NZ CUSTOM TREES
Terms & Conditions of Trade
Thank you for choosing NZ Custom Trees . Please read these terms and conditions prior to placing an order. If at any time you want clarification of any of these terms please do not hesitate to call us on 027 472 0409
1. “NZCT” means NZ Custom Trees, its successors and assigns or any person acting on behalf of and with the authority of NZ Custom Trees.
2. “Customer” means the person/s buying the Goods as specified in any invoice or order.
3. “Goods” means all Goods or Services supplied by NZCT to the Customer at the Customer’s request (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
4. “Price” means the Price payable for the Goods as agreed between NZCT and the Customer in accordance with clause 4 below.
1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order on the website or accepts a quotation by paying a deposit.
2. These terms and conditions may only be amended with NZCT consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and NZCT.
3. Change in Control
1. The Customer shall give NZCT not less than 35days prior written notice of any proposed change of Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice) if it affects the delivery of a purchase. The Customer shall be liable for any loss incurred by NZCT as a result of the Customer’s failure to comply with this clause.
4. Price and Payment
1. At NZCT’s sole discretion the Price will be either:
1. as indicated on the website on the day the customer has placed, and paid for an order. Unpaid orders will not be processed until funds have cleared. Unpaid orders will only be held for 48 hours and after this time cancelled
2. On acceptance of a quote by paying a 50% deposit for goods, Quotes stand for 30days from date of quotation
2. NZCT reserves the right to change the Price but orders placed before the change will be honoured at the price at the time of payment.
3. A 50% deposit is required from the Customer before goods are manufactured and the outstanding amount is required on delivery of the product.
4. Payments are accepted through the website or via bank transfer
5. Unless otherwise stated the Price Excludes GST and a GST charge of 15% will be added to orders.
5. Delivery of Goods - Freight
1. Delivery (“Delivery”) of the Goods is taken to occur at the time that NZCT (or NZCT nominated carrier) delivers the Goods to the Customer’s nominated physical address even if the Customer is not present at the address (unless specified at the time of purchasing. We do not deliver to PO Boxes
2. At NZCT’s sole discretion the cost of delivery is in addition to the Price and will be given at checkout. Unless stated in the quote that delivery is included. Manufacturing of Orders made will begin within 7 working days of deposits being paid manufacturing time is generally 30days and will be dispatched once completed, after dispatch the products will take approximately 35days to be delivered to New Zealand. Please note at Christmas Time our offices will be closed from the 24th December until the second Monday after the New Year (if it is not a public holiday). There will also be a delay in manufacturing time over significant Chinese holidays
3. Any time or date given by NZCT to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and NZCT will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late. At time we may not be aware of a delay so please contact us if you have not received your goods within 45 working days.
4. Delivery of the Goods to a third party nominated by the Customer shall be deemed to be delivery to the Customer for the purposes of this agreement.
1. Risk of damage to or loss of the Goods passes to the Customer on Delivery.
2. If any of the Goods are damaged or destroyed following delivery NZCT is not liable.
1. NZCT and the Customer agree that ownership of the Goods shall not pass until:
1. the Customer has paid NZCT all amounts owing to NZCT; and
2. the Customer has met all of its other obligations to NZCT if any.
2. Receipt by NZCT shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised through the website or via internet banking.
8. Customer’s Disclaimer
1. The Customer hereby disclaims any right to rescind, or cancel any contract with NZCT or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by NZCT and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
1. The Customer shall inspect the Goods on delivery and shall within 48 hours of delivery (time being of the essence) notify NZCT of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall return the items and afford NZCT an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which NZCT has agreed in writing that the Customer is entitled to reject, NZCT’s liability is limited to either (at NZCT’s discretion) replacing the Goods at no extra charge or reimburse the customer for the Goods.
1. Returns will only be accepted provided that:
1. the Customer has complied with the provisions of clause 9.1; and
2. NZCT has agreed in writing to accept the return of the Goods; and
3. the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; and
4. NZCT will not be liable for Goods which have not been stored or used in a proper manner; and
5. the Goods are returned in the condition in which they were delivered and with all packaging material and paperwork in as new condition as is reasonably possible in the circumstances.
11. Warranty and compliance
1. For Goods not manufactured by NZCT, the warranty shall be the current warranty provided by the manufacturer of the Goods. NZCT shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
2. The customer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products they purchase from NZCT.
12. Consumer Guarantees Act 1993
1. If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by NZCT to the Customer.
13. Intellectual Property
1. Where NZCT has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of NZCT.
2. The Customer warrants that all designs, specifications or instructions given to NZCT will not cause NZCT to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify NZCT against any action taken by a third party against NZCT in respect of any such infringement.
3. The Customer agrees that NZCT may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which NZCT has created for the Customer.
14. Default and Consequences of Default
1. Without prejudice to any other remedies NZCT may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions NW may suspend or terminate the supply of Goods to the Customer. NZCT will not be liable to the Customer for any loss or damage the Customer suffers because NZCT has exercised its rights under this clause.
1. NZCT may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice NZCT shall repay to the Customer any money paid by the Customer for the Goods. NZCT shall not be liable for any loss or damage whatsoever arising from such cancellation.
2. In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by NZCT as a direct result of the cancellation (including, but not limited to, any loss of profits).
16. Privacy Act 1993
1. The Customer authorises NZCT or NZCT’s agent to:
1. access, collect, retain and use any information about the Customer;
2. for the purpose of marketing products and services to the Customer.
3. Sell and provide the products on our website
4. Be in contact with the customer about their order or enquiry.
2. The Customer shall have the right to request NZCT for a copy of the information about the Customer retained by NZCT and the right to request NZCT to correct any incorrect information about the Customer held by NZCT.
1. The failure by NZCT to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect NZCT’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
3. NZCT shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense suffered by the Customer arising out of a breach by NZCT of these terms and conditions (alternatively NZCT’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
4. NZCT may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
5. The Customer agrees that NZCT may amend these terms and conditions at any time. If NZCT makes a change to these terms and conditions, then that change will take effect from the date on which NZCT notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for NZCT to provide Goods to the Customer.
6. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
7. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
18. Intended use
1. All artificial trees are intended as artwork and are used for display purposes only they must be not be accessible by people or animals as this can cause damage to occur
2. Trees must be stored in a safe, protected environment free of all outdoor elements such as wind, snow, rain and out of direct sunlight including sunlight access through windows.