Terms and Conditions

For the mutual benefit of Curtain Studio Ltd ("the Company") and you ("the Customer"), please read carefully the following terms and conditions of sale. All goods and services are supplied by the Company on these terms.

PRICE & PAYMENT

1. The Customers instruction to begin the work outlined in the Company’s quote constitutes acceptance of these terms and conditions of sale and the terms of the quotation the Company has provided and which the Customer has confirmed, for the goods, making and installation costs set out in the Company’s quotation and for any extras or variations agreed upon in the course of installation (see clauses 11 and 12 below).
2. Payment is required as follows:
2.1. Upon written acceptance of the quote a 50% deposit of the total price of the quote is required to confirm the order. Please note that an order is not confirmed until a deposit is received by the Company.
2.2. Full and final payment of the total price for the order is required a minimum of 3 days prior to installation or at the time of collection of the goods.
  2.3. Part installation or part supply of the goods requires a payment equal to the value of the goods and/or services supplied, such amount to be determined by the Company at its discretion and notified to the Customer.
3. Measurements supplied by the Customer must be accurate and recorded in millimeters. The utmost care will be taken by the Company in following the measurements, but these measurements are ultimately the responsibility of the Customer.
4. The Customer may not withhold a percentage of the total price as retention for remedial or maintenance work. The Customer may not make any deductions or set off any amounts against the total price.

RISK, TITLE & DELIVERY

5. Where the Customer sells the goods prior to ownership passing to the Customer, the proceeds shall be held by the Customer for the benefit of the Company.
6. All goods shall be at the risk of the Customer from the time the goods are delivered to the Customer by the Company. The Customer must insure the goods from the time risk passes to them.
7. Ownership in the goods remain with the Company until payment is made in full.
8. Any stated time for delivery or installation is an estimate only and the Company shall not be responsible for any delay.
9. Once goods have been ordered and fabric has been cut, orders cannot be cancelled. Any cancellation of an order will result in the forfeit of the deposit paid by the Customer.
10. The Company shall store goods pending collection for up to 21 calendar days. The 21 day period starts when the Customer is advised of installation or collection. After 21 days a $50.00 plus GST per week storage fee applies.

SITE

11. The Company reserves the right to determine whether the site is ready for installation on the scheduled installation date.
12. It is the Customer’s responsibility to ensure that all existing blinds, drapes and tracks are removed prior to installation. If the Customer requires the removal of any existing window coverings, tracks or brackets there will be an extra cost charged by the Company.
13. Please note that the Company will remove certain items of furniture prior to installation, but where excessive amounts of furniture or chattels require removal, shifting or cleaning up, such charges will be EXTRA to the quotation given to the Customer by the Company. Where the Company does at its discretion de-install any electronic, kitchen or similar items or appliances it will do so on the basis that it will take all reasonable care, however it will not be responsible for any subsequent malfunction.

CONSUMER GUARANTEES ACT 1993

14. The Customer acknowledges that the Company does not provide any express guarantees, other than those expressly confirmed by the Company in writing. For the avoidance of doubt mildew, fading and misuse of products will not be covered. Unless clause 15 applies, nothing in these terms excludes or limits the Customer’s rights under the Consumer Guarantees Act 1993 (CGA).
15. Where the Customer acquires the goods or services or holds itself out as acquiring the goods or services for business purposes or is in trade, the Customer and the Company agree to contract out of the CGA and confirm that it is fair and reasonable that the provisions in the CGA do not apply.
16. For refunds over $100.00 including GST, a direct credit will be processed to the Customer’s nominated account. All goods shall be returned to the Company prior to a refund being processed.

PROGRESSIVE INSTALLATION

17. It is desirable that the installation be completed in one visit or continues as series of visits by the Company’s installer. Where this is not possible, additional charges may apply. In the event that completion of the installation is delayed for reasons outside of the control of the Company, the Customer may be requested to store all or part of the goods. The Company takes no responsibility for partial quantities of goods left in its care unless an arrangement to the contrary is agreed in writing between the parties.

DEFAULT

18. If the Customer defaults on payment of any part of the total price on the due date of payment, or the Customer does anything inconsistent with the Company’s ownership of the goods, or the Customer is otherwise in breach of these terms (“Event of Default”), the Company without prejudice to any other right it has at law or in equity, shall be entitled to:
18.1. terminate this contract created by the quote and these terms by notice in writing to the Customer; or
18.2. demand all amounts outstanding immediately become payable, notwithstanding the payment due date has not arisen; or:
18.3. charge interest to the Customer from the due date for payment at a rate that is 5% per annum above current overdraft rate which the Company has with
its principal trading bank; or
18.4. enforce any security interest created by this agreement and/or by taking possession of the goods; or
18.5. recover from the Customer the costs of and incidental to the Company collecting or attempting to collect the outstanding debt, and enforcing or attempting to
18.6. enforce its security (including legal costs on a Solicitor/Customer basis); or

19. The Customer agrees that, at any time after an Event of Default has occurred and is continuing or at any time if any goods are at risk, the Company may:
19.1. take possession of any goods; and/or
19.2. sell or otherwise dispose of any goods,

in each case in such manner and generally on such terms and conditions as it thinks fit and, in each case, do anything the Customer could do in relation to those goods. As the Customer’s agent, the Company (and its employees and agents) may, without prior notice, enter any land or premises where the goods are kept in order to take possession of and/or remove them, without being responsible for any damage caused in doing so. The Customer agrees to procure all other rights (including consents) necessary to enable, and to indemnify the Company (and its employees and agents) against any liability incurred in connection with, such entry, taking of possession and removal of goods. The Company may resell any of the goods and apply the proceeds of sale in reduction of the amount owing.

PERSONAL PROPERTY SECURITIES ACT 1999

20. These terms create a security interest in all present and after acquired goods (and any proceeds of such goods) that are supplied by the Company to the Customer.
21.  The Customer agrees to do anything reasonably necessary for the purposes of:
21.1. ensuring that the security interest in goods created under or provided for by these terms:
21.1.1. attaches to such goods
21.1.2. is enforceable, perfected, maintained and otherwise effective; and
21.1.3. has the priority contemplated by these terms;
21.2. enabling the Company to prepare and register a financing statement or financing change statement;
21.3. enabling the Company to exercise any of its powers in connection with its security interest in such goods; and
21.4. providing any information requested by the Company in connection with these terms to enable the Company to exercise any of its powers under the Personal Properties Securities Act 1999 (“PPSA”).
22.  The Customer agrees that nothing in sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA will apply to these terms and conditions of contract. The Customer waives the Customer’s right to receive a copy of any verification statement.
23.  In addition to any rights conferred on the Company by Part 9 of the PPSA, the Company may enforce its security interest by taking possession of any goods and may enter on any premises, whether or not an occupier is present, in order to take possession.

PRIVACY ACT 2020

24. The Customer authorises the Company or the Company’s agent to:
24.1. collect and use information about the Customer for the purposes of conducting a general assessment of the Customer’s creditworthiness, to instruct a credit reporting agency in respect of a debt collection or notify a default by the Customer, as applicable; and
24.2. otherwise use the Customer’s information in accordance with the Company’s privacy policy.

GENERAL

25. If the Company fails to exercise any right or remedy available to it, that will not prejudice its rights in regard to that right or remedy.
26.  The Company is entitled at any time to assign to any other person all or part of any debt, owing by the Customer to the Company.
27.  Unless otherwise specified, all amounts in the quotation are in NZ dollars and exclusive of applicable taxes and will be valid for 14 days after the date of quotation.