1. Application of Terms

1.1 Any Goods supplied by us to you will be supplied only on these Terms and any additional terms specified in any quotation for the Goods provided by us (and accepted by you). No other terms and conditions (including any contained in your order or other documentation provided by you) will apply unless one of our senior managers has expressly agreed in writing to their application.

1.2 Despite clause 1.1, if you order Goods from us using our website, our website terms of use also apply to that order.

1.3 By ordering Goods from us you accept these Terms

2. Quotation

2.1 Any quotation given by us to you will (unless a different time period is stated in the quotation itself) lapse 30 days after it is given. We may also withdraw any quotation given to you at any time before it is accepted by you.

2.2 Quoted prices apply only to the full quantities of all Goods specified in the quotation. If you want to order lower quantities or only some of the Goods, we may change the price.

2.3 By accepting our quotation you are making an order for the Goods specified in the quotation.

3. Order

3.1 We may accept, or decline to accept, any order for Goods made by you.

3.2 Any order accepted by us is accepted subject to our ability to supply the ordered Goods. After we have accepted an order for Goods from you, we may cancel that order, without liability to you, if the Goods are not available or fulfilling the order becomes impractical or uneconomic due to any cause beyond our reasonable control.

3.3 You may not change or cancel an order for Goods unless we agree to this in writing. As a condition of agreeing to an order change or cancellation, we may require you to reimburse us for any reasonable costs we incur in connection with that change or cancellation.

4. Price

4.1 Our prices are subject to change without notice. The price you must pay for the Goods is:

• The price agreed between you and us (by your acceptance of our quotation or otherwise) when the order was made; or
• Where a price was not agreed when the order was made, our current price for the Goods at the date the Goods are delivered to you.

4.2 Despite clause 4.1(a), we may increase any agreed price for Goods by the amount of any increase in our cost, which is beyond our reasonable control, between the date the price was agreed and the date the Goods are delivered to you.

4.3 Unless otherwise agreed in writing with you, all of our prices are exclusive of:

• Packaging fees, cutting fees and any other additional fees or charges imposed by our suppliers in respect of the Goods;
• Delivery charges; and
• Goods and Services Tax and other government duties, levies or taxes in respect of the Goods. These will be charged to you at the rates applying at the time of delivery and must be paid by you in addition to the price for the Goods.

5. Payment

5.1 We do not offer any credit. You must pay the full price of the Goods, as well as any other amounts payable under clause 4.3, before delivery.

5.2 Payment can be made by cheque, electronic funds transfer, or any other method agreed between you and us. If we agree to accept payment by credit card, we may charge a processing fee of up to 3% of the transaction value. Your payment is not considered complete until the funds have fully cleared through the banking system and have been deposited into our bank account.

5.3 Without our written consent, you may not deduct or withhold any amount (by way of set-off, counterclaim, or otherwise) from any amounts owed to us.

5.4 If you do not pay in full by the due date, the following measures may apply (in addition to any other remedies available to us):

• All amounts owed by you to us will become immediately due and payable;
• We may cancel any orders for Goods made by you, without liability to you;
• We may require full payment for any ordered but undelivered Goods or any future ordered Goods before delivery;
• We may charge interest on the outstanding amount at the rate of 5% above the current base lending rate of our bank from the due date until payment is received by us;
• You will be responsible for, and must pay on demand, all costs reasonably incurred by us (including debt collection agency costs and legal costs on a solicitor/client basis) in recovering the outstanding amount.

5.5 We may choose how to allocate any payments you make to us towards settling any invoice or amount you owe.

6. Risk and Delivery

6.1 The risk of damage to or loss of the Goods passes to you upon delivery. From that point on, you are responsible for the risk of damage to or loss of the Goods (and any insurance to cover this risk).

6.2 Delivery of the Goods takes place at the earlier of the following:

• You, or your agent, collect the Goods from our designated pickup address; or
• The Goods arrive at your nominated delivery address via our company’s delivery vehicle or a third-party carrier (before unloading, for which you are responsible).

6.3 However, if you fail or refuse to accept delivery as arranged by us, the Goods are considered delivered when we were ready to deliver them.

6.4 Unless you request a specific delivery method and we agree, we will select the method of delivery. If a third-party carrier is used, you must ensure that you have received all the Goods (matching the carrier’s delivery note) before acknowledging receipt. If there is a shortage or visible damage to the outer packaging, you must note this on the carrier’s delivery document and notify us as soon as possible.

6.5 If we provide or agree on a delivery date with you, it is an estimate given in good faith and does not constitute a binding commitment on our part. We will endeavor to deliver the Goods by the specified or agreed date, or otherwise in a timely manner, but we are not liable to you for failure to do so, and such failure does not entitle you to cancel the order.

6.6 We may choose to deliver your order in installments. Each installment is treated as a separate contract subject to these Terms.

7. Incorrect delivery, shortages or delivery damage

7.1 You must inspect the Goods as soon as reasonably possible aer delivery and any claim you have regarding delivery of incorrect Goods, shortage in the quantity of Goods delivered or delivery of damaged Goods must be made in writing to us within five days after delivery. You must give us a reasonable opportunity to investigate the claim. If you do not make your claim within this time limit, the Goods will be considered to have been delivered in full in accordance with the order and free from damage.

7.2 Where we are responsible for delivery of incorrect Goods, shortage in the quantity of Goods delivered or delivery of damaged Goods to you, our liability to you is limited to us either (at our choice)

• supplying the correct Goods, making up the shortage or repairing or replacing the damaged Goods (as applicable) or
• refunding or crediting to you the purchase price of the non delivered or damaged Goods. Our liability to you is fully satisfied by us providing either of these remedies.

8. Return of Goods

8.1 We have no obligation to accept returns of Goods for credit or refund. Goods delivered in accordance with your order may only be returned for credit or refund if we agree to the return and only

8.2 if the Goods are, within 30 days of the date of delivery, returned to the store from where they were purchased in original condition and packaging together with a copy of the original packing slip or invoice. If the Goods are not usual stock items or were cut to length or otherwise modified for you, then it is unlikely we will be able to agree to them being returned.

8.3 If we agree to Goods being returned for credit or refund:

• Delivery charges will not be credited or refunded; and
• We may charge you a reasonable restocking fee.

8.4 We will not be considered to have agreed to the return of Goods for credit or refund until we apply a credit to your account for, or refund to you, the purchase price for the Goods (less any applicable restocking fee).

9. Property and Ownership

9.1 Ownership of the Goods transfers to you upon delivery. The Goods sold may not be resold; otherwise, they will not be covered under warranty unless we have given written consent.

9.2 If we have reasonable cause to believe that a default event has occurred or is about to occur, we may, at any time and without notice, enter any land, premises, or property to locate and remove the Goods through agents, if necessary.

9.3 We are not liable for any loss or damage suffered by you as a result of us exercising or attempting to exercise our rights under this clause.

9.4 You must indemnify us for any costs, expenses, losses, or damages incurred by us in exercising or attempting to exercise our rights under this clause.

10. Warranties

10.1 You acknowledge and agree that you have used your own skill and judgment in selecting and purchasing the Goods, and you are responsible for ensuring that the Goods purchased are fit and suitable for their intended purpose. We have no liability if they are not suitable.

10.2 For Goods that are not manufactured by us, you are entitled only to such benefits as we may receive under any warranty given to us by the manufacturer or other party who supplied the Goods to us. We will pass on this benefit to you, without being directly liable to you. We do not provide any warranty for Goods not manufactured by us.

10.3 We warrant that Goods manufactured by us are free from material defects in design, materials, and workmanship. However, this warranty does not apply in the following cases:

• Unless we receive a written warranty claim from you (with reasonable details about the defect) within 12 months of the Goods being delivered;
• Unless we are given a reasonable opportunity to inspect the Goods as soon as reasonably possible after the defect is discovered;
• Where the defect arises from normal wear and tear, willful damage, negligence, abnormal working conditions, failure to follow applicable instructions, incorrect installation, misuse, improper operation or maintenance, an accident, or any alteration or repair of the Goods not authorized by us.

10.4 You may not assign the benefit of the warranties in this contract to any person without our written consent.

11. Limitation of Liability

11.1 While we will endeavor to ensure the accuracy of any advice, recommendation, information, or assistance provided by us in relation to the Goods, we do not accept any liability or responsibility in relation to such advice, recommendation, information, or assistance.

11.2 If we have any liability to you under these Terms (including under clause 10.3) or otherwise in connection with defective Goods, our liability is limited to one of the following remedies (at our choice): (i) replacing or repairing the defective Goods, (ii) refunding or crediting to you the purchase price of the defective Goods, or (iii) if the cost of either (i) or (ii) is less, paying you a sum equal to the actual direct loss you suffered as a result of the defective Goods. Our liability to you is fully satisfied by providing one of these remedies.

11.3 In all circumstances:

• We have no liability to you under these Terms or otherwise for any loss of profit, loss of revenue, loss of contract, loss of business, or loss of reputation or goodwill (whether direct or indirect), or for any consequential or indirect loss or damage of any kind suffered by you or any other person;
• We also do not directly or indirectly bear any responsibility for any property loss caused to you by the installers we recommend.
• If we have any liability to you under these Terms or otherwise, our total liability to you will not exceed the price of the Goods to which the liability relates.

11.4 To the fullest extent permitted by law, the exclusions and limitations of liability set out in these Terms apply whether the liability arises by way of warranty, contract, statute, tort (including but not limited to negligence), equity, or otherwise.

12. Privacy Policy

12.1 You authorize us to collect and hold personal information about you and your related parties from any source we consider appropriate, for use in management, business analysis, service, and marketing purposes. You also authorize us to disclose personal information about you and your related parties that we hold to any other person for these purposes. If you do not allow us to collect and use this information, we may not be able to provide you with the relevant services.

12.2 We are committed to protecting your privacy and providing excellent service. We will only process your personal information in accordance with the Privacy Act 1993 and this privacy policy.

13. Compliance with Regulations

You are responsible for compliance with all applicable laws, regulations and standards in connection with the installation or operation of the Goods.

14. Force Majeure

We are not liable for any failure to comply with our obligations to you or for any loss or damage of any kind caused by an event or circumstance beyond our reasonable control.

15. Errors and Omissions

We may correct any clerical, typing, or other errors or omissions in any quotation, packing slip, invoice, or statement, and the corrected document will apply.

16. General Conditions

16.1 If we fail to enforce any terms or to exercise any rights under these Terms at any time, it does not mean that we have waived that right. You may not assign or subcontract any of your rights or obligations under these Terms without our prior written consent.

16.2 If any provision of these Terms is deemed invalid or unenforceable for any reason, the remaining provisions will remain binding on you.

16.3 We may change these Terms from time to time by written notice to you, and the changed terms will apply to all orders made by you after you have received the notice.

16.4 These Terms are governed by the laws of New Zealand.