FULL TERMS AND CONDITIONS OF SALE
1. DEFINITIONS:
Customer: the person or entity that orders Goods from
Kitchens for Less.
Factory Inspection means the review of the kitchen cabinetry at
Kitchens for Less’ premises prior to delivery/ installation.
Goods: those Goods ordered by the Customer and supplied
by Kitchens for Less from time to time.
Kitchens for Less: KFLD Limited.
GST: Goods and services tax.
Monies Due: includes the price payable for Goods, delivery
charges, GST, interest and extra packaging charges, if any.
Installation Date: is the date upon which Goods are physically
received by the Customer on site and installed by Kitchens for Less or such
other persons as required by the Customer.
Purchase Price means the price given to the Customer by Kitchens for Less either by way
of written quotation or invoice (where applicable).
2. GENERAL:
(a) Only these
conditions, and terms which cannot be excluded by law, bind Kitchens for
Less. All other conditions, warranties and representations are excluded.
(b) These
conditions can only be varied by Kitchens for Less’ written agreement.
(c) These general conditions of
sale are agreed by the Customer as applying to every sale of Goods by Kitchens
for Less.
3.
PRICE, CHARGES AND TAXES:
(a) All other
delivery charges, GST, and other Government taxes, if any, are payable by the
Customer in addition to the price for Goods unless the Purchase Price
specifically includes those amounts.
(b) Changes to
government taxes, including GST, after Kitchens for Less’ acceptance of an
order that alters Kitchens for Less’ liability for those taxes, is to the
Customer’s account.
(c) Kitchens
for Less may charge interest on daily balances of overdue amounts. The
interest rate shall be equal to the overdraft interest rate charged by Kitchens
for Less’ trading bank, as at the close of business on the date payment became
due (plus GST). Any payment received will be first credited against
interest charges.
(d) The Purchase Price is
inclusive of GST.
4. DELIVERY
AND RISK:
(a) Kitchens
for Less is responsible for the Goods and their delivery until the Goods are fully
installed.
(b) Delivery
dates are estimates only and Kitchens for Less is not liable for any loss or
damage for failure to deliver by those dates.
(c) Kitchens for Less may make
part deliveries of any order and render an invoice to the Customer for the
Goods delivered.
5. INSTALLATION:
(a) Where kitchen walls are not straight or
square to the floor/ceilings we will endeavour to install the kitchen as best
as possible. However no allowance is provided for remedial work required on the
kitchen due to uneven walls or floors.
(b) Minor damage may occur to
decor, plaster and tiling etc during the installation services. Kitchens for
Less will not be responsible for redecorating or making good any damage unless
it is as a result of our negligence rather than an unavoidable consequence of
having the Products fitted.
6. PAYMENTS:
(a) A deposit
payment of 30% of the Purchase Price is required to be paid upon acceptance of
the quotation. Orders will not be placed or quotations confirmed until
the deposit is received.
(b) The
remaining 70 % of the Purchase Price is payable is to be paid prior to
installation or delivery.
This is generally done on inspection of the kitchen in our factory.
7. RETENTION
OF TITLE:
(a) Ownership
in Goods remains with Kitchens for Less until full payment is received for all
Goods sold by Kitchens for Less to the Customer. This condition applies
regardless of whether:
(i)
Goods are supplied under these conditions or any other contract;
(ii) the
indebtedness arises under a written, oral or partly written and oral
contract;
(iii) the
indebtedness is on a current account, trading account or otherwise.
(b) To the extent
permissible by law Kitchens for Less can stop Goods in transit, enter premises
occupied by the Customer, and enter any premises where Goods are held on behalf
of the Customer, and recover Goods the subject of any order if a default in
payment for Goods, or insolvency of the Customer, occurs.
(c) The Customer
hereby indemnifies Kitchens for Less, its officers
employees, agents and contractors for any costs of removal, claims, actions and
causes of action of any kind in respect of the removal of Goods under clause
6(b).
(d) The
affixing of Goods to any part of a building does not have the effect of making
the Goods a fixture and is severable by Kitchens for Less.
(e) If Goods are used in the
manufacture of new objects or otherwise mixed then ownership in the object or
objects in question automatically passes to Kitchens for Less as surety for
full payment of any monies due.
8. PERSONAL
PROPERTIES SECURITIES ACT 1999 (“PPSA”):
(a) For the
purposes of the PPSA the Customer acknowledges that these terms and conditions
may constitute a security agreement in respect of all Goods supplied to the
Customer, and it is only with the acknowledgment and acceptance of these terms
and conditions that an order for Goods will be accepted.
(b) Should
Kitchens for Less register a financing statement under the PPSA in respect of
any Goods, the Customer waives any right to receive a copy of any verification
statement confirming registration of a financing statement or a financing
change statement.
(c) The
Customer hereby agrees that any rights contained in section 107(2) of the PPSA
shall not apply to the Customer.
(d) Pursuant to section
107(1) the Customer agrees that it shall have no rights under, or by reference
to, sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA.
9. SUPPLY
FOR BUSINESS PURPOSES:
Where these terms and conditions
would otherwise be subject to the provisions of the Consumer Guarantees Act
1993 (“CGA”), the Customer agrees that where the Goods are supplied to the
Customer for business purposes in terms of sections 2 and 43 of the CGA and
that the provisions of the CGA do not apply to the supply to the Customer.
10. CANCELLATION
OF ORDER:
(a) In the
event that a Customer cancels an order, the customer shall be liable for any and all loss incurred (whether direct or indirect) by
Kitchens for Less as a direct result ot the cancellation (including, but not
limited to, any loss of profits).
(b) Cancellation of
appliances ordered will incur a 20% restocking fee if the appliances have been
despatched by the supplier.
11. WARRANTY:
(a) Kitchens
for Less warrants the cabinetry against defects arising from faulty workmanship
and/or materials for a period of 10 years from the Installation Date.
(b) The warranty does not
apply to defects or damage which, in Kitchens for Less’ sole opinion have been
caused by neglect, misuse, general wear and tear or poor care of the Goods.
(c) Kitchens for Less will pass
on any manufacturer’s warranties it receives in relation to Goods. This
includes but is not limited to Benchtops, accessories and Appliances
12. LIMITATION:
Kitchens for Less is not be
liable for any special, exemplary, punitive or consequential loss or damage
(including without limitation, loss of profit, loss of opportunity and loss of
goodwill) incurred by the Customer either directly or indirectly in connection
with the supply of Goods.
13. GENERAL:
(a) Kitchens
for Less is not liable for any failure where the failure is due to
circumstances which are not directly within Kitchen for Less’s control,
including acts of terrorism, natural disaster, industrial action, or a failure
of a supplier, public utility or common carrier.
(b) The
Customer agrees to Kitchens for Less obtaining information about the financial
standing and credit worthiness of the Customer (Trade account client only).
(c) The
Customer is liable for any costs in relation to recovery of any amounts owing
to Kitchens for Less or matters arising from these general terms of sale on a
solicitor/client basis.
(d) These
conditions, and the provision of the Goods by Kitchens for Less to the
Customer, shall be governed by the laws of New Zealand.