Kitchen — Design Sign-Off

1. INTERPRETATION

1.1 In these conditions the following words shall unless the context otherwise require have the following meanings:

1.2 “You; Your/s; they; The Customer; The Client”, and “the Order; Furniture; Goods” shall be as specified in the attached order and quotation (“the Quotation”)

1.3 “We; Us; Our” Inspire Kitchens

1.4 “The Contract” the contract for the sale or supply of Goods and/or Services including any amendments thereto agreed in writing by the client and Inspire Kitchens.

1.5 “The Contractual Documents” the quotation, fit & supply terms & conditions, drawings and any other documents or plans specified in the quotation.

1.6 “Third Party Trade Person/s” is those which comprise of installation teams, carpenter, plumber, electrician, plasterer, tiler, builder or any other type of skilled or unskilled manual worker.

1.7 “The Conditions” the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) including any special terms agreed in writing with Inspire Kitchens.

2. AMENDMENTS

2.1 Inspire Kitchens of 5B Volkner Place, Rosedale, Auckland 0632 reserves the right to update our terms and conditions without any prior notice. If you do not agree or accept the new conditions you should not continue to order any further products. If you continue to order after the date on which changes come into effect your orders or purchases indicate your agreement to be bound by the new terms.

2.2 Changes/amendments to Terms and Conditions do not affect previously signed/agreed Terms and Conditions.

3. PERSONAL INFORMATION

3.1 You warrant that the personal information which you provide to complete debit, credit card or other payment transactions is true, accurate, current and complete in all respects.

3.2 You are not impersonating any other person or entity.

4. THIRD PARTY LINKS

4.1 As a convenience to our customers, we may recommend, and our website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material, nor do we review or endorse these.

4.2 We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites, companies, or products nor for any damage, loss or offence caused or alleged to be caused in connection with the use of or reliance on any such advertising, content, products, material or services available on such external websites or sources.

5. ORDERS, DELIVERY & FULFILMENT

5.1 All orders are subject to acceptance and availability. If the goods ordered are not available for any reason, you will be notified by telephone (or by other means if no telephone number is provided). You will have the option either to wait until the item is available from stock or to replace that particular part. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to signing this agreement. The conclusion of a contract between you and us will take place upon successfully completing the full installation as described in the contract. By accepting these terms and conditions when you make a purchase, you authorise us to process payments from the credit or debit card details supplied and to conduct validation checks by cross checking your details. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from us. From time to time Inspire Kitchens reserves the right to perform additional security checks.

5.2 Production Lead Time: From the date of signing the Final Documents and upon receipt of the Deposit, Inspire Kitchens requires a minimum of six to twelve (6-12) weeks depending on the material selected for production and delivery of the project.

5.3 On the day of delivery goods can be delivered between 8:30 and 17:30 (Monday-Friday) unless a timed delivery has been paid for. If you or an authorised representative are not present on the agreed date the items will be taken back to our warehouse. This will incur admin, re-stocking, customs, and re-delivery charges which must be paid for prior to the re-arranged date and time.

5.4 The Company reserves the right to make deliveries and/or services by instalments.

6. DAMAGED GOODS

6.1 If in the unlikely event you receive goods which are damaged you must inform us within 24 hours of receiving the goods on 09 447 1400 or email sales@inspirekitchens.co.nz. You may be asked to fill out the Claim Form with a detailed description of any damages and provide photos of the damaged product.

6.2 If damage is reported after 24 hours it is at the director’s discretion, and any damage reported after 7 days will not be eligible for refund, exchange or compensation.

6.3 Orders are accepted and dates for delivery given without responsibility for delays arising through uncertainties of stock availability, accidents, strikes and other causes beyond our control.

6.4 If remedial items are needed for your project for any reason these items will either be replaced with a similar available product or made in the next available timeframe. If these do not have any impact on the use of the installed products, then payments would still need to be made when due upon substantial completion.

7. PRICES & PAYMENT

7.1 All quoted and advertised prices are fully inclusive at the current exchange rates and are correct at the time of entering the information on our system. We reserve the right to change advertised or quoted prices at any time without notice to you, prior to agreeing on this contract.

7.2 We accept Visa and Mastercard for payments and cheques.

7.3 Payment will be taken from your card immediately as you place the order. Any refunds to cards may take up to 10 working days for your bank to process and we cannot be held responsible for any delays in refund payments.

7.4 You confirm that the credit or debit card that is being used is yours. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer.

7.5 If the issuer of your payment card refuses to, or does not for any reason, authorise payment to us, we will not be liable to you for any delay or non-delivery.

7.6 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

7.7 The price for the Goods and/or Services shall be paid in accordance with the provisions set out by Inspire Kitchens.

7.8 If payment of the price for the contract or any part of it is not made by the due date then, without prejudice to all other remedies against the client, Inspire Kitchens shall be entitled to levy an administration charge of 4.5%.

7.9 If any monies are not paid by the due date to Inspire Kitchens as per your agreed contract and in turn breaching your contract, then Inspire Kitchens is entitled to immediate payment in full of all outstanding monies — the total value of the contract including storage, products and any other administrative charges. The account and all contract works will cease until the account is settled.

7.10 All furniture, kitchens, cabinets, bathroom, worktops, tiles, appliances, sinks & taps and accessories remain the property of Inspire Kitchens until paid for in full.

7.11 All payments and final balances need to be made to Inspire Kitchens as per the terms of the contract. Failure to provide this payment will result in a delay in delivering your kitchen or other furniture.

7.12 All deposits and payments are non-refundable.

8. DEPOSIT

A 50% deposit is required and due for payment for standard cabinets on acceptance of the Contract; the balance must be paid 48 hours prior to delivery of cabinetry. Full payment is required for benchtops, customised cabinets and special orders (accessories & appliances) on acceptance of the Contract. Please note that benchtops will be templated following installation. Installation of benchtops will take a further 10–14 working days after templating. Please note that splashbacks will be templated following the benchtop's installation. Installation of splashbacks will take a further 10–14 working days after templating.

9. REFUND

Once an order is placed by us on your behalf (subject to your rights under the Consumer Guarantees Act), there will be no refunds on any made-to-order and special-order items. All custom-made kitchen cabinetry and benchtops are special orders and are non-returnable.

10. OUTSTANDING BALANCE

All amounts still outstanding after deducting the 50% deposit and any other payments made will become due immediately, 48 hours prior to delivery of the order. We reserve the right to not deliver if the balance is outstanding.

11. COLOUR MATCHING SAMPLES

11.1 Should Inspire Kitchens be asked to colour match any product, a reasonable tolerance will need to be allowed for due to material and reflective properties of different finishes. If in any doubt we would ask for a sample to be signed for and agreed; if this is not done then our company standard sample will be provided.

11.2 The Customer acknowledges that any product samples shown to the Customer are indicative only. The Customer accepts eventual slight variations in colour when placing the order. For example, and without limitation, wood finishes can vary in colour over time due to exposure to light and the ageing of the wood. In the case of additional orders, the Supplier cannot guarantee an exact colour match and the same wood grain as the original products or sample. Unless a sample has been signed and agreed by both parties, our standard company product will be supplied.

12. FINAL DRAWINGS & CONTRACT

12.1 The final drawings signed by the client will be the final kitchen or furniture layout that the client will receive at time of delivery. Any amendments made after your contract is signed will be made at your cost.

12.2 If Inspire Kitchens makes any amendments to the final signed drawings and this has an impact on the fitting of the kitchen/furniture, it is Inspire Kitchens' responsibility to meet the cost and provide additional pieces of furniture.

12.3 If you, the customer, make any amendments to the final signed drawings and this has an impact on the fitting of the kitchen/furniture, it is the customer's responsibility to meet the cost and provide additional pieces of furniture. Inspire Kitchens will provide any additional pieces of furniture required at a charge to the client if this occurs, subject to the client's written approval.

12.4 If the Client is providing building, electrical and plumbing dimensions, it is the Client's responsibility to exhaustively check that they are completely satisfied with all the dimensions that have been provided to Inspire Kitchens. This includes room size, height of the room, units, colour, style and position of all doors, windows, switches, sockets, gas supply, water supply and drainage. If any dimensions provided turn out to be incorrect you may incur subsequent charges as in clause 18.1. Any drawings supplied by Inspire Kitchens must be signed off by the client.

12.5 It is the Client's responsibility to exhaustively check that they are completely satisfied with the selected furniture sizes, style, design and colours. If it is agreed that Inspire Kitchens is taking site measurements, it is Inspire Kitchens' sole responsibility to ensure that all measurements are correct and the furniture fits as shown in the attached designs. Inspire Kitchens is responsible for providing the client with a design within the agreed time from signing this agreement. The Client will ensure the design meets Inspire Kitchens' exact requirements.

12.6 Unless the Contract and the Terms & Conditions are signed, Inspire Kitchens will not proceed with the manufacturing of your kitchen/furniture.

12.7 Final drawings and rendered images are only indicative of finishes, colours, handles and details and are for illustration purposes only, for confirmation of design and layout rather than exact colour/finish matches.

13. CLEAN SITE & READY SITE

13.1 The Customer is responsible for preparing the premises and providing a clean and ready site to allow installation of the Products by the Supplier. For the purposes of this clause “clean site & ready” means all preparation work in relation to the premises and site for installing/delivery of the Products being completed — including, without limitation, structural, flooring, substrate, electrical and plumbing works finished and tested, including active air conditioning — and the premises being in a clean and clear condition allowing unimpeded access for the purpose of installing the products. There must be a permanent supply of power at the premises. The Customer agrees that, unless otherwise agreed in writing, the purchase price is determined on the basis of the Customer providing a clean and ready site before the Supplier commences installing the Products. If, in the reasonable opinion of the Supplier, the Customer has failed to provide a clean site, the Supplier is not obliged to deliver or commence installing the Products until such time as the Customer provides a clean site to the Supplier's satisfaction.

13.2 In such a case the customer will be liable for delay and storage charges outlined in section 17 of these terms and conditions.

13.3 If the client insists on taking delivery and/or commencing installation against our recommendations, the client will be asked to sign a delivery waiver and the guarantee will be void. The account, including storage, must be settled in full and the client will assume full responsibility and liability for the furniture on site.

13.4 Even after a delivery waiver is signed by the client, it is at the Director's discretion — usually after a site inspection — as to whether we would allow the goods to be delivered to site and installation to commence.

13.5 If installation commences after a delivery waiver is signed and against our recommendations, the client may incur additional installation charges if our teams are unable to complete the project within our standard timeframes. Delays from third-party contractors and teams being removed back and forth from site may incur surcharges based on the costs suffered by Inspire Kitchens.

14. SECURITY

14.1 The Customer is responsible for securing the premises and ensuring that the premises are always safe and dry. The Supplier will not be responsible for any loss or damage to products as a result of the premises not being secure, safe and dry once the items have been delivered and signed for.

15. PRE-INSTALLATION

15.1 We expect all flooring to be flat/level and ready for base units and tall units to be fitted.

15.2 We expect all walls to be flat and level, ready for tall & wall units to be fitted.

15.3 The client will incur any charges to modify the furniture if the floors are uneven or the walls are not flush and the furniture needs to be modified. These additional costs will not be covered by Inspire Kitchens, including — and not limited to — additional visits to re-position and re-install furniture.

15.4 When Inspire Kitchens arrives to carry out installation of your kitchen/furniture, if any amendments from your signed Contract have been made to the room size, height of the room, position of doors, windows, switches, sockets, gas supply, water supply or drainage, and this requires additional furniture, this cost will not be covered by Inspire Kitchens.

15.5 Any installation amendments or additional installation requirements that deviate from Inspire Kitchens' scope of work/contract will be charged in advance to the client at $1000 per day. This may include removal of our cabinets for other tradespeople.

16. DELIVERY TO SITE

16.1 We will offer you, the client, the first available date and time for delivery of your kitchen/furniture. It is the client's responsibility to ensure that there is adequate space to store the kitchen and that the site is ready to accept our cabinets. The storage area will need to be clean, dry, secure and clear of obstructions as per section 13. If this date and time cannot be met due to any circumstances on the client's site, you will be offered the next available installation date, which could be up to 8 weeks later.

16.2 We make every effort to ensure that your order is received in pristine condition. We transport our products in a method suitable to the product to make sure it is not damaged during delivery. However, in the unlikely event that your order is damaged during transit or found to be missing from the delivery, it is the responsibility of Inspire Kitchens to deliver and supply the customer with the correct number of pieces of furniture, as per section 6.

16.3 It is the responsibility of Inspire Kitchens to deliver your kitchen/furniture as per your signed agreement. This covers the furniture style, colour and any additional requirements for your kitchen/room. If we do not fulfil our duty with any of the above, we will incur the cost to replace and deliver these items.

16.4 Inspire Kitchens is responsible for removing your kitchen/furniture from the vehicle, delivering it onto site and installing it.

16.5 The driver is NOT responsible for moving your furniture any unreasonable distance from the vehicle. It is Inspire Kitchens' responsibility to have staff available to move the furniture to the allocated space inside.

16.6 If you cannot be present at the time of delivery, you must arrange to have a responsible and authorised signatory available at the time of delivery who is authorised to inspect, accept and sign for the kitchen/furniture. Prior to installation the client may sign for receipt of boxes with no responsibility for inspecting or approving the content of these boxes. It is Inspire Kitchens' responsibility to ensure the complete order is delivered with nothing missing and free from any defect, including manufacturing or damage resulting from transportation. Inspire Kitchens will accept no responsibility for any claims concerning defective or damaged goods once the client has signed a form indicating acceptance of substantial and successful installation.

16.7 Once goods are checked and signed for, it is your responsibility to meet the cost of any replacement pieces of furniture.

16.8 It is Inspire Kitchens' responsibility to deliver all items to the designated room free from any damage to the items themselves or to the actual site or location, based on a site inspection held prior to signing this agreement. Should the client change anything on site — including halls, doorways, stairs or other access ways — Inspire Kitchens will not be held responsible to deliver the items and will consult the client on finding a mutually agreeable solution.

16.9 When providing an inside delivery service we only deliver through a ground floor or basement entrance and go up to a second-floor level. We cannot deliver above this level unless there is suitable elevator access. If you have any special delivery request there may be an extra charge to the client; the cost of this charge will be estimated by Inspire Kitchens after inspection of the site/circumstances.

16.10 You are solely responsible for clearing the designated room and the path leading to it of any obstacles in advance of delivery. Unless notified prior to delivery, our delivery driver will not be responsible for moving or dismantling any furniture.

16.11 Inspire Kitchens requires a clearing of at least 1100mm to ensure all pieces of furniture are able to enter both the property and the installation area. It is your responsibility to advise Inspire Kitchens of any potential obstacle to the successful delivery of your furniture order, including (but not limited to) the building's elevator size, doorway sizes and stairwell sizes. Please note that, as per clause 16.9, Inspire Kitchens cannot deliver above the second-floor level unless a suitable elevator is available. Also note that some longer items, such as (but not limited to) worktops, may need to be provided in two or more sections and joined on site if the elevator size so dictates. If you are in any doubt, please ask your Inspire Kitchens designer to arrange a site inspection.

16.12 It is the client's responsibility to make arrangements with the developer/property management company and make payments to enter the premises, grounds or site location with permissions. Failing to do so may result in a delay in delivery and may incur additional charges.

17. STORAGE & DELAYS

17.1 If a scheduled delivery is cancelled, refused, or no one is at home to accept it, you (the client) will be charged a fee of $1000 to re-deliver, which must be paid prior to the re-delivery, even if the original delivery was free of charge. This repeat delivery charge will also apply if you cancel an agreed delivery date/timeslot less than 2 working days prior to the agreed date.

17.2 Delivery deadlines are agreed by both parties. With that agreement, Inspire Kitchens books production allocation in the factory as per the agreed date. If for some reason the Client moves the deadline further than one month, Inspire Kitchens will require a certain percentage of the remaining balance to be paid as compensation for the created cash gap in the company and the affected allocated production space.

17.3 If delivery cannot be made due to delays, contractors, third parties or the site not being ready for delivery, Inspire Kitchens will allow storage in our factory for a maximum of 14 working days from the agreed date of delivery. From this point onwards, storage charges of $3.00/m³ per day will be charged. Your kitchen or furniture has an exact size and weight from our factory, and this will be used to assign charges.

17.4 All storage charges will be invoiced and payment due on invoice.

17.5 If any storage charges or payment schedules as per your signed contract are not met, which in turn breaches your contract, Inspire Kitchens would require full payment of all outstanding monies — the full value of the contract and storage charges — prior to delivery.

17.6 The client, at the point storage charges are incurred, is able to take delivery of the goods and arrange their own storage, so long as the account is settled in full and they accept liability for the furniture by signing any delivery waivers.

17.7 Inspire Kitchens is not liable for compensation for delays due to the factory's production timeline and unforeseen circumstances. If any such delays result in a total delay of 8 weeks or more from the date given to the client in this contract, the client will be notified in writing prior to the manufacturing date with an option to cancel the contract and receive a full refund.

17.8 Unless specified, it is agreed with the client that they require immediate production in the next available manufacturing slot and immediate delivery to site once the goods are produced.

17.9 For any delays incurred by the Client, Inspire Kitchens is happy to cover the cost of storage; however, if the delay is more than 14 days then Inspire Kitchens will require an additional storage cost to be paid, at $3.00 per m² per day of delay.

18. ELECTRICAL & PLUMBING WORKS

18.1 We are NOT qualified electricians, plumbers or engineers, nor do we hold a technical services licence. We allocate electrical and plumbing positions based on our understanding of kitchen and furniture design; therefore, it is the client's or the contractor's responsibility to exhaustively check our electrical and plumbing drawings to make sure they meet the criteria of local construction laws/regulations. If there are any additions or amendments to be made, we must be notified with the contractor's recommendations to make the necessary changes without conflicting with the furniture design.

18.2 If there is a deviation from these electrical and plumbing positions, Inspire Kitchens must be notified immediately, and any subsequent impact on the installation of the kitchen/furniture or costs will be incurred by the client.

18.3 Inspire Kitchens will provide all electrical and plumbing locations, specifications and required standards of hardware used.

18.4 When the client undertakes the electrical and plumbing works, we require all water, electrical, gas and supply lines to be clearly marked on walls or illustrated in elevation drawings with measurements. If these are not provided, Inspire Kitchens takes no responsibility for any damage to electrical and plumbing infrastructure during the installation process.

18.5 When the client undertakes the electrical and plumbing works, all plumbing, electrical lines and gas pipes must be ready, supplied and tested prior to installation.

18.6 When the client undertakes the electrical and plumbing works and testing isn't done, or cannot be done, prior to installation of appliances, then it is the client's responsibility to test/check all electrical, plumbing and gas connections/outlets when they turn on the main supply. We recommend a qualified technician or engineer at this point, as any water leaks, shorting or damage caused by switching either the mains water or electricity on will be incurred by the client and will not be the responsibility of Inspire Kitchens.

18.7 For mains and centrally supplied gas, Inspire Kitchens will NOT connect any gas appliances, and this is the responsibility of the client to inform their gas provider and arrange the necessary connections as per New Zealand law. Inspire Kitchens will only provide connection points from the appliances, which are then ready for the client's gas provider to complete the final connections as required by New Zealand regulations. Any delay or additional costs arising from the client's gas supplier completing the connections will not be the responsibility of Inspire Kitchens. Please note some gas appliances might not work to their maximum due to poor quality gas or poor-quality gas flow.

18.8 Inspire Kitchens provides site visits and site consultations. The client will be charged $135 GST excl. per visit for such a service.

18.9 Inspire Kitchens will assume there are no obstructions in the wall or ceiling preventing drilling of fixtures for the cabinet, shelf and furniture. It is the client's responsibility to inform Inspire Kitchens if there are any obstructions within the wall or ceiling, such as — but not limited to — electrical cables, water pipes, waste pipes or structural elements. In the event of a ruptured water pipe, waste pipe, electrical cable, conduit or structural element, the client will assume liability for any damage, injuries, repair or subsequent costs arising from the damage if Inspire Kitchens has not been notified.

19. APPLIANCES

19.1 If you are supplying your own appliances, the model numbers and references must be advised to Inspire Kitchens at the time of order. This is to ensure that the correct furniture is ordered, as all Inspire Kitchens furniture is manufactured to fit each individual appliance. If you fail to inform us of the correct appliances prior to ordering, the Client is responsible for any subsequent costs incurred to rectify the design and furniture, and any additional delivery costs.

19.2 If Inspire Kitchens is supplying your appliances, we are not responsible for any additional parts or accessories unless specified in your order. We are able to purchase additional parts, accessories and spares if required.

19.3 Inspire Kitchens is happy to source appliances but does not take any responsibility for fitting these appliances.

19.4 If the client has a problem with any appliances delivered and finds any products to be faulty, please contact us within 3 working days from the date of Substantial Completion (defined in 22.3). If your product does have a fault and it is within the manufacturer's warranty period, we will assist in any way that we can to provide you with necessary spare parts, a replacement, or — if a replacement is not available — a refund.

19.5 If you are sourcing your appliance independently, it is your responsibility to ensure that these appliances will fit your Inspire Kitchens kitchen. The final responsibility lies with the client. This includes dimensions, sockets, power cables and any additional parts required to power or work the machine.

19.6 If you are supplying your own appliances and they are not the standard industry size of 600mm deep, you must inform Inspire Kitchens of this before you sign your order confirmation. This is to ensure that the correct pieces of furniture & worktops (if supplied) are ordered.

19.7 If the client chooses to use existing appliances, Inspire Kitchens is not responsible for any testing, maintenance, repairing or commissioning of these. If any parts are required, Inspire Kitchens will notify the client and any costs will be incurred by the client.

19.8 If the client chooses to use existing appliances, Inspire Kitchens is not responsible for any removal or storage of these items and takes no responsibility for damage, faults or security of these items during the installation process.

20. WORK SURFACES AND SPLASHBACKS

20.1 All timescales, templates, installation and dates with regards to your worktop will be handled by your project manager. These will be timed alongside the installation of your cabinets.

20.2 Please note there may be a period during the kitchen installation where work ceases while we wait for the fabrication of the benchtops — this is completely normal and the kitchen installation will continue after installation of the benchtops. Please note the break can be between 7-14 working days.

20.3 If you are not purchasing your benchtop through Inspire Kitchens, we will take no responsibility for delays, additional charges or fees incurred from the benchtop fabricators because of work or delays on our kitchen installation.

20.4 If we are not fitting your kitchen, it is your responsibility to contact the supplier of your work surface and make the relevant arrangements for templating, fitting and project managing.

20.5 If we are not fitting your kitchen, it is your responsibility to ensure that there is sufficient access for installation of your work surface and to liaise with the supplier of your benchtop.

20.6 If you have sourced your own benchtop, you will need to make the necessary arrangements regarding the connection of all sinks, taps, hobs and any appliances integrated into the benchtop.

20.7 If we are fitting your kitchen, it is your responsibility to inform Inspire Kitchens of any access issues or specific time and day restrictions for commercial deliveries.

20.8 The client accepts that there will be visible joins in the work surface and glass splashbacks wherever necessary, due to limitations such as available material size, access to site, health & safety concerns, and material strength & stability.

20.9 Glass splashbacks require stringent quality control; hence production time after the benchtops have been installed is approximately 4 weeks. A kitchen is considered substantially complete with the glass splashback installation pending.

21. THIRD PARTY INSTALLER / TRADES PERSON

21.1 Any third-party trades person working independently of Inspire Kitchens who makes alterations to any units or pieces of furniture delivered will invalidate any warranties, and any additional costs incurred will be charged to the client. Inspire Kitchens will not be held responsible or liable for any costs arising from mistakes carried out by a third-party trades person.

21.2 It is not the responsibility of Inspire Kitchens to liaise with any third-party installer or trades person unless agreed in advance.

21.3 If the client chooses to use their own contractor, it is not our responsibility to project manage the work being carried out, provide instructions on use, or give advice on installation.

21.4 It is not the responsibility of Inspire Kitchens to source any of the following unless we are requested to do so by the client: kitchen installer, or work connected to installing a kitchen or any other furniture.

21.5 If you are using your own installers, it is your responsibility to ensure that the installer follows the design supplied.

21.6 If you choose a third-party delivery, we do not accept any responsibility for damage to your kitchen/furniture after this has been checked, signed for and the driver has departed.

22. COMPLETION

22.1 Upon completion of any installation it is the client's responsibility to maintain, clean, use the correct products and generally upkeep the kitchen and/or furniture.

22.2 All outstanding balances arising from additional amendments to the contract are due upon substantial completion.

22.3 Substantial Completion defined: the date at which the building, furniture, kitchen project, or a designated portion of the work or building project, is sufficiently complete, in accordance with Inspire Kitchens' contract documents, so that the owner may use or occupy the building, furniture, kitchen project or designated portion thereof for the use for which it was originally designed and intended. This date is then certified by us to the owner or client. From this date, a number of other provisions are started, such as warranty, guarantees and liabilities, subject to full settlement of all outstanding payments.

22.4 Substantial completion excludes decorative items such as glass splashbacks.

22.5 Set-Off: In projects where a retention payment is being held by the customer and full payment is due upon substantial completion, the client will “set off” the amount of the outstanding items and pay the remaining balance due on the delivered items. The set-off amount will be calculated by the full retail price of the parts according to Inspire Kitchens' price list, unless specified separately in the contract.

22.6 An interim sign-off is arranged with Inspire Kitchens upon substantial completion, where an inspection is required by the client and an Inspire Kitchens representative on the same day as kitchen cabinet installation. If it is not possible for the client to be available on that day for the interim sign-off, the client's authorised representative must be available to inspect and sign on their behalf. If no one is available, the client authorises Inspire Kitchens to sign on their behalf.

23. WARRANTY

Inspire Kitchens grants our clients a 10-year guarantee on kitchen cabinetry. All other product guarantees adhere to the guarantee policies of their respective suppliers.

Beneficiary under the guarantee: claims based on the guarantee may be lodged by clients only and are non-transferable.

The guarantee period begins on the day the goods are delivered to the client, provided the account is paid in full as per the contract terms.

Scope of the guarantee: the guarantee covers defects and damage attributable to design faults, manufacturing defects, material defects or faulty workmanship. In this case, we shall assume the material costs incurred by the repair. This shall depend on upstream suppliers still being able to supply original replacement parts. Assembly damage, wear and tear, water damage, or any age-related changes in colour caused by exposure to UV and climatic conditions are excluded. The guarantee extends exclusively to the replacement of defective parts.

Exclusions: any entitlement to replacement shall expire in the event of unauthorised modification of the parts supplied by us. In the case of accessories supplied by suppliers — for instance electrical appliances, lamps, sink units, fittings, waste collectors, etc. — the warranty provisions of the respective manufacturers shall apply. The guarantee does not extend to wearing parts, fragile parts like glass, plastic or parts made of rubber, or light bulbs, and damages and defects resulting from incorrect operation. The only exception to this is if the defects and damages are attributable to design faults, manufacturing defects, material defects or faulty workmanship. Likewise, the guarantee does not extend to personal injury and subsequent defects. On principle, colours shall be matched and determined under standard lighting conditions similar to daylight. However, different surfaces and materials react differently depending on the type of light (daylight, halogen light, etc.). This effect is also possible in the case of light-coloured plastic and coatings, even if the material basis and surface structure are identical. Deviations in colour and structure, even in the case of identical colour designations, are unavoidable given the aforementioned influences and do not constitute cause for complaint. The guarantee is null and void if the furniture is requested and installed on site against our recommendations.

Expiry of the guarantee: the right to claim under guarantee shall expire if repairs or modifications are carried out by persons not authorised by the manufacturer. The guarantee shall also expire completely in the event of failure to comply with individual requirements contained in the guarantee provisions.

Guarantee claims: the damages shall be eliminated exclusively by Inspire Kitchens. We must be notified without delay in the event of a defect or damage resulting in liability under this guarantee. The client shall provide a detailed description of the damage, take some photos and fill in the Warranty Form. The client shall undertake any and all measures to clarify the claim, meaning the client must answer our questions truthfully and in full. If a guarantee claim is confirmed, we shall provide the client with corresponding replacement materials free of charge.

Geographical scope & applicable law: the guarantee shall apply in New Zealand only. Guarantee claims shall be governed by New Zealand law.

How to claim: guarantee claims should be emailed to sales@inspirekitchens.co.nz with client name, invoice number and details of the fault. A service call-out charge is payable in advance if a technician is required to visit, which is refundable if the guarantee claim is validated by Inspire Kitchens.

24. GOODS AND SERVICES TAX

In accordance with the laws of the Government of New Zealand, all products and services are subject to GST. This will be collected from the client by Inspire Kitchens at the rate set by the New Zealand government at the time of supply of the goods.