Wanaka Wood Floors Terms of Trade
- Application of Terms
These terms of trade apply to all of the supplies of goods and services from Wanaka Wood Floors Limited (“we” or “us”) to the customer (“you”). These terms replace all earlier written or oral agreements and any terms and conditions contained in any other document used by you. Your acceptance of any goods or services from us indicates your continuing acceptance of these terms of trade.
You may have additional rights under the Consumers Guarantees Act 1993. Goods
The goods supplied by us (including any supply of services) shall be as described on any invoices, quotation, work authorisation or other forms which are provided by us to you. - Price
Where a quotation has been given for work to be performed, that quotation remains valid for 30 working days.
Your acceptance must be confirmed in writing prior to the commencement of work. We may withdraw that quotation at any time before acceptance. The quotation is based on costs and charges ruling at the date of the quotation. Any changes in costs arising from sources beyond our control (for example, changes in prices charged by suppliers to us, or in government charges) shall be to your account. All quoted prices will be as GST exclusive. - Payment
Payment of the claimed amount is due as per payment terms on the invoice, or if not stated it is payable by you by the 20th of the month following the invoice date. For the supply of timber flooring you may be required to pay a 50% deposit on submitting an order, with full payment on delivery to Wanaka. Where work is undertaken over a period exceeding one month, invoices may be issued for progress payments covering work done and costs incurred up to the date of invoice.
If you disagree for any reason with the claimed amount, you will respond to us in writing before payment is due.
Your payment is made only when funds have fully cleared through the banking system into our bank account.
Payments which you make to us will be applied first to any amount owing in respect of services, and then payment for goods supplied by us. Overdue payments may attract interest at a rate of 5% per month until the balance is repaid in full, and any expenses incurred by us in recovering this debt shall be added to your account. - Disputes
If any dispute or difference arises in connection with work done or payments claimed by us, or any other matter pertaining to business between us and you, we or you shall refer the dispute to adjudication in terms of Part 3 of the Construction Contracts Act 2002 (CCA). - Ownership
Any goods and materials supplied by us shall remain our property until paid for in full and while any money is due to us, whether in original form or incorporated in, comingled with or attached to another product. If any money remains unpaid or you are in breach of any obligation to us, we or our agents are authorised by you to enter your premises to recover and resell any or all of those goods and materials.
We may require you to facilitate registration of a financing statement under the Personal Properties Security Act 1999 to give us Perfected Security in any goods supplied.
You indemnify us against all costs and claims in respect of our exercise of rights under this clause 5. - Defects and Returns
Delivery of product – All claims for shortage or delivery damage or failure to comply with the description or quote must be made to the carrier and to us within five business days after the date of the delivery or in the case of non-delivery within two business days of the due date for delivery. You shall afford us an opportunity to inspect the goods within a reasonable time following the delivery if you believe the goods are defective in any way. If you fail to comply with the requirements of this clause, the goods shall be presumed to be free of any defect or damage.
For any defective goods which we have agreed in writing that you are entitled to reject, our liability is limited to either replacing the goods or repairing the goods (at our option). You acknowledge and agree that returns shall only be accepted by us in accordance with our returns policy as noted to you on our website, or in writing. - Limitation of Liability
7.1 We 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 circumstances beyond our reasonable control, and we will not be liable for any losses or costs incurred as a result of any user of any product suffering any injury, medical condition or death while using the goods supplied by us.
7.2 We are not liable for any losses of any kind caused by your failure to comply with instructions for any goods sold by us.
7.3 Subject to clause 7.1 and 7.2, our liability shall be limited to the value of defective goods or services supplied, and none of us, our employees, contractors or agents or any of their materials or components, or any supplies or 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 us or returning to manufacturer), indirect or consequential loss, loss of contracts, loss of products, damage caused by or arising from delays in delivery, or faulty or delayed installation, unreasonable use, negligence (including a failure to do something that should have been done or to prevent something from happening), faulty specifications in design, or faulty materials or components of the goods.
7.4 We are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, accidents, fire, failure of manufacturers to deliver and any other events beyond our reasonable control. - Risk
All goods and materials are at your risk while on your premises or premises under your control. Any loss arising from theft, destruction or damage from whatever cause shall be borne by you. - Services including installation of timber flooring or panelling, refurbishing of floors or custom finishing:
You shall give us access to the site and provide
proper facilities for carrying out the work including suitable lighting and access to power.
You warrant that the sub floor or surface in or upon which these goods are to be installed or erected is sound and will sustain the installation and works specified, and Wanaka Wood Floors Ltd shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
Sanding of floor: You acknowledges and accept that: (a) skirting boards/kick boards may exhibit some markings on these surfaces due to the necessity of high speed sanding equipment to be operated right up to the skirting to achieve the best possible result; and (b) gaps between boards may cause ‘quilting’; and (c) swirling marks from rotary equipment is a normal part of the sanding process and can be visible under certain lighting; and
(d) cupping of timber can occur after sanding and polishing due to moisture levels in timber; and
(e) edge bonding is a consequence of timber shrinkage and the boards been stuck together with the polyurethane and is not a result of the services provided by Wanaka Wood Floors Ltd.
Installation of timber.
The customer also acknowledges and accepts that materials supplied may exhibit variations, and these shall not make the materials faulty.
Timber is a natural product and has natural variations in texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations. We will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
Timber is also a hydroscopic material subject to expansion and contraction; therefore, we will accept no responsibility for gaps that may appear in the flooring during prolonged dry periods, or cupping.
We will only inspect or view a timber floor from a standing position, as this is generally how you will be living on it. Minor marks or slight imperfections in the floor finish that can only be viewed from a crouching or kneeling position will not be considered defects.
Wanaka Wood Floors Ltd shall not be liable if the customer does not follow our recommendation for a site finished or recoated floor to have: (a) no foot traffic on the flooring for a minimum of twenty-four (24) hours but preferably seven (7) days; and (b) no furniture to be placed on floor for a minimum of forty-eight (48) hours. While we will take all due care to avoid contamination of the finished surface, we accept no responsibility for contamination by natural contaminates such as dust or hair which may be present at the work site.
All timber floors shall have felt or similar placed under furniture legs to reduce any damage by impact or scratching.
If a new build, the main contractor will be responsible to cover the floor after it has been installed, with suitable material and tape.
The customer agrees to indemnify Wanaka Wood Floors Ltd from any damage caused by any other tradesmen during and after the completion of the works. If the customer instructs us to rectify any damage caused by any other tradesmen, this will become a variation and shall be charged as required.
Wanaka Wood Floors Ltd will not accept responsibility for any damage to the floor due to microenvironments caused by air conditioning, heating or large expanses of glass windows without curtains or blinds.
On completion of the works, Wanaka Wood Floors Ltd shall provide the customer with maintenance and cleaning instructions. Failure by the Customer to adhere to said instructions may invalidate the warranty.
It is the customer’s responsibility to, unless prior arrangement in writing;
(a) have all areas clean and clear to enable scheduled work to be completed in accordance with the schedule of installation;
(b) remove all existing floor coverings, tacks and staples; and if required skirtings and toe kicks.
(c) fully disclose any information that may affect Wanaka Wood Floors’ installation procedures (including, but not limited to, disclosing known breaks or tears in the membrane, extensions of existing slabs, thickened beams, curing compounds that may have been used, or the use of concrete over 25mpa); and
(d) ensure the sub-floor is adequately ventilated and is structurally sound; and
(e) ensure that the levels of the sub-floor levels and window heights are satisfactory to the building code and
(f) remove all fragile items such as glassware, crockery, pot plants, appliances, furniture and ornaments. Breakages and damages are the responsibility of the customer. All care taken but no responsibility accepted by Wanaka Wood Floors in this regard; and
(g) remove or adequately cover with plastic or dust sheets all belongings and furniture to protect the customer’s furniture and décor. Wanaka Wood Floors will not accept any responsibility for cleaning or repair costs attributed to dust or damage caused by any sanding process. Flaking or crumbling walls should be temporarily covered by the customer, until the coatings are dry; and
(h) extinguish all naked flames prior to coating including, but not limited to, pilot lights, heaters etc.; and
(i) supply power to within eight (8) metres of the project; and
(j) if sanding, ensure that full and final lighting as designed for the completed project is fully operational prior to works commencing, and are made available for use at no cost for the duration of the project. Any costs incurred by Wanaka Wood Floors Ltd will be invoiced to the customer should this requirement not be met; and unless specified otherwise, the contract does not include any structural alteration to any part of the building.
Access and facilities shall be provided within a reasonable time after acceptance of this contract or a date notified by you and agreed on by us in writing. You shall inform us of any hazards in the workplace to which we may be exposed in working on your premises. - Time for Completion
We will complete the work within a reasonable time and will endeavour to meet any target date you make known to us. Should it be necessary to work outside ordinary work hours to meet your completion target or due to any other circumstances outside our control, you shall be liable for any extra cost incurred. - Warranty
Subject to clauses 7, 8, 9, 12 and 15, we guarantee that we will remedy any defective workmanship and replace any faulty material that is reported to us in writing within 90 days of completion of contract. This performance guarantee does not extend to any goods or materials supplied by you. In the case of work covered by the Consumers Guarantees Act 1993, this warranty is in addition to any rights you may have under the Act. - Unforeseeable Events
We are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, accidents, fire, failure of manufacturers to deliver and any other events beyond our reasonable control. - Variations
Once our quotation/offer has been accepted, no
variation to the scope of work or to these terms and conditions shall be valid unless agreed in writing. - Plans and specifications
We shall be entitled to rely on the accuracy of, and shall not be obliged to check any, plans, specifications and other information supplied by you. We shall bear no responsibility for any goods supplied in compliance with those plans and specifications.
In the event the customer gives information relating to measurements and quantities of the materials required to complete the works, it is the customer’s responsibility to verify the accuracy of the measurements and quantities, before the customer or we place an order based on these measurements and quantities. We accepts no responsibility for any loss, damages, or costs however resulting from the customer’s failure to comply with this clause.
Where the customer has supplied materials or specified the product to be supplied for us to complete the works, the customer acknowledges and accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials, or any matter arising from using this product. - Manufacturer’s Warranties
For materials not manufactured by Wanaka Wood Floors Ltd, our warranty does not include any manufacturing defects, and our liability is limited to making a claim on the manufacturer under any current warranty provided by the manufacturer of the materials. Wanaka Wood Floors Ltd shall not be bound by nor be responsible for any term, condition, representation or warranty which is given by the manufacturer of the materials, and shall not be required to commence legal proceedings against the manufacturer. - Privacy Act
You authorise us to use information collected
from you and to collect information from third parties for purposes relating to performance under this agreement. - Retentions
Retentions have not been allowed for in this contract, unless agreed in writing prior to this. - General Conditions
We may change these terms of trade from time to time, in writing which may be by email or on our website.
If we fail to enforce any terms or to exercise any rights under these terms of trade at any time, we have not waived the right.
You may not assign or sub contract any of your rights or obligations under these terms of trade. Trade is limited to New Zealand unless specified by prior arrangement.
If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect, and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
Any agreement between us is governed by the laws of New Zealand. Any dispute is subject to the exclusive jurisdiction of the New Zealand Courts.