TERMS AND CONDITIONS OF TRADE
Material Space
2 Boston Rd Grafton, Auckland 1023
enquiries@materialspace.co.nz
phone: +09 309 2006
DEFINITIONS
"We", “Our” or MSP shall mean Material Space Ltd.
“Customer”, “Purchaser" or Contractor shall mean any person or entity acquiring products or services from MSP or any person acting with the authority of the customer or purchaser.
"Products", “Goods” or “Materials” shall mean the materials, equipment or chattels supplied and sold to the customer by MSP.
“Services” shall mean any other services such as designs, advice, installation or facilitation provided by MSP.
“Day”, “Days” or “Weeks” shall reference calendar days.
“Contract” shall mean these Terms together with any quotation.
Quotation means any written or electronic representation of pricing that is made by MSP
“Price” or pricing shall mean the value agreed between MSP and the Purchaser for the Products and Services including all disbursements or charges that MSP pay to others on the Customer's behalf.
PRICING
All pricing is exclusive of GST. Unless specified otherwise all pricing shall only be valid for 30 days from the date of issue.
Quotations are based upon the exchange rate of the New Zealand Dollar as of the date of the associated quotation against the currency that MSP is required to source to purchase materials from their supplier. Fluctuations in exchange rates may result in a change in the quoted price.
All quotations may be subject to withdrawal or change by MSP at any time prior to acceptance by the Purchaser
No retentions will be held against orders, products or services.
ACCEPTANCE
By ordering our Goods or Services, paying a deposit, providing a purchase order or signing our quotation the purchaser agrees to be bound by the terms and conditions contained in our quotation and in this document.
MSP is not obliged to place any order with their suppliers until such time as a deposit is received
No retentions shall be held against the materials or services supplied by MSP.
Materials Space shall not be liable for loss of any nature in relation to the supply of any goods and services to a Purchaser or Contractor
GENERAL PAYMENT TERMS
For supply only contracts
For ex stock materials full payment is required at the time of placing an order to secure the materials. Any charges for storage of the product thereafter are by negotiation with MSP.
For indent special order contracts a 50% deposit is required at the time of placing an order with the balance paid within 7 days of material arrival at our warehouse.
For any indent order of $1500 or less, full payment is required at the time of placing the order.
For supply and installation contracts
A 50% deposit is required at the time of placing an order with a further 30% paid prior to the dispatch of finished goods from our warehouse or factory. The final balance shall be paid within 7 days of installation.
DEPOSITS
Deposits are necessary as general industry terms are such that we MSP (Material Space) are required to pay our material suppliers in full at the time of placing an order or prior to a customer’s products being despatched to NZ. For very high value projects the deposits can be held in a trust account subject to the following conditions:
That the deposit is first received by MSP and then paid by us into the trust account of our solicitors Craig Griffen and Lord after which time MSP will provide to the client a proof of receipt from Craig Griffen and Lord of the deposit. This manner of transaction is a requirement under existing anti-money laundering legislation which requires the party making a payment into a solicitors trust account to be an existing client of that solicitor and have been pre-approved by them to do so.
In the event that a deposit is held in trust it will still be necessary to draw down on those funds to facilitate our suppliers being paid in advance as outlined above so in the event that deposits are to be held in Trust our terms will be as follows:
A 50% deposit is required at the time of placing an order with the understanding that all or a portion of that deposit will be drawn down in advance of the supplier loading the materials ordered. Timing of that drawdown will be subject to and reflect the terms of our supplier
An additional 25% progress claim will be invoiced at the time of loading the materials ex our supplier.
The 25% balance will be required at the time of the arrival of customer owned goods into our NZ warehouse.
Goods will then be marked as Property of the client and prepared for despatch.
LEAD-TIMES
We will take reasonable care to accurately estimate delivery times but cannot be held liable for any loss arising from delivery delays or shortfalls that are caused by circumstances outside of our reasonable control such as shortage or unavailability of raw materials at source, delays in production, manufacturing or shipping, damages occurring in transit, strikes, machinery breakdowns, war, terrorism, fire, flood, storm or other “Acts of God”
Leadtimes for Maximum Panels. If these are not available ex stock from our Auckland warehouse, delivery lead times will generally be 8-12 weeks from the date of order (ex our warehouse in Australia) or 18-22 weeks from date or order if they are required to be sourced ex-factory from Italy.
For Indent Natural Stone and Tile Orders.
Lead times will typically be 18-22 weeks from the date of order.
The above lead times may be extended for less than FCL orders as these will require consolidation with other customer orders.
Additional lead times should be calculated for delivery of the product to locations that are outside of Auckland or are distant from the Port of arrival in NZ.
WAREHOUSING, DELIVERY AND STORAGE
Goods are priced ex our Auckland warehouse unless otherwise stated. It is the responsibility of the purchaser to arrange and pay for additional delivery costs from that location.
Goods can be held free of charge at the warehouse for up to 7 days after which time the Purchaser will be charged for storage at a rate of $15.00 + GST per crate/slab or panel per week
The purchaser should always ensure that someone is available at time of delivery to inspect their Goods prior to them being unloaded.
Store all materials in a clean and dry environment prior to, during and after installation.
Do not break down or dispose of any packaging that may need to be re-used.
INSURANCE
MSP will insure all products through to the point where title is deemed to have been transferred to the purchaser after which time the responsibility for insurance shall also pass to the purchaser.
MATERIAL VARIATIONS
Samples and photos supplied are intended to provide a reasonable representation of the overall appearance of the materials. Given the nature of products sold by MSP, variations in colour, veining, grain structure, batching and tone may exist between any samples or photos provided and the shipment received.
Stone being a natural material (like timber) exhibits a variety of unique characteristics including fissures, vents, colour and surface variations that are acceptable and typical of these products. It is important for the purchaser and installer to familiarise themselves with the degree of variation that exists within any product before processing or laying. We always recommend a “dry lay” in advance to determine the extent of variation and blending across a batch that will be required.
CLAIMS, RETURNS AND SHORTFALLS
Products and Services will not be accepted for return without prior consent of MSP
The Purchaser shall examine the material on delivery and is required to provide notification in writing within 3 working days of the delivery of goods, of any shortfalls, damage, errors or other matters of concern which may entitle the purchaser to reject the goods.
To the extent permitted by law any goods that are installed are deemed to have been accepted by the Purchaser as being in good order and condition.
Any Products and Services accepted for return must be in original undamaged condition and packaging accompanied by original invoice.
For indent special order contracts material orders will be based upon the quantities nominated by the purchaser and a no return policy will apply.
The Purchaser acknowledges that when purchasing porcelain panels for fabrication by themselves (or elsewhere) that they will cut, fabricate and install materials in accordance with the directions provided in the nominated product fabrication and installation instructions. No liability will be taken for technical issues that arise as a result of not having followed the required fabrication or installation procedures
TITLE
Title to the Goods or Services passes to the Purchaser upon payment in full of the quoted price. MSP will retain a security interest in all Products and Services until all sums have been paid in full by the Customer.
IMPORTANT PRE INSTALLATION NOTES
Prior to commencing any cutting or installation of your materials please ensure that you have considered the following:
Ensure that any tradespeople involved with the manufacture or installation of the materials have suitable competency for working with products of that nature and have familiarized themselves with any manufacturing or installation guidelines.
Review the product for material colour, size, thickness and finish. Variations are expected and will need to be accommodated especially with bespoke handmade or natural products. We recommend opening several creates or boxes of material to establish the scope of the variation and conducting a “dry lay” first to determine the extent of blending that will be required during installation.
Always check the suitability and level/plane of any substrate surfaces prior to installation. Ensure that any adhesives, grouts and sealers used are compatible with these materials and in applied accordance with any installation guidelines provided. If in any doubt, and the product being installed.
ADDITIONAL TERMS AND CONDITIONS OF SALE FOR NATURAL STONE SLABS
Natural stones inherently display variations in tone, colour, veining and grain structure, both within and between batches. Samples and photos are intended to provide a reasonable representation of the overall appearance of our materials.
Variations in sizing, thickness, weight, texture, durability, density, surface and finish can also be present. There can often be a requirement for a level of filling, re-finishing or reinforcement of materials by the fabricator, particularly when the material is a filled product or has a brushed finish.
MSP will not be liable for any colour, texture or finishing variations that are typical of the natural quality of the materials supplied and stone slabs will not be accepted for return. Where possible the purchaser, fabricator and installer should familiarise themselves with the degree of variation that exists within the product selected prior to purchase. In cases where the slabs cannot be viewed prior to purchase, MSP can provide photos and an inspection report describing the characteristics and sizes of the material available.
Delivery of the goods can be facilitated by MSP within the Auckland, Northland and Waikato regions for an additional charge.
Delivery to other regions around NZ would generally occur by way of the nominated fabricator arranging for an A frame to be dispatched to MSP for the goods to be loaded upon. This A frame would then be backloaded to the point of origin.
In some instances, by negotiation and at additional cost the delivery of slabs to other regions around NZ can be facilitated by MSP upon a single use (one way) A frame. This will be by negotiation and the freight cost will be the responsibility of the purchaser.
For slab purchases, the purchaser accepts responsibility for having consulted appropriately to seek out any technical information required to determine that the materials selected are suitable for the proposed application.
The purchaser or their nominated representative shall examine the material on delivery and is required to provide notification in writing within 3 working days of the delivery of goods, of any shortfalls, damage, errors or other matters of concern which may entitle the purchaser to reject the goods.
MSP shall not be liable in respect of any claim made after the goods have been cut, altered, fixed, installed or used in any way.
Natural stone should be always sealed with a quality sealer post-fabrication and prior to installation.