1. Acceptance
1.1 These terms of trade constitute the terms and conditions between us, the supplier of goods and services, and you, the customer. Engaging us to provide goods or services constitutes your acceptance of these terms. Subject to clause 1.2, these terms apply to all goods and services provided by us to you unless otherwise agreed in writing.
1.2 The Manufacturer reserves the right to review these terms and conditions at any time. If, following any such review, there is any change to these terms and conditions, the change will take effect from the date on which the Manufacturer notifies the Customer of such change.
2. Delivery and Risk
2.1 You do not have the right to possess goods until they are delivered to you or collected by you. If goods are delivered to another person on your behalf, that person takes possession of the goods as your agent, and you remain directly responsible to us under these terms.
2.2 All claims for shortages or delivery damage must be made to the carrier and to us within 3 days of delivery or, in the case of non-delivery, within 3 days of the due date for delivery (time being of the essence).
2.3 We will make every effort to deliver goods or perform services promptly but are not liable for any loss or damage arising from delays in delivery or performance.
3. Quotations, Orders and Prices
3.1 Unless agreed otherwise, prices for goods or services are those stated on our website or otherwise in force at the time of ordering. Prices are subject to change with 30 days' notice, unless there is an unexpected raw material shortage or cost increase. We will notify you of any changes as soon as possible.
3.2 Prices on the website are exclusive of GST unless stated otherwise. Prices are valid at the time of order unless otherwise specified.
3.3 You must pay GST and any other taxes or levies applicable to the goods or services.
3.4 Orders may be cancelled only with our written consent and only if the order has not been processed. A cancellation or restocking fee may apply.
4. Payments and Title
4.1 Unless credit has been agreed upon, payment must be made in full before delivery or collection, or at our request, through an irrevocable letter of credit in our favour with an approved bank. A deposit may be required before delivery or collection.
4.2 Where credit has been extended, payment is due in full by the 20th of the month following the invoice date. Payments are only deemed made when funds are fully cleared into our account.
4.3 Late payments may incur interest at 24% per annum, compounded monthly, and additional costs, including collection and legal fees.
4.4 Payments are applied to outstanding services, inventory, and other unpaid goods.
4.5 Ownership of goods remains with us until full payment is received. You are responsible for holding goods in trust for us until payment is complete.
5. Security Interests
5.1 We maintain a security interest in the goods supplied to you, covering both the goods and any proceeds from their sale.
5.2 You agree to take any necessary actions to assist us in registering our security interest.
5.3 Any changes to your information must be notified to us in writing.
6. Returns
6.1 Returns are subject to our returns policy. Goods may only be returned with our consent and under certain conditions. Returns are subject to a credit or replacement if agreed upon.
6.2 These terms do not affect rights under the Consumer Guarantees Act 1993.
7. Guarantees and Warranties
7.1 New Zealand-made furniture carries a 10-year quality guarantee, while imported furniture carries a 2-year warranty. These guarantees protect against material or construction faults, excluding misuse, negligence, accidents, normal wear and tear, and fading from sunlight. Fabric warranties are provided by their respective fabric houses.
7.2 Guarantee claims must be made to the original supplier, with proof of purchase required. The guarantees apply only to the original purchaser only.
7.3 The Consumer Guarantees Act 1993 may provide additional rights in certain situations.
7.4 For products subject to manufacturer warranties, we will pass on the benefits, but you are responsible for returning goods and any additional costs, including freight.
8. Limitation of Liability
8.1 We are not liable for losses or delays caused by circumstances beyond our reasonable control.
8.2 Our liability is limited to the value of the defective goods or services supplied. We are not liable for indirect or consequential loss, including loss of profits or data.
8.3 No set-off or deduction of payments is permitted.
8.4 Neither party is liable for defaults caused by events outside their control, including natural disasters or industrial action.
9. Intellectual Property Rights
9.1 You do not acquire any intellectual property rights relating to goods supplied.
9.2 You must not use our intellectual property without our consent.
10. Personal Information
10.1 We will use personal information for credit, administration, service, and marketing purposes. You have the right to access and request correction of your information.
10.2 You authorise us to obtain information from credit agencies and the Personal Property Securities Register as needed.
11. Website Access and Compliance
This website may be accessed in New Zealand and throughout the world. Coastwood Furniture makes no offer in or by this website to sell any product or service in any country outside New Zealand, and does not represent that the content of this website complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for ensuring compliance with the laws in the place where you access the site. The use of this site is governed by, construed, and enforced in accordance with the laws of New Zealand.
12. Product Availability
12.1 Our lead times from order received to delivery can vary depending on demand. Please contact us on 0800 000 584 or sales@coastwoodcommercial.co.nz to find out our current lead time.
12.2 This website will be kept up to date as much as possible. While we aim to ensure that information on this website is correct, sometimes errors do occur for which we apologise.
12.3 It may also be necessary to make changes to product specifications. We reserve the right to make these changes at any time and without notice.
13. Colours
Colours shown on this website and other printed material are as accurate as photographic and rendering processes allow, but please note that actual colours may vary slightly from what is displayed due to screen differences/rendering and printing processes.
14. General Terms
14.1 If any provision of these terms and conditions is invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
14.2 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.
14.3 The Manufacturer shall not be liable for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach of these terms and conditions.
14.4 In the event of any breach of this contract by the Manufacturer, the remedies of the Customer shall be limited to damages, which under no circumstances shall exceed the Price of the Goods.
14.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Manufacturer.
14.6 The Manufacturer may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
14.7 The Manufacturer reserves the right to review these terms and conditions at any time. If any change to these terms and conditions is made following a review, such change will take effect from the date the Manufacturer notifies the Customer.
14.8 The provisions of the Contractual Remedies Act 1979 shall apply to this contract, as if section 15(d) were omitted.
14.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of either party.
14.10 The failure by the Manufacturer to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Manufacturer’s right to subsequently enforce that provision.
