STARLIGHT FABRICS CURTAINS AND BLINDS TERMS AND CONDITIONS FOR RETAIL SUPPLY OF PRODUCTS AND SERVICES.
THESE TERMS AND CONDITIONS APPLY TO ALL GOODS OR SERVICES AGREED TO BE SUPPLIED AS FROM 1 JANUARY 2020 (“APPLICATION DATE”).
- Starlight Fabrics have agreed to supply You with Products and/or
- Supply of Products or Services by Starlight Fabrics is subject to the terms and conditions appearing
- Additionally, you will be provided with product warranty and care
- All documents will be read together however if there is any inconsistency between them this document will
- To make it easier to understand the meaning of certain words or expressions used in this document they are defined below. Defined terms are identified by their first letter being in upper case (eg “Starlight Fabrics”).
- “Starlight Fabrics” means the company or partnership as stated on the front of this proposal (quote) or invoice who are offering to supply the Products and/or
- “You” and “Your” refer to any customer of Starlight Fabrics who or which buys goods or services from Starlight Fabrics.
- “Products” means goods supplied by or through Starlight Fabrics to
- “Services” refers to any supply by Starlight Fabrics to You which is not a supply of
- “GST” means Goods and Services Tax, at the rate payable in New Zealand for any
- “Invoice” means a document that sets out the agreed price for Products and/or Services to be
- “Proposal” means a document which records an offer by Starlight Fabrics to supply Products and/or Services to
APPLICATION OF THESE TERMS AND CONDITIONS:
- These Terms and Conditions apply to any Products or Services supplied to You from the date of the invoice or
PROPOSALS AND PRICES:
- Unless otherwise agreed a Proposal must be accepted before the end of the month in which it is provided to Following acceptance an Invoice will usually be created to record the contract for supply of Products or Services.
- Prices agreed to for the supply of Products or Services are as outlined on the front of this proposal or
Starlight Fabrics will honour the agreed quote that they have scoped for. (If there are potentially additional charges, for example extra preparation found due to an earthquake after the quote, this will be noted on the proposal or invoice.) If however, the customer changes the scope of the job, for example does not carry out any agreed furniture moving work which the installers then need to do, or fails to disclose something that has not been recorded as part of the scope of the job, Starlight Fabrics may charge for extra Product or Services required so as to reimburse them for any extra costs arising as a consequence. If this should occur Starlight Fabrics will update the proposal and costs will be agreed.
- Starlight Fabrics may agree to cancel an order; however, this may not be possible if Products have already been cut to measure. That is because once Products are cut to meet your requirements they may not be used
- From time to time Starlight will promote its products and services by way of discount sales on certain merchandise and products. For which Starlight will have additional details of items on which the discounts will be applied. It is the customer’s responsibility to find out the special promoted items prior to placing the order.
- When the requirements of the job are agreed an Invoice will record the When an Invoice is signed by You or agreement to the Invoice is sent via email by YOU this will be a binding contract. However, the contract may also be binding in other ways such as when You have confirmed an order or paid any part of the agreed price.
COMPLETION AND DELIVERY:
- Starlight Fabrics is reliant on other companies for supply of Product and Services therefore any time or date given for delivery or installation of Products or Services will be Starlight Fabrics’ best estimate of the time or date within which it can do You are asked to plan for the possibility of delays as Starlight Fabrics cannot guarantee delivery or installation times or dates and so will not accept liability for losses or liabilities claimed because of any failure to deliver or install on time.
- If You are not ready for the install and have not advised Starlight Fabrics within a reasonable timeframe (at least 48 hours’ notice), or wish to change the completion or delivery date or time Starlight Fabrics will do their best to accommodate that change but cannot guarantee to meet your revised requirements due to such things as installer availability. As any timing change may increase costs, which may include arranging replacement subtrades and storing
- The time of delivery of Products will be calculated from when they are delivered to You at the address provided for delivery, or if You have contracted a carrier then from when they are delivered to the carrier.
- If You have raised a dispute Starlight Fabrics will then investigate the claim and if it then accepts that a Product or Service is faulty or defective Starlight Fabrics will comply with its obligations under the Consumer Guarantees Act. In considering whether to take any action in this respect Starlight Fabrics are entitled to consider any actions You have taken (or failed to take) that may influence these things. If You are in any way in default of your obligations that may be considered
- Payment for Products and Services will be made by You at the time/s and manner agreed with Starlight Fabrics. If no specific arrangements are made then payment will be required to be made in 2 instalments: 50% of the price plus GST as a deposit on signing of an Invoice or acceptance of a Proposal (whichever is earlier) and 50% of the price plus GST plus any other amounts due (such as for instance extra costs you have been notified of) on the day prior to delivery or installation is
- Payments to Starlight Fabrics must be made in This means that You cannot set-off or deduct any amount You say is owing by Starlight Fabrics to You. If You have such a claim, you may pursue that separately.
- You will also reimburse Starlight Fabrics for any costs in obtaining any money due, this includes debt collection or repossession.
- Any monies received by Starlight Fabrics from You, or through exercise of its rights under clauses 24 or 25 will be applied firstly in re-imbursement of any costs or agreement to indemnify Starlight Fabrics, secondly in payment of invoices in order of age (the oldest first) .
RISK AND OWNERSHIP:
- Risk in Products supplied to You passes to you when delivery is completed in accordance with clause From that date You will need to insure them. If Starlight Fabrics have a security interest (in accordance with clause 25 that insurance must note Starlight Fabrics interest as security holder and Starlight Fabrics can require proof of cover. If under these circumstances Starlight Fabrics are not satisfied with that cover, they may insure the Products themselves and You will reimburse them for the cost of doing so.
- Ownership in Products will not pass to You until they have been paid for and all other monies due to Starlight Fabrics by You have also been paid. Until that time, you hold them only as bailee (custodian) from Starlight Fabrics. Until ownership in Products pass to You Starlight Fabrics are authorised to enter any premises where they have cause to believe the Products may be held, to inspect and/or repossess
- These rights in respect of Products create a security interest in them in accordance with the Personal Property Securities Act 1999. You will do all things, sign all documents and pay upon demand all costs of Starlight Fabrics required to enforce this security interest. For these purposes You will supply all information required by Starlight Fabrics and will advise Starlight Fabrics of any change of name, or any change of your address, and/or of the address where Products are stored for You (if different).
WARRANTIES AND LIABILITY:
- Starlight Fabrics warrant that any Products sold or Services provided will meet their agreed specifications or brief, however the supply of Products and Services are subject to usual trade tolerances (over or under in respect of weight, dimensions, colour or other measures of quality or performance).
- You warrant that all information You supply to Starlight Fabrics in connection with any order of Product, e.g. Fabric, Design, Fitting and Ancillary products, etc., or brief for the supply of Services is up to date and accurate and recognise that the ability of Starlight Fabrics to meet its obligations is dependent on that. If You do not supply important information and as a result Starlight Fabrics suffer any loss You will reimburse them for the
- Starlight Fabrics will not be liable to You if it is unable to meet any agreed obligation due to any “force majeure” event or “act of God” or any similar event such as War, strike, lockout, manufacturing delay, natural disaster, or other event beyond Starlight Fabrics control.
- No variation to any order or agreement to supply is binding on Starlight Fabrics unless it is in writing and signed by an authorised officer of Starlight Fabrics.
- If for any reason any terms or conditions of supply are considered at law to be unlawful or unenforceable a Court may disregard or vary the offending terms or conditions so that these terms and conditions are otherwise enforceable as they are
- If Starlight Fabrics do not act on any right it has or delays any action, doing so does not affect its ability at any other time to act on that right, nor its ability to act on any other
- In terms of the Privacy Act 1993 You authorise Starlight Fabrics to collect Your personal information from You If You do not provide this information that may affect Your ability to purchase Products or Services on credit terms.
- Starlight Fabrics are the owners of all intellectual property rights in respect of Products and Services. This includes designs, copyright, patents, “know–how” and confidential information about You will do all things reasonably required to assist Starlight Fabrics to protect or enforce these rights and You will not do anything that compromises or risks these rights. You will immediately advise Starlight Fabrics if You become aware of any person doing anything that may detrimentally affect Starlight Fabrics’ intellectual property rights in Products.
- Special conditions may be agreed for the supply of certain Products or Such special conditions will prevail if there is any inconsistency with these terms and conditions.