|      TERMS & CONDITIONS     |

‘We’ and ‘Us’:      Era NZ Ltd.
‘You’:                        Our customer

These Terms and Conditions along with your Order regulate our business relationship and constitute the contract between You and Us for the supply of services or products for sale by Us on our website (“Products”). By using Our website in any way, by buying products from Us or by using Us for the provision of any services, you agree to be bound by these terms and conditions. This Contract cannot be varied unless we agree to vary it in writing or by email.

1.0                 |   GENERAL   |

1.1    This agreement contains the entire agreement between parties and supersedes all previous agreements and understandings between the parties.

1.2    We may change these terms and conditions at any time. The terms that apply to you are those posted on our website on the day you order your goods or contract our services. We advise you to print a copy of these terms and conditions for your records.

2.0                 |   PRODUCTS   |

2.1    As we rely on our suppliers, we do not guarantee that Goods advertised on our website are available.

2.2    We have done our best to display the products for sale as accurately as possible. However, colours can be displayed differently on different monitors, so we cannot guarantee that your monitor’s display of any colour will be accurate.

2.3    All goods remain the property of Us until the cost of the goods and any related reasonable costs incurred by us have been paid for in full.

3.0                 |   ORDERS   |

3.1    Any order placed by you through this website is an offer by you to purchase a product/s for the price (including delivery, and any other charges and taxes) specified in this website at the time you placed your order. We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product/s, an error in the price or the description of the product as shown on this website or due to an error in your order.

3.2    In the event that a product is out of stock we will contact you by email or phone and give you an indication as to availability and an anticipated delivery time. At this time you can cancel your order if you wish.  If you advise us that you wish to proceed with the purchase on a back order basis you will not be able to subsequently cancel the purchase.

3.3. Ordering custom pieces may result in longer lead-times. We will advise approximate lead-time and delivery time of these products.

4.0                 |   PRICING   |

4.1    All prices shown on this website are in New Zealand dollars. Prices of products and any charges and taxes displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

4.2    All prices are exclusive of any delivery charges which will be advised separately if applicable.

4.3    All prices displayed on the website are inclusive of Goods and Services Tax (GST) applied at the current rate (15%.)

4.4    It is possible that the price may have increased from that posted on our website. If this occurs we will not send your order until you have confirmed that you wish to purchase at the new price.

4.5    If by mistake we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you prior to dispatch.

5.0                 |   PAYMENT  |

5.1   Payment of your purchases can be made as follows:

Credit Card: Visa;MasterCard

Internet Banking:  Era NZ Ltd – Westpac

Account Number: 03-0835-0015147-000
Reference: Please put your order number & surname
Goods will be dispatched once full payment is cleared.

5.2   Payment of services must be made within 10 days of the date of the invoice.

6.0                 |   CANCELLATION OF ORDER   |

6.1    You may cancel an order only if the order has not been placed with the supplier, however the following charges will apply:

(a)     if your order has not been placed with the supplier and you have paid by electronic funds transfer we will issue you with a full 100% refund less any transaction costs and bank fees incurred by Us.
(b)    if your order has not been placed with the supplier and you have paid by credit card via our online payment system you will be offered a full refund less any fees charged to us by the bank to make the refund transaction.

7.0                 |   REFUNDS   |

7.1    We do not refund for ‘change of mind’, so please choose carefully.  Please measure your space and check dimensions. Please feel free to contact us if are unsure or require any further information regarding a product.

7.2    We are only obligated to make a refund in accordance with our Refunds & Returns Policy, as follows:

(a)     Where your products are damaged in transit;
(b)    Your goods have a manufacturers fault/flaw or damage;
(c)     The incorrect item has been delivered to you.

7.3    If there are any issues with your order please contact us within 24 hours of the delivery of an incorrect or flawed item. We will arrange for the collection of the incorrect or faulty item and delivery of the correct item. You will not incur any additional costs in this circumstance. Your replacement item will be delivered to you within the normal delivery time frame for that item.

7.4    We will not accept the return of goods that are damaged by you (accidentally or otherwise) or due to natural wear and tear following delivery.

7.5    Any refunds will be provided to you by electronic funds transfer to your nominated account or to the credit card number that was used to make to make the purchase.

8.0                 |   DELIVERY  |

8.1    You must provide us with a delivery address where deliveries can be made during normal business hours from Monday and Friday. Deliveries require a signature – If there is nobody to sign for the goods when they are delivered, the freight carrier will leave a missed delivery advice card in your letter box advising of the failed delivery. The goods will then be returned to their local depot and you will then need to make contact with the freight carrier directly to arrange an appropriate time for a re-delivery

8.2    Deliveries cannot be made to a PO Box.

8.3    If your order contains multiple products then individual products may be delivered on different days.

8.4    For items in stock, delivery will be made within 3-21 working days from placement of your order.

8.5    For custom made items, or back orders, an estimated delivery time will be provided.

8.6    Please check items before signing for them. If there are any issues you must make a note on the delivery docket and ask the driver to initial your note. You must notify us of any faulty or damaged goods within 24 hours of receipt of the goods by phone on 021-2527821 or email info@eradesign.co.nz. Failure to do so, will mean that any transit insurance will be voided. The onus is on you to report any faulty or damaged goods immediately.

9.0                |   SUPPLY OF SERVICES   |

9.1    Upon the request for a service, we will provide you with a quote. The quote plus these terms and conditions will comprise our contract with you for the supply of services. Variations to the quote or terms and conditions are only effective if agreed in writing. Where there is any conflict between the quote and the terms and conditions, the quote will prevail.

9.2    Our charges will be clearly specified in the quote. This quote will lapse after 30 days. We may withdraw the quote any time prior to it being accepted.

9.3    We may vary our quote under the following circumstances:

(a)    If costs increase between the date of the quote and the supply of the services;
(b)    if our supply of the services is delayed by any default, act or omission on your part (or the part of your agents, employees or sub-contractors)
(c)     If both parties agree to a variation

9.3    We will make every effort to supply the services in a timely manner, however we shall not be liable for any failure to supply them on a specific date or within a specific period, regardless of how that failure was caused.

9.4    Any variation to the services must be agreed by you and us in writing. Either side has the right to refuse to vary the services.

9.5    You may not cancel or suspend all or any part of the services without our written consent. If we consent, all charges due up to the date of consent are payable immediately.

9.6    We may cancel or suspend all or any part of the services without liability to you if:

(a)    we reasonably believe that the information you have provided is not correct;
(b)    you default under any agreement with us, become insolvent or commit any act of bankruptcy;
(c)     supplying the services becomes impractical or uneconomic due to any cause beyond our control.

9.7    You agree to indemnify us against any costs, claims, demands, actions and liabilities incurred by us arising out of any failure to comply with your obligations under this agreement.

9.8    If full payment for services is not made by the due date, then without prejudice to any other rights available to us, we may:

(a)    cancel or suspend all or part of the service;
(b)    charge interest on overdue monies on a daily basis at 5% per annum;
(c)     hold you responsible for all costs incurred by us in recovering such monies, including legal costs.

9.9    All payments become immediately due and payable should we cancel our agreement with you under the terms of this agreement.

10.0               |   WARRANTY   |

10.1 We will meet our responsibilities under the Consumer Guarantees Act 1993.  If the goods are being purchased for a business then the Consumer Guarantees Act does not apply.

10.2 Where the goods are subject to a manufacturer’s warranty then this will also apply.  The goods will not be covered under warranty for normal wear and tear or for damage caused to them due, amongst other reasons, to improper use or cleaning.

10.3 Where we accept a claim, it will be up to Our discretion as to whether the goods will be repaired, replaced or a refund offered to You.

11.0                |   INTELLECTUAL PROPERTY   |

11.1 We do not transfer to you any right, title or interest in any copyright, trademarks, patents or other intellectual property rights in or relating to the supply of services. The project documents and all copyrights remain our property at all times.

11.2 You warrant that any designs, drawings or specifications you provide to us will not infringe any intellectual property rights of a third party and you agree to indemnify us against any liability as a result of our use of those designs, drawings or specifications.

11.3 You give permission for us to photograph the project upon completion and use those photographs for business purposes. We shall not disclose the project name and location without written consent.

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