Carpet Mill Terms And Conditions For Retail Supply Of Products And Services.
These Terms And Conditions Apply To All Goods Or Services Agreed To Be Supplied As From 1 December 2016 ("Application Date").
- Carpet Mill have agreed to supply You with Products and/ or Services.
- Supply of Products or Services by Carpet Mill is subject to the terms and conditions appearing below.
- All documents will be read together however if there is any inconsistency between them, this document will prevail.
- To make it easier to understand the meaning of certain words or expressions used in this document they are defined below. Defined terms are identified by their first letter being in upper case (e.g. "Products").
- "Carpet Mill" means the company or partnership as stated on the invoice who is supplying the products and/ or services.
- "You" and "Your" refer to any customer of Carpet Mill who or which buys Products or Services from Carpet Mill.
- "Products" means goods supplied by or through Carpet Mill to You.
- "Services" refers to any supply by Carpet Mill to You which is not a supply of Products.
- "GST" means Goods and Services Tax, at the rate payable in New Zealand for any supply.
- "Invoice" means a document that sets out the agreed price for Products and/ or Services to be supplied.
- "Proposal" means a document which records an offer by Carpet Mill to supply Products and/ or Services to you.
PROPOSALS AND PRICES:
- Unless otherwise agreed a Proposal must be accepted before the expiry of the 28 days in which it is provided to You. Following acceptance an Invoice will usually be created to record the contract for supply.
- Prices are agreed to for the supply of Products or Services but if Carpet Mill finds something during the preparatory work for example; there is an extra layer of carpet or vinyl underneath the existing flooring that we are removing that was not visible at the time of quoting, Carpet Mill may need to increase the price. Carpet Mill will contact You before any extra work is commenced. If You are unable to pay these extra costs, You must advise Carpet Mill of this immediately before any extra work is commenced. In such event Carpet Mill or You may agree to cancel the order.
- An Invoice will record the contract. When the deposit is paid by You there will be a binding contract for the supply. However a binding contract may also be created by other means such as when You have confirmed an order or paid any part of the agreed price.
COMPLETION AND DELIVERY:
- If you wish to change the completion or delivery date or time Carpet Mill can only agree to do its best to accommodate that change and cannot guarantee to meet your revised requirements.
- Delivered Products supplied to You must be inspected by You on delivery, The outer wrapping must be inspected for damage. If Products are damaged and/or missing You must sign the consignment note accordingly and notify Carpet Mill within 72 hours.
- If you have raised a dispute, Carpet Mill will then investigate the claim and if it then accepts that a Product or Services is faulty or defective, Carpet Mill will repair or replace the defective product or re-perform the defective services in accordance with its obligation under the Consumer Guarantees Act 1993. In considering what action to take Carpet Mill are entitled to take into account any actions You have taken (or failed to take) that may influence these things. If You are in any way in default of your obligations that may be taken into account also.
- Payments for Goods and Services will be made by You at the time/s and manner agreed with Carpet Mill or if not so agreed then payment is required to be made in 2 instalments: 20% of the price including GST as a deposit on acceptance of an Invoice or acceptance of a Proposal (whichever is earlier) and if no time is stated then balance shall be due within seven days of completion.
- At Carpet Mill's sole discretion a deposit amount may be increased to up to 100% of Your proposal or Invoice.
- Carpet Mill reserves the right to change the price in the event of a variation at Your request (E.g. An extra room is added or there is a change in carpet selection). Carpet Mill will contact You and confirm the variation with you.
- If Carpet Mill does not receive payment within the twenty eight days, your unpaid debt may be passed on to our debt collection agency (DCA). The DCA will charge $72.45 including GST, as well as 28.75% including GST interest charges on the outstanding debts. Your account can be paid via internet banking, credit card, eftpos and cheque.
RISK AND OWNERSHIP
- Risk in Products supplied to You passes to you when delivery is completed. From that date You will need to insure them and protect them from damage.
- Ownership in Products will not pass to You until they have been paid for and all other monies due to Carpet Mill by You have also been paid. Until that time You hold them only as a bailee from Carpet Mill.
WARRANTIES AND LIABILITY
- Carpet Mill warrants that any Products sold or Services provided will meet their agreed specifications or brief, however the supply of Products and Services are subject to usual trade tolerances. Carpet and underlay will have a tolerance of +/- 10% (in respect of weight, dimension, colour or other measures of quality or performance). Like other fabrics, carpets will vary in colour and/or texture from dye-lot to dye-lot and from the supplied sample.
- You warrant that all information You supply to Carpet Mill in connection with any order of Product or brief for the supply of Services is up to date and accurate and recognise that the ability of Carpet Mill to meet its obligations is dependent on that.
- As a New Zealand manufacturer and retailer, we endorse and recognise all rights of the consumer under the Consumer Guarantees Act 1993 (the "CGA") and nothing in these terms and conditions is intended to limit or restrict your rights under the CGA.
- Carpet Mill warrants that any products sold to You should provide satisfactory wear for the number of years stated on your provided sample or on our website. Refer to our full warranty on our website.
- Join plans are not provided as standard practice but are available on request prior to Your product being cut. Carpet Mill will take the upmost care of placing joins in correct places whist trying to reduce the amount of carpet used. Carpet Mill refer to AS/NZS 2455.1:2007 as a guideline for join placement.
- Quantities provided on quotations include allowance for wasteage in case extra is required.
- Special conditions may be agreed for the supply of certain Products or Services. Such special conditions will prevail if there is any inconsistency with these terms and conditions.