Terms & Conditions

Floor Court- Terms and Conditions of Trade

Please note that a larger print version of these terms and conditions is available from the Supplier on request.

1. Definitions

1.1. “Supplier” means Floor Court its successors and assigns or any person acting on behalf of and with the authority of Floor Court.

1.2. “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

1.3. “Goods” means all Goods or Services supplied by the Supplier to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4. “Price” means the Price payable for the Goods as agreed between the Supplier and the Customer in accordance with clause 3 below.

2. Acceptance

2.1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2. These terms and conditions may only be amended with the Supplier’s consent in writing and shall prevail to the extent of anyinconsistency with any other document or agreement between the Customer and the Supplier.

3. Price and Payment

3.1. At the Supplier’s sole discretion the Price shall be either:

(a) as indicated on any invoice provided by the Supplier to the Customer;

or

(b) the Supplier’s quoted price (subject to clause 3.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

3.2. The Supplier reserves the right to change the Price:

(a) if a variation to the Goods which are to be supplied is requested; or

(b) if a variation to the Services 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, availability of machinery, safety considerations, prerequisite work by any third party not being completed, obscured building defects etc) which are only discovered on commencement of the Services; or

(d) in the event of increases to the Supplier in the cost of labour or materials which are beyond the Supplier’s control.

3.3. At the Supplier’s sole discretion a 70% deposit may be required.

3.4. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Supplier, which may be:

(a) on delivery of the Goods;

(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;

(c) for certain approved Customers, due seven (7) days following the end of the month in which a statement is posted to the Customer’s address or address for notices, or emailed to the Customer’s email address, or for commercial client’s due on the 20th day of the month following the invoice being sent;

(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 Customer by the Supplier.

3.5. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card, or by any other method as agreed to between the Customer and the Supplier.

3.6. Unless otherwise stated the Price includes GST. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer 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.

4. Delivery of Goods

4.1. Delivery (“Delivery”) of the Goods is taken to occur at the time that:

(a) the Customer or the Customer’s nominated carrier takes possession of the Goods at the Supplier’s address; or

(b) the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

4.2. At the Supplier’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.

4.3. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.

4.4. The Supplier may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

4.5. Subject to clause 4.6 it is the Supplier’s responsibility to ensure that the Services start as soon as it is reasonably possible.

4.6. The Services commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that the Supplier claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond the Supplier’s control, including but not limited to any failure by the Customer to:

(a) make a selection; or

(b) have the site ready for the Services; or

(c) notify the Supplier that the site is ready.

4.7. Any time or date given by the Supplier to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and the Supplier will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

5. Risk

5.1. Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.

5.2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.

5.3. The Supplier will not accept responsibility for any damage to the floor due to microenvironments caused by air-conditioning, heating or large expanses of glass windows without curtains or blinds.

5.4. Whilst the Supplier will take all due care to avoid contamination of the finished surface, the Supplier accepts no responsibility for contamination by natural contaminates such as dust or hair which may be present at the worksite.

5.5. Where the Supplier is required to install the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Supplier shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.

5.6. The Client acknowledges that Goods supplied may:

(a) exhibit variations in shade, colour, texture, surface, finish, markings, and may 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.

6. Carpet Risk

6.1. The Customer acknowledges and accepts that;

(a) whilst carpet 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) carpet manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned product will match perfectly when installed; and

(c) the installation process for carpet may require seams and cross-joins. Such joins can appear to ‘peak’ and may be affected by the light source, but will usually subside over time. They are not a fault or defect in the Goods or in the installation, and the provisions of clauses 16 and 17 do not apply; and

(d) shading, ‘pooling’, ‘puddling’, or ‘watermarking’ occurs naturally in cut pile carpet and causes permanent irregular areas of light and dark. This is not considered to be a defect or manufacturing flaw, and the provisions of clauses 16 and 17 do not apply.

7. Vinyl or Cork Tile Flooring Risk

7.1. The Customer acknowledges and agrees that the Supplier shall not be liable for any loss, damages or costs however arising in the event that:

(a) a heavy or sharp object is dropped or falls on the vinyl; or

(b) an object is dragged across the vinyl; or

(c) the vinyl discolours or bubbles in areas due to exposure to extreme heat (including, but not limited to, conservatories and floor to ceiling windows).

7.2. The Supplier does not recommend vinyl to be installed over a floor that is a combination of wood and concrete, or expansion joints in concrete floors, as any movement, joint, seams in bison board, or thin line board will show through the vinyl.

7.3. The Customer acknowledges and agrees that vinyl will not fully seal a floor around the edges particularly around showers or baths; the Customer also agrees water can get underneath and therefore bubble and/or discolour the vinyl. The Supplier shall not be held liable for any loss, damages or costs however arising due to the same.

7.4. The Supplier hereby requests the Customer to remove any and all appliances in the installation area prior to the commencement of any Services. The Customer acknowledges and agrees that the Supplier shall not be held liable for any loss, damages or costs arising due to the Customer’s failure to comply with this clause.

7.5. The Supplier shall advise the Customer if the Supplier believes that there are any issues with the sub floor (including, but not limited to, moisture problems which may cause the vinyl to bubble and discolour) however the Customer acknowledges that it is not always possible to identify such problems therefore the Customer agrees that the Supplier shall not be held liable in any way whatsoever should any such issue go undetected causing damage to the Goods.

7.6. The Customer acknowledges that whilst floor levelling compound and floor preparation may help smooth out rough floors, this will not necessarily level a floor.

8. Customer’s Responsibilities

8.1. It is the Customer’s responsibility to;

(a) have all areas clean and clear to enable scheduled work to be completed in accordance with the schedule of installation; and

(b) remove all existing floor coverings, tacks and staples; and

(c) fully disclose any information that may affect the Supplier’s installation procedures (including, but not limited to, disclosing known breaks or tears in the membrane, extensions of existing slabs, thickened beams, curing compounds that may have been used, or the use of concrete over 25mpa); and

(d) ensure the sub-floor is adequately ventilated and is structurally sound; and

(e) ensure that the levels of the sub-floor are satisfactory (as the floor coverings can only follow the contours of the sub-floor and will not correct unevenness); and

(f) remove all items including, but not limited to, glassware, crockery, pot plants, furniture and ornaments. If the Supplier is required to move any items not already moved by the Customer, then all care will be taken but no responsibility will be accepted by the Supplier in this regard.

9. Access

9.1. The Customer shall ensure that the Supplier has clear and free access to the work site at all times to enable them to undertake the Services. The Supplier 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 the Supplier.

10. Title

10.1. The Supplier and the Customer agree that ownership of the Goods shall not pass until:

(a) the Customer has paid the Supplier all amounts owing to the Supplier; and

(b) the Customer has met all of its other obligations to the Supplier.

10.2. Receipt by the Supplier 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.

10.3. It is further agreed that:

(a) until ownership of the Goods passes to the Customer in accordance with clause 10.1 that the Customer is only a bailee of the Goods and must return the Goods to the Supplier on request.

(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand.

(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs.

(e) the Customer irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods.

(f) the Supplier may recover possession of any Goods in transit whether or not delivery has occurred.

(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier.

(h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

11. Customer’s Disclaimer

11.1. The Customer hereby disclaims any right to rescind, or cancel any contract with the Supplier or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by the Supplier and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.

12. Defects

12.1. The Customer shall inspect the Goods on delivery and shall within thirty (30) days of delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Supplier has agreed in writing that the Customer is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods.

12.2. Joint peaking, shading, pooling, puddling, or watermarking in carpet are naturally occurring phenomenon, and are not considered to be defects.

12.3. Goods will not be accepted for return other than in accordance with 12.1 above.

13. Warranty

13.1. Subject to the conditions of warranty set out in clause 13.2 the Supplier warrants that if any defect in any workmanship of the Supplier becomes apparent and is reported to the Supplier within six (6) months of the date of delivery (time being of the essence) then the Supplier will either (at the Supplier’s sole discretion) replace or remedy the workmanship.

13.2. The conditions applicable to the warranty given by clause 13.1 are:

(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

1. failure on the part of the Customer to properly maintain any Goods; or
2. failure on the part of the Customer to follow any instructions or guidelines provided by the Supplier; or

III. any use of any Goods otherwise than for any application specified on a quote or order form; or

1. the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
2. fair wear and tear, any accident or act of God.

(b) the warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Supplier’s consent.

(c) in respect of all claims the Supplier shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.

13.3. For Goods not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Supplier 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 the Goods.

13.4. This warranty does not extend to cover joint peaking, shading, pooling, puddling, watermarking, or other naturally occurring phenomenon in carpet.

13.5. To the extent permitted by statute, no warranty is given by the Supplier as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. The Supplier shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

14. Default and Consequences of Default

14.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of three and a half percent (3.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

14.2. If the Customer owes the Supplier any money the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).

14.3. Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods to the Customer. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.

14.4. Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:

(a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to make a payment when it falls due;

(b) the Customer 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

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

15. Cancellation

15.1. The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any money paid by the Customer for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.

15.2. In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).

15.3. Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

16. Privacy Act 1993

16.1. The Customer authorises the Supplier or the Supplier’s agent to:

(a) access, collect, retain and use any information about the Customer;

1. (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
2. for the purpose of marketing products and services to the Customer.

(b) disclose information about the Customer, whether collected by the Supplier from the Customer directly or obtained by the Supplier 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 Customer.

16.2. Where the Customer is an individual the authorities under clause 16.1 are authorities or consents for the purposes of the Privacy Act 1993.

16.3. The Customer shall have the right to request the Supplier for a copy of the information about the Customer retained by the Supplier and the right to request the Supplier to correct any incorrect information about the Customer held by the Supplier

17. General

17.1. The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’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.

17.2. 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.

17.3. The Supplier shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

17.4. 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 Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.

17.5. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

17.6. The Customer agrees that the Supplier may amend these terms and conditions at any time. If the Supplier makes a change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Supplier to provide Goods to the Customer.

17.7. 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.

17.8. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

18. Guarantee

18.1. If the customer is a company or family trust, the directors of the company, or trustees of the family trust agree to be personally liable for the companies or trust’s obligations under these terms and conditions of trade