Terms of Trade
1.2 All goods supplied by EDEN STONE to the customer will be upon these terms of trade unless otherwise agreed in writing. These terms of trade supersede any previous standard terms and conditions agreed between the parties and governing the provision of services and/or goods by EDEN STONE to the customer.
1.3 EDEN STONE’s agents and representatives have no authority to make any oral representations, statements, warranties, conditions or agreements that conflict with these terms of trade.
1.4 These Standard Terms & Conditions are applicable to all products supplied by Eden Stone and therefore once the quotation is accepted, these Standard Terms & Conditions apply and are agreed to by the Customer.
1.5 A copy of Eden Stone current Standard Terms & Conditions is displayed on the Eden Stone website. Eden Stone may change these Standard Terms & Conditions by changing or removing existing terms or adding new ones. It is the Customer’s responsibility to check these Standard Terms & Conditions regularly for any modifications or updates.
2.2 The price for the goods will be as quoted in writing by EDEN STONE to the customer. In the absence of a written quote, EDEN STONE’s standard charges apply. All quotes and charges are expressed as exclusive of GST and GST will be payable by the customer in addition to such payment.
2.3 All freight and delivery charges will be in addition to the quoted price and will be payable by the customer.
2.4 Payment is to be made to Eden Stone bank account supplied, Credit card payments will attract a fee
2.5 a) Forward order: A 50% deposit is required within receipt of the invoice. Please note the Customers order will NOT be ordered from the manufacturer until the deposit is paid. The balance of payment is required as soon as the Customer’s product is within one week of arriving in country. Eden Stone will notify customers by email.
b) Wholesale clients will be invoiced by Edenstone for payment 20th month following New Zealand domestic delivery.
2.6 Eden Stone reserve the right to charge storage on goods that remain unpaid or not picked up/delivered as customers product arrives. However if paid in full, Eden Stone will store Customer’s goods for up to a period of 1 months free of charge. Then $7 per week plus GST
2.7 Unless agreed otherwise, all goods will be paid for in full, prior to despatch or collection.
2.8 If the customer fails to make payment on the due date then the customer will pay EDEN STONE a penalty payment calculated as 5% above the average monthly base commercial lending rate from time to time charged by EDEN STONE’s bank. Interest will be calculated monthly and payable on demand. Store fee may also apply
2.9 Any expenses, disbursements and legal costs incurred by EDEN STONE in the enforcement of any rights contained in these terms of trade will be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
2.10 Samples provided by Eden Stone remain Eden Stone`s property. Eden Stone reserve the right to recall, swap or sell at anytime
3. Liability and Indemnity
3.2 With the exception of express warranties contained in these terms of trade, all warranties and representations in respect of goods and services supplied are excluded to the extent permitted by law.
3.3 The customer acknowledges that if it acquires the services or goods for a business purpose then the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded and do not apply.
3.4 In no event will EDEN STONE be liable to the customer or any other party for any loss or damage arising directly or indirectly in connection with EDEN STONE’s services and goods, their use, misuse or otherwise including (but without limitation) any loss of profit, business, revenue, goodwill or anticipated savings.
3.5 EDEN STONE will not be liable to the customer or any other party for consequential, special, punitive or exemplary loss, damage or liability arising directly or indirectly out of or related to the agreement and provision, performance of or failure to perform the services by EDEN STONE whether in contract, tort (negligence), for breach of statutory duty or any other principle of legal liability.
4. Title and Security (Personal Property Securities Act 1999)
4.2 Title in any goods and services supplied by EDEN STONE will pass to the customer only when the customer has made payment in full for the same and EDEN STONE will have a security interest in all goods and services provided to the customer until that has occurred.
4.3 The customer agrees to sign any documents and provide any further information required for EDEN STONE to perfect it security interest in the goods. The customer grants EDEN STONE a security interest in all of the customer’s present and after acquired property that EDEN STONE has performed services on or to which goods or materials supplied by EDEN STONE have been attached or incorporated.
4.4 Where goods and services are retained by EDEN STONE pursuant to 5.1, the customer waives its right to receive a notice under section 120 of the Personal Property Securities Act 1999 (‘PPSA’) and to object under section 121 of the PPSA.
4.5 The customer agrees sections 114(1)(a), 133 and 134 of the PPSA do not apply to these Terms of Trade.
5.2 Eden Stone Baths and basins are warranted for 5 years provided that the goods are installed by a registered professional plumber, indoors in original place and are not resold separately. Due to the varied uncontrollable conditions Eden Stone baths are not warranted outdoors.
5.3 This warranty excludes seals and /or washers, damage caused by neglect, improper or inadequate care, wilful or accidental damage, abnormal conditions, incorrect modification or repair, inappropriate use for which it isn’t designed and deterioration through normal wear and tear and where not installed by an industry qualified tradesperson.
5.4 This warranty does not extend to installation costs in regards to replacement or delayed delivery of products.
5.5 This warranty excludes Eden Stone tubs installed in dwellings with water sourced from bore/wells or any underground supply.
5.6 This warranty excludes items purchased as previously store samples.
6. Pickups and deliveries
6.2 Transport deliveries are contracted out to approved 3rd party contractor which provides deliveries on a warehouse to `kerb` basis.
6.3 Unless a forklift is on the delivery site, a tail-lift truck will be used in the case of delivering heavy objects over 40 kgs and the additional cost of this will be included in the freight. Items up to 40kg can be handled by the driver if the size permits. After that the driver will need assistance.
6.4 All goods delivered to the Customer’s premises must be inspected within 48 hours of receipt of the delivery docket.
6.5 If any damage is noted, the Customer must notify Eden Stone within 48 hours of delivery (docket delivery time) and in writing within 72 hours of delivery providing proof of damage and images to admin@Eden Stone.nz. Claim outside of above time frames will not be accepted by Eden Stone.
6.6 Claims may be subject to inspection and if requested must be returned in their original packaging.
6.7 It is the Customer’s responsibility to supply the correct and full address. Failure to do so, may result in additional charges which the Customer will be required to pay prior to the goods being despatched again.
6.8 If you require delivery to an unattended location or building site, the Customer must instruct Eden Stone in writing. Goods will be left at the Customers sole risk. Eden Stone shall not be responsible for any claims, damages, costs, or expenses arising or resulting there from including any claim that the goods were not delivered. The contractor is not permitted to deliver to inside a building.
6.9 If required Eden Stone offer an additional service of onsite delivery services at an extra cost eg carrying bath downstairs to location.
6.10 Eden Stone will not be responsible for any failure to fulfil any or part of any such order, nor entitle the Customer to cancel or vary any such order. Eden Stone will not be held liable whatsoever for any loss, consequential damages or compensation arising from a delayed or cancelled order. All expenses relating to delivery, insurance, transit or storage of goods after delivery to the Customer will be at the Customer’s cost.
6.11 Eden Stone may stop goods in transit whether or not delivery has been made if the Customer is in default at any time.
6.12 Delivered goods may not be returned unless defective or damaged in transit.
6.13 The Customer or the Customer appointed Transport Company can pick-up the Customer’s goods from Auckland warehouses only if required 24 hours notice is provided prior to Customer pickup
6.14 The warehouse will assist with loading the goods, but it is the Customer’s sole responsibility to secure the goods for transport. Once the goods have been loaded, then the transport and handling thereafter is entirely at the Customers risk.
7.2 These Terms of Trade may be terminated by notice in writing as follows:
(a) By EDEN STONE if the customer commits any act of bankruptcy, enters into any arrangement with its creditors or (in the case of a company does any act which would render it liable to be liquidated), or if a resolution is passed or proceedings commenced for the liquidation or voluntary administration of the customer or if a receiver is appointed in respect of all or any of the customers assets.
(b) By EDEN STONE if the customer is in breach of these terms and conditions.
(c) By EDEN STONE upon completion of the delivery of the services and goods and payment in full by the Customer
(d) By mutual agreement of the parties.
8. Dimensions and Descriptions
8.2 Eden Stone and its affiliates attempt to be as accurate as possible in regards to the description and dimensions of the goods. However, Eden Stone does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Due to the handmade nature of our product variations of up to 10% (colour and dimensions) are considered normal. If a product offered by Eden Stone itself is not as described, the Customer’s sole remedy is to return it in unused condition.
8.3 The Customer is entirely responsible for ensuring the goods purchased are fit for purpose in terms of shape, size and colour and agrees to same once the Customer order is confirmed.
9.2 Quotations are valid for 30 days
9.3 Eden Stone reserve the right to re-price an expired quotation if the Customer wants to proceed with the original quotation.
9.4 Should there be any changes to the specification, quantities or delivery destination, a revision to the quotation or invoice will be required, as prices and delivery may be affected.
9.5 Although this is an estimate, Eden Stone commit to maintaining these prices subject only to recovery of additional costs incurred by us due to manufacturers’ increases and/or movement in foreign exchange rate from the date of the original quotation in whichcase Eden Stone reserve the right to retender the quotation.
9.6 Once the Customer confirms the quotation with Eden Stone, then the quotation is fixed and foreign exchange rate fluctuation and increased manufacturers’ costs risk rests with Eden Stone excluding Customers revisions
10. Intellectual Property
10.2 The customer agrees and acknowledges that EDEN STONE is the owner and/or licensee of the intellectual property rights in certain systems, know-how and other intellectual property which may be utilised in the provision of the services or goods provided to the customer and that the customer obtains no rights and or interests in such intellectual property by virtue of its purchase of the services and /or goods from EDEN STONE.
11.2 If the goods sold are a normal stock item and the order is cancelled before despatch, a full refund will be paid to your bank account subject to final approval by Eden Stone Directors.
11.3 If the goods are a normally stocked item and in transit from the manufacturer, a full refund will be made to your bank account subject to final approval by Eden Stone Directors.
11.4 Custom made goods or special orders may not be returned and refunded unless at Eden Stone Director’s discretion.
11.5 If approved by Eden Stone Directors, goods that have already been delivered to the Customer may be subject to a 20% restocking fee prior to return to the warehouse plus other associated costs.
11.6 In any event, returns will not be accepted back if the goods AND the crate is not in it's original condition including original packaging
11.7 Goods on sale, whether on clearance ex showroom or stock cannot be returned.
12. Risk and Title
12.2 Risk in any goods passes to the Customer on delivery.
12.3 Title remains with Eden Stone until the Customer has paid Eden Stone for all goods supplied in full and in cleared funds. Until title passes to the Customer, the Customer will hold them on trust and as bailee for Eden Stone.
13. Confidential Information
13.2 Neither party will disclose information which is confidential to the other party to a third party unless compelled to do so by law.
14.2 Neither party may assign any of its rights or obligations under these Terms of Trade without the prior written consent of the other.
14.3 Every notice given under these terms and conditions will be sufficiently given if delivered personally, posted or emailed to the intended recipient at his/her or their last known address or email address.
14.4 Neither party will be liable for any delay or failure for the performance of any of the obligations imposed on them under these Terms of Trade if such failure is beyond the reasonable control and without fault or negligence of that party, provided that this clause will not extend to excuse the consequences of insolvency or financial difficulty.
14.5 These Terms of Trade constitutes the entire agreement between the parties which supersedes any prior arrangement or understanding whether written or oral relating to the subject matter of this agreement.
14.6 These Terms of Trade will be governed by the laws in New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.