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Conditions Of Sale |
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1. PRICE AND PAYMENT
Payment
1.1 All flooring is sold with the buyer accepting the specifications and tolerances given by the manufacturer.
Taxes and Duties
1.2 Unless expressly included in any Quotation, GST and other taxes and duties relating to the supply of Goods to the Customer are not included in the Price and shall be payable by the Customer in addition to the Price at the rate(s) prevailing as at Delivery of the Goods.
2. RISK / DELIVERY
Risk
2.1 Risk of any loss, damage or deterioration of or to the Goods shall be borne by the Customer from the time the Goods are first placed by the Company into the possession of a Carrier for the purpose of Delivery.
3. WARRANTY AND LIMITATION OF LIABILITY
3.1 The Company will replace Goods or refund the price where it breaches the warranty in clause 3.2, subject to the condition in clause 3.4. The Company shall have no further liability to the Customer for consequential loss or otherwise.
3.2 The Company warrants that where it supplies timber for flooring it will supply Goods that:
(a) Match the species of timber ordered;
(b) Are of the dimensions ordered;
(c) Fit together;
(d) Are free from manufacturing defects i.e. not out of grade, not damaged;
(e) Have an average moisture content at time of delivery of 8 – 12%.
3.3 In the case of timber flooring with factory applied finishes, the Company shall have no liability to the customer apart from using its reasonable endeavours to obtain satisfaction under any warranty which the manufacturer has given to the Company (if any). (Manufacturers warranties are referred to in the product information details on the Company’s website www.dfd.net.nz)
3.4 All the items in Clause 3.2 a, b, c, d, e must be checked on site by the customer or their installer prior to installation proceeding. If the installation proceeds, the Company will have no further liability in relation to the issues warranted in Clause 3.2.
3.5 The Customer acknowledges and accepts that the Company has no responsibility whatsoever for installation or installation advice, nor for any loss or costs where flooring with defects or inappropriate moisture content has been installed.
3.6 In the event that the Customer fails to notify the Company in writing of a defect in Goods within 72 hours of discovery of that defect, the Company shall have no liability to remedy or compensate the defect.
4. CONTRACT
4.1 The provisions of any Quotation or in the Company's confirmation of an Order (if any) together with these terms, shall constitute the entire arrangement between the parties relating to the sale of the Goods by the Company to the Customer (referred to in this contract as "the Contract'). All other terms and conditions, whether expressed or implied, are excluded from the Contract.
5. GENERAL
Non Waiver
5.1 No waiver by the Company of any breach or failure to enforce any provision of the Contract shall in any way affect, limit or waive the Company's right to subsequently enforce and compel strict compliance with the Contract.
Partial Invalidity
5.2 If any provision of the Contract is or becomes invalid or unenforceable, that provision shall be deemed deleted from the Contract and such invalidity or unenforceability shall not affect the other provisions of the Contract, all of which shall remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provisions.
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