Terms and Conditions of Sale
1. General
All conditions apply to goods sold by Flattack flooring 2008 ltd, trading as Bargain Carpets. Here out referred to as “BC”. No variation is binding unless received in writing from BC.
2. Privacy Act 1993
The client warrants that no bona fide dispute exists in respect of the debt and that the client will indemnify the seller against any claims arising from any action taken by it or on the clients behalf. The client authorises the seller to: Collect, retain and use any information about the client, for the purpose of assessing the clients creditworthiness and to disclose information about the client, whether collected by the seller from the client directly or obtained by the seller from any other source, to any other credit provider or credit reporting agency for the purpose of providing or obtaining a credit reference, or for the purpose of notifying other credit providers of a default by the client.
3. Prices
Prices are per quotation or other written order accepted from BC. BC retains the right to vary its prices if a manufacturer or supplier varies prices between date of order and delivery of the goods to BC. BC has the right to on charge the purchaser for freight or special delivery costs incurred which can be in addition to the quote accepted by the purchaser.
4. Acceptance, supply, confirmation, delivery and lapse
All quotations are subject to confirmation of product supply after the purchaser accepts the quotation. Quotes are not accepted until a 50% deposit has been paid and cleared in our nominated bank account. If the product is not available all deposits are fully refundable. BC will endeavour to ensure the supplier/manufacturer delivers by the date requested but accepts no responsibility for any loss, injury, damage or expenses caused by and delay in delivery. Delay in delivery does not entitle the purchaser to cancel the order or refuse to accept delivery. If delivery is delayed or prevented due to any cause beyond BC’s control, BC is at liberty to cancel the order without incurring liability for loss or damage resulting. BC will then refund any deposits and instalments paid, provided the cancellation is not caused by the purchaser. Even after BC receives the product, delivery and installation may be delayed if the product is damaged or defective and no replacement is available. A quote not accepted within thirty days shall lapse unless extension of time is granted by BC.
5. Goods are purchasers choice
Goods are described by reference to manufacturer or supplier, pattern name, code and colour specification chosen by the purchaser and identified to BC. General specifications, descriptions and performance qualities communicated by BC representatives are those provided to BC by its manufacturers and suppliers. BC and the purchaser acknowledge there are varying types of, ranges, grades, weights and qualities of product available for the purpose and use intended by the purchaser and that lesser grade and or lower priced products will not necessarily last as long, wear as well or retain appearance of more expensive or better quality products. It is agreed that the goods selected reflect the purchaser’s judgement as to suitability and choice, relative to price paid and the purchaser’s knowledge of the place of intended use and the type, frequency and density of that use. The purchaser acknowledges colour variations may exist between product and sample due to ageing, soiling and fading of the sample itself or as a result of a routine batch, dye and like variations inherent in the manufacturing process, but in all other respects the goods are intended to be of substantially the same quality as the carpet exhibited. BC grants the purchaser opportunity to compare the goods subject to contract with the sample, in the BC showroom or warehouse prior to installation.
6. Terms of Payment
Cash prior to delivery, or per (a) & (b) below if recorded over page. Specific terms (c) (d) (e) and (f) applies to all contracts
(a) 50% Deposit on order, instalment on delivery and/or balance within 7 days of delivery of installation, or
(b) For specifically approved accounts, payment on the 20th of the following month following invoice date, or as otherwise agreed by BC in writing
(c) Any settlement rebates or discounts apply only if payment is received in full by the due date.
(d) A payment is overdue if not paid in full by due date or if the purchaser commits an act of bankruptcy, enters into liquidation, receivership, or a creditors composition or has their credit standing impaired in any other way.
(e) The purchaser shall pay interest at the rate of 24% per annum (2% per calendar month) on any amount outstanding from the due date of the receipt of payment by BC.
(f) No payment by cheque, bill or other promissory note shall be deemed to have been made until the instrument is presented and honoured and cash settlement received by BC.
7. Cancellation of contract and forfeiture of deposits and instalments.
Where to protect and ensure supply, goods are set aside by BC or served from manufacturers, suppliers or BC’s bulk stocks to provide cut lengths, then the purchaser acknowledges that if the order is cancelled any deposit and/or instalment is forfeit to the extent of 50% of BC’s full retail price of the goods in the contract. If installation or delivery does not take place within 3 months of the proposed date, BC requires the purchaser to pay for the product in full and to arrange alternative storage. If payment is not made then BC reserves the right, with due notice, to cancel the contract at BC’s discretion and the purchaser shall forfeit any deposits or instalments made. Such forfeiture occurs because cut lengths and limited metreage lots are not returnable to BC’s manufacturers and suppliers, nor are they fully useable/or saleable and subsequent disposal by BC will result in a loss to BC. This forfeit of deposit is without prejudice to BC’s other rights at law.
8. Risk, ownership and repossession
(a) Goods are at the purchasers risk from date of delivery to the purchaser or contracted independent carrier. Although goods may be in the purchasers possession, the ownership and title goods remains with BC until all monies owed by the purchaser to BC are paid in full.
(b) Until full payment is made the relationship between BC and the Purchaser is fiduciary. The purchaser holds the goods for BC as a bailee and agent but without power to raise money on security of the goods. BC has the right of immediate repossession and may without notice enter premises to remove goods supplied by BC to the purchaser. This right includes uplift of product from the floor. BC is not liable to the purchaser or any other person for losses associated with removal or uplift. This right of repossession is without prejudice to BC’s other rights at law.
(c) When payment is overdue (clause 5d) BC’s reserves the right to:
(1) Suspend or cancel further supply to the purchaser until the total amount outstanding is paid and to charge interest at 24% per annum (2% per calendar month) per clause 5e
(2) Terminate the purchasers credit facilities and institute legal action and/or a debt recovery agency to recover outstanding balances. Any interest and all costs incurred in the recovery action will be charged on top of BC’s outstanding invoice balance.
(d) If goods are sold or disposed of by the purchaser before payment is full, any book debts created upon the sale or disposal and all proceeds of the sale or disposal shall be the property of BC to the extent of the purchasers total debt to BC.
(e) If goods are lost, damaged or destroyed prior to payment being made in full in circumstances where the purchaser can claim on an insurance policy, then the purchaser unreservedly assigns all legal and equitable title to the proceeds of the claim to BC to the extent that is required to settle any amount owed to BC, and authorises insurance companies to settle claims with BC.
9. Damage or loss in transit
BC dispatches goods in sound condition and accepts liability for transit damage to goods delivered by BC itself or BC’s contract installer. In the event of damage or loss, written notice should be given to any carrier or installer concerned and BC advised immediately. A detailed claim in writing should follow within 7 days. However BC is not liable for damage in transit or shortage of delivery if delivery is by independently contracted carrier or installer. The purchaser is advised that many independent carriers claims are limited as to value of package covered.
10. Subfloor and contactors
BC’s quotation is based on the subfloor being suitable for the installation. If additional subfloor work becomes evident during installation, It is at extra charge. BC and it’s manufacturers and suppliers are not liable for loss of product, deterioration, or surface or appearance problems arising from inadequate or substandard subfloors, moisture or humidity, constructional deficiencies in any building, or errors by other tradesmen.
11. Measure of floor coverings, supply only contracts, additions and shortages
BC is responsible for its own measurements providing the purchaser (or agent) has not contributed to any error or misunderstanding. If ordered metreage is not supplied to BC, BC reserves the right, without penalty, to not proceed with supply and installation, or to agree to a solution with the purchaser. If the purchaser provides the metreage, or contracts with a third party to establish a metreage or install the goods, the goods are then sold on a supply only basis and the purchaser and any third party remain responsible for the metreage and BC is not liable for shortage of supply or to accept return of unused product. Additional metreage used due to change in the purchasers circumstances, variations in plans, or as built from plans, etc, shall be paid in addition and pro rata to the total metreage in the contract price. A consistency of batch colours cannot be guaranteed for additional or replacement metreage.
12. Furniture and appliance removal and replacement
Such removal to ready an area for installation, and subsequent replacement is the purchasers responsibility unless prior arrangement is made with BC. If BC or its installers do the removal, it is at the sole risk of the purchaser and BC is not liable for any loss or damage. If removal time exceeds any a BC allowance, then BC reserves the right to charge for additional time @ $30 per hour, per person. The employment of plumber, electrician etc, for appliance removal, is the purchasers responsibility. Manufacturers recommend that appliances and furniture should not be replaced on vinyl areas, or direct stick carpet installations until 24 hours after installation. BC or its manufacturers are not liable if the purchaser ignores this recommendation.
13. Claims, adjustments and limitation of liability
(a) Written details of claims or adjustments are to be made within 7 days of supply or installation. Or within 7 days of any defect becoming evident at a later date.
(b) The purchaser acknowledges that BC sells other suppliers products. Product claims are assessed subject to manufacturers warranties, their statutory responsibilities and their acceptance of the claim. BC’s liability in respect of any claim is governed by the consumer guarantees act 1993, generally is limited to repair, if repair is possible, otherwise to the replacement of defective or non complying goods at the option of BC and it’s manufacturers and suppliers. If BC and the purchaser cannot agree on a remedy, compensation or a refund, then each party can refer to any court or disputes tribunal having jurisdiction, or by agreement to arbitration.
(c) BC reserves the right to use contract installers to meet laying commitments. Claims for installation defects, uplift or relaying costs are assessed subject to any independent installers warranties and undertakings. If BC’s employee layers are used BC is responsible in respect of agreed installation defects.
(d) Except as provided by statute law and without limiting the forgoing, BC is not liable for any consequential, indirect or special loss or damage of any kind whatsoever, nor is BC bound to accept the return of any alleged, faulty or defective goods except as authorised by BC’s management. BC is not responsible for normal wear and tear or damage arising from improper use and treatment of the floor coverings or other product supplied.
(e) The purchaser acknowledges that cut pile carpet can exhibit a condition known as “shading, watermarking, tracking or pile reversal” and has considered these characteristics before purchasing. The purchaser accepts that characteristic does not make the product of unsalable quality in terms of the sale of goods act 1908 and the consumer guarantees act 1993.
14. This agreement is subject to the general operation of the law within New Zealand, except where inconsistent with specific conditions herein.