Unless otherwise expressly agreed in writing by Swinard Wooden Floors Limited (“we, us or our”), these Terms and Conditions shall apply to any quotation, confirmation or tender response given by us and to any agreement for the supply of goods and/or the performance of works by us to you (the “Client” or “you”).

1. Quotation Terms

1.1  Any prices must be accepted within 30 days of the date of issue. If our price is not accepted within this time, then it will be deemed to have expired.

1.2  Our pricing does not include:
a.  preparation and rectification of the subfloor; or
b.  trims and beadings, unless otherwise stated.

1.3  Our pricing is subject to site measurement and inspection, as well as availability of materials and is based upon the cost of labour and materials as at the quotation date. It does not include the cost of any remedial work not reasonably discoverable by visual inspection.

2.  Terms of Payment

2.1  If your quote includes timber flooring, we require payment for this in full on placing your order.  We only install timber that has been paid for in advance.

2.2  25% of the account is to be paid on the installation of the floor – if required.

2.3  The balance of the price quoted is to be paid by the Due Date.

2.4  Where a payment claim is issued under the Construction Contracts Act 2002, unless agreed otherwise, the payment schedule is due within 5 calendar days of the date of our payment claim. Payment is to be made within 7 calendar days of the date of our payment claim (“the Due Date”).

2.5  Payment schedules must be sent to us by email to floors@swinard.co.nz . If they are not sent to this email address, then they will be invalid for lack of proper service.

2.6  If you do not make payment on the Due Date, you shall be liable to pay:
a.  default interest at the rate of 2% per month, which shall accrue on a daily basis on the total amount outstanding from the Due Date to the date of payment in full; and
b.  any legal costs on a solicitor/client basis that we incur incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms and Conditions.

3.  Delivery, Risk and Insurance

3.1  Time shall not be deemed of the essence, and we shall not be responsible for any reasonable delay in completion.

3.2  Goods delivered to site are at the Client or end user’s risk from the date of delivery. Claims will not be accepted unless made in writing within 14 days of receipt of delivery and our liability for any such claim shall be limited to the replacement cost of the defective goods supplied. Any timber being stored on-site prior to installation must be stored in conditions similar to those in which it is to be laid. This allows for acclimatisation. It cannot be exposed to moisture or direct sun. It should be stored at a minimum of 200mm above a concrete surface or ground with a moisture barrier in between. It will also need regular supports to ensure the boards remain straight.

3.3  Ownership of goods delivered and stored by us, shall pass to you upon payment. Goods stored at our Magdala Place premises are covered by our insurance.

4.  Title

4.1  Our delivery of any goods to you is made on the express condition that title in the goods shall not pass to you until you have paid the purchase price of the goods in full.

4.2  If we at any time deem your credit to be unsatisfactory, we may require security for payment, in an amount that we consider necessary, and may withhold delivery and/or cease installation until the provision of sufficient security.

5.  Guarantee

5.1  Our workmanship is covered by a two-year guarantee from date of completion. Products used carry guarantees issued by the manufacturer. All products are covered under the Consumer Guarantees Act 1993. Guarantees become operative upon full payment. Written guarantees are only issued on request.

6.  Liability

6.1  Insofar as we may be liable for any loss, damage or injury arising directly or indirectly from any defect in supplied materials or works, our total liability, whether in tort, contract or otherwise, will be limited to the lesser of:
a.  the contract price for the works or
b.  the cost of repairing or replacing (at our option) the defective materials or works;
c.  the actual loss or damage suffered by the end user/Client.

6.2.  A defect does not include:
a.  fair wear and tear;
b.  any colour or grain differences between different boards;
c.  any fading of colour caused by natural sunlight and/or artificial light;
d.  damage not caused by us or our agents;
e.  problems or damage resulting from your failure to carry out normal or reasonable maintenance;
f.  problems or damage resulting from your failure to follow our advice (e.g. affixing the floor with tape, which may damage the polyurethane/oil when removed);
g.  further problems or damage resulting from your failure to remediate or failure to advise us once a defect became apparent within a reasonable time.

7.  Miscellaneous

7.1  We reserve the right to determine whether the site is ready for flooring installation.

7.2. We may sub-contract any part of our works. No sub-contractor has authority to agree to any variation of the contract (or any works to be performed under it) on our behalf.

7.3  Floors are to be inspected by you and any defects are to be reported to us within five (5) working days, otherwise the floor is deemed to be satisfactory and accepted.

7.4  To the extent permitted by law, we will not be liable for any liquidated or general damages for delay.

7.5  If any part, term or provision of these Terms and Conditions is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if these Term and Conditions did not contain the particular part, term or provision held to be illegal or invalid.