ALL PROVISIONS OF GOODS AND SERVICES BY NT JOINERY ARE SUBJECT TO THE FOLLOWING TERMS & CONDITIONS
1. Definitions
1.1 “NT Joinery” means Native Timber Joinery Limited.
1.2 “Customer” means the person, company, or entity accepting the Quote or instructing NT Joinery to proceed.
1.3 “Goods and Services” means all materials, joinery products, labour, design, manufacture, supply, delivery, and installation provided by NT Joinery.
1.4 “Quote” means any written quotation, estimate, or proposal provided by NT Joinery.
1.5 “Variation” means any change to the scope of Goods and Services after acceptance of the Quote.
1.6 “Site Measure” means confirmation of site dimensions and conditions by NT Joinery prior to manufacture.
1.7 “Payment Claim” and “Payment Schedule” have the meanings given under the Construction Contracts Act 2002.
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2. Acceptance
2.1 These Terms apply to all Goods and Services supplied by NT Joinery and prevail over any other terms unless agreed in writing.
2.2 These Terms are deemed accepted when the Customer:
(a) accepts a Quote verbally or in writing;
(b) accepts a Quote via any electronic or online system (including but not limited to acceptance through quoting software or digital platforms);
(c) instructs NT Joinery to proceed; or
(d) pays a deposit.
2.3 Acceptance of a Quote by electronic means (including clicking “accept”, digital signature, or email confirmation) shall be deemed binding and constitutes acceptance of these Terms in full.
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3. Scope of Works and Variations
3.1 The scope is limited to what is expressly stated in the Quote.
3.2 Unless specifically included in the Quote, the following are excluded:
(a) electrical, plumbing, or structural work;
(b) site preparation or remedial work;
(c) removal of existing joinery, appliances, or construction debris;
(d) provision of skips or waste disposal fees.
3.3 Any work outside the Quote is a Variation. NT Joinery may require payment for Variations in full before the varied work commences.
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4. Price and Payment
4.1 A 50% deposit is required prior to commencement of work unless otherwise agreed.
4.2 Payment Terms:
(a) For standard Customers, payment is due 7 days from the date of invoice.
(b) For Customers with an approved credit account, payment is due on the 20th of the month following the date of invoice (“Net 20”).
(c) Credit terms are granted at NT Joinery’s sole discretion and may be withdrawn at any time.
4.3 NT Joinery may issue Payment Claims under the Construction Contracts Act 2002. If the Customer disputes a Claim, they must provide a valid Payment Schedule within the timeframe required by the Act.
4.4 Interest on overdue amounts may be charged at 2% per month compounding.
4.5 The Customer shall pay all costs incurred by NT Joinery in recovering overdue amounts, including legal costs on a solicitor-client basis and debt collection fees.
4.6 NT Joinery may suspend work and/or withhold delivery if any amount remains unpaid.
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5. Timeframes and Site Measure
5.1 All timeframes are estimates only. NT Joinery is not liable for delays caused by site unreadiness, access restrictions, or supply chain issues.
5.2 Final manufacture and shop drawings are strictly dependent on a confirmed Site Measure.
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6. Site Conditions and Responsibilities
6.1 The Customer is responsible for ensuring site readiness and clear access.
6.2 Plumb and Square: NT Joinery manufactures products to be square and level. NT Joinery is not responsible for gaps or fitment issues caused by walls, floors, or ceilings being out of plumb, level, or square. Remedial work for such conditions is a Variation.
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7. Title and Security (PPSA)
7.1 Ownership (Title) of Goods remains with NT Joinery until full payment is received.
7.2 The Customer grants a security interest under the Personal Property Securities Act 1999 over all Goods supplied.
7.3 The Customer gives irrevocable authority to NT Joinery to enter any premises to repossess unpaid Goods, where permitted by law.
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8. Property Charge and Caveat
8.1 The Customer charges in favour of NT Joinery all of its right, title, and interest in any land or property owned by the Customer (solely or jointly) as security for all amounts owing.
8.2 The Customer agrees that NT Joinery may register a caveat against such property to protect its interest.
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9. Personal Guarantee
9.1 Where the Customer is a company or trust, the person(s) accepting these Terms (including directors and/or trustees) personally and unconditionally guarantee payment of all amounts due to NT Joinery, including interest and recovery costs.
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10. Defects and Liability
10.1 A 12-month Defects Liability Period applies from completion. This excludes normal wear and tear, misuse, and movement or failure of building structures.
10.2 Consumer Guarantees Act 1993: Where the Customer is acquiring Goods and Services for business purposes, the parties agree that the Act does not apply.
10.3 To the maximum extent permitted by law:
(a) NT Joinery’s total liability is limited to the value of the Goods and Services supplied; and
(b) NT Joinery is not liable for any indirect or consequential loss.
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11. Intellectual Property and Marketing
11.1 NT Joinery retains ownership of all designs and drawings until full payment is received.
11.2 The Customer agrees to allow NT Joinery to photograph completed work for marketing purposes.
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12. Cancellation and Storage
12.1 If the Customer cancels, the deposit is non-refundable and the Customer must pay for all work completed and materials ordered to date.
12.2 If delivery or installation is delayed by the Customer, NT Joinery may charge reasonable storage and handling costs.
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13. Notices
13.1 Notices may be given by hand delivery, post, or email to the last known address.
13.2 Email is deemed received on the day sent unless a delivery failure notice is received.
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14. General
14.1 These Terms are governed by the laws of New Zealand.
14.2 If any provision is held to be invalid, the remaining provisions remain in full force and effect.