or any of their rights or obligations under the contract without the prior written consent of the Supplier.
1.10. The Supplier is not bound by any error or omission on any invoice, order form or other document or statement issued by the Supplier.
Where the provisions of the Consumer Guarantees Act 1993 apply, those terms will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply. Where the Buyer is a business (as “business” is defined by the Consumer Guarantees Act 1993), it agrees that it is acquiring all goods from the Supplier for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply.
2.1. Unless otherwise agreed in writing, prices for goods or services are as per our rates ruling at the date when you place an order for goods or services. Prices are subject to alteration without notice.
2.2. Quoted prices are the New Zealand dollar price and are valid for the time stated on any quotation, or if no time is stated, on the date of quotation only.
2.3. Unless otherwise stated in writing, all goods will be box shipped and it is your responsibility to assemble, configure and install the goods.
2.4. You agree to pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.
2.5. All installation, service and support work is charged out at Renoarts’ rates ruling at the date the service is supplied.
2.6. Any variation, waiver or cancellation of an order by you shall have no effect unless accepted in writing by Renoarts. If Renoarts accepts a variation, waiver or cancellation then Renoarts may levy you a handling charge of up to 20% of the price of the goods.
3.1. Unless Renoarts agrees in writing to the contrary, payment of the Products supplied shall be effected by the Buyer in advance and before delivery
3.2. The price shall be tendered by the Buyer without deduction of any kind.
3.3. Should the Buyer fail to tender due and punctual payment of the price, Renoarts may in addition to and without prejudice to any other rights and remedies it may have: (a) charge the Buyer interest on any sums overdue for payment at a rate equivalent to Renoarts’ ruling bank overdraft rate plus a margin of 5% per annum (calculated on a daily basis); or (b) Cancel all or any deliveries under that or any contract; and in such event the Buyer is not so released of its obligations to Renoarts under that or any such contract; (c) Terminate all or any contracts with the Buyer, with immediate effect and to claim damages from the Buyer for breach.
3.4. The terms of payment are cash on the 20th day of the month next following that in which the goods covered by an order are dispatched by the Supplier to the Buyer unless otherwise arranged in writing. If the Buyer fails to meet such payment terms interest may be charged by the Supplier at a rate equal to 5 percent per annum over the Supplier’s principal banker’s overdraft rate from time to time on any sum not paid from the date on which payment should have been made pursuant hereto to the date on which payment is received by the Supplier but without prejudice to the Supplier’s other rights in respect of default arising from non-payment or late payment.
3.5. The Buyer agrees to pay or reimburse Renoarts for all reasonable costs and/or expenses incurred by Renoarts in instructing a solicitor and/or debt collection agency to recover any amount overdue for payment.
3.6. Pursuant to the provisions of the Privacy Act 1993, the Buyer authorizes any person, agency or company to provide Renoarts with such information as Renoarts may require at any time in response to your credit enquiries concerning any aspect of this contract and/or trading account. The Buyer authorizes Renoarts to furnish to any third party details of this application being processed by Renoarts and/or any subsequent details concerning Renoarts’ enquiries.
4.1. You are responsible for insurance and risk in the goods from the time they leave our premises
4.2. Renoarts has no responsibility or duty to deliver any Products to the Customer but Renoarts may, at its discretion, elect in writing to arrange delivery to the Customer without liability to Renoarts and at the Customer’s cost and risk in all things;
4.3. Renoarts shall not in any circumstances, be liable for delay or any failure or inability to deliver;
4.4. Products shall in all cases be deemed to be delivered as soon as they are ready for delivery at Renoarts’ premises, which time risk shall be deemed to have passed to the Customer; and
4.5. Where Renoarts arranges delivery of any Products pursuant to clause (4.1.) above, Renoarts may charge the Customer for any frustrated delivery to cover Renoarts reasonable expenses.
4.6. We will make every effort to ensure delivery of goods, or performance of services, is on time but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance.
5.1. Where the Consumer Guarantees Act 1993 applies to the supply of goods or services under these terms of trade, you may have additional rights under that Act.
5.2. Goods are subject to the manufacturers’ warranties only. Renoarts will pass on the benefit of those warranties to you, without itself being directly liable to you under any warranty.
5.3. Any warranty may be voided by unreasonable use, damage or misuse of equipment, problems caused by the misuse of software or faulty software, damage after the goods left Renoarts’ control, negligent installation or operation, inadequate packaging, cleaning or maintenance unauthorized repairs, modifications or the use of hardware, software or consumables not supplied by Renoarts.
5.4. We may refuse warranty assistance if any sum that you owe us for any reason is overdue.
5.5. Where the goods or services that you acquire from Renoarts are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the goods or services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or implied by law will not apply and are excluded from these terms of trade.
5.6. Two year warranty does not cover damage by improper installation, neglect or misuse, improper care and maintenance, water damage and natural causes such as sunlight or excessive humidity. All cabinets are manufactured from water resistant materials but are not waterproof. All care must be taken immediately to dry any spillage of water that may gain entry to the cabinet. Cabinets must not be affixed in by tiles, and cabinets must be installed in such a way that they can be removed if required without disturbing any tiles. Cabinets must be protected from water from baths and showers by protective screens.
6.1. If you acquire any goods or services from Renoarts for re-supply as, or to incorporate or attach any goods or services acquired from Renoarts into, goods or services ordinarily acquired for personal household or domestic use or consumption (“Consumer Products”) you warrant that:
(i). if you supply the Consumer Products directly to an end user/consumer you will do so using terms and conditions of supply which exclude liability for any claims under the Consumer Guarantees Act 1993; and
(ii). if your customer acquires any goods or services for re-supply, your customer and each person in the distribution chain will exclude liability in its contract for supply for any claims under the Consumer Guarantees Act 1993, but in each case only where the end user/consumer acquires the Consumer Products for business purposes.
6.2. You agree to indemnify Renoarts, its suppliers and manufacturers of the goods against any failure by you, your customers or any person in your distribution chain to properly contract out of liability to business end users under the Consumer Guarantees Act 1993.
7.1 Renoarts will not be liable for any losses of any kind or any delay in supplying goods or services which are caused in whole or in part by force majeure including (but not limited to) any act of natural disaster, flood or earthquake, strike, lockout, fire, war, civil commotion, network service failure, inability to obtain goods or supplies including the imposition of any export or import bans, or any other cause beyond its reasonable control. Renoarts shall not be required to settle a strike or lockout or other industrial disturbance against its wishes in order to benefit from this clause.
7.2. Subject to clause 5.1, Renoarts’ liability shall be limited to the value of any defective goods or services supplied, and none of Renoarts, its employees, contractors and agents, any manufacturer(s) or developer of the goods, software or any of their materials or components or any suppliers of services, will be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This limitation of liability includes, but is not limited to, costs (including costs of returning goods to Renoarts or to any manufacturer), loss of data, consequential loss, loss of contracts, loss of profits and damage caused by or arising from delays in manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, and faulty materials or components of the goods.