TERMS OF TRADE
ALL PROVISION OF GOODS & SERVICES BY FINER FINISH ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
1.1 Finer Finish means Finer Finish Building Solutions Limited, related companies, employees or sub-contractors of Finer Finish Building
Solutions Limited, as appropriate.
1.2 Customer means the party or parties receiving Goods and/or Services from Finer Finish.
1.3 Due Date means in respect of each invoice issued to the Customer by Finer Finish, the date that is 7 days after the date of the invoice, or
other such date that is agreed in writing by a director of Finer Finish.
1.4 Goods means materials and/or goods that are provided to the Customer by Finer Finish including, but not limited to:
(a) all goods and products supplied by Finer Finish;
(b) all good itemised in an Invoice to the Customer by Finer Finish; and
(c) all goods marked as having been supplied by Finer Finish.
1.5 Invoice means an invoice issued by Finer Finish and supplied to the Customer.
1.6 Quote means a quotation from Finer Finish to the Customer for the supply of Goods and/or Services.
1.7 Services means services provided by Finer Finish including, but not limited to, charges for labour, hire charges, insurance charges or any
other fee or charge associated with the supply of Goods and/or Services by Finer Finish to the Customer.
1.8 Terms and Conditions means these terms and conditions.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 Any of the following done by, or on behalf of, the Customer shall constitute a binding contract and acceptance of these Terms and
(a) acceptance of a Quote;
(b) the giving of any instructions to Finer Finish which are acted upon; or
(c) the express of implied authority given to Finer Finish to provide Goods and/or Services to the Customer.
3. LIABILITY FOR PAYMENT
3.1 Payment for Goods or Services supplied by Finer Finish must be made on or before the Due Date. Finer Finish may decide that no Goods or
Services shall be supplied to the Customer until full payment, or a deposit, is received by Finer Finish prior to the supply of Goods or
Services. Cheque payment shall not be considered effective payment until such time the bank has cleared the cheque funds.
3.2 Property and ownership of any Goods shall not pass to the Customer until such time payment in full of the Goods, and any other amounts
owing to Finer Finish, have been received.
3.3 Where the provision of Goods and/or Services is not completed within 7 days of job commencement, Finer Finish shall be entitled to issue
Invoices for progress payments at weekly intervals.
3.4 Risk in the Goods shall pass at the time of delivery.
3.5 The Customer will be responsible for all costs incurred by Finer Finish in exercising its rights under the Terms and Conditions including, but
not limited to, debt collection costs and legal fees properly incurred by Finer Finish in seeking or obtaining recovery of amounts owing by the
Customer to Finer Finish and including all such expenses actually incurred by Finer Finish.
4.1 Where a Quote is provided by Finer Finish to the Customer:
(a) the Quote shall be valid for a period of 28 days from the date of the Quote; and
(b) any express of implied acceptance of the Quote by, or on behalf of, the Customer shall constitute acceptance of these Terms and
4.2 Finer Finish reserves the right, by notice to the Customer, to alter or amend any Quote before acceptance of the Quote to Finer Finish by the
4.3 Finer Finish reserves the right, by notice to the Customer, to alter or amend any Quote at any time prior to the supply of Goods and/or
Services where the alteration or amendment is due to an increase in the cost to Finer Finish of any Goods or Services included in the Quote,
and that is beyond the control of Finer Finish.
4.4 Where the Customer requests Goods and/or Services to be provided that are not included in the Quote, the Customer agrees to pay the
additional costs of such Goods and/or Services and the provision of such Goods and/or Services shall also be pursuant to these Terms and
4.5 If any materials specified in any Quote are not available when required by Finer Finish, Finer Finish may, with the consent of the Customer,
supply a substitute material of a similar quality and nature, and the Customer shall not unreasonably withhold consent. The Customer shall
pay, as an extra, any variation in cost arising from the use of substitute materials.
5. INDIRECT LOSS
5.1 So far as the law permits, Finer Finish shall not be liable in any way whatsoever for any indirect or consequential loss of profit arising from
contract or otherwise including, but not limited to, any loss by reason of delay, defective or faulty materials or workmanship, negligence or
things done, permitted or omitted by Finer Finish and the Customer shall have no right to offset claims against the invoiced prices for Goods
6. WARRANTY AS TO INFORMATION
6.1 The Customer acknowledges that is has received, read and understood a copy of these Terms and Conditions.
Exclusions and Variations
7.1 Finer Finish shall have the right to vary or amend any of the provisions of these Terms and Conditions at any time. The most current version
of the Terms and Conditions is available on request by emailing firstname.lastname@example.org. Any Goods or Services provided by Finer Finish to
the Customer after the date of a variation shall be deemed to be provided subject to the Terms and Conditions as varied.
7.2 The Customer acknowledges that unless otherwise agreed in writing, the Customer is responsible for obtaining any required building or
resource consents in respect of the Services.
Governing Law and Jurisdiction
7.3 Any contracts between Finer Finish and the Customer shall be deemed to have been made in New Zealand and the construction validity and
performance thereof shall be governed by the law for the time being in force in New Zealand.
7.4 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of New Zealand and Courts entitled to hear
appeals from those Courts.
Entire Agreement and Waiver
7.5 These Terms and Conditions embody the entire agreement of the Customer and Finer Finish in respect of the ordering, supply, delivery of and
payment for Goods or Services, and any order received by Finer Finish from the Customer shall be deemed to incorporate these Terms and
7.6 Any waiver or failure to execute any rights by Finer Finish shall not be deemed a waiver of any further or other right of Finer Finish in
respect of the Customer.
7.7 The Customer shall not be entitled to reply upon any statement of any kind made by any person, which contradicts these Terms and
Conditions, unless made in writing to the Customer by a director of Finer Finish.
7.8 Headings in these Terms and Conditions are for convenience only and are not to be taken into account in the interpretation of this document.
Current as of 01 April 2012