“Curtain Space” means Curtain Space NZ Limited trading as Curtain Space its successors and assigns or any person acting on behalf of and with the authority of the same.
“Customer” means the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Curtain Space to the Customer.
“Goods” means Goods supplied by Curtain Space to the Customer including but not limited to curtains, blinds, shutters, soft accessories (and where the context so permits shall include any supply of Services as hereinafter defined) and includes any other Goods that may be described on any invoices, quotation, work authorisation or any other forms as provided by Curtain Space to the Customer.
“Services” means all services supplied by Curtain Space to the Customer including but not limited to window measuring, interior window design and installations (and where the context so permits shall include any supply of Goods as defined above).
“Price” means the price payable for the Goods and/or Services as agreed between Curtain Space and the Customer in accordance with clause 3 of these Terms and Conditions.
2. Acceptance and Order Processing
A Customer may place an order or inquiry with Curtain Space in store, online, or via telephone. Once Curtain Space has received an order or inquiry, Curtain Space will contact the Customer and send a confirmation of receipt in writing within 3 working days.
Where an order or inquiry received pursuant to clause 2.1 requires a quotation to be provided, Curtain Space will provide the same in writing or verbally. This quotation will be valid and will be open for acceptance for a period of 14 days.
The acceptance of the quotation provided in clause 2.2 or under these terms and conditions by the Customer shall be deemed a binding contract between the parties.
Any instructions received by Curtain Space from the Customer for the supply of Goods and/or Services and/or the Customer’s acceptance of Goods and/or Services supplied by Curtain Space shall constitute acceptance of the terms and conditions contained herein.
Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Curtain Space.
The Customer shall give Curtain Space not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by Curtain Space as a result of the Customer’s failure to comply with this clause.
The Customer shall as soon as practicable make available to Curtain Space all information, measurements, design preferences, location of installation, and other particulars required by Curtain Space for the provision of the Services.
3. Price and Payment
At Curtain Space’s sole discretion, the Price shall be either:
as indicated on invoices provided by Curtain Space to the Customer in respect of Goods or Services supplied; or
Curtain Space’s quoted Price which shall be binding upon Curtain Space provided that the Customer shall accept Curtain Space’s quotation in writing within thirty (30) days.
Curtain Space reserves the right to change the Price in the event of a variation to Curtain Space’s quotation.
Upon the issuance of invoice by Curtain Space under clause 3.1 or acceptance of Curtain Space’s quotation under clause 3.2, a deposit of 50% of the Price shall be paid to Curtain Space.
The remaining 50% of the Price plus any other additional sums incurred as a result of a variation or variations shall be paid on or before the date that delivery of the Goods and/or completion of the Services are scheduled to occur.
Shall delivery or completion under clause 3.4 be postponed at the request of the Customer, the Customer shall pay 40% of the Price to Curtain Space and the remaining 10% shall be paid upon such delivery and/or completion.
At Curtain Space’s sole discretion payment for approved Customers shall be made by instalments in accordance with Curtain Space’s payment schedule.
Payment will be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and Curtain Space.
GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Measurement, Delivery, and Installation
The Customer has the option to engage Curtain Space’s measuring services when ordering Goods or provide their own measurements.
Where the Customer uses the Curtain Space’s measuring service, Curtain Space will confirm the approximate dimensions to which the Goods will be manufactured. The parties acknowledge that due to the nature of some Goods based on Curtain Space’s experience and expertise, Curtain Space may have to adjust dimensions and designs of the Goods such as the folding of material layers, weight of the material, pattern slippage, dimensions of the component(s) required to make the Goods and to accommodate other fixtures.
Where measurements are provided to Curtain Space by the Customer, the Customer acknowledges that the Goods are manufactured in accordance with the Customer’s instructions and Curtain Space shall not be liable for any loss, delay or damages incurred as a result of incorrect or inaccurate measurements provided by the Customer.
Curtain Space shall arrange for the delivery and installation of Goods and/or Services within the timeframe specified on the quotation provided to and as accepted by the Customer.
The parties acknowledge that delays are possible due to various reasons and that Curtain Space shall not be liable for loss caused by any delays that are:
Within a reasonable timeframe which the parties agree to be 20 working days; or
At no fault of Curtain Space; or
Delays by Curtain Space’s suppliers; or
Due to force majeure events where Curtain Space has no control over.
5. Ownership of the Goods and Risk
Curtain Space and Customer agree that ownership of the Goods shall not pass until:
the Customer has paid Curtain Space all amounts owing for the particular Goods; and
the Customer has met all other obligations due by the Customer to Curtain Space in respect of all contracts between Curtain Space and the Customer.
Receipt by Curtain Space 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 and until then Curtain Space’s ownership or rights in respect of the Goods shall continue.
If Curtain Space retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6. Disclaimer
The Customer hereby disclaims any right to rescind or cancel any contract with Curtain Space or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Curtain Space and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
7. Events of Default
Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
If the Customer defaults in payment of any invoice when due, the Client shall indemnify Curtain Space from and against all costs and disbursements incurred by Curtain Space in pursuing the debt including legal costs on a solicitor and client basis and/or Curtain Space’s collection agency costs.
Without prejudice to any other remedies Curtain Space may have, if at any time the Client is in breach of any obligation (including those relating to payment), Curtain Space may suspend or terminate the supply of Goods and/or Services to the Client and any of its other obligations under the terms and conditions.Curtain Space will not be liable to the Client for any loss or damage the Client suffers because Curtain Space has exercised its rights under this clause.
Without prejudice to Curtain Space’s other remedies at law Curtain Space shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Curtain Space shall, whether or not due for payment, become immediately payable in the event that:
any money payable to Curtain Space becomes overdue, or in Curtain Space’s opinion the Client will be unable to meet its payments as they fall due; or
the Client 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
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
8. Cancellation and Returns
Curtain Space may cancel any contract to which these terms and conditions apply or cancel delivery of Goods or Services at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Curtain Space shall repay to the Client any sums paid in respect of the Price. Curtain Space shall not be liable for any loss or damage whatever arising from such cancellation.
In the event that the Client cancels delivery of Goods or Services the Client shall be liable for any loss incurred by Curtain Space up to the time of cancellation, including but not limited to any loss of profits, costs of materials ordered, restocking costs and labour.
Curtain Space will not accept return of Goods or cancellation of orders other than those remedies provided at law (such as the Consumer Guarantees Act 1993).
Notwithstanding clause 8.3 above, Curtain Space will accept returns of homeware items for no reason given that the Customer returns the same within 7 working days of the item(s)’ purchase, in its original unused condition and accompanied by the original sales receipt or another form of proof of purchase to be accepted by Curtain Space at its sole discretion.
9. General
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.
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.
Curtain Space shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Curtain Space of these terms and conditions.
In the event of any breach of this contract by Curtain Space the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by Curtain Space.
Curtain Space may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
Curtain Space reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Curtain Space notifies the Client of such change.
The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
The failure by Curtain Space to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Curtain Space’s right to subsequently enforce that provision.
