Terms & Conditions — Carpet

Terms & Conditions — Carpet

TERMS & CONDITIONS OF SALE 

Any queries can be sent to your NODI representative or to our client support team at hello@nodi.co.nz. 

For the purposes of these terms of sale, the following definitions shall apply: 

NODI means NODI Handmade Rugs Limited. 

Customer or You means the individual, company, or other entity that purchases goods or services from NODI and includes any person acting on behalf of or with the authority of the customer. 

Goods means all carpet, materials or other items provided by NODI, including any associated services such as installation, delivery, and consultation. For clarity, these terms do not apply to the sale of rug products from NODI. 

Services means the labour, installation or other professional services provided by NODI in relation to the goods. 

Price means the total price paid by you for the goods and services, including any additional costs such as freight, insurance, and GST. 

Any goods and services supplied by NODI to the customer will be supplied on these terms only. The only circumstance where any variation to these terms will apply is where NODI has expressly agreed in writing to the variation.  

 

Standard Exclusions: Unless agreed upon in writing in your quotation, carpet installation excludes: 

  • floor preparation, including, but not limited to floor levelling and door trimming, and 

  • removal of carpet, furniture, appliances, or other items from the site, and installation of carpet under joinery units. 

Quote Acceptance: 

  1. Quotes are valid for 30 days from the date of issue. 

  1. Quotes include all details supplied to NODI, any extra goods or services included in the quote are clearly noted. Any missing details or requirements should be notified to your NODI representative so that an amended quote can be supplied. 

  1. By accepting the quote, you are accepting that the goods and services in the quote are correct, and you are agreeing to our terms and conditions of sale. 

  1. Acceptance of the quote does not secure your order; orders are secured once the deposit payment has been received by NODI within 7 days of invoice issue date. 

  1. NODI reserves the right to withdraw its quote at any time before acceptance. 

  1. If goods are required in addition to the quotation, you agree to pay any additional cost. 

  1. By accepting the quote, you acknowledge that a delay in payments may affect the agreed delivery and installation schedule.  

Pricing changes 

  1. You accept that pricing in our quotation is subject to change based on final site visits and measurements or where additional goods or services are required to complete the installation. 

  1. If you request a variation in the goods or services agreed, we will act reasonably to consider and accommodate your request.  

  1. Any onsite delays created by a third party may require an extended installation period, which may incur further charges. 

  1. Any variations to the goods, services or price will be communicated to you and variations will not commence until both parties have agreed in writing to the changes and, if required, further payment has been received to cover the change(s). 

Pricing & Payment 

  1. Unless otherwise agreed: 

  • Pricing on quotes is valid for 30 days from issue. 

  • A 50% deposit is required to secure your order.  

  • For custom product orders, production will only commence once the deposit payment is received. 

  • Payment details will be shared once you have accepted the quote. 

  • All outstanding balance payments are due in full prior to dispatch of the goods.  

  • Any additional charges that are incurred must be paid immediately upon invoice for work to continue. 

  • Payments are due within 7 days of invoice issue date. 

  1. If any amount remains unpaid seven working days after completion, NODI may charge interest on the sum owed at a rate of 5% per month, calculated on a simple interest basis. 

  1. Any expenses incurred by NODI in collection of the sums due (including filing fees, legal fees on an actual solicitor/client basis, or debt collection agency fees) will be payable by you. 

  1. If no price has been stated in writing or verbally agreed to, the goods will be deemed to be sold at the current amount charged by NODI. The price may be increased by the amount of any reasonable increase in the cost of supply that is beyond the reasonable control of NODI. 

  1. If a dispute over payment arises, the customer will notify NODI in writing within 7 days of receipt of the invoice, detailing the reasons for the dispute. Any undisputed portion of the invoice must still be paid within the original terms while the dispute is being resolved.  

  1. Customer responsibilities: The customer is responsible for ensuring that the site is ready for installation on the date agreed with NODI. Unless expressly agreed otherwise, this includes:  

  • Floor levelling, and 

  • Ensuring other trades have completed work prior to the installation date, including trimming doors in preparation for carpet installation, and 

  • Removing any existing floor covering, furniture, appliances, and other objects from the installation site, and 

  • Ease of access to site, and 

  • Paint cure time. Any new paint that has not been allowed to cure for a minimum of 28 days (weather dependent) is prone to scuffing and scratching during carpet installation. This may require touching up by other trades after the installation is complete. NODI will not be held responsible for any scuffing or damage caused by carpet installation if paint is not properly cured, and 

  • Eradication of any insect infestation and prevention measures to treat floors prior to installation. 

Lead Times & Delivery 

  1. Estimated lead times for delivery or installation will be provided at the time of order. These lead times are subject to change. Any changes to the lead time will be communicated to you as soon as possible. NODI is not responsible for any delays caused by factors beyond its control, including, but not limited to supply chain disruptions, shipping delays, or weather conditions. 

  1. Production for custom orders will begin once the deposit payment has been received in full. The delivery date is subject to our shipping schedule, and the final delivery lead time can be confirmed once production has commenced.  

  1. Delivery will be made to the address outlined in the sales order. 

  1. You agree that if we fail to deliver on time, you will not be entitled to cancel this agreement. NODI will endeavour to deliver to the schedule agreed and any delays will be promptly notified to the site representative. 

  1. If you are unavailable or unable to accept the goods within the agreed time frame of delivery, you accept we can charge you a reasonable fee for storage, per the Additional Charges Schedule. 

  1. While NODI will endeavour to meet the agreed delivery schedule, it is not liable for costs or delays caused by factors outside of its control, including, but not limited to weather conditions, transport disruptions, or third-party delays. 

Acceptance 

  1. Inspection upon delivery: The Customer, or their appointed representative, must inspect the Product upon delivery. Any claims relating to visible defects, transit damage, or discrepancies must be submitted to NODI in writing within 48 hours of delivery. If no such notification is received within this period, the goods shall be deemed to have been accepted in full and in good condition. 

  1. Final acceptance upon installation: Installation, including any cutting or modification of the carpet, constitutes final acceptance of the product. Claims for defects or issues that would have been reasonably apparent prior to installation will not be accepted once the product has been installed. 

  1. Storage Prior to Installation: Where carpet is stored prior to installation, it is the Customer’s responsibility to ensure that all products are kept in a clean, dry, and secure environment. NODI accepts no liability for any damage, distortion, contamination, or deterioration that arises because of improper or extended storage. 

Cancellation (change of mind) and Returns 

General 

  1. NODI has a no refunds for change of mind policy on carpet once the order is being prepared at, or has dispatched from, the NODI warehouse. 

  1. This policy does not limit your rights under the Consumer Guarantees Act 1993, which entitles you to a repair, replacement, or refund in the case of a faulty product. 

Custom product orders 

  1. Deposits on custom products are non-refundable once production has commenced. 

Stocked product orders 

  1. If the order has not been prepared for dispatch, an order cancellation fee is incurred, charged at the rate of 25% of the order value.  

All cancelled orders 

  1. Refunds will be issued in line with the above cancellation policies and only after applicable deposits, fees and other charges have been deducted. 

  1. Refunds will be processed within 10 working days of cancellation approval by NODI. 

  1. Warranty & Defects 

  1. NODI woollen carpets are covered by a 5-year manufacturing defect warranty, subject to the full terms and conditions outlined in our NODI Carpet Warranty. This warranty applies to the original purchaser and the installation site only.  

  1. Any defects or issues must be reported in writing within 7 days of discovery.  

  1. This warranty does not cover damage caused by improper installation, wear and tear, exposure to sunlight, or damage due to improper use or maintenance. 

  1. This warranty applies exclusively to NODI woollen carpets. Any other products installed as carpet, including, but not limited to rugs or alternative fibre carpets, are not covered under this warranty unless explicitly agreed upon in writing prior to installation. 

Suspension and Termination:

NODI has the right to suspend this contract if any event of default occurs, but this will not prejudice NODI's right to claim for money due as at the date of such cancellation.

Guarantee and Personal Obligation:

If you are a company or a trust, then in consideration of NODI accepting this contract, you also sign this contract in your personal capacity, and you jointly and severally guarantee the performance of the customer hereunder, and you sign as a principal obligor.

Assignment and Force Majeure
 

  1. Assignment of Rights: You cannot assign your rights hereunder without the prior written consent of NODI. 

  1. Force Majeure: NODI will not be liable to perform its obligations hereunder if the failure is due to events beyond its control, including, but not limited to pandemics, government regulations or acts of God. 

  1. Non-Waiver of Rights: Failure by NODI to enforce any of its rights or remedies under these terms at any time shall not be deemed a waiver of those rights or remedies. NODI retains the right to enforce its rights and remedies at any time, despite any delay or omission in exercising them. 

  1. Severability: If any provision of these terms is deemed to be invalid or unenforceable, the remaining provisions will be unaffected. 

  1. Limitation of liability
     

  1. Except as required by applicable law, NODI shall not be liable for any loss or damage incurred by you or any third party, unless such loss or damage directly results from the goods or services provided by NODI. In no event shall NODI be liable for any indirect, incidental, special, or consequential losses or damages, including, but not limited to loss of profits, business interruption, or loss of data, arising out of or in connection with the goods or services provided. 

  1. Nothing in this agreement shall limit or exclude NODI’s liability in circumstances where such liability is mandated by applicable consumer protection laws. 

  1. Ownership:

    Title to the goods will pass to you only on receipt by NODI of payment in full of all sums due to NODI, and until then, NODI has a security interest in the goods and may register that interest under the Personal Property Securities Act 1999. If the goods are attached, fixed or incorporated into any property of yours by way of any manufacturing or assembly process by you or any third party, title to the goods will remain with NODI until payment has been received by NODI in full, and where the goods have been mixed with other property so as to  be part of a constituent of any new goods, title to the new goods is deemed to be assigned to NODI as security  for the full sums owed by you. You hereby give NODI an irrevocable authority to enter any premises occupied by  you or on which the goods are situated at any reasonable time after default (or before such default if NODI  reasonably believes that default is likely) and to remove and repossess any goods and any other property to  which goods are attached or into which goods are incorporated. NODI will not be liable for any costs, damages, expenses, or losses incurred by you or any third party

    as a result of this action. NODI may resell the goods and credit your account with the proceeds of sale (after deduction of all costs incurred in connection with such repossession and reselling) or may retain any repossessed goods and credit your account with the then value thereof (after deduction of all costs incurred in connection with such repossession).     
  1. Grant of Security Interest:

    If payment is not made in advance for any reason, you agree that, as security for any and all obligations you owe to us, we may register a security interest over any goods supplied to you in accordance with the Personal Property Securities Act 1999 (PPSA). 

  1. Governing law:

    This agreement shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand. 

  1. Privacy:

    You authorise us to collect, retain and use any information about you for the purpose of assessing your creditworthiness, enforcing these terms, or marketing products to you. In that regard, you authorise us to disclose any information we have collected about you to third parties for these purposes, and these terms constitute your authority or consent in terms of the Privacy Act 2020. 

  1. Marketing and Communication:

    NODI sends occasional emails to inform customers of new products and sales. Please advise your sales representative or email hello@nodi.co.nz if you do not wish to receive future communication from NODI. You may also unsubscribe at any time directly from emails received. 

  1. Additional Charges Schedule

    The customer agrees that the following additional charges may be applied - 

Charge 

Amount NZD 

Where applicable 

Moving of furniture 

$150 per room 

Where moving of furniture is required but has not been included in the quote.  

A room has five or less pieces of furniture, but does not cover antiques, TVs, computers, pianos, and safes. Customers must remove all clutter - i.e., small items and clothing. 

Installation rescheduling 

$300 per date change 

Any job rescheduled by the client inside three working days prior to agreed install date for Auckland sites and 10 days prior for all outside of Auckland installations. 

Storage fee 

$36.50 per week per carpet roll 

Applicable where the agreed dispatch date is delayed. NODI will hold your order for up to four weeks from the original agreed Delivery Date (outlined on your sales order). After this, charges will apply and will be invoiced monthly until the order dispatches from the NODI warehouse. Payment of these fees is due in full prior to dispatch.