
Terms, Conditions and Guarantees of Trade
Our Terms, Conditions and Guarantees of Trade.
Definition.
1.1 “Supplier” shall mean Made to Measure.
1.2 “Client” shall mean the buyer of products and or services acting on behalf and with the authority of the buyer.
Services.
1.1 Supplier shall provide the Services, to the Client as described in its Order Confirmation or Quotation (whichever is applicable) in accordance with these terms.
Quotations.
2.1 Quotations are valid for 14 days from the date of printing on the quoted invoice.
2.2 Quotations based on builder’s plans will be subject to an on-site check measure as the building progresses and may be subject to change should the actual building or the product specifications differ from the original plans supplied.
2.3 Quotations for the price of Goods and Services apply only to the specific Goods or Services to the Client, for that specific transaction and are governed by the terms of the Quote itself.
2.4 Upon acceptance of the Suppliers quote a 30% Deposit of the total accepted quote is payable on acceptance, with the remainder balance to be paid on installation.
Our Guarantees.
3.1 Workmanship – The Supplier guarantees all workmanship on manufactured products including Drapes, Sheers, and Roman Blinds etc. for a period of 1 year from the date of installation or delivery for Domestic use and Six months for Commercial application (excludes normal wear and tear and misuse). The Supplier guarantees to replace any product found to be faulty because of a manufacturing defect that has been used in accordance with the manufacturer’s recommended instructions. No claims for faded fabrics of Drapes, Sheers, Romans, Rollers or Sunscreens that have been exposed to direct sunlight will be recognised. Please see below for more information regarding fabric care and movements.
Fabric Care.
4.1 New Zealand has some of the strongest sunlight in the world and with our extreme UV rating, customers should be aware of certain precautions when selecting window furnishings.
4.2 All fabrics, regardless of dyes used will deteriorate under direct sunlight or reflected ultraviolet light.
4.3 Where possible a quality sun filter is recommended when fabrics are in direct reflected sunlight, even if through double glazed or tinted glass.
4.4 Ensure sufficient ‘stack back’ is achieved to minimise direct sunlight when drawing the curtain off the window during the day. Although closing the curtains may keep the interior cooler, it is highly destructive to curtain fabrics and the temperatures between the glass and fabric can be extreme causing fabrics to become more susceptible to tearing and disintegration.
Fabric Movement.
5.1 Fabrics are not solid substances and can move due to atmospheric conditions. An acceptable industry standard allows for up to 1% movement in most fabrics and with certain others e.g. Acrylic, Polyester, Cotton and Linens, 2% shrinkage is considered normal.
5.2 The Client agrees that the inherent properties, and/or conditions of certain types of Fabrics (and the environments in which they are kept) make them susceptible to shrinking, dropping, stretching, fading, creasing, bruising, loosening and other imperfections that are beyond our control.
If Client provides the fabric.
6.1 The Supplier will provide the Goods and Services to the Client using fabrics that have been supplied, providing that the Client agrees that:
6.2 The Client will be responsible for the quality or defects in the Fabrics, whether they were detected by us and we are under no obligation to inspect the Fabrics.
6.3 If the Supplier notifies the Client of any defects in the Fabrics, the Client must immediately notify the Supplier as to whether:
6.4 The Client accepts the defects, in which we will supply the Goods and/or Services using the Fabrics, and we accept no responsibility arising from the Fabrics.
6.5 We reserve the right to not accept any materials which are not in a clean or hygienic to be used in the workroom.
6.6 While the Supplier will do our best endeavours to provide the Client with accurate meterage estimations for Fabrics, we accept no responsibility for the under or over-supply of Fabrics, irrespective of whether it was based on our meterage estimations.
Hardware
7.1 The Supplier guarantees to fix or replace any blind/track or blind/track componentry found to be faulty because of a manufacturing defect for a period equal to the greater of 2 years for Domestic usage or 1 year for Commercial, and any guarantee offered by the blind/track manufacturer.
7.2 If the Client supplies the hardware (blinds, rods, tracks, tapes, or hooks), or any items connected with the Goods and/or Services, the Client agrees that:
7.3 The Client is responsible for the correct supply of the Hardware and must provide all technical information required to enable us to supply the Goods and/or Services so that they are compatible with the hardware.
7.4 The Supplier accept no responsibility connected with the Hardware.
Floor Clearances (for Curtains)
The Client acknowledges that:
8.1 The Supplier does not recommend a floor clearance of less than 10mm for curtains (unless the curtain is to ‘pool’ on the floor as stated, the Order Confirmation and/or Quote
8.2 Floor clearances will depend on, among other things, where the curtain rod / track is hung, changes to the installation height, the quality and type of fabrics used and any variations in the floor and ceiling levels.
8.3 Floor clearances are only accurate at the point of installation and may change rapidly, or slowly, because of the Fabrics used.
8.4 The Client must notify us immediately at the time of installation if you believe the curtain drop is incorrect, based on floor clearances as stated in the Order Confirmation and/or Quote.
Defects
9.1 The Supplier will not be responsible for rectifying any defects where it was caused by the Client (or any other individual or entity’s) failure to properly maintain the Goods, or wear and tear including, the following (to the extent it was not caused directly by The Supplier):
9.2 Staining or marking of Fabrics, mould on Fabrics, tears, and holes in Fabrics, stretching of materials and Fabrics, curtain track glides or runners breaking.
Performance and delivery dates.
10.1 Any indicated dates of completion/deliverables are approximate only and the Supplier reserves a reasonable time to fulfill all orders. The Supplier shall not be liable for any delays in delivery or performance by reason of force majeure or causes beyond the Supplier’s reasonable control.
Changes.
11.1 If either Party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. The Supplier shall, within a reasonable time after such request, provide a written estimate to Client
(i) the nature and likely time required to implement the change
(ii) necessary variations or additions to fees and other charges,
(iii) likely effect of the change of the overall Services, and
(iv) any other effect the change might have on the Agreement.
11.2 The Supplier is not responsible for any goods, services or works provided by the Client or any contractors or third-party providers.
11.3 The Client is responsible for engaging with any third-party providers responsible for the installation of the Goods.
11.4 The Supplier accepts no responsibility for any goods, works or services performed by any third-party provider connected with the installation of the Goods.
11.5 The Supplier reserve the right to refuse to coordinate or liaise with any third-party provider for the installation of any Goods for whatever reason, in our absolute discretion.
Terms of Payment.
12.1 Unless otherwise agreed, the Supplier requires a 30% deposit payable on acceptance, with the remainder as noted in clause 2.4.
12.2 The Supplier will not be held financially liable should a Supplier’s inability to supply the ordered fabric on-time, or indeed at all, results in a client’s inconvenience or financial loss.
12.3 Clients cancelling jobs after orders have been processed and/ or work has been commenced, will be liable for the costs the Supplier has accrued in that process, including but not limited to fabric costs, sewing, labour, or products ordered etc.
12.5 Should a portion of the job be delayed through no fault of the Client, e.g. fabric delays, product repairs etc. the value of the delayed portion of the job may remain unpaid until the job’s completion. The remaining funds will be subject to the regular payment terms of immediate payment on receipt of the invoice.
12.6 If, at the Clients request, The Supplier makes more than one trip to complete installation, the Supplier reserves the right to change an additional install Van Charge for each additional visit to the property. In this circumstance, a separate invoice will be rendered for payment and partial delivery/installation will not entitle the Client to reject the goods.
12.7 All products shall remain the property of “Made to Measure” until paid in full. Notice is required within 7 days of installation if you are not satisfied otherwise we agree the job is complete. The Supplier reserves the right to repossess any goods supplied to the Client that have not been paid in full once payment is overdue. The Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal costs of a solicitor and the Supplier’s collection agency costs.