Terms and Conditions
Kitchen Story Limited Terms and Conditionsas of 27th February 2018. Please take your time to read through our Terms and Conditionsbefore signing this document. The following terms and conditions apply to allkitchens/furniture that are Supplied & fitted by Kitchen Story Limited.
1.1 In these conditions the following words shall unless the context otherwise require have the following meanings: 1.2 “You; Your/s; they; The Customer; The Client”, and “the Order; Furniture; Goods ”shall be as specified in the attached order and quotation (“the Quotation”) 1.3 “We; Us; Our” Kitchen Story Limited 1.4 “The Contract” the contract for the sale or supply of Goods and/or Services including any amendments there to be agreed in writing by the client & Kitchen Story Limited. 1.5 “The Contractual Documents” the quotation, fit & supply terms &conditions, drawings and any other documents or plans specified in the quotation. 1.6 “Third Party Trade Person/s” is those which comprise of installation teams, carpenter, plumber, electrician, plasterer, tiler, builder of any other type of skilled or unskilled manual worker. 1.7 “The Conditions” the standard terms and conditions of sale setout in this document and (unless the context otherwise requires) including any special terms agreed in writing between Kitchen Story Limited. 2.1 Kitchen Story Limited of 8/4 Rawiri Place, Hobsonville, Auckland, 061819 the right to update our terms and conditions without any prior notice. If you do not agree or accept the new conditions you should not continue to order any further products. If you continue to order after the date on which changes come into effect your orders or purchases indicate your agreement to be bound by the new terms. 2.2 Changes/amendment to Terms and Conditions do not affect previously signed/agreed 3.1 You warrant that the personal information which you provide to complete debit, credit card or another payment transaction are true, accurate, current and complete in all respects. 3.2 You are not impersonating any other persons or entity. 4.1 As a convenience to our customers, we may recommend, and our website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. 4.2 We will not be liable, whether directly or indirectly for the privacy practices or content of such websites, companies or products nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, material or services available on such external websites or sources. Orders, Delivery, and Fulfilment 5.1 All orders are subject to acceptance and availability. If the goods ordered are not available for any reason, you will be notified by telephone (or by other means if no telephone number/s are provided). You will have the option either to wait until the item is available from stock or to replace that particular part. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at anytime prior to signing this agreement. The conclusion of a contract between you and us will take place upon successfully completing the full installation as described in the contract. By accepting these terms and conditions when you make a purchase, you authorise us to process payments from the credit or debit card details supplied and to conduct validation checks by cross checking your details. We will take all responsible care, in so far as it is in our power todo so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from us. From time-to-time Kitchen Story Limited reserves the right to perform additional security checks. 5.2 Once you have ordered a product from us you will be given an estimated time of delivery which will range from 10 working days to 30 working days depending on the brand and product of the item. If, due to unforeseen circumstances we cannot deliver on time we will contact you to make an alternative arrangement that will suit both parties. 5.3 On the day of delivery goods can be delivered between 8:30 and 17:30(Monday-Friday) unless a timed delivery has been paid for. If you or an authorised representative are not pre- senton the agreed date the items will be taken back to our warehouse. This will incur admin, re-stocking, customs and re-delivery charges which must be paid for prior to the re-arranged date and time. 5.4 The Company reserves the right to make deliveries/and or services by instalments. 6.1 If in the unlikely event you receive goods which are damaged you must inform us within 24 hours of receiving the goods on 021 104 2666 or email firstname.lastname@example.org. You may be asked to fill out the Claim Form with the detailed description of any damages and provide photos of the damaged product. 6.2 If damage is reported after 24 hours it is at the director’s discretion and any damage reported after 7 days will not be eligible for refund, exchange or compensation. 6.3 Orders are accepted and dates for delivery given, without responsibility for delays arising through uncertainties of stock availability, accidents and strikes and other causes beyond our control. 6.4 If remedial items are needed for your project for any reason these items will either be replaced for a similar available product or made on the next available timeframe. If these do not have any impact on the use of the installed products, then payments would still need to be made when due upon substantial completion. 7.1 All quoted and advertised prices are fully inclusive at the current exchange rates and are correct at the time of entering the information on our system. We reserve the right to change advertised or quoted prices at any time without notice to you, prior to agreeing on this contract. 7.2 We accept Visa and MasterCard for payments and Cheques. 7.3 Payment will be taken from your card immediately as you place the order. Any refunds to cards may take up to 10 working days for your bank to process and we cannot be held responsible for any delays in refund payments. 7.4 You confirm that the credit or debit card that is being used is yours. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. 7.5 If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery. 7.6 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. 7.7 The Price for the Goods and or Services shall be paid in accordance with the provisions set out in Kitchen Story Limited. 7.8 If payment of the price for the contract or any part of it is not made by the due date then without prejudice to all or remedies against the client Kitchen Story Limited shall be entitled to levy an administration charge of 4.5%. 7.9 If any monies are not paid by the due date to Kitchen Story Limited as per your agreed contract and in turn breaching your contract then Kitchen Story Limited are entitled to immediate payment in full of all outstanding monies, the total value of the contract including storage, products and any other administrative charges. The account and all contract works will cease until the account is settled. 7.10 All furniture, kitchens, cabinets, bathroom, worktops, tiles, appliances, sinks& taps and accessories remain property of Kitchen Story Limited until paid for in full. 7.11 All payments and final balances need to be made to Kitchen Story Limited as per the terms of the contract. Failure to provide this payment will result in a delay in delivering your kitchen or other furniture. 7.12 All deposits and payments are non-refundable. A 50% deposit is required and due for payment for standard cabinets on acceptance of the Contract, balance must be paid 48 hours prior to Delivery of Cabinetry. Full payment is required for bench tops, customised cabinets and special orders (accessories & appliances) on acceptance of the Contract. Please note that benchtops will be templated following installation. Installation of benchtops will take a further 10 – 14 working days to be installed after templating. Please note that splash backs will be templated following benchtop’s installation. Installation of splash backs will take a further 10 – 14 working days to be installed after templating. Once an order is placed by us on your behalf (subject to your rights under the Consumers Guarantees Act), there will be no refunds on any made to order and special-order items. All custom-made kitchen cabinetry and benchtops are special orders and are non-returnable. All amounts still outstanding after deducting the 50% deposit and any other payments made will become due immediately 48 hours prior to delivery of the order. We reserve the right to not deliver if the balance is outstanding. Colour Matching and Samples 11.1 Should Kitchen Story Limited be asked to colour match any product a reasonable tolerance will need to be allowed for due to material and reflective properties of different finishes. If in any doubt we would ask for a sample to be signed for and agreed and in any case, this is not done then our company standard sample will be provided. 11.2 The Customer acknowledges that any Product samples shown to the Customer are indicative only. The Customer accepts eventual slight variations in colour when placing the order. For example, and without limitation, wood finishes can vary in colour over time due to exposure to light and the aging of the wood. In the case of additional orders, the Supplier cannot guarantee an exact colour match and the same wood grain as the original Products or sample. Unless a sample has been signed and agreed by both parties our standard company product will be supplied. Final Drawing and Contract 12.1 The final drawings signed by the client will be the final kitchen or furniture layout that the client will receive at time of delivery. Any amendments made after your contract is signed will be made at your cost. 12.2 If Kitchen Story Limited make any amendments to the final signed drawings and this has an impact to the fitting of the kitchen/furniture it is Kitchen Story Limited responsibility to meet the cost and provide additional pieces of furniture. 12.3 If you, the customer, make any amendments to the final signed drawings and this has an impact to the fitting of the kitchen/furniture it is the customer’s responsibility to meet the cost and provide additional pieces of furniture. Kitchen Story Limited will provide any additional pieces of furniture required at a charge to the client if this occurs, subject to the client’s written approval. 12.4 If the Client is providing building and electrical and plumbing dimensions, it is the Clients responsibility to exhaustively check that they are completely satisfied with all the dimensions that have been provided to Kitchen Story Limited. This includes room size, height of the room, units, colour, style and position all doors, windows, switches, socket, gas supply, water supply and drainage. If any dimensions provided turns out to be incorrect you may incur subsequent charges as in 18.1. Any drawings supplied by Kitchen Story Limited must be signed off by the client. 12.5 It is the Client’s responsibility to exhaustively check that they are completely satisfied with the selected furniture sizes, style, design and colours. If it is agreed that Kitchen Story Limited is taking site measurements, it is Kitchen Story Limited’s sole responsibility to ensure that all measurements are correct, and the furniture fits as shown in the attached designs. Kitchen Story Limited is responsible for providing the client with design within the agreed time from signing this agreement. The Client will ensure the design meets Kitchen Story Limited’s exact requirements. 12.6 Unless the Contract and the Terms & Conditions are signed, Kitchen Story Limited will not proceed with the manufacturing of your kitchen/furniture. 12.7 Final drawings and rendered images are only indicative of finishes, colours, handles and details and are for illustration purposes only and are for confirmation of design and layout rather than exact colour/finish matches. Clean Site and Ready Site 13.1 The Customer is responsible for preparing the premises and providing a clean site & ready site to allow the installation of the Products by the Supplier. For the purposes of this clause "clean site & ready" means all preparation work in relation to the Premises and site for installing/delivery of the Products being completed including without limitation, structural, flooring, substrate, electrical and plumbing works finished and tested including active air conditioning and the Premises being in a clean and clear condition allowing unimpeded access for the purpose of installing the products. There must be permanent supply of power in the premises. The Customer agrees that unless otherwise agreed in writing, the Purchase Price is determined on the basis of the Customer providing a clean site & ready site before the Supplier commences installing the Products. If in the reasonable opinion of the Supplier the Customer has failed to provide a clean site, the Supplier is not obliged to deliver or commence installing the Products until such time as the Customer provides a clean site to the Supplier's satisfaction. 13.2 In such a case the customer will be liable for delay and storage charges outlined in section 17 of these terms and conditions. 13.3 If the client insists on taking delivery and/or commencing installation by ignoring our recommendations the client will be asked to sign a delivery waiver and the guarantee will be void. The account including storage must be settled in full and the client will assume full responsibility and liability of the furniture on site. 13.4 Even after a delivery waiver is signed by the client it is at the Director’s discretion and usually after a site inspection as to whether we would allow the goods to be delivered to site and installation commence. 13.5 If installation commences after a delivery waiver is signed and against our recommendations the client may incur additional installation charges if our teams are unable to complete the project in our standard timeframes. Delays from third party contractors and teams being removed back and forth from site may incur surcharges based upon the costs suffered by Kitchen Story Limited. 14.1 The Customer is responsible for securing the premises and ensuring that the Premises are always safe and dry. The Supplier will not be responsible for any loss or damage to products as a result of the Premises not being secure, safe and dry once the items have been delivered and signed for. 15.1 We expect all flooring to be flat/level and ready for base units and tall units to be fitted. 15.2 We expect all walls to be flat and level ready for tall & wall units to be fitted. 15.3 The client will incur any charges to make changes to the furniture if the floors are uneven and the walls are not flush our furniture will need to be modified. These additional costs will not be covered by Kitchen Story Limited. This includes and is not limited to additional visits to re-position and re-install furniture. 15.4 When Kitchen Story Limited arrive to carry out installation of your kitchen/furniture if any amendments from your signed Contract have been made to the room size, height of the room, position of doors, windows, switches, socket, gas supply, water supply or drainage and this requires additional furniture this cost will not be covered by Kitchen Story Limited. 15.5 Any installation amendments or additional installation requirements that deviate from Kitchen Story Limited’s scope of work / contract will be charged in advance to the client at $1000 per day. This may include removal of our cabinets for other tradespeople. 16.1 We will offer you, the client, the first available date and time for delivery of your kitchen/furniture. It is the clients’ responsibility to ensure that there is adequate space to store the kitchen and the site is ready to accept our cabinets. The storage area will need to be clean, dry, secure and clear of obstructions as per section 13. If this date and time cannot be met due to any circumstances on the client’s site, you will be offered the next available installation date which could be up to 8 weeks later. 16.2 We make every effort to ensure that your order is received in pristine condition. We transport our products in a method suitable to the product to make sure it is not damaged during delivery. However, in the unlikely event that you order is damaged during transit or found to be missing from the delivery. It is the responsibility of Kitchen Story Limited to deliver and supply the customer the correct number of pieces of furniture as per section 6. 16.3 It is the responsibility of Kitchen Story Limited to deliver your kitchen/furniture as per your signed agreement. This covers the furniture style, colour and any additional requirements for your kitchen/room. If we do not fulfil our duty with any of the mentioned, we will incur any cost to replace and deliver these items. 16.4 Kitchen Story Limited is responsible for removing your kitchen/furniture from the vehicle, delivering onto site and installing it. 16.5 The driver is NOT responsible for moving your Furniture any unreasonable distance from the vehicle. It is Kitchen Story Limited’s responsibility to have staff available to move the furniture to the allocated space inside. 16.6 If you cannot be present at the time of delivery, you must arrange to have a responsible and authorised signatory available at the time of delivery that is authorised to inspect, accept and sign for the kitchen/furniture. Prior to installation the client may sign for receipt of boxes with no responsibility of inspecting or approving the content of these boxes. It is Kitchen Story Limited’s responsibility to ensure the complete order is delivered with nothing missing and free from any defect including manufacturing or damage resulting from transportation. Kitchen Story Limited will accept no responsibility for any claims concerning defective or damaged goods once the client has signed a form indicating acceptance of substantial and successful installation. 16.7 Once goods are checked and signed for it is your responsibility to meet the cost of any replacement pieces of furniture. 16.8 It is Kitchen Story Limited’s responsibility to deliver all items to the designated room free from any damage to the items themselves or to the actual site or location, based on a site inspection held prior to signing this agreement. Should the client change anything on site including halls, doorways, stairs or other access ways Kitchen Story Limited will not be held responsible to deliver the items and will consult the client on finding a mutually agreeable solution. 16.9 Upon providing an inside delivery service we only deliver through a ground floor or basement entrance and go up to a second-floor level. We cannot deliver above this level unless there is suitable elevator access. If you have any special delivery request there may be an extra charge to the client; the cost of this charge will be estimated by Kitchen Story Limited after inspection of the site/circumstances. 16.10 You are solely responsible for clearing the designated room and the path leading to it of any obstacles in advance of the delivery. Unless notified prior to delivery, our delivery driver will not be responsible for moving or dismantling any furniture. 16.11 Kitchen Story Limited require a clearing of at least 1100mm to ensure all pieces of furniture are able to enter both property and installation area. It is your responsibility to advise 00000 Trading of any potential obstacle to the successful delivery of your furniture order including (but not limited to) the building’s elevator size, doorway sizes and stairwell sizes. Please note as per clause 16.9 Kitchen Story Limited cannot deliver above the second-floor level unless a suitable elevator is available. Also note that some longer items such as (but not limited to) worktops may need to be provided in 2 or more sections and joined on site if the elevator size so dictates. If you are in any doubt, please ask your Kitchen Story Limited Designer to arrange a site inspection. 16.12 It is the client’s responsibility to make arrangements with the developer/property management company and make payments to enter the premises, grounds or site location with permissions. Failing to do so may result in a delay in delivery and may incur additional charges. 17.1 If a scheduled delivery is cancelled, refused, or no one is at home to accept it, you the client will be charged a fee of $1000 to re-deliver, which must be paid prior to the re-delivery, even if the original delivery was free of charge. This repeat delivery charge will also apply if you cancel an agreed delivery date/timeslot less than 2 working days prior to the agreed date. 17.2 If delivery cannot be made due to delays, contractors, third parties or the site not being ready for delivery Kitchen Story Limited will allow storage in our factory for a maximum time of 5 working days from the agreed date of delivery. From this point onwards, storage charges of $3.00/m3 per day will be charged. Your kitchen or furniture has an exact size and weight from our factory, and this will be used to assign charges. 17.3 All storage charges will be invoiced and payment due on invoice. 17.4 If any storage charges or payment schedules as per your signed contract are not met, which in turn breaches your contract, Kitchen Story Limited would require full payment of all outstanding monies, the full value of the contract and storage charges prior to delivery. 17.5 The client at the point of storage charges being incurred is able to take delivery of the goods and arrange your own storage so long as the account is settled in full and accepts liability of the furniture by signing any delivery waivers. 17.6 Kitchen Story Limited is not liable for compensation for delays due to the factory’s timeline for production and unforeseen circumstances. If any such delays will result in a total delay of 8 weeks or more from the date given to the client in this contract, the client will be notified in writing prior to the manufacturing date with an option to cancel the contract and receive a full refund. 17.7 Unless specified it is agreed with the client that they require immediate production in the next available manufacturing slot and immediate delivery to site upon the goods are produced. Electrical and Plumbing Works 18.1 We are NOT qualified electricians, plumbers or engineers, nor do we hold a technical services license. We allocate electrical and plumbing position based on our understanding of kitchen and furniture design; therefore, it is the client or the contractor’s responsibility to exhaustively check our electrical and plumbing drawings to make sure they meet the criteria of local construction laws/regulations. If there are any additions or amendments to be made, we must be notified with the contractor’s recommendations to make necessary changes without conflicting the furniture design. 18.2 If there is a deviation from these electrical and plumbing positionings Kitchen Story Limited must be notified immediately and any subsequent impact on the installation of the kitchen / furniture or costs will be incurred by the client. 18.3 Kitchen Story Limited will provide all electrical and plumbing locations, specifications and required standards of hardware used. 18.4 When the client undertakes the electrical and plumbing works, we require all water, electrical, gas and supply lines to be clearly marked on walls or illustrated in elevation drawings with measurements. If these are not provided Kitchen Story Limited, take no responsibility for any damage to electrical and plumbing infrastructure during the installation process. 18.5 When the client undertakes the electrical and plumbing works, all plumbing, electrical lines and gas pipes must be ready, supplied and tested prior to installation. 18.6 When the client undertakes the electrical and plumbing works and testing isn’t done or cannot be done prior to installation of appliances, then it is the client’s responsibility to test/check all electrical, plumbing and gas connections/outlets when they turn on the main supply. We recommend a qualified technician or engineer at this point as any water leaks, shortings or damages caused by switching either the mains water or electricity on will be incurred by the client and will not be the responsibility of Kitchen Story Limited. 18.7 For mains and centrally supplied Gas Kitchen Story Limited will NOT connect any gas appliances and this is the responsibility of the client to inform their gas provider and arrange the necessary connections as per New Zealand law. Kitchen Story Limited will only provide connection points from the appliances which are then ready for the client’s gas provider to complete the final connections as required by New Zealand regulations. Any delay or additional costs arising from the client’s gas supplier to complete the connections will not be the responsibility of Kitchen Story Limited. Please note some gas appliances might not work to their maximum due to poor quality gas or poor-quality gas flow. 18.8 Kitchen Story Limited provides site visit and site consultations. The client will be charged $135 GST excl. per visit for such service. 18.9 Kitchen Story Limited will assume there are no obstructions in the wall or ceiling preventing drilling of fixtures for the cabinet, shelf and furniture. It is the client’s responsibility to inform Kitchen Story Limited if there are any obstructions within the wall or ceiling such as but not limited to electrical cables, water pipes, waste pipes or structural elements. In the event of a ruptured water pipe, waste pipe, electrical cable, conduit or structural element, the client will assume liability for any damage, injuries, repair or subsequent costs arising from the damage if Kitchen Story Limited has not been notified. 19.1 If you are supplying your own appliances the model numbers and references must be advised to Kitchen Story Limited at the time of order. This is to ensure that the correct furniture is ordered as all Kitchen Story Limited furniture is manufactured to fit each individual appliance. If you fail to inform us of the correct appliances prior to ordering the Client is responsible for any subsequent costs incurred to rectify the design and furniture and any additional delivery costs. 19.2 If Kitchen Story Limited is supplying your appliances we are not responsible for any additional parts or accessories unless specified in your order. We are able to purchase additional parts, accessories and spares if required. 19.3 Kitchen Story Limited is happy to source appliances but do not take any responsibility for fitting these appliances. 19.4 If the client has a problem with any appliances delivered and finds any products to be faulty then please contact us within 3 working days from the date of Substantial Completion (defined in 22.3). If your product does have a fault and it is within the manufacturer's warranty period then we will assist in any way that we can to provide you with necessary spare parts, a replacement or if a replacement is not available, a refund. 19.5 If you are sourcing your appliance independently it is your responsibility to ensure that these appliances will fit your Kitchen Story Kitchen. The final responsibility lies with the client. This includes dimensions, sockets, power cables and any additional parts required to power or work the machine. 19.6 If you are supplying your own appliances and they are not the standard industry size 600mm deep, you must inform Kitchen Story Limited of this before you sign your order confirmation. This is to ensure that the correct pieces of furniture & worktops (if supplied) are ordered. 19.7 If the client chooses to use existing appliances Kitchen Story Limited is not responsible for any testing, maintenance, repairing or commission of these. If any parts are required Kitchen Story Limited will notify the client and any costs will be incurred by the client. 19.8 If the client chooses to use existing appliances Kitchen Story Limited is not responsible for any removal or storage of these items and takes no responsibility for damage, faults or security of these items during the installation process. Work Surfaces and Splashbacks 20.1 All timescales, templates, installation and dates with regards to your worktop will be handled by your project manager. These will be timed along with the installation of your cabinets. 20.2 Please note there may be period during the kitchen installation where work will cease whilst we wait for the fabrication of the benchtops, this is completely normal and the kitchen installation will continue after installation of the benchtops. Please note the break can be between 7-14 working days. 20.3 If you are not purchasing your benchtop through Kitchen Story, we will take no responsibility for delays, additional charges or fees incurred from the benchtop fabricators because of work or delays on our kitchen installation. 20.4 If we are not fitting your kitchen, it is your responsibility to contact the supplier of your work surface and make the relevant arrangements for templating, fitting and project managing. 20.5 If we are not fitting your kitchen, it is your responsibility to ensure that there is sufficient access for installation of your work surface and liaise with the supplier of your benchtop. 20.6 If you have sourced your own benchtop you will need to make necessary arrangements regarding the connection of all sinks, taps, hobs and any appliances which are integrated into the benchtop. 20.7 If we are fitting your kitchen, it is your responsibility to inform Kitchen Story Limited of any access issues or specific time and day restrictions for commercial deliveries. 20.8 The client accepts that there will be visible joins in the work surface and Glass splash backs whenever necessary, due to limitations such as available material size, access to site, health & safety concerns, material strength & stability. 20.9 Glass splash backs require stringent quality control; hence production time after the benchtops have been installed is approximately 4 weeks. A kitchen is considered substantially complete with the glass splash back installation pending. Third Party Installer/Trades Person 21.1 Any third-party trades person working independently of Kitchen Story Limited who make alterations to any units or pieces of furniture delivered will invalidate any warranties and any additional costs incurred will be charged to the client. Kitchen Story Limited will not be held responsible or liable for any costs arising from mistakes carried out by a third-party trades person. 21.2 It is not the responsibility of Kitchen Story Limited to liaise with any third-party installer or trades person unless agreed in advance. 21.3 If the client chooses to use their own contractor it is not our responsibility to project manage the work being carried out, instructions on use or advice on installation. 21.4 It is not the responsibility of Kitchen Story Limited to source any of the following unless we are requested to do so by the client; Kitchen installer, work connected to installing a kitchen or any other furniture. 21.5 If you are using your own installers, it is your responsibility to ensure that the installer follows the design supplied. 21.6 If you choose a third-party delivery, we do not accept any reasonability for damage to your kitchen/furniture after this has been checked, signed for and the driver has departed. 22.1 Upon completion of any installation it is the client’s responsibility to maintain, clean, use the correct products and general upkeep of the kitchen and/or furniture. 22.2 All outstanding balances arising from additional amendments to the contract are due upon substantial completion. 22.3 Substantial Completion defined: The date at which the, building, furniture, kitchen project, or a designated portion of the work or building project thereof is sufficiently complete, in accordance with the Kitchen Story Limited’s contract documents, so that the owner may use or occupy the building, furniture, kitchen project or designated portion thereof for the use for which it is originally designed and intended. This date is then certified by us to the owner or client. From this date a number of other provisions are started such as warranty, guaranties, and liabilities subject to full settlement of all outstanding payments. 22.4 Substantial completion excludes decorative items such as glass splash backs. 22.5 Set-Off. In such projects where a retention payment is being held by the customer and full payment due upon substantial completion the client will “set-off” the amount of the outstanding items and pay the remaining balance which is due on the delivered items. The set-off amount will be calculated by the full retail price of the parts according to Kitchen Story Limited’s price list unless specified separately in the contract. 22.6 An interim sign-off is arranged between Kitchen Story Limited upon substantial completion where an inspection is required by the client and Kitchen Story Limited representative on the same day of kitchen cabinets installation. If it is not possible for the client to be available on that day for the interim sign-off, the client’s authorised representative must be available to inspect and sign on their behalf. If no one is available the client authorises Kitchen Story Limited to sign on their behalf. Kitchen Story Limited grants our clients a 10-year guarantee on Kitchen Cabinetry. All other product guarantees adhere to guarantee policies of their respective suppliers. Beneficiary under the guarantee Claims based on the guarantee may be lodged by clients only and are non-transferable. The guarantee period begins on the day the goods are delivered to the client and if the account is paid in full as per contract terms. Scope of the guarantee: The guarantee covers defects and damages attributable to design faults, manufacturing defects, material defects or faulty workmanship. In this case, we shall assume the material costs incurred by the repair. This shall depend on upstream suppliers still being able to supply original replacement parts. Assembly damage, wear and tear and water damage or any age-related changes in colour caused by exposure to UV and climatic conditions are excluded. The guarantee extends exclusively to the replacement of defective parts. Exclusions: Any entitlement to replacement shall expire in the event of unauthorized modification of the parts supplied by us. In the case of accessories supplied by suppliers, for instance electrical appliances, lamps, sink units, fittings, waste collectors, etc., the warranty provisions of the respective manufacturers shall apply. The guarantee does not extend to wearing parts, fragile parts like glass, plastic or parts made of rubber or light bulbs and damages and defects resulting from incorrect operation. The only exception to this shall be if the defects and damages are attributable to design faults, manufacturing defects, material defects or faulty workmanship. Likewise, the guarantee does not extend to personal injury and subsequent defects. On principle, colours shall be matched and determined under standard lighting conditions similar to daylight. However, different surfaces and materials react differently depending on the type of light (daylight, halogen light, etc.). This effect is, however, also possible in the case of light-coloured plastic and coatings, even if the material basis and surface structure are identical. Deviations in colour and structure, even in the case of identical colour designations, are unavoidable given the aforementioned influences and do not constitute cause for complaint. The guarantee is null and void if the furniture is requested and installed on site against our recommendations. Expiry of the guarantee: The right to claim under guarantee shall expire if repairs or modifications are carried out by persons not authorised by the manufacturer. The guarantee shall also expire completely in the event of failure to comply with individual requirements contained in the guarantee provisions. Guarantee claims: The damages shall be eliminated exclusively by Kitchen Story Limited. We must be notified without delay in the event of a defect or damage, resulting in liability under this guarantee. The client shall provide a detailed description of the damage, take some photos and fill the Warranty Form. The client shall undertake any and all measures to clarify the claim. This means that the client must answer our questions truthfully and in full. If a guarantee claim is confirmed, we shall provide the client with corresponding replacement materials free of charge. Geographical scope & Applicable Law: The guarantee shall apply in New Zealand only. Guarantee claims shall be governed by New Zealand law. How to Claim Guarantee claims should be emailed to email@example.com with client name, invoice number and details of the fault. A service call-out charge is payable in advance if a technician is required to visit which is refundable if the guarantee claim is validated by Kitchen Story Limited. In accordance with the laws of the Government of New Zealand all products and services are subject to GST. This will be collected from the client by Kitchen Story Limited at the rate set by the New Zealand government at the time of supply of the goods.