1.1 “Contract for Goods” shall mean an agreement (whether written or verbal) for the supply of Goods from Willow Bathrooms to the Customer in accordance with the Customer’s order accepted by Willow Bathrooms.1.2 "Customer" shall mean any person or entity Willow Bathrooms agrees to supply Goods to after accepting their order for Goods and if there is more than one Customer then each person or entity is jointly and severally the Customer.
1.7.3 References to any party includes the successors and any permitted assigns of that party and party means them collectively.
2.1 Any order placed with Willow Bathrooms by the Customer for Goods shall constitute acceptance of these terms and conditions of sale.
2.2 The Customer warrants it is over the age of 18 years (if a natural person) and has the power to enter into any Contract for Goods with Willow Bathrooms and has obtained all necessary authorisations to do so.
2.3 Additional terms and conditions may apply to certain goods supplied by Willow Bathrooms and such additional terms and conditions will be provided to the Customer at the time Willow Bathrooms confirms the Customer’s order and must be read in conjunction with these terms and conditions of sale.
3.1 An order made by the Customer for Goods shall be an offer to purchase goods from Willow Bathrooms and is subject to Willow Bathrooms accepting the offer. If the offer is accepted, Willow Bathrooms will confirm the order with the Customer.
3.2 Willow Bathrooms will endeavour to deliver the Goods nationwide within 5-10 working days. This timeframe is only an estimate and Willow Bathrooms shall not be liable to the Customer for any damages, costs or expenses incurred as a result of a late delivery. All delivery costs shall be at the Customer’s cost unless otherwise agreed.
3.3 If Willow Bathrooms is unable to supply all or some of the Goods within an order because they are no longer in stock or in production it will notify the Customer as soon as reasonably practicable and offer the Customer a full refund on the Goods which cannot be supplied and the order will be considered cancelled in relation to those Goods.
3.4 Willow Bathrooms shall not be liable to the Customer for damages, costs or expenses incurred as a result of orders, or part orders, which cannot be completed pursuant to clause 3.3.
4.1 All prices provided by Willow Bathrooms are in New Zealand dollars and include Goods and Services Tax (“GST”) unless expressly stated otherwise.
4.2 Payment for Goods is due at the time an order is placed with Willow Bathrooms unless expressly agreed otherwise.
5.1 Title and risk in the Goods passes to the Customer upon completion of delivery.
6.1 The Customer acknowledges and agrees that Willow Bathrooms is the supplier of Goods and this is the extent of its obligations and liability under any Contract for Goods unless expressly stated otherwise.
6.2 Willow Bathrooms recommends the Customer has the Goods installed (as applicable) by a plumber who is registered under the Plumbers, Gasfitters and Drainlayers Act 2006 (“Registered Plumber”). Should the Customer choose not to use a Registered Plumber, it does so at its own risk. The Customer acknowledges risks may include damage to the Goods and/or the Customer’s Property caused during and/or after the installation process.
6.3 The Customer agrees it shall not bring any claim against Willow Bathrooms for any damages, costs or expenses it incurs, directly or indirectly, as a result of the Customer’s choice of installer of the Goods.
7.1 Any Contract for Goods is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Customer acquires Goods in trade. When Goods are acquired in trade the parties agree that they contract out of the provisions of the Consumer Guarantees Act 1993.
8.1 Should all or some of the Goods received by the Customer not match the description of the Customer’s order, or be damaged, or have a defect, the Customer may have legal rights under the Consumer Guarantees Act 1993 or the Contract and Commercial Law Act 2017.
8.2 No claim for any alleged damage or defect in the Goods received by the Customer shall be accepted by Willow Bathrooms if any attempt to repair any alleged damage or defect in the Goods is made by a person not authorised by Willow Bathrooms, or if the Goods have been modified or incorrectly maintained or used.
8.3 Nothing in these terms and conditions of sale is intended to avoid the provisions of the Consumer Guarantees Act 1993 or the Contract and Commercial Law Act 2017 except to the extent permitted by such legislation. If certain liability cannot be lawfully excluded then these terms and conditions of sale shall be read to the extent necessary to comply with the Consumer Guarantees Act 1993 or the Contract and Commercial Law Act 2017.
9.1 Any costs and expenses incurred by Willow Bathrooms in enforcing its rights under these terms and conditions of sale, including legal fees as between solicitor and client, shall be recoverable from the Customer.
10.1 Willow Bathrooms shall not be liable for any loss of profit or indirect and/or consequential loss (whether arising under statute, contract, negligence or otherwise) arising out of any Contract for Goods.
10.2 In the event that Willow Bathrooms is found liable under any Contract for Goods, Willow Bathrooms’ liability shall not exceed the price of the Goods provided under the Contract for Goods under which the claim for loss has arisen.
11.1 Willow Bathrooms shall not be bound by any term, condition, representation or warranty given by the manufacturer of any Goods supplied by Willow Bathrooms.
12.1 The Customer authorises Willow Bathrooms to collect, retain and use any information about the Customer for the purpose of enforcing any rights under any Contract for Goods and for the purposes of marketing.
12.2 Where the Customer is a natural person the authorities under clause 12.1 are authorities or consents for the purposes of the Privacy Act 1993.
12.3 The Customer shall have the right to request a copy of the information about the Customer held by Willow Bathrooms and the right to request Willow Bathrooms to correct any incorrect information about the Customer.
13.1 Willow Bathrooms will comply with any laws and regulations that are applicable to the Goods it provides to the Customer.
14.1 Willow Bathrooms shall not be liable for any delay, default or failure to perform its obligations under any Contract for Goods due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond its reasonable control.
15.1 No waiver by Willow Bathrooms in respect of any breach of any Contract for Goods shall operate as a waiver in respect of any subsequent breach.
15.2 If any clause(s) of these terms and conditions of sale shall be declared invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining clauses shall not be affected, prejudiced or impaired.
15.3 Willow Bathrooms reserves the right to amend these terms and conditions of sale at any time. The Customer will be deemed to have accepted such amendment if the Customer places a further order for Goods with Willow Bathrooms.
15.4 These terms and conditions of sale are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.