Terms and Conditions

Prices

The Recommended Retail price shown is indicative of the current retail price in New Zealand only. The price you pay is Woodwrights Factory Direct price at any given time. Acorn Furniture Group Ltd Trading as Woodwrights reserves the right to change prices without any prior notice.

 

Payment Terms

A deposit of 50% of the total price is required with confirmation of order. A final payment of 50% will be required prior to your furniture leaving our factory.  We can process for you over the phone, internet or on line banking via direct credit, Farmlands or CRT Card.  At our factory we accept Visa or Master card, eftpos or cash!  Factory hours are 7.30am to 5.00pm 

 

Colours

Reproduction of colours is as accurate as photographic processes allow, but please note that actual colours may vary slightly from what is displayed on your monitor.

 

Privacy

Acorn furniture Group Limited is bound by the NZ Privacy Act 1993. Woodwrights Privacy Policy outlines how and when personal information is collected, stored and distributed by Woodwrights.

 

Copyright

This web site and its contents are the property of Acorn Furniture Group Limited and are subject to copyright. The contents of our web site and the web site as a whole are intended solely for your personal, non-commercial use. Any use of our web site and its content for purposes other than personal and non-commercial use, or any use of the trade marks displayed on the web site, is prohibited without the prior written permission of Acorn Furniture Group Limited: 33 College Street, Motueka, 7120, New Zealand.

 

Disclaimer

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. Acorn Furniture Group Limited makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Acorn Furniture Group Limited, its directors, officers, employees, agents, contractors, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this web site and any other site linked to this web site.

 

General

This web site may be accessed in New Zealand and throughout the world. Acorn Furniture Group Limited makes no offer in or by this web site to sell any product or service in any country outside New Zealand and no representations that the content of this web site complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of New Zealand.

 

Products, Availability & Assembly

Due to popularity or interruption of supply some items may be unavailable or out of stock. While we aim to ensure that information on this website is correct, sometimes errors do occur for which we apologise. Some items may require simple self assembly, which will be outlined in an assembly instruction sheet you will receive with your furniture. It may also be necessary to make changes to product specifications. We reserve the right to make these changes at any time and without notice.

 

Title

The Manufacturer and Customer agree that ownership of the Goods shall not pass until:

• the Customer has paid the Manufacturer all amounts owing for the particular Goods; and
• the Customer has met all other obligations due by the Customer to the Manufacturer in respect of all contracts between the Manufacturer and the Customer.

Receipt by the Manufacturer of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Manufacturer’s ownership or rights in respect of the Goods shall continue.

It is further agreed that:

• where practicable the Goods shall be kept separate and identifiable until the Manufacturer shall have received payment and all other obligations of the Customer are met; and
• until such time as ownership of the Goods shall pass from the Manufacturer to the Customer the Manufacturer may give notice in writing to the Customer to return the Goods or any of them to the Manufacturer.  Upon such notice being given the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
• the Customer is only a bailee of the Goods and until such time as the Manufacturer has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for the Manufacturer; and
• until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Manufacturer will be the owner of the end products; and
• if the Customer fails to return the Goods to the Manufacturer then the Manufacturer or the Manufacturer’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated as the invitee of the Customer and take possession of the Goods, and the Manufacturer will not be liable for any reasonable loss or damage suffered as a result of any action by the Manufacturer under this clause.

 

Defects

The Customer shall inspect the Goods on delivery and shall within two (2) days of delivery (time being of the essence) notify the Manufacturer of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.  The Customer shall afford the Manufacturer an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.  If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Manufacturer has agreed in writing that the Customer is entitled to reject, the Manufacturer’s liability is limited to either (at the Manufacturer’s discretion) replacing the Goods or repairing the Goods.

 

Returns

Returns will only be accepted provided that:

• the Customer has complied with the provisions of the above clause  and
• the Manufacturer has agreed in writing to accept the return of the Goods; and
• the Manufacturer will not be liable for Goods which have not been stored or used in a proper manner; and
• the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

The Manufacturer will not accept the return of Goods for credit.  A 10% restocking surcharge applies on any returns.

 

Security And Charge

Despite anything to the contrary contained herein or any other rights which the Manufacturer may have howsoever:

(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor     agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Manufacturer or the Manufacturer’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Manufacturer (or the Manufacturer’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should the Manufacturer elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Manufacturer from and against all the Manufacturer’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Manufacturer or the Manufacturer’s nominee as the Customer’s     and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 14.1.

 

Cancellation

The Manufacturer may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Manufacturer shall repay to the Customer any sums paid in respect of the Price. The Manufacturer shall not be liable for any loss or damage whatever arising from such cancellation.

In the event that the Customer cancels delivery of the Goods the Customer shall be liable for any loss incurred by the Manufacturer (including, but not limited to, any loss of profits) up to the time of cancellation.

 

General

1.1  If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

1.2  These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

1.3  The Manufacturer shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Manufacturer of these terms and conditions.

1.4  In the event of any breach of this contract by the Manufacturer the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

1.5  The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Manufacturer.

1.6  The Manufacturer may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

1.7  The Manufacturer reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Manufacturer notifies the Customer of such change.

1.8  The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.

1.9  Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

1.10  The failure by the Manufacturer to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Manufacturer’s right to subsequently enforce that provision.