Amazing Interiors Limited – Terms & Conditions of Trade
1. Definitions
1.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2 “Amazing” means Amazing Interiors Limited, its successors and assigns or any person acting on behalf of and with the authority of Amazing Interiors Limited.
1.3 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting Amazing to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(c) includes the Client’s executors, administrators, successors and permitted assigns.
1.4 “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by Amazing in the course of it conducting, or supplying to the Client, any Services.
1.5 “Services” mean all Services (including, but not limited to, consultation, design, sourcing materials, etc.) supplied by Amazing to the Client at the Client’s request from time to time.
1.6 “Furnishings” shall mean all drapes, furniture and/or equipment (including any accessories) supplied on hire or for purchase by Amazing to the Client (and where the context so permits shall include any incidental supply of services). The Furnishings shall be as described on the invoices, quotation, Furnishings Hire Agreement, or any other form as provided by Amazing to the Client.
1.7 “Bond’ shall mean the fee payable at the commencement of the Hire Period, which shall be refunded to the Client upon return of the Furnishings to Amazing on the agreed date, and in a condition satisfactory to Amazing.
1.8 “Minimum Hire Period” shall mean the Minimum Hire Period as described on the invoices, quotation, Furnishings Hire Agreement, or any other forms as provided by Amazing to the Client.
1.9 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.10 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when ordering from the website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Services via the website.
1.11 “Price” means the price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Services as agreed between Amazing and the Client in accordance with clause 6 of this Contract.
2. Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services/Furnishings provided by Amazing.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 The Client acknowledges that the supply of Furnishings on credit shall not take effect until the Client has completed a credit application with Amazing and it has been approved with a credit limit established for the account.
2.5 In the event that the supply of Furnishings requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Amazing reserves the right to refuse Delivery.
2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.
2.7 These terms and conditions may be meant to be read in conjunction with Amazing’s Furnishings Hire Form, and:
(a) where the context so permits, the terms ‘Services’ or ‘Incidental Items’ shall include any supply of Furnishings, as defined therein; and
(b) if there are any inconsistencies between the two documents then the terms and conditions contained therein shall prevail.
2.8 These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on Amazing’s website. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
2.9 If Amazing has been requested by the Client to prepare a quotation or complete an initial consultation that involves multiple site visits, meetings or third party involvement, then all costs for such visits, meetings and third party costs involved will be charged to the Client irrespective of whether or not the Services or procurement of Furnishings go ahead. In this case, it shall be deemed that the Services have been concluded.
3. Errors and Omissions
3.1 The Client acknowledges and accepts that Amazing shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by Amazing in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Amazing in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Amazing; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
4. Change in Control
4.1 The Client shall give Amazing not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by Amazing as a result of the Client’s failure to comply with this clause.
5. On-Line Ordering
5.1 The Client acknowledges and agrees that:
(a) Amazing does not guarantee the website’s performance;
(b) display on the website does not guarantee the availability of any particular Furnishings; therefore, all orders placed through the website shall be subject to confirmation of acceptance by Amazing;
(c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
(d) there are inherent hazards in electronic distribution, and as such Amazing cannot warrant against delays or errors in transmitting data between the Client and Amazing including orders, and the Client agrees that to the maximum extent permitted by law, Amazing will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
(e) when making a transaction through the website, the Client’s Personal Information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by Amazing and/or displayed on the website. The encryption process ensures that the Client’s Personal Information cannot be read by or altered by outside influences;
(f) if the Client is not the cardholder for any credit card being used to pay for the Furnishings, Amazing shall be entitled to reasonably assume that the Client has received permission from the cardholder for use of the credit card for the transaction.
5.2 Amazing reserves the right to terminate the Client’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of Amazing’s business, or violated these terms and conditions.
6. Price and Payment
6.1 At Amazing’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Amazing to the Client; or
(b) the Price as at the date of delivery of the Services/Furnishings according to Amazing’s current price list; or
(c) Amazing’s quoted price (subject to clause 6.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days. Acceptance of the quotation is to be posted or emailed to the appropriate address noted on the quotation. Quotations for staging includes delivery setup and removal back to Amazing’s base.
6.2 Amazing reserves the right to change the Price:
(a) if a variation to the Services/Furnishings which are to be supplied is requested; or
(b) if a variation to the Services/Furnishings originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to accessing the site, safety considerations, prerequisite work by a third party not being completed, change of design, availability of specialty items ordered or other stock availability, inaccurate curtain measurements and hanging, etc.) which are only discovered on commencement of the Services; or
(d) in the event of increases to Amazing in the cost of labour, materials or Furnishings (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond Amazing’s control.
6.3 Variations will be charged for on the basis of Amazing’s quotation, and will be detailed in writing, and shown as variations on Amazing’s invoice. The Client shall be required to respond to any variation submitted by Amazing within ten (10) working days. Failure to do so will entitle Amazing to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 6.4 At Amazing’s sole discretion a non-refundable deposit of up to fifty percent (50%) of the Price may be required for:
(a) curtains and Furnishings sales; and/or
(b) specially made or ordered items.
6.5 Amazing shall be entitled to charge the Client a Bond at the commencement of the Hire Period. The Bond amount will:
(a) be stipulated at the time of the order of the Furnishings and shall become immediately due and payable; and
(b) be returned to the Client at the end of the Hire Period provided that the Furnishings are (subject to clause 28.1) collected by Amazing in the same condition in which they were hired (according to clause 29.1(d)), and on the agreed date as per the specified Hire Period. Amazing reserves the right to retain the Bond if the Furnishings are not returned in the condition in which they were hired and on the agreed date.
6.6 Time for payment for the Services/Furnishings being of the essence, the Price will be payable by the Client on the date/s determined by Amazing, which may be:
(a) on delivery of the Services/Furnishings;
(b) before delivery or provision of the Services/Furnishings;
(c) for certain approved Client’s, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Amazing.
6.7 Amazing may in its discretion allocate any payment received from the Client towards any invoice that Amazing determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Amazing may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Amazing, payment will be deemed to be allocated in such manner as preserves the maximum value of Amazing’s Purchase Money Security Interest (as defined in the PPSA) in the Furnishings.
6.8 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Amazing.
6.9 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Amazing nor to withhold payment of any invoice because part of that invoice is in dispute.
6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Amazing an amount equal to any GST Amazing must pay for any supply by Amazing under this or any other contract for providing Amazing’s Services/hire of the Furnishings. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
7. Delivery of Services/Furnishings
7.1 At Amazing’s sole discretion delivery of the Services/Furnishings shall take place when:
(a) the Services/Furnishings are supplied to the Client at Amazing’s address; or
(b) the Services/Furnishings are supplied to the Client at the Client’s nominated address.
7.2 Subject to clause 7.3 it is Amazing’s responsibility to ensure that the onsite Services (including project management or styling) start as soon as it is reasonably possible.
7.3 The Services’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Amazing claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond Amazing’s control, including but not limited to any failure by the Client to:
(a) make a selection; or
(b) have the site ready for the Services; or
(c) notify Amazing that the site is ready.
7.4 At Amazing’s sole discretion, the cost of delivery is in addition to the Price.
7.5 Delivery of the Services/Furnishings to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this Contract.
7.6 Where the Client requires a booking change, the Client shall provide Amazing with a minimum of forty-eight (48) hours’ written notice of such change.
7.7 The Client shall ensure that once secure set of keys are available. Amazing’s recommendation is that when a builder has completed the building construction that all locks are changed to ensure there is no access by former trades for security purposes. Such responsibility and cost shall be to the Client and/or building owner.
7.8 Any time specified by Amazing for delivery of the Services/Furnishings is an estimate only and Amazing will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Services/Furnishings to be supplied at the time and place as was arranged between both parties. In the event that Amazing is unable to supply the Services/Furnishings as agreed solely due to any action or inaction of the Client then Amazing shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.
8. Procurement of Materials at the Client’s Request
8.1 Where the Client requests Amazing to procure materials as part of the provision of Services, the Client acknowledges and accepts:
(a) such procurement is outside the scope of Amazing’s showroom, home staging stock or suppliers unless an agreement is agreed by both parties and:
(i) that sufficient notice is required for indent orders or where lead times may apply;
(ii) that such time involved by Amazing shall be charged at Amazing’s current standard hourly rate; and
(iii) that materials received may exhibit variations in shade, colour, texture, surface and finish, markings, veining and contain natural fissures, occlusions, and indentations and as such may fade or change colour over time. Amazing will make every effort to match batches of product supplied or match sales samples to the finished materials in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur including any variation of the colour or texture between different batches of product.
9. Risk
9.1 Irrespective of whether Amazing retains ownership of any Incidental Items or Furnishings being purchased, all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as Amazing may repossess the Incidental Items/Furnishings in accordance with clause 14.3(f). The Client must insure all Incidental Items/Furnishings on or before delivery.
9.2 Amazing reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items/Furnishings as a result of the Client’s failure to insure in accordance with clause 9.1.
9.3 The Client warrants that the plans, specifications (including CAD plans) and other information provided by the Client to Amazing are accurate. The Client acknowledges and agrees that in the event that any plans, specifications (including CAD plans) or information provided by the Client is inaccurate:
(a) Amazing accepts no responsibility or liability for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information;
(b) Amazing is entitled to suspend or terminate the supply of Services/Furnishings to the Client if there is a material change to the scope of Services as a result of inaccurate plans, specifications or other information;
(c) the Client shall be liable for Amazing’s costs of de-mobilisation or re-mobilisation of any plant, equipment or staff to or from the site, upon the re-commencement of the Services at the site, if applicable; and
(d) Amazing will not be liable to the Client for any loss or damage the Client suffers because Amazing has exercised its rights under this clause.
9.4 The Client acknowledges and accept that:
(a) whilst wallpaper and fabric manufacturers make every effort to match dye lots, colours or shade may vary between batches of product and/or between sales samples and actual product supplied; and
(b) wallpaper and fabric manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned product will match perfectly when applied/installed; and
(c) the application/installation process for fabric may require seams and cross-joins and that the appearance of these may be affected by light source and in particular the construction of the chosen product.
9.5 The Client acknowledges that recommended materials supplied may:
(a) fade or change colour over time; and
(b) expand, contract or distort as a result of exposure to heat, cold, weather; and
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching; and
(e) show variations of texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations. Whilst Amazing will make every effort to match sales samples to the finished materials that Amazing accepts no liability whatsoever:
(i) where such samples differ to the finished materials supplied; or
(ii) for any loss, damages or costs howsoever arising resulting from any texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations between different batches of product.
10. Client’s Responsibilities
10.1 The Client agrees to remove any furniture, furnishings or personal goods from the vicinity of the Services (if applicable) and agrees that Amazing shall not be liable for any damage caused to those items through the Clients failure to comply with this clause.
10.2 Where specifically required, the Client, vendor or vendor’s agent, shall ensure all power and water is accessible prior to Amazing’s entry to the site.
11. Access
11.1 The Client shall ensure that Amazing (and where applicable, any of Amazing’s contractors) has clear and free access to the site at all times to enable them to undertake the Services. Amazing shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Amazing.
12. Underground Locations
12.1 Prior to Amazing commencing any work the Client must advise Amazing of the precise location of all underground services on the site and clearly mark the same. The underground mains and services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
12.2 Whilst Amazing will take all care to avoid damage to any underground services the Client agrees to indemnify Amazing in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 12.1.
13. Compliance with Laws
13.1 The Client and Amazing shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services including any WorkSafe health and safety laws relating or any other relevant safety standards or legislation pertaining to the Works.
13.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services. 13.3 Notwithstanding clause 13.1 and pursuant to the Health & Safety at Work Act 2015 (the “HSW Act”) Amazing agrees at all times comply with sections 28 and 34 of the “HSW Act” with meeting their obligations for health and safety laws in the workplace regardless of whether they may be the party in control of the site or where they may be acting as a sub-contractor for the Client who has engaged a thirty party head contractor.
14. Title to Incidental Items and Furnishings for Purchase
14.1 Amazing and the Client agree that where it is intended that ownership of Incidental Items/Furnishings is to pass to the Client that such ownership shall not pass until:
(a) the Client has paid Amazing all amounts owing to Amazing; and
(b) the Client has met all other obligations due by the Client to Amazing in respect of all Contracts between Amazing and the Client.
14.2 Receipt by Amazing of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Amazing’s ownership or rights in respect of the Incidental Items/Furnishings shall continue.
14.3 It is further agreed that, until ownership of the Incidental Items/Furnishings passes to the Client in accordance with clause 14.1:
(a) the Client is only a bailee of the Incidental Items/Furnishings and must return the Incidental Items/Furnishings to Amazing immediately upon request by Amazing;
(b) the Client holds the benefit of the Client’s insurance of the Incidental Items/Furnishings on trust for Amazing and must pay to Amazing the proceeds of any insurance in the event of the Incidental Items/Furnishings being lost, damaged or destroyed;
(c) the Client must not sell, dispose, or otherwise part with possession of the Incidental Items/Furnishings. If the Client sells, disposes or parts with possession of the Incidental Items/Furnishings then the Client must hold the proceeds of sale of the Incidental Items/Furnishings on trust for Amazing and must pay or deliver the proceeds to Amazing on demand;
(d) the Client should not convert or process the Incidental Items/Furnishings or intermix them with other goods, but if the Client does so then the Client holds the resulting product on trust for the benefit of Amazing and must dispose of or return the resulting product to Amazing as Amazing so directs;
(e) the Client shall not charge or grant an encumbrance over the Incidental Items nor grant nor otherwise give away any interest in the Incidental Items/Furnishings while they remain the property of Amazing;
(f) the Client irrevocably authorises Amazing to enter any premises where Amazing believes the Incidental Items/Furnishings are kept and recover possession of the Incidental Items/Furnishings.
15. Personal Property Securities Act 1999 (“PPSA”)
15.1 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Furnishings and/or collateral (account) – being a monetary obligation of the Client to Amazing for Services – that have previously been supplied and that will be supplied in the future by Amazing to the Client.
15.2 The Client undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Amazing may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, Amazing for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Furnishings charged thereby;
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Furnishings and/or collateral (account) in favour of a third party without the prior written consent of Amazing; and
(d) immediately advise Amazing of any material change in its business practices of selling Furnishings which would result in a change in the nature of proceeds derived from such sales.
15.3 Amazing and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
15.4 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
15.5 Unless otherwise agreed to in writing by Amazing, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
15.6 The Client shall unconditionally ratify any actions taken by Amazing under clauses 15.1 to 15.5.
15.7 Subject to any express provisions to the contrary (including those contained in this clause 15), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
15.8 Only to the extent that the hire of the Furnishings exceeds a six (6) month hire period with the right of renewal shall clause 15 apply as a security agreement in the form of a PPS Lease in respect of Section 36 of the PPSA, in all other matters this clause 15 will apply generally for the purposes of the PPSA.
16. Security and Charge
16.1 In consideration of Amazing agreeing to supply Services/Furnishings, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
16.2 The Client indemnifies Amazing from and against all Amazing’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Amazing’s rights under this clause.
16.3 The Client irrevocably appoints Amazing and each director of Amazing as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 16 including, but not limited to, signing any document on the Client’s behalf.
17. Defects
17.1 The Client shall inspect the Furnishings on delivery and shall within three (3) days of delivery (time being of the essence) notify Amazing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Amazing an opportunity to inspect the Furnishings within a reasonable time following delivery if the Client believes the Furnishings are defective in any way. If the Client shall fail to comply with these provisions the Furnishings shall be presumed to be free from any defect or damage. For defective Furnishings, which Amazing has agreed in writing that the Client is entitled to reject, Amazing’s liability is limited to either (at Amazing’s discretion) replacing or repairing the Furnishings.
17.2 Furnishings will not be accepted for return for any reason other than those specified in clause 17.1 above (or in the case of Furnishings on hire, normal termination of Furnishings hire in accordance with the full terms and conditions herein).
18. Return of Defective Furnishings
18.1 Returns of defective Furnishings will only be accepted provided that:
(a) the Client has complied with the provisions of clause 17.1; and
(b) Amazing has agreed in writing to accept the return of the Furnishings; and
(c) the Goods are returned at the Client’s cost within seven (7) days of the delivery date; and
(d) Amazing will not be liable for Furnishings which have not been stored or used in a proper manner; and
(e) the Furnishings are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
18.2 Subject to clause 17.1, non-stocklist items or Furnishings made to the Client’s specifications are under no circumstances acceptable for credit or return.
19. Warranty
19.1 For Goods not manufactured by Amazing, the warranty shall be the current warranty provided by the manufacturer of the Furnishings. Amazing shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of Amazing.
19.2 In the case of second hand Furnishings, the Client acknowledges that full opportunity to inspect the same has been provided and accepts the same with all faults and that no warranty is given by Amazing as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Amazing shall not be responsible for any loss or damage to the Furnishings, or caused by the Furnishings, or any part thereof however arising.
20. Consumer Guarantees Act 1993
20.1 If the Client is acquiring Furnishings for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Furnishings by Amazing to the Client.
21. Intellectual Property
21.1 Where Amazing has designed, drawn or developed Incidental Items/Furnishings for the Client, then the copyright in any Incidental Items shall remain the property of Amazing. Under no circumstances may such designs, drawings and documents be used without the express written approval of Amazing. Furthermore, any ideas, images and/or fabric swatches remain Amazing’s property and cannot be used to engage the services with another provider within the industry.
21.2 The Client warrants that all designs, specifications or instructions given to Amazing will not cause Amazing to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Amazing against any action taken by a third party against Amazing in respect of any such infringement.
21.3 The Client agrees that Amazing may (at no cost) use for the purposes of marketing or entry into any competition, any Incidental Items/Furnishings which Amazing has created for the Client.
22. Default and Consequences of Default
22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Amazing’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
22.2 If the Client owes Amazing any money the Client shall indemnify Amazing from and against all costs and disbursements incurred by Amazing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Amazing’s contract default fee, and bank dishonour fees).
22.3 Further to any other rights or remedies Amazing may have under this Contract, if a Client has made payment to Amazing, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Amazing under this clause 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
22.4 Without prejudice to Amazing’s other remedies at law Amazing shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Amazing shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Amazing becomes overdue, or in Amazing’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client has exceeded any applicable credit limit provided by Amazing;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
23. Cancellation
23.1 Without prejudice to any other remedies Amazing may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Amazing may suspend or terminate the supply of Services/Furnishings to the Client. Amazing will not be liable to the Client for any loss or damage the Client suffers because Amazing has exercised its rights under this clause.
23.2 Amazing may cancel any Contract to which these terms and conditions apply or cancel delivery of Services/Furnishings at any time before the Services/Furnishings are commenced by giving forty-eight (48) hours’ written notice to the Client. On giving such notice Amazing shall repay to the Client any money paid by the Client for the Services/Furnishings. Amazing shall not be liable for any loss or damage whatsoever arising from such cancellation.
23.3 In the event that the Client cancels delivery of the Services/Furnishings the Client shall be liable for any and all loss incurred (whether direct or indirect) by Amazing as a direct result of the cancellation (including, but not limited to, any loss of profits). Furthermore, the Client shall provide Amazing with a minimum of forty-eight (48) hours’ written notice of intention of cancellation.
24. Privacy Policy
24.1 All emails, documents, images or other recorded information held or used by Amazing is Personal Information as defined and referred to in clause 24.3 and therefore considered confidential. Amazing acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area “EEA” then the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Amazing acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Amazing that may result in serious harm to the Client, Amazing will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
24.2 Notwithstanding clause 24.1, privacy limitations will extend to Amazing in respect of Cookies where transactions for purchases/orders transpire directly from Amazing’s website. Amazing agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to Amazing when Amazing sends an email to the Client, so Amazing may collect and review that information (“collectively Personal Information”)
24.3 The Client authorises Amazing or Amazing’s agent to:
(a) access, collect, retain and use any information about the Client;
(i) (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
(ii) for the purpose of marketing products and services to the Client.
(b) disclose information about the Client, whether collected by Amazing from the Client directly or obtained by Amazing from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
24.4 Where the Client is an individual the authorities under clause 24.3 are authorities or consents for the purposes of the Privacy Act 1993.
24.5 The Client shall have the right to request Amazing for a copy of the Personal Information about the Client retained by Amazing and the right to request Amazing to correct any incorrect Personal Information about the Client held by Amazing. In order to enable / disable the collection of Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order via Amazing’s website.
25. Service of Notices
25.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this Contract;
(c) by sending it by registered post to the address of the other party as stated in this Contract;
(d) if sent by email to the other party’s last known email address.
25.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
26. Trusts
26.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Amazing may have notice of the Trust, the Client covenants with Amazing as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of Amazing (Amazing will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.
27. General
27.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
27.2 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 Auckland Courts.
27.3 Amazing shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Amazing of these terms and conditions (alternatively Amazing’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Furnishings purchased or on hire).
27.4 Amazing may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
27.5 The Client cannot licence or assign without the written approval of Amazing.
27.6 Amazing may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Amazing’s sub-contractors without the authority of Amazing.
27.7 The Client agrees that Amazing may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Amazing to provide Goods to the Client.
27.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
27.9 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them. Additional Terms & Conditions Applicable To Furnishings Hire Only
28. Hire Period
28.1 Hire charges shall commence from the time the Furnishings are delivered to the Client’s nominated address, and will continue until the Client notifies Amazing that the Furnishings are to be collected, and/or until the expiry of the Minimum Hire Period, whichever last occurs. The Client acknowledges and agrees that Amazing may be entitled to delay collection of the Furnishings, and in such instance any additional standard hire charges for the Client’s extended possession of the Furnishings shall not be applicable.
28.2 The Client acknowledges and accepts that:
(a) reduction of the hire period by the Client shall not vary the terms of this Contract; and
(b) any extension of the hire period shall be at the agreed weekly hire rate as shown on the Furnishings Hire Form and shall be payable on invoice.
29. Furnishings Hire
29.1 The Client shall:
(a) keep the Furnishings in their own possession and control and shall not assign the benefit of the Furnishings, pledge Amazing’s credit for repairs to the Furnishings, nor be entitled to take a lien over the Furnishings;
(b) not use the Furnishings for personal use as they are only for display purposes and non-functional use. Amazing shall not be held liable for any damage or injury incurred by the Client should the Client or any other party suffer as a result of the Client’s failure to comply with this clause;
(c) not alter or make any additions to the Furnishings including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Furnishings or in any other manner interfere with the Furnishings;
(d) keep the Furnishings, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance instructions as advised by Amazing to the Client.
29.2 The Client accepts full responsibility for the safekeeping of the Furnishings and the Client agrees to insure, or self-insure, Amazing’s interest in the Furnishings and agrees to indemnify Amazing against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Furnishings. Further the Client will not use the Furnishings nor permit it to be used in such a manner as would permit an insurer to decline any claim. Where the Client fails to comply with this clause, then the Client shall be liable for any excess where Amazing is required to make a claim.
29.3 Subject to clause 29.2, at the sole discretion of Amazing, Amazing may opt to insure the Furnishings (with the exception of outdoor furniture which is not insured) where a working alarm is installed at the premises of where the Furnishings are to be displayed.
29.4 The supply of Furnishings to an adjacent property at the Client’s request shall only be performed by Amazing and is subject to: (a) a site inspection; and (b) a charge shall apply for such Services.
29.5 Amazing reserves the right to charge a fee:
(a) for making such alterations where an alteration to the existing presentation of the Furnishings at a property is requested;
(b) for any additional site visits upon completion of the property presentation.
30. Artworks
30.1 All artworks will be professionally and securely installed. The Client accepts that this will involve fastening hooks into the walls. These hooks will not be removed on completion of the hire period and should the Client prefer that no artworks be installed, the Client shall provide Amazing with written notification of such request.
31. Title to Furnishings
31.1 The Furnishings shall at all times remain the property of Amazing and may be collected by Amazing on notification of such intention to the Client.
31.2 If the Client fails to return the Furnishings to Amazing then Amazing or Amazing’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Furnishings are situated and take possession of the Furnishings, without being responsible for any damage thereby caused.
31.3 In the event that the Furnishings are not returned to Amazing in the condition in which it was delivered Amazing retains the right to charge the Client the full cost of repairing the Furnishings. In the event the Furnishings are not returned at all and Amazing is unable to repossess the Furnishings as per clause 31.2 then Amazing shall have right to charge the Client the full cost of replacing the Furnishings.
APPRO
HOW IT WORKS
Our appro service is available in-store only upon request for any small homeware items, cushions, or accessories. Amazing Interiors staff will fill out a form with the items taken on appro, as well as record your details and visa information. If you decide to keep these items, please come into the shop and pay or alternatively, contact us within 24 hours and we will send you an invoice payable immediately. If the items you take home on appro are not what you are after - bring them back into our store the following day.
CONDITIONS
Any item purchased on approval must be returned to our Picton Street Howick store or our Outlet Store within 24 hours (or by the end of the following day)*, only if the item is received in the same condition as sold in.
Appro is not available on sale items.
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NOT AVAILABLE ON ONLINE PURCHASES
*flexibility with return times can be negotiated at our discretion for certain circumstances, ie. for those who live out of town.
