Terms & Conditions — Rugs

Terms & Conditions — Rugs

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 rugs, 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.  

  1. Quote Acceptance: 

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

  • 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. 

  • 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. 

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

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

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

  • By accepting the quote, you acknowledge that a delay in payments may affect the agreed delivery. 

  1. Pricing & Payment - Unless otherwise agreed: 

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

  • Custom orders require a 50% deposit to secure the order. Production will only commence once the deposit payment is received.  

  • Standard stock sales require a 50% deposit to secure the order, or 100% payment where the product is to be dispatched immediately.  

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

  • Payment details will be shared once the quote is accepted. 

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

  • 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. 

  • 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. 

  • 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. Lead Times & Delivery 

  • Estimated lead times for delivery will be provided at the time of order. While NODI will endeavour to meet the agreed delivery schedule, it is not liable for delays caused by factors beyond its control, including, but not limited to supply chain disruptions, shipping delays, or weather conditions. Any changes to the lead time will be communicated to you as soon as possible. 

  • 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.  

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

  • 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 you will be promptly notified of any delays. 

  • 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. Acceptance 

  • Inspection upon delivery: The Customer, or their appointed representative, must inspect the Product upon delivery. Any claims relating to transit damage, defects 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.  

  • Storage Prior to Use: Where the Product is to be stored prior to use, the Customer must unpack and inspect the goods prior to storage. NODI accepts no responsibility for claims relating to defects, damage or deterioration arising from storage conditions or from failure to inspect the goods promptly upon delivery. 

  1. Cancellation (change of mind), Returns and Exchange 

Custom Product orders 

  • Custom products are final sale and cannot be returned for change of mind. 

  • If a custom order is cancelled before dispatch, a cancellation fee is incurred, charged at the rate of 50% of the order value. 

General 

  • NODI has a no refunds for change of mind policy. For applicable change-of-mind cancellations or returns, a store credit will be issued for the value of the returned product(s), minus applicable restocking fee, deposit, underlay, and PSP costs. 

  • 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. 

All cancelled orders and returns: 

  • Orders may be cancelled with no additional fees if pick, pack, and dispatch from the NODI warehouse has not commenced.  

  • If pick, pack, or dispatch has commenced, a restocking fee will apply, per the Additional Charges Schedule.  

  • If goods have been dispatched, all return freight costs to NODI are the responsibility of the customer. 

  • Change of mind returns will only be accepted within 30days of delivery. 

  • Returns are only accepted for credit if received at our warehouse in a saleable condition. Inspection will take place on receipt. Entrance Mats must be returned in their original jute packaging. 

Exchange policy 

  • An exchange may be arranged subject to availability. 

  • Any delivery charges for exchanges must be paid prior to dispatch. 

Exclusions 

  • NODI does not offer change-of-mind returns or exchanges on the following: 

  • Archive, seconds or sale products. 

  • Custom products 

  1. Warranty & Defects 

  • NODI rugs are covered by a 12month manufacturing defect warranty, subject to the full terms and conditions outlined in our NODI Rugs Warranty. This warranty applies to the original purchaser only.  

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

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

  • This warranty applies exclusively to NODI rugs.  

  • NODI Rugs are not intended for installation as a carpet. Where a rug is installed as a carpet this warranty does not apply 

  1. 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. 

  1. 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. 

  1. Assignment and Force Majeure 

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

  • 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. 

  • 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. 

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

  1. Limitation of liability 

  • 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. 

  • 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 

Scope 

Storage fee 

$11.00 per week per rug 

Applicable where the agreed dispatch date is delayed. NODI will hold your order for up to four weeks from the original agreed Dispatch 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. 

Restocking fee 

$350 per rug 

Any change of mind return will incur a restocking.