GENERAL TERMS AND CONDITIONS
1. PAYMENT
1.1 Payment required in full prior to dispatch. 1.2 Ex stock orders require a 50% deposit at time of confirmation of order with the balance to be paid within 30 days after deposit, or prior to dispatch, whichever is sooner. 1.3 Indent Orders require a 50% non refundable deposit on confirmation of order. Balance is to be paid within 7 days from the arrival of the goods into our New Zealand warehouse and prior to delivery.
2. FREIGHT
2.1 UNICO will make all reasonable efforts to ensure indented items arrive into our warehouse within 16 weeks from deposit. UNICO will be under no liability whatsoever should delivery be made on this date due to shipping delays, break downs or any reason beyond our control. It is understood that any delays in stock arriving for any reason will not alter, change or effect in any way the original agreement to purchase or payment terms. 2.2 UNICO can arrange local delivery on behalf of the customer at the customers expense. However, UNICO is not a common carrier and does not undertake the obligation or liabilities of the common carrier. 2.3 Allow 14 days delivery to pick, pack and road freight product to site Ex Auckland. 2.4 Where a site access does not allow tail lift delivery a Hi Ab will be required at additional cost to customer 2.5 Goods must be checked and any claims must be notified within 24 hours of delivery for damage in transit and for conformity with order.
3. QUANTITIES
3.1 Any representations by UNICO staff as to the quantity of goods required are estimates only. It is the buyer's responsibility to verify and confirm quantities and to purchase additional quantities if for any reason the estimates are incorrect. In the event of an over-estimate, goods may only be returned in line with UNICO returns policy.
4. SHADING/BATCH VARIATION/SIZE VARIATION
4.1 There may be variations in shade and size between the sample and the delivered product, and between batches of the same product. This is due to the quarrying/manufacturing process and is out of UNICO’s control. Variation in shade and size is not a defect. 4.2 Normal sizes are indicated, actual sizes can and will vary as tiles are sorted and calibrated as part of the manufacturing process. If mixing tile sizes, compatibility should be confirmed.
5. CLAIMS
5.1 The customer is responsible for checking the products before installation. Once a product is installed you are deemed to have accepted it. Any warranty claims made after installation may be for product only. Removal and re installation will be at customer's expense.
6. RETURNS
6.1 Excess stock purchases can only be returned within 30 days from delivery with original packaging intact. A 30% administration/restocking fee plus cost of freight to return the product applies.
JOINERY TERMS AND CONDITIONS
Imported Italian kitchens are manufactured by Cubo Design SRL in Italy.Brands supplied are Miton and Binova.
Each brand has set finishes and units available which have been curated by the design team in Italy with the intention of designers/distributors/clients creating compositions within these guides/limitations thus keeping the finished product true to the brand.
It is possible for Cubo Design SRL to supply components only to create bespoke units/designs to the clients specification but please note custom units outside of Miton/Binova’s standard product list may involve additional local assembly/modification costs and would void the guarantee for that unit by the supplier.
1. DEFINITIONS
1.1 “UNICO” shall mean UNICO Limited, or any agents or employees thereof. 1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from UNICO.
2. ACCEPTANCE
2.1 Payment made by Customer after an invoice has been issued shall constitute a binding contract and acceptance of UNICO’s terms and conditions.
3. PAYMENT, PAYMENT ALLOCATION & CHARGING OF INTEREST
3.1 Payment for Products and Services shall be made in full without deduction for any reason whatever. 3.2 Interest may be charged on any amount owing after the due date at the rate of 2% per month or part month. 3.3 UNICO may in its discretion allocate any payment received from the Customer towards any invoice that UNICO determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated.
4. QUOTATION
4.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue 4.2 UNICO reserve the right to alter the quotation because of circumstances beyond its control. 4.3 Where Products and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Products and Services.
5. RISK AND DELIVERY
5.1 The Products and Services remain at UNICO risk until delivery to the Customer. 5.2 The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to UNICO making time of the essence and a deadline is accepted in writing. 5.3 If further storage is required it is charged at $300 per month, and a $800 minimum fee applies for re-delivery. If it is possible to deliver/store directly onsite that would be recommended to avoid double handling of goods.
6. RETENTION OF TITLE AND SECURITY OF PRODUCTS AND SERVICES
6.1 Title in any Products and Services supplied by UNICO passes to the Customer only when the Customer has made payment in full for all Products and Services provided by UNICO and of all other sums due to UNICO by the Customer on any account whatsoever. Until all sums due to UNICO by the Customer have been paid in full, UNICO has a security interest in all Products and Services. 6.2 If the Products and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Products and Services shall remain with UNICO until the Customer has made payment for all Products and Services. 6.3 The Customer gives irrevocable authority to UNICO to enter any premises occupied by the Customer or on which Products and Services are situated at any reasonable time after default by the Customer or before default if UNICO believes a default is likely and to remove and repossess any Products and Services and any other property to which Products and Services are attached or in which Products and Services are incorporated. UNICO shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action. 6.4 The following shall constitute defaults by the Customer: 6.4.1 Non payment of any sum by the due date.
7. LIABILITY & CONSUMER GUARANTEES ACT
7.1 The Customer shall indemnify UNICO against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of UNICO or otherwise, whether or not brought by any person in connection with any matter, act, omission, or error by UNICO its agents or employees in connection with the Products and Services.
8. WARRANTY
8.1 Manufacturer’s warranty applies where applicable.
9. CLAIMS AND RETURN
9.1 The Customer shall be deemed to have accepted the Products and Services provided unless the Customer notifies UNICO otherwise within 2 days of delivery of the Products and Services to the Customer. 9.2 Products will only be accepted for return with prior consent of UNICO. A 15% restocking fee applies. Returned Products must be accompanied by original invoice, in unused and undamaged condition and still in original packaging where applicable. The Customer is liable for all costs associated with the return. There will be no returns on customised orders.
10. CANCELLATION
10.1 Once an order has been accepted by UNICO, it can only be cancelled, varied or suspended (whether in whole or in part) upon the following terms and conditions: 10.2 No cancellation, variation or suspension will be effective or recognised unless, and only to the extent that UNICO agrees in writing to such cancellation, variation or suspension; 10.3 The Customer agrees to pay all costs, expenses and liabilities incurred by UNICO in consequence of the cancellation, variation or suspension of the order.
11. MISCELLANEOUS
11.1 UNICO shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
12. KITCHEN JOINERY
12.1 Joinery supplied will be made to the spec as in plans supplied by UNICO. 12.2 UNICO reserves the right to make minor changes during production based on advice from Italian manufacturer, availability limitations or functionality/installation practicality improvements identified during processing/production. 12.3 It is the clients responsibility to check the goods prior to installation and reschedule installation should there be any issue requiring resolution. 12.4 Claims for damaged or incorrect goods must be made within 48hrs of site delivery. 12.5 Replacement goods are to be included in the following available container.
13. PROJECT MANAGEMENT
13.1 Unless contracted in writing at an agreed fee UNICO is not responsible for the project management of the kitchen. 13.2 Unico will supply plans to the client before production (several months before installation), upon payment it is deemed these plans are accepted and that is what is being ordered from the Italian manufacturer. 13.3 Please note any 3D renders supplied are only an artists impression and not to be considered exact representation and inclusion. 13.4 It is the clients responsibility to ensure their builder, or trades have sighted the pre production plans supplied by UNICO and raise any issues or governing factors that may affect dimensions/design/install before production. 13.5 While UNICO will endeavor to assist with any changes or unforeseen issues, it is ultimately the clients responsibility and cost for modification required for the joinery as per the UNICO preproduction plans to fit in the space.
14. KITCHEN INSTALLATION
14.1 The kitchen installation is separate to the cost of the goods supplied from Italy. 14.2 Our recommendation is that the clients builder arranges the installation as they will be in contact with all trades required across the installation and have their inhouse team available to deal with site modification if required and better placed to accommodate rescheduling accordingly. 14.4 The joinery is not complicated to install and a UNICO representative will be available for explanation/assistance regarding supplied joinery/components throughout the installation. 14.5 We can supply a list of recommended installers that have worked with the product if required. 14.6 Please note all appliances must be installed by the specialist trade (plumber/electrician). 14.7 Please note all tiling, silicone work and top joins are separate to kitchen installation and to be carried out by tiler or specialist. 14.8 If UNICO has supplied the installation at a fixed price it is on the premise that the space is ready to specs meeting the preproduction plans supplied by UNICO that allows for an unobstructed installation. 14.9 If there are site issues requiring modification to cabinetry these costs will be oncharged to the client additional to any initial quote. 14.10 UNICO denounce liability for any cost/damage that may be occurred as a result of modification required due to final site spec not corresponding/accommodating spec in pre production kitchen plans supplied. 14.11 Any products/components supplied by the client that are to be incorporated with the Italian kitchen upon install Unico require adequate instruction in writing prior to install otherwise can not be liable for any issue that arises in relation to client supplied products.