Terms and Conditions
1) All quoted prices are valid for named quantities and complete order. Validity of the price quote is 30 days from date of issue unless otherwise stated. Import duties, customs clearance, GST/VAT and local freight are not included. Freight charges from the factory to the given port and installation charges are always quoted separately to the value of the goods unless agreed or stated otherwise.
2) Estimated delivery time is calculated from receiving confirmed order confirmation (valid for named quantities) and agreed payment.
3) The manufacturer has the right to confirm real delivery time with regard to current production capacities after receiving Purchase Order and/or order confirmation.
4) All changes requested by the customer after receiving Purchase Order confirmation may cause delivery time extension and unit price recalculation.
5) Ian Thompson Design does not supply light bulbs unless directly specified in the price offer.
6) Ian Thompson Design provides a Manufacturers Warranty from the manufacturer providing part/full manufacturing services, usually a 2-year limited warranty against any manufacturer’s defect.
7) Payment conditions: 50 % – Upon Order Confirmation (approved working drawings and/or purchase order) by T/T. 50 % – Before shipment from manufacturer by T/T.
8) All purchased products remain the property of Ian Thompson Design and/or their commissioned manufacturer until fully paid for.
9) Refunds cannot be returned to the Purchaser for Custom Lighting Projects that have started manufacture i.e. materials ordered and/or production started unless specifically agreed to by Ian Thompson Design and their commissioned manufacturer.
Should agreement be made for started projects by Ian Thompson Design and their commissioned manufacturer then Ian Thompson Design shall liaise with the commissioned manufacturer hours spent and materials ordered and pro-rata this amount back from the deposit or order total. Any outstanding funds due by the Purchaser shall be sought by Ian Thompson Design.
10) Installation means assembly of the light fittings on site, but excludes the fixing of the mounting hooks/fixing rods in the real ceiling. Ian Thompson Design and/or their manufacturer only proposes the fixing requirements, while it is the main contractor’s/client’s responsibility to prepare all wall and ceiling fixings with adequate support using quality materials/components that are fit for purpose in a timely manner to avoid installation delays. It is also the main contractor’s responsibility to prepare the scaffolding for the installation technicians to use during the installation. Ian Thompson Design bears no responsibility for quality and safety of installation and product, if installation is not carried out or supervised by a certified Ian Thompson Design installer (or nominee).
11) Clearing of unused packaging material from the site is not included in this offer.
12) Protection of installed light fittings is not included in any Ian Thompson Design offers.
13) Ian Thompson Design items should be installed in clean and safe environments.
General Terms and Conditions of New Zealand Projects International Limited, trading as Ian Thompson Design – General provisions
14) The Purchaser, by buying goods from New Zealand Projects International (hereinafter Ian Thompson Design) confirms that he/she accepts these General Terms and Conditions (GTC).
15) These GTC form a framework agreement between Ian Thompson Design and the Purchaser. The present GTC take precedence over all previous versions of GTC.
16) All express agreements between the parties to the contract stay unchanged. These GTC are applicable without any limitations, unless the contractual parties agree to modify conditions in an expressed way.
Ordering
17) The Purchaser orders goods in any method of written communication, including emails, fax, letter or Internet communication allowing for a clear identification of the Purchaser.
18) Regardless of the method used to order goods, the Order becomes valid after the written confirmation of the Order by Ian Thompson Design. The sample characteristics (colour, state and dimensions) noted in catalogues, brochures, sample cards etc., are binding insofar as they are clearly stated in the Order Confirmation.
19) Design variations are allowed. The order confirmed by Ian Thompson Design cannot be cancelled by the Purchaser, unless Ian Thompson Design confirms such cancellation in written form.
Packaging
20) The ordered goods shall be delivered in appropriate packaging as to avoid damages of the goods during transport to the point of delivery. It is the responsibility of the client to inform Ian Thompson Design as to the chosen method of transport i.e. seafreight or airfreight, from the manufacturers premises to the clients chosen destination so as to allow the most efficient use of packaging for that means of transport.
Prices
21) The prices given are EX WORKS prices pursuant to INCOTERMS 2000, unless agreed otherwise. Ian Thompson Design reserves the right and privilege to charge prices according to valid pricelists or custom product quotes confirmed by the Purchaser.
Product Specification
22) The goods are specified by the product number according to the valid catalogue or by a drawing, visualization or shop/working drawing featuring the following data: dimensions, colour of glass, technology, etc. or dimensions without chain, glass parts material, quality of decoration, surface finish, number of light sources, design solution proposal.
23) The product specified in this way may not be modified without consent of both parties to the contract. Any and all modification of the product design shall influence the purchase price and delivery date. Such a change of conditions shall be confirmed in an appendix to the contract. All costs, which shall arise in connection with the modification, are covered by the Purchaser.
Product Compliance
24) All our commissioned manufacturers adhere to various electrical and manufacturing standards applicable to their home country. The majority of our commissioned manufacturers operate outside of Australia and New Zealand and do not have local compliance testing certification. However, the majority of our commissioned manufacturers are based in the European Union and adhere to EU electrical and manufacturing compliance standards which are often accepted in Australia and New Zealand.
It is the Purchasers responsibility to communicate their required electrical and manufacturing compliance requirements to Ian Thompson Design prior to ordering or approving any working drawings. It is the purchasers responsibility to satisfy themselves that any compliance requirements are satisfied with Ian Thompson Design’s written specification and/or working drawings.
Ian Thompson Design will produce a standard declaration of conformity document (Sdoc) for products being manufactured by Ian Thompson Design’s commissioned manufacturers for products used in New Zealand and Australia only based on the Purchasers product specification criteria at order only.
Delivery
25) Deliveries shall be executed pursuant to INCOTERMS 2000. Delivery dates are subject to the schedule of availability. The delivery date is set forth in the Order Confirmation. Partial deliveries are allowed and may be invoiced for. Transport insurance and possible custom fees are managed pursuant to INCOTERMS 2000.
25) Should the Purchaser not accept the goods or return it without acceptable reasons, he/she shall pay all costs relating to the transport, transport insurance and custom fees.
Payment Terms
26) The payment is considered to be completed, if the whole sum payable to Ian Thompson Design is put to Ian Thompson Design benefit. The Purchaser executes the payment according to written instructions of Ian Thompson Design, either directly to Ian Thompson Design or to a Ian Thompson Design bank account. If invoices are not paid on time, Ian Thompson Design has the right to charge the Purchaser a late payment interest of 10% p. a. applying to the period from the due date of the invoice till the date of the effective payment of the sum.
27) In case of late payments, Ian Thompson Design may, at its own discretion postpone or cancel any and all further deliveries, while this shall not be considered as a breach of contract. The Purchaser must not, based on his counterclaim, withhold any payment for the purchase price nor any part thereof. The Purchaser must not deduce his counterclaim from the purchase price without expressed consent of Ian Thompson Design.
Reservation of Copyright
28) Ian Thompson Design and/or their commissioned manufacturer keeps copyright to all delivered goods until the payment of all sums for the goods is complete. The Purchaser may not reproduce the goods without written consent from Ian Thompson Design if the design is not 100% provided by the purchaser.
29) Regardless of previous provisions, the risk of goods passes to the Purchaser at the moment of delivery of goods. The Purchaser may sell the goods under normal commercial circumstances. Any and all income raised by such sale is held by the Purchaser for the benefit of Ian Thompson Design separately from other money up to the moment of payment of all sums for the goods.
Licenses and Authorization
30) If any licenses or other authorizations are necessary in order to create or maintain a business relationship, the party, which resides in the state requiring such means, provides such licenses or authorizations, unless laws of the country require a different procedure. If the party obliged to provide this fails to satisfy this requirement, the other party may withdraw from the contract and claim damages caused by failure to satisfy this requirement.
Claims and Warranty
31) Prior to dispatch, Ian Thompson Design’s Manufacturer shall carefully check all goods, which shall be delivered to the Purchaser, are fault free to the best of their ability. The Purchaser must verify the transport package prior to accepting, and if the package appears to be damaged in any way, he must refuse to accept goods. The Purchaser must inform Ian Thompson Design of this within 24 hours of declined receipt of goods. Furthermore, immediately after delivery, the Purchaser must carefully check the goods for damages and for compliance with the Order. Any claims for apparent damages of goods or discrepancy in the goods must be communicated to Ian Thompson Design within 7 business working days following delivery. Claims made after 7 business working days following delivery shall be considered void.
32) Warranty period for hidden faults is 24 months from the departure date from the manufacturer, unless local laws provide otherwise. Claims must be made in written, in a letter sent to Ian Thompson Design address:
Ian Thompson Design
42 View Road
Wairau Valley
Auckland 0632
New Zealand
33) The Purchaser must present a copy of the invoice for the goods Warranty Certificate if provided by the manufacturer; claims must be supported by a detailed description and relevant documents, e.g. photographs of faults.
34) If failure of goods resulting from transport related issues from the manufacturer are claimed, the Purchaser shall include the faulty goods in the original package or together with the original packaging following Ian Thompson Design’s request. Should Ian Thompson Design acknowledge the claim, the Purchaser may, at his own discretion, ask for a free and appropriate elimination of faults or for a reasonable discount. In case of repeated or irremovable faults, the Purchaser may ask to settle the claim by a discount or by replacing the faulty goods with fault fee ones or by cancellation of the purchase contract. Ian Thompson Design may, based on an agreement with the Purchaser, propose an alternative method of elimination of faults. If claims concern missing goods and Ian Thompson Design acknowledge the claim, Ian Thompson Design delivers such goods or issues a credit note for the Purchaser depending on the Purchaser’s choice. Ian Thompson Design takes no further warranties or obligations, unless expressed and agreed to in the contract.
35) The warranty provided by Ian Thompson Design’s commissioned manufacturer does not cover damages by fire, water, static electricity or other natural disasters, misuse of the product including wrong clearing, wear, mechanical damages or wrong adjustment, handling, modifications, repairs or wrong way of use incompatible with the operation manual, technical standards or local safety regulations. Furthermore, the warranty does not cover damages of the product caused by fire, fall of the product or of its part in case of wrong mounting or wrong dimensioning, design and execution of the hanging device owned by the customer, by tampering with fixing and securing elements of the product, damaging the product by surcharge or undercharge in the mains or by operating the product at a wrong supply voltage or connecting it to unapproved power supplies, by keeping it and operating outside the temperature range of -20°C to +45°C, including environment with condensing humidity.
Liability and Remedy
36) The liability of Ian Thompson Design is limited to damages of the goods as such. Ian Thompson Design shall never be liable for other damages, unless its liability is clearly set forth by the law in case of a ruthless action and/or serious negligence. In this case, it is the Purchaser who bears the burden of proof. An unauthorized modification, failure to respect provided instructions and information or disrespect of normal using of the product and/or other misuse of the goods release Ian Thompson Design from any and all liability.
Storage
37) Delivered goods must be stored in a dry safe place that is suitable to avoid damage to the purchased product(s). The Purchaser shall bear the risk of all damages, which may appear due to a wrong or unsafe method of storage.
38) If Ian Thompson Design provides the product installation, any handling of the product before it is installed releases Ian Thompson Design from any liability for damage.
Act of God
39) In case of circumstances, which could not have been assumed at the time of signature of the contract and which prevent Ian Thompson Design from executing contractual duties, Ian Thompson Design is entitled to withhold fulfilment of such duties until the moment of recovery of normal commercial conditions. Only such events that Ian Thompson Design could not have avoided or averted, e.g. wars, revolutions, strikes, natural disasters, provisions of state bodies and lack of energy or blackout and lack of material, which have not been caused by Ian Thompson Design shall be considered Act of God events.
Copyright
40) Ian Thompson Design and/or their commissioned manufacturer is the owner of registered verbal and combined trademarks of Ian Thompson Design in New Zealand, Australia and other countries. The Purchaser may only use the Ian Thompson Design or commissioned manufacturer’s trademark on purchased products and packages for the purpose of identification. Any other use of trademarks, logos and other copyright owned by Ian Thompson Design and/or their commissioned manufacturers, mainly in connection with products, services, trademarks, logos and other copyright of the Purchaser or third parties, is
prohibited. Using of any copyright of Ian Thompson Design and/or their commissioned manufacturers in publications regardless of type of the publication media is subject to prior consent of Ian Thompson Design. Without written consent such publication is prohibited. Any technical document, plans, drawings, models, brochures, catalogues, etc. are still intellectual property of Ian Thompson Design and/or their commissioned manufacturer. They are protected by legal provisions against copying, imitation and instances of unfair competition. By accepting these materials, the Purchaser agrees to keep the confidentiality of information and not to use these materials for other purposes than for those, for which they were provided. The Purchaser agrees to bind his customers and resellers (with the exception of end customers) to keep these rules of dealing with the Ian Thompson Design and/or commissioned manufacturers intellectual property.
Final Clauses
41) Ian Thompson Design reserves the right to modify the General Terms and Conditions (GTC) anytime at its own discretion. The New Zealand and Australian laws shall be used to interpret the relationship between parties to the contract. The parties to the contract agree to settle disputes possibly resulting from this relationship. If such settlement is unachievable, the Purchaser and Ian Thompson Design shall both nominate and agree on an appropriate Arbitration company or authority to resolve. The parties declare that the decision of the Arbitration be accepted by both of them as final and binding. In case of any dispute leading to application of this agreement, the party, which loses the dispute, shall pay all costs thereof.