Terms and Conditions of Trade

These terms apply to all quotations and order confirmations for goods and services purchased from First Windows and Doors Whangamata, (“the Supplier”) by any person or entity (“the Customer”) and supersede any previous terms of trade

1) Application

Unless otherwise agreed in writing by both parties, these terms of trade will apply to any goods and services supplied by the Supplier and to any financial transactions between the parties.

2) Quotation

a) Quotations are provided subject to the Supplier’s payment terms.  See 9) below.

b) Quotations are provisional only and all measurements and installation costs are subject to confirmation by a complete site measure and inspection once the order is confirmed.  Any variations to the quotation as a result of the full site measure and inspection will be advised to the Customer prior to commitment of expenditure.

c) Quotations are valid for 30 Days from the date of issuance.

d) Acceptance of the quotation constitutes an offer, acceptance of which constitutes agreement to purchase goods and services on these terms of trade.

e) Notwithstanding the above, the Supplier may also require a written order confirmation before proceeding, to which these terms of trade apply.

3) Delivery

a) Delivery costs are not included in any quotation unless specifically noted. 

b) Delivery of goods is deemed to have occurred at the time the Customer takes possession at the Supplier’s premises or when delivered to site.  Risk in the goods passes to the Customer at that point.

4) Approvals

The Supplier is not responsible for securing building consents, inspections or any documentation required by third parties for any goods supplied.

5)  Warranty

a) The Supplier complies with the Consumer Guarantees Act 1993 and any additional product guarantees provided by suppliers of components to the Supplier or as specified in the quotation.

b) The Supplier warrants that the goods supplied will be to the specifications on the quotation or as amended and agreed by the Customer on the Supplier’s order confirmation. The Suppliers liability is limited to supplying goods as specified, and no claims can be made for consequential loss or other costs incurred by the Customer.

c) The Customer accepts that there may be variations, within industry standards, between the goods and the samples and colour indications shown to the Customer.

d) The Supplier is not responsible for damage to or failure to maintain the goods by the Customer or third parties.

e) In business to business transactions the Consumer Guarantees Act 1993 will not apply.

f) The supplier warrants that it will use reasonable care and skill in the performance of any work performed pursuant to the supply.   The customer agrees that any claims made in respect of such workmanship will be lodged with the supplier within three months of the date of such work or will be regarded as invalid. 

g) First Windows and Doors products meet all statutory warranty requirements and are fully tested to ensure compliance with the New Zealand Building Code. A simple regular maintenance programme is required to comply with warranty requirements. Cleaning once every three months should be sufficient however, in coastal environments more frequent washing will be required. The frequency of washing in coastal environments should be determined by the degree of salt build up on the windows, doors and hardware, but ideally should be at least once a month to keep them working optimally and avoid salt build up that could lead to corrosion.

6) Safety

a) The Customer undertakes to ensure that the Supplier can deliver the goods safely on the site.

b) If the Supplier directly employs or contracts the installer of the goods, the Supplier reserves the right to refuse to install the goods if a safe site, as determined by the Supplier, is not provided by the Customer. 

7) Timing

The Supplier will endeavor to deliver the order on the date specified in the quotation or order confirmation but no penalty in any form will apply, if for any reason whatsoever, a specified date is not met.

8) Cancellation

If the Customer cancels the order after acceptance of the quotation or order confirmation, the Customer will be responsible for an administration fee together with the full cost of the goods or such parts of the goods for which the Supplier has committed to pay.

9) Payment

a) The Supplier will retain full ownership of all goods supplied until such time as the purchase price has been paid for in full.

b) Payment terms are as stated under the “Terms of payment” as agreed by the customer at quote acceptance.

c) The customer will not attempt to withhold payment or any part thereof by way of set off counterclaim or otherwise in respect of warranty claims which the customer has made or intends to make

d) Credit terms may be available. A completed Supplier’s “Application and terms of credit” form is required to enable the Supplier to extend payment terms if they choose to do so - subject to credit checks being agreed to and security being obtained. These terms may include but are not limited to the following:

i) Deposit upon ordering with the balance due as per invoice or prior agreement - subject to credit checks being agreed and security being obtained.

ii) If account remains unpaid after due date we reserve the right to charge interest at 2% per month AND any costs of collection

iii) An agreement to create a security interest under the Personal Property Securities Act.

iv) Personal guarantees being provided by the Directors or Principals of the Customer.

v) A financing statement being registered by the supplier over the goods.

10) Construction Contracts Act 2002  

The supplier reserves the right to invoke the Construction Contracts Act 2002 in respect of any supply pursuant to these terms of trade to which the Construction Contracts Act 2002 may apply.

11) Limitation

The Supplier reserves the right to enforce these terms and conditions despite any delay in doing so.