1 Definitions
1.1 In these conditions unless the context otherwise requires:
“Customer” and “you” means the person, or company buying the goods from LouvreKit.
“Contract” means the contract between LouvreKit and the Customer for the purchase of the goods.
“Contract price” means the price of goods as agreed between the Customer and LouvreKit.
“Goods” and “services” means the products and/or services supplied by LouvreKit
“LouvreKit” and “we” means LouvreKit Limited or any agents or employees thereof
“Person” includes a corporation, association, firm, company, partnership or individual.
“Quotation” means the price on offer for a fixed term.
2 Acceptance
2.1 If any instruction is received by LouvreKit from the Customer for the supply of products, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer, the terms and conditions are definitive and binding.
3 Terms and Conditions
3.1 These terms and conditions and any subsequent terms and conditions issued by LouvreKit shall apply to all orders for the goods and the services made by the Customer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Customer. It shall be LouvreKit responsibility to ensure that these conditions are promptly brought to the attention of the Customer, and accordingly any order made by the Customer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
4 Price and Payment
4.1 Price is subject to change without notice as displayed at www.louvrekit.co.nz.
4.2 The method of payment will be made by online options as displayed on www.louvrekit.co.nz.
5 No Allowance
5.1 LouvreKit engineering design has not made allowance for fixed or temporary screens to be added enclosing the structure.
6 Your Responsibilities
6.1 Any building regulatory requirements as per the council, including any building code or building consent processes, such as fixings to the house or building (ie; brackets or bolts to rafters or soffit), or and concrete footings, and water drainage requirements are the responsibility of the Customer.
7 Delivery
7.1 LouvreKit shall not be liable for any failure or delay in delivery caused by any event beyond LouvreKit’s control.
7.2 Risk in goods supplied will pass to the Customer when the goods are delivered to the delivery point.
8 Surface Coating
8.1 The Customer understands, acknowledges and accepts that:
(a) Powder coat varies in grade and quality from “Polyester Powders” to “High Performance Polyester Powders”. “High Performance Polyester Powders” will retain their original colour and gloss for substantially longer periods than will standard “Polyester Powders”. LouvreKit provides no guarantee for “Polyester Powders” retaining their original colour and gloss; and
(b) Powder coat surface finish defects and blemishes which are readily apparent to the naked eye at a distance of two meters are considered acceptable.
9 Privacy Act 1993
9.1 The Customer authorises LouvreKit to collect, retain and use personal information about the Customer for the following purposes:
9.2 Assessing the Customers credit worthiness, Disclosing to a third party, details of this application and any subsequent dealings it may have with LouvreKit for the purpose of recovering amounts payable by the Customer and providing credit references.
9.3 Marketing goods & services provided by LouvreKit.
9.4 LouvreKit may request to take photographs of installed products for use in LouvreKit marketing and advertising material.
10 Business Transactions
10.1 Where we are supplying goods for the purposes of a business, then to the maximum extent permitted by law, all guarantees, warranties, rights, or remedies implied by the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and any other guarantees, warranties, provisions that would otherwise be implied by statute or rule of law are expressly excluded.
11 Warranty
11.1 Subject to the below conditions, a LouvreKit 3 Year Manufacturer’s warranty applies. LouvreKit warrants the covered goods to be free of all defects in material for 3 years. LouvreKit will repair or replace, free of charge; any part proving defective in material which you notify to us in writing within 3 years of the date of our invoice.
11.2 We reserve the right in our sole discretion to repair or replace defective part. We will use all reasonable endeavours to enforce any guarantees or warranties given by the manufacturer of goods supplied by us.
12 Exclusions and Limitations
12.1 Our total liability for any loss arising from any defect or noncompliance of the goods or any other breach by us of our obligations under the contract will not in any circumstances exceed the original contract price.
12.2 We will not be liable for:
(a) defects caused by improper installation. Our installation instructions must have been strictly followed, and the goods installed in accordance with the relevant building codes, the relevant statutory and local authority requirements, and in a good tradesman like manner;
(b) defects that have been caused by accident, abuse, neglect, misuse, environmental conditions, Acts of God, or vermin;
(c) any consequential indirect or special damage or loss of any kind ; or
(d) any loss caused by your servants, agents or any other persons whatsoever.
12.3 Louvre Kit Roof Systems may not always be 100% waterproof in all situations, accordingly, we do not take responsibility for items that could be water damaged; this is at the Customer’s risk.
12.4 You will indemnify us against any claim by your servants, agents or other persons in respect of any loss arising from any defect in or noncompliance of the goods or in respect to any other matter whatsoever.
12.5 No warranty, condition or guarantee either express or implied is given by us as to the quality, state or condition of any goods or as to their appearance, content or fitness for any particular purpose.
12.6 Where any defective good is repaired or replaced under warranty, the balance of the original warranty will remain effective. The replacement good or part does not carry any warranty.
13 Making a Warranty Claim
13.1 If you wish to make a claim under your warranty please provide us with full details directly to us at sales@louvrekit.co.nz including:
• A complete description of the problem;
• A copy of your invoice, or other proof of purchase; and
• Your contact details including the address where the product is located and the best daytime contact number.
Once we receive and review your claim, we may contact you for further information. Once we have assessed the claim and determined that it is the result of a defect covered by the warranty, we will arrange for the repair or replacement that we determine to be the best solution. We may require you to return the goods, and you must pay the expenses for such return.
14 Dispute resolution
14.1 LouvreKit will endeavour to resolve any dispute between the Customer and itself without the need for Court proceedings. Any such attempt is without legal prejudice. No claim relating to the goods and services (except for a warranty claim) will be considered unless made within fourteen days of delivery.
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