TOMTOMJAK TERMS AND CONDITIONS

In these conditions “the Seller” means TomTomJak Ltd. or any subsidiary or associated company and “the Customer” means the purchaser of goods from the Seller under these conditions

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2. General: In the event that Customers’ orders contain conditions, such conditions are only acceptable in so far as they are consistent with our terms and conditions.

3. Law & Jurisdiction: These conditions shall be governed by New Zealand Law and the Customer agrees to submit to the jurisdiction of the New Zealand Courts.

4. Description of Goods: The description of goods contained in the Seller’s copy and or confirmation of order shall be deemed to be the correct description of goods. Every care has been taken to ensure that the description and specifications are correct at the time of going to production and the colour reproduction is a reasonable representation. However slight variation in the actual goods supplied can occur.

5. Representations: The Seller’s employees are not authorised to make any representations as to the life or wear of the goods supplied.

6. Terms of Payment: Furniture orders require 50 % deposit and the remaining total of all invoices/order forms shall be payable in full prior to arranging delivery or collection of the goods. Balance of payment for goods shall be made on notification by the Seller that the goods are available for collection or delivery.

7. Furniture Delivery & Storage: Any time or date named by the Seller for delivery is given and intended as an estimate only (currently Saturday) and the Seller shall not be liable for any delay in delivery resulting from use of a third party carrier. All goods delivered to the Customers premises and accepted by the Customer become the sole responsibility of the Customer and the Seller shall not be liable for any loss or damage to the goods thereafter. Delivery by the Seller is affected when the goods are tendered to the Customer at the Customer’s designated delivery address. The Seller is not responsible for the unloading of the goods and it is the Customers responsibility to off-load at the Customers own risk and expense.
Where a Customer fails for any reason to take delivery at the time when the goods are ready for delivery the Seller shall if its storage facilities permit store the said goods and take all reasonable steps to prevent their deterioration until the act of delivery and the Customer shall be liable to the Seller for the reasonable costs (including insurance) of its so doing. This provision shall be in addition to not in substitution of any other payment or damages for which the Customer may become liable in respect of his failure to take delivery at the appropriate date.

8. Cancellation of Order: The Seller reserves the express right not to accept any cancellation of an order by the Customer. Where goods are produced specially to a customer’s order no cancellation or amendment will be accepted.

9. Refunds: The Seller will provide a refund if goods are returned in original condition and packaging within seven days. An exchange or credit note will be provided if goods are returned in original condition and packaging within thirty days. This policy does not apply to furniture, sale items or custom made goods.

10. Damaged or Defective Goods: The Seller will despatch all delivered goods under cover of a delivery note. Damage or other discrepancy noted on delivery must be notified immediately in writing to the Carrier and to the Seller. The Seller shall use its judgement in determining whether or not any complaint made by the Customer is valid. In no circumstances can any complaint be entertained where the state or condition complained of results directly or indirectly from the Customers actions.

11. Price & Product Variation: The Seller reserves the right to add or delete goods from the range or to change products in connection with improvement or development. All prices may be subject to alteration. However the price, type and quality of the goods agreed at the time of the Confirmation of Order will be maintained.

GUARANTEE We offer only the highest quality products and have described them as accurately as possible. We are continually developing our products, therefore sizes and design details may vary. Our products are hand finished in small batch production and are subject to availability. If the goods are faulty, the seller will meet its obligations under the Consumer Guarantees Act to provide a remedy. We promise to handle any problems promptly and courteously. Prices quoted are correct at time of publication.