terms and conditions
Please note that availability is not guaranteed as all stock is also for sale at our showroom. We do our best to update inventory as soon as a piece is sold.
We adhere to the Consumer Guarantees Act.
shipping terms and conditions
|Prices include GST||0-0.9m3||1m3-1.9m3||2m3-2.9m3||3m3-3.9m3||4m3 and over|
|Canterbury – Uninsured||$145||$190||$235||$280||By quote|
|Canterbury – Insured||$430||$475||$520||$565||By quote|
|West Coast – Uninsured||$225||$270||$315||$360||By quote|
|West Coast – Insured||$510||$555||$600||$645||By quote|
|Rest of South Island – Uninsured||$295||$340||$385||$430||By quote|
|Rest of South Island – Insured||$580||$625||$670||$715||By quote|
|Coastal North Island – Uninsured|
(Northland, Bay of Plenty, Taranaki, Gisborne, Hawkes Bay)
|Coastal North Island – Insured||$650||$745||$840||$935||By quote|
|Rest of North Island – Uninsured||$295||$390||$485||$580||By quote|
|Rest of North Island – Insured||$580||$675||$770||$865||By quote|
1.1 These conditions explain the rights, obligations, and responsibilities of all parties to the Contract. Where we use the word ‘you’ or ‘your’ it means the Customer including corporations: ‘we’, ‘us’ or ‘our’ means the Contractor. Where there is more than one customer they shall be bound jointly and severally under this contract.
1.2 Any work of any kind done by us whether under the Contract or in pursuance of any other instructions or request by you shall be governed by these conditions so far as applicable.
1.3 We may refuse to accept for carriage any goods or any class of goods and shall not be obliged to assign any reason for such refusal.
2 VARIATION OF CONDITIONS
2.1 No person other than the Contractor or the Manager for the Contractor has any authority to alter or qualify in any way, the terms and conditions of a quotation or the contract, or to give any warranty or to make any representation.
2.2 We may vary these terms unilaterally but we will always provide the current version of the terms with our quotation and invoice.
3 OUR QUOTATION
3.1 Our quotation, unless otherwise stated does not include customs duties and taxes, broker fees (motor vehicles only), quarantine fees, quarantine steam cleaning and fumigation, bond or storage charges, demurrage or container detention fees.
3.2 Acceptance of our Quotation is by placing an order on www.mrmod.co.nz.
3.3 Our quotation is based on prevailing rates at the time of writing and is subject to amendment should any authorised increases take place before removal is completed.
3.4 Any increase in the price of storage during the time the goods are in warehouse shall be payable by you upon written notice of the increase.
3.5 We may make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include:
(a) When our quote is for a specified quantity and additional goods are removed or warehoused.
(b) Where access is not suitable and convenient for our vehicles and workmen to the place from which the goods are to be removed or delivered.
(c) Where the goods are to be delivered to a building at your request above the ground floor.
(d) The entrance or exit to the premises and any staircases, lifts and doorways are inadequate for the free movement of the goods without mechanical equipment or structural alteration.
4 WORK NOT INCLUDED IN THE QUOTATION
4.1 Our quotes do not include the following and if such work is required to be done by us these conditions shall apply to the work and we will charge you extra for the work:
(a) Disconnect, reconnect, dismantle or assemble appliances, fixtures, fittings, or equipment;
(b) Take up or lay fitted floor coverings; fix blinds, mirrors, or other fittings; hang pictures or curtains or remove heavy iron safes or coal;
(c) Dismantling and/or refixing pianos, billiard tables, television sets and other special articles or of any extraordinary packing which may be necessary to protect and secure safe transport of specially fragile articles
4.2 unless such packing is expressly mentioned in our quotation.
Unless stated in our quotation rents and warehousing charges do not include removing, packing, unpacking, stowing, unstowing, restoring or delivering for all of which services we will be entitled to make a separate charge.
5 ROUTE AND METHOD
5.1 Your acceptance of our quotation is on the understanding that the work is carried out by the route and method to be decided by us. Any Interruption, hindrance, postponement or sectional execution of the work that increases the cost will be covered by an extra charge to you.
5.2 We reserve the right to sub-contract the whole or any part of the work including to store or cause to be stored all or any part of the goods subject to the contract in the warehouse of any other contractor. If we sub-contract then these conditions still apply so far as they are applicable.
5. 3 We may at any time during the removal transfer the goods from vehicle to vehicle and when the goods are in store, we may remove them from one warehouse to another.
5.4 We may at our discretion use any balcony, window and/or tackle and make an extra charge to you and you will indemnify us against all claims in such cases and also release us from any liability for damage either to the goods handled in this way or the building to which they are delivered or removed or any access areas.
6 DELAYS IN TRANSIT
6.1 Every endeavour will be made to carry out the work within the time desired, but we will not be liable for loss through any delay from any cause beyond our control and we may make a deviation from any route without affecting our liability.
6.2 If the goods are delayed en route by reason of any default or wrong declaration by you or for any other reason or if you or your consignee is unable to receive the goods in the premises or at the place where they are to be delivered immediately on their arrival, we shall be at liberty to unload them into our own or any other storage place. Delivery to any such storing place shall be deemed to be delivery in accordance with the contract. We shall have a lien on such goods for all storage and other charges incurred up to the time you shall have taken delivery of such goods.
7 YOUR RESPONSIBILITY
7.1 It is your sole responsibility to:
(a) Declare in writing to us all articles which may be liable to Customs duties or official restrictions. You shall indemnify us against all claims fines, costs, charges and expenses which may be incurred by us by reason of any error or omission on our part as a result of the information given in any such declaration by you.
(b) Arrange insurance at the time the quotation is accepted.
(c) Be present or represented during the collection and delivery of goods
(d) Ensure an authorised signature on agreed inventories or receipts by way of confirmation of collection or delivery of goods. The inventory or receipt will be final and conclusive and no discrepancy will be recognised or entertained.
(e) See that no article required to be removed is left behind and that no goods or fixtures are taken away in error.
(f) Arrange proper protection for goods left in unoccupied or unattended premises or where other people such as (but not limited to) tenants or workmen are, or will be present.
(g) Prepare adequately and stabilise all appliances or electronic equipment prior to removal.
(h) Provide us with a contact address for correspondence during removal, transit and/or storage of goods and register your signature with us for mutual protection.
(i) Give seven (7) days clear written notice before removal of goods from the warehouse.
7.2 We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
8 GOODS NOT TO BE SUBMITTED FOR REMOVAL OR STORAGE
8.1 No article or substance which is, or likely to be of a dangerous corrosive, inflammable, explosive or damaging nature, nor anything likely to encourage vermin, borer, or other pests must not be submitted to us for packing, removal or storage or contained in any article submitted to us for such purpose.
9 OWNERSHIP OF THE GOODS
9.1 By entering into this contract, You warrant that:
(a) you own the goods removed, packed and/or warehoused or to be removed, packed and/or warehoused; or
(b) you have full authority of the person(s) who own or have an interest in them to deal with the goods in such a manner and to enter into this contract.
9.2 We shall not be bound to deliver any goods from the warehouse except to you or to a person authorised by you in writing to receive the goods.
10.1 All charges for packing and/or removing are payable before the collection of goods at origin.
10.2 Rents and warehousing charges are due and payable MONTHLY or if required by us on demand or before the time of delivery and all our expenses for freight must be paid to us before despatch. We shall not be bound to deliver any goods from the warehouse before payment of all amounts owing in respect of such goods.
10.3 Interest of 2% per month will be charged for outstanding debts.
10.4 You will be liable to pay any debt collection agency fees or legal costs including costs incurred on a solicitor/client basis for the recovery of outstanding debts.
11 OUR LIABILITY FOR LOSS OR DAMAGE
11.1 Unless at the time our quotation is accepted, you expressly request us to arrange insurance and pay the premium due we shall not be liable for any loss or damage to any goods howsoever arising to you or to any third party except as expressly provided for in these conditions.
11.2 You shall not be entitled to commence any proceeding against us unless and until all moneys payable by you have been paid in accordance with these conditions.
11.3 In the event that a court was to find us liable for any loss or damage incurred by you, our liability is limited to the amount paid by you for the carriage or storage of the goods concerned.
12 EXCLUSIONS OF LIABILITY
12.1 We will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances:
(a) By fire (howsoever caused) or measures for extinguishment or confinement of fire.
(b) Strike, labour trouble, riot, civil commotion, war, invasion, act of God, flood, or stress of weather or by moths, borers, vermin, white ants, termites or other insects, damp, mildew rot, rust, burglary, house-breaking, storm, tempest or explosion or by any railway, road, marine or air accident or delay, mechanical breakdown, aircraft or thing dropped or cast there from, act of third parties or cause beyond our control.
(c) By any article or substance in clause 8 or arising out of the handing thereof.
(d) The leakage of wines or other liquids
12.2We shall not be liable for loss of, failure to produce, or damage howsoever caused to:
(a) Any goods during transfer to or from any ships of other vessel, train or aircraft during transit by rail, air or water whether on deck or otherwise.
(b) Any article contained in any wardrobe, drawer, package, bundle, case or container not both packed and unpacked by our employees.
(c) Any plate, jewellery, currency note or coin, trinket, picture or other article of special value, unless the same is contained in a sealed packet and we have been notified in writing.
(d) Any live animal, including bird, fish or pet of any description.
(e) Any goods removed from or to a public sale room or place.
(f) Any goods removed from or into the premises where there are workmen other than workmen of the Contractor unless a detailed written claim is made at the time of such removal.
(g) Any plaster cast, statuary or plaster or composition picture frame.
(h) Any clock, barometer, piano, wireless apparatus, television set, electrical appliance or scientific, musical or other instrument refrigerator of deep freeze unit including mechanical derangement and deterioration of contents.
(i) Any article which is brittle inherently or apparently defective or in such a condition that it cannot be moved without risk of damage.
(j) Any article of a perishable nature including any leather or hide covering or imitation thereof.
12.3 Our liability will cease once goods have left our control.
12.4 No employee of ours shall be separately liable to you for any loss or damage under these conditions.
13 DAMAGE TO PREMISES OR PROPERTY OTHER THAN GOODS
13.1 You agree to indemnify us against all loss, damage or liability and any action, suit, proceedings claim, demand, cost or expenses taken or made against us as follows:
(a) Payable by us to any third party from our handling of any goods or the entry upon any premises to handle goods.
(b) Any other act or omission on our part, or our servants or agents in the reasonable performance of our obligations under these conditions.
13.2 We shall be entitled without notifying you to contest and defend any action, suit, proceeding, and claim or demand which may be taken or made against us in respect of any of the matters in 13.1.
14 TIME LIMIT FOR CLAIMS
14.1 For goods which we deliver any claim for loss or damage must be made in writing within 7 days after delivery.
14.2 If you or your agent collect the goods, you must notify us in writing at the time the goods are handed to you.
14.3 Any claim for damage to premises must be pointed out to us or our representative at the time of the removal of the goods and confirmed in writing within seven days after the damage is alleged to have occurred.
14.4 We will not be liable for any loss of or damage to the goods unless a claim is notified to us within the stated time limit.
15 OUR RIGHT TO HOLD THE GOODS (LIEN)
15.1 All property received by us will be subject to a general lien for all moneys owing to or liabilities incurred by us and the delivery or sale of any part of the property shall not affect the lien in respect of the remainder. We shall be entitled to charge rent and other expenses incurred and all these conditions shall apply during any period which a lien is being asserted.
16 OUR RIGHT TO SELL OR DISPOSE OF THE GOODS
16.1 We may at our discretion remove, sell, destroy or otherwise dispose of any article or substance in clause 8 and shall not be responsible or accountable for the value.
16.2 Subject to any rule of law if you owe us any rent, removal charges or other amount for any goods warehoused by us which is not paid within six calendar months of falling due we may give you notice of our intention to sell the goods.
16.3 If all amounts due are not paid to us within 14 days after the giving of notice we may sell the goods by public auction and apply the proceeds of sale in or towards payment of the amount owing and expenses and any balance shall be payable to you.
16.4 If you do not remove your goods from our warehouse within one month of our written notice requiring you to do so we may sell the goods by public auction and apply the proceeds of sale in or towards payment of the amount owing and expenses and any balance shall be payable to you.
17.1 Any correspondence and notices (including any receipt or inventory) may be given to you personally or sent by ordinary prepaid post to you and if posted will be considered to have been received by you on the day following the day on which it was posted to your last address recorded by us.
17.2 Notice may also be sent to you by facsimile or email and will be considered to have been received by you on the same day on which they were sent.
18 DISPUTE RESOLUTION AND GOVERNING LAW
18.1 Any dispute that arises in relation to this contract must be referred in the first instance to non-binding mediation.
The non-binding mediation procedure is:
(a) The party wishing to resolve a dispute by mediation must give notice in writing of the dispute to the other party.
(b) The notice must state that a dispute has arisen and provide particulars of the dispute.
(c) When a notice of dispute is given in accordance with this agreement the parties will appoint a mediator by agreement within 14 days, failing agreement either party may request the President of the New Zealand Law Society (or his or her nominee) to appoint a mediator.
(d) The parties will cooperate with the mediator in an effort to resolve the dispute.
(e) If the dispute is settled then the terms of settlement will be written up by the mediator and signed by the parties to the dispute.
(f) If the dispute is not settled within 30 days of the appointment of the mediator, or within any extended time that the parties agree to in writing then the parties will no longer be bound by this mediation provision.
(g) The parties to any dispute will share equally the cost of the mediator’s fees and costs including travel, room hire and refreshments.
18.2 Nothing in the forgoing provisions shall prevent any party to this contract from seeking urgent interlocutory relief from any court of competent jurisdiction.
18.3 Any dispute which is not settled by mediation is, at our election, to be referred either to a court of competent jurisdiction or to arbitration in accordance with the Arbitration Act 1996.
18.4 These conditions shall be interpreted according to the laws of New Zealand and the parties hereby submit to the exclusive jurisdiction of the New Zealand courts.
19.1 If any provision of this contract is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the parties must amend that provision in such reasonable manner as achieves the intention of the parties and cures the defect or that provision will be severed from this contract and the remaining provisions of this contract will remain in full force and effect.
20 LIST OF GOODS (INVENTORY) OR RECEIPT
20.1 Unless requested and an extra charge is paid the inventory need not show the condition of any goods or contents of any wardrobe, suite, drawer, package, case, bundle or other container. The fact that anything is or not stated in the inventory does not create any inference as to the state or condition of any goods.
20.2 We will not be responsible or liable for any article not specified in our inventory and will specify in our inventory only visible items except any specific item pointed out in writing by you immediately upon receipt of the inventory and noted by us on the inventory.