General Terms and Conditions of Furniture Zone for Business

What is Furniture Zone for Business

On being accepted as a Furniture for Business member, this is not a 20th-of-the-month account. If you wish to apply for a trading account, please email [email protected] asking for a trade application. This application is subject to trade references and normal credit history checks. On joining Furniture Zone for Business, you assess Trade rates to purchase products, and the terms of trade are COD.

Shipping charges variation

Commercial shipping rates to business premises are different from rates to domestic addresses. Your shipping, whether domestic address or commercial, must be disclosed at the order so freight is correctly charged. Any freight costs through nondisclosure of address classification will be charged back to the customer, and you will be liable for all extra freight costs.

Warranties

The warranty is invalid for commercial use for all goods purchased for B2B purposes; if it is B2BC, standard warranties apply.

Times Frames

After the order has been processed and collected, delivered within 7 working days for North Island and 10 working days for the South Island.

Shipping Locations

Excludes shipping to the Chatham Islands, Great Barrier, and Stewart Islands.

Tracking

All shipments are tracked and can be located in your account. We can also provide this service if you wish to receive text message notifications.

Damages and Returns

All shipping damages must be reported within 24 hours. This can be done through email.

[email protected].

We don’t offer change of mind. All purchases are final. If, for whatever reason, you want to return the goods, you could be charged a 15 percent restocking fee and return freight charges.

Delays

At times of the year, there can be delays in shipping, Christmas & New Year, and bad weather conditions.

Conditions of Trade for business customers

1. Definitions

1.1 “Account” means a Furniture Zone 2019 Ltd business account.

1.2 “Goods” has the same meaning as in section 119 of the Contract and Commercial Law Act 2017 and are Goods that we supply to you (and where the context so permits includes any supply of Services (defined below).

1.3 “Price” means the cost of the Goods as agreed between you and us, subject to clause 4 of these terms and conditions.

1.4 “Services” means all services we supply to you and includes any advice or recommendations (and where the context permits, includes any supply of Goods as defined above).

1.5 “We,” “us,” or “our” means Furniture Zone 2019 Ltd and its successors and assigns,on behalf of the applicant and with its authority.

2. Acceptance

2.1 If you apply for an Account or give us any instructions for the supply of Goods or Services, you are deemed to have accepted these terms and conditions.

2.2 None of our agents or representatives are authorised to make any representations, statements, conditions or agreements that are not confirmed by one of our senior managers in writing, nor do any such unauthorised statements bind us.

3. Goods

3.1 The Goods or Services will be as described on the invoices, quotation, authority to supply, or any other sales forms we have provided. We will not accept instructions from you for the

supply of Goods or Services.

4. Price and Payment

4.1 At our sole discretion, the Price of the Goods or Services will be;

(a) as indicated on invoices or Account statements that we have provided to you in respect of

Goods supplied; or

(b) our current Price at the date of delivery of the Goods or provision of the Services; or

(c) our quoted Price (unless otherwise specified on a quotation, we agree to be bound by if you accept it within one calendar month of the date of quotation).

4.2 You must pay for the Goods or Services:

(a) in full at the time of purchase in cash or by any of the following debit or credit cards: Visa or Mastercard. If you are using a credit card to process a transaction, you represent and warrant

that the credit card is issued in your name and that you will pay the issuer all charges

incurred through the use of the transaction processing service

4.3 If we expressly exclude GST and other taxes and duties in the Price advertised or quoted, you must pay GST and other taxes as an additional amount on all Prices.

5. Delivery of Goods

5.1 You must arrange to take delivery of the Goods whenever they are made available, or

we will arrange to deliver them to you at your cost.

5.2 Subject to these terms and conditions, if we agree to send the Goods to you at your expense, then:

(a) you must pay us the delivery charges on the date for payment of the Price, and (b) delivery of the Goods to the address you have nominated for that purpose is deemed to be a delivery of the Goods to you.

5.3 We may deliver the Goods in separate installments. We will invoice you, and you must pay for each separate installment in accordance with these terms and conditions.

5.4 We are not liable for any loss or damage due to our failure to promptly deliver the Goods (or any of them).

5.5 Notwithstanding that we may have delayed or failed to deliver the Goods (or any of them)

promptly you must accept delivery and pay for the Goods in full, provided that delivery is tendered at any time within one month of the delivery date.

6. Risk

6.1 Risk in the Goods passes from us to you on delivery.

6.2 If any of the Goods are damaged or destroyed before property in them passes to you, we are entitled, without prejudice to any of our other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the Price has become payable under these terms and conditions. Our production of these terms and conditions is sufficient evidence of our rights to receive the insurance proceeds without the need for anyone dealing with us to make further enquiries. We will apply the insurance proceeds as follows:

(a) first, in payment of the Price of the Goods that are damaged or destroyed, if unpaid;

(b) second, in payment of the outstanding Price of any other Goods that we have supplied to you,

whether under these terms and conditions or otherwise;

account;

(d) fourth, we will pay you any balance.

7. Defects

7.1 You must inspect the Goods on delivery and notify us of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote within 24 hours of delivery.

You must allow us to inspect the Goods within a reasonable time following delivery.

If you do not comply with these provisions, the Goods will be conclusively presumed to be in

accordance with the terms and conditions and free from any defect or damage.

8 Return of Goods

8.1 You may, at your cost, return Goods within seven (7) days of delivery. We may accept returns at our sole discretion and in any event only if the Goods are in the following “as new” condition:

(a) All packaging material and brochures must be in new condition and unmarked.

(b) All instruction manuals, videos, or other material must be returned with the Goods.

8.2 If we accept the returned Goods, we will credit the Price of those Goods back to your original payment method. No credit will be given for freight charges.

8.3 If we accept any returned Goods, we may charge a re-stocking fee of 15% of the value of the Goods.

8.4 We will not accept returns of any Goods that are of a type that is excluded under our returns policy, which is available at www.furniturezone.co.nz

9 Warranty

9.1 If there is a manufacturer’s warranty for the Goods, we will supply you the terms and conditions, time limits, and other warranty information with the Goods. The warranty will be the current warranty provided by the product manufacturer.

10. Consumer Guarantees Act 1993

10.1 You and we agree that we are each in trade and that the Goods and Services are supplied and acquired in trade, and that the Consumer Guarantees Act 1993 does not apply to the supply of Goods and Services under these terms and conditions.

10.2 Nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms and conditions are to be modified to the extent necessary to give effect to that intention.

11. Default and Consequences of Default

11.1 If an error or default on any payment occurs for any invoice, you agree that you will

pay on our demand:

(b) all debt collection costs, including our costs in relation to the services of a third-party debt

collection agency; and you agree to indemnify us from and against all of our costs and

disbursements, including court costs and legal expenses on a solicitor and own client basis.

Our rights in this clause are without prejudice to our other rights or remedies in respect of

your default in failing to pay on the due date.

11.2 Without prejudice to any other remedies we may have if at any time you are in breach of any obligation (including those relating to the payment of invoices that are due),

we may suspend or terminate the supply of Goods or Services to you and any of our other

obligations under the terms and conditions. We will not be liable to you for any loss or damage

you suffer because we exercised our rights under this clause.

11.3 If: (a) any money payable to us becomes overdue, or in our reasonable opinion, you will be unable to meet your payments as they fall due; or =

(b) you become insolvent, convene a meeting with your creditors or propose or enter into an

arrangement with creditors, or make an assignment for the benefit of your creditors; or

respect of you or any of your assets, then, without prejudice to any other rights or remedies

that we may have:

(i) We are entitled to cancel all or any part of any of your orders that remain unperformed; and

(ii) all amounts owing to us will immediately become payable, whether or not due for payment;

and

(iii) we are entitled to reclaim any Goods in your possession or control that we have supplied

and to dispose of the Goods for our own benefit, and we are entitled to enter, directly or

by our agents (and you give us and our agents the right to enter so) upon any land or

premises where we believe the Goods that we have supplied are stored without being

liable to any person; and

12. Title

12.1 Property in the Goods will not pass until:

(a) you have paid all amounts owing for the particular Goods; and

(b) you have met all other obligations due in respect of all contracts between you and us, and you

will keep the Goods, or proceeds of the sale of the Goods, separate until we have received

payment, and you have met all other obligations to us.

12.2 You agree that:

(a) you will not deal with our money in any way which may be adverse to us;

(b) until such time as ownership of the Goods passes from us to you, we may give you notice

in writing to return the Goods or any of them to us. Upon such notice, your rights to obtain

ownership or any other interest in the Goods will cease;

premises that you own occupy, or use, or any premises as your invitee, where the Goods are

situated and take possession of the Goods without being responsible for any damage caused;

(d) you agree not to charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain our property;

(e) we may require you to pay the Price or the balance of the Price due together with any other

amounts due to us arising out of these terms and conditions or under your Account, and we

may take any lawful steps to require payment of the amounts due and the Price; and

(f) we may issue proceedings to recover the Price of the Goods sold despite ownership of the

Goods not having passed to you.

13. Cancellation

13.1 Please refer to our cancellation/refund policy available at www.furniturezone.co.nz

14. General

14.1 Subject to clause 14.6 below, we may give notices under these terms and conditions by sending

the notice to the address (including the email address) that you provide to us. You

must deliver notices to us under these terms and conditions in writing to 9 Cessna Place, Mount

Maunganui, Tauranga 3116, for the attention of the Furniture Zone Commercial Team.

14.2 If any provision of these terms and conditions is held to be invalid, void or illegal, or unenforceable

the validity, existence, legality, and enforceability of the remaining provisions will not be affected,

prejudiced or impaired.

14.3 All Goods and Services that we supply are subject to the laws of New Zealand, and we accept no responsibility for changes in the law which affect the Goods or Services supplied.

14.4 We are under no liability whatsoever to you for any indirect loss and expense (including loss of profit) that you suffer arising from or in connection with these terms and conditions.

14.5 You agree not to set off against the Price amounts due from us.

14.6 We reserve the right to review these terms and conditions at any time and from time to time. If, following any such review, we decide to change these terms and conditions, that change will take effect from the date we notify you. This notification may be given through

our website or by other means.

14.7 If we breach these terms and conditions, your remedies are limited to an action for damages and

under no circumstances will our liability exceed the Price of the relevant Goods or Services.