Terms of service
- DEFINITIONS
Unless otherwise stated:
“SELLER” refers to NOVA Living Limited.
“BUYER” refers to the person or entity purchasing goods from the seller.
“GOODS” refers to the product being supplied by the seller to the buyer
“PRICE” means the agreed price for the goods being supplied by the seller to the buyer.
- ACCEPTANCE
By making a purchase, the buyer agrees to be bound by the seller’s terms and conditions of sale.
- TERMS AND CONDITIONS
The terms and conditions apply to all purchases made by the buyer and may be subject to change without notice.
- PRICE AND PAYMENT
The purchase price shall be in accordance with that displayed at www.novaliving.co.nz. Price may be subject to change.
Payment method shall be as per available options as shown at www.novaliving.co.nz. Payment options may be subject to change.
- NO ALLOWANCE
No provision has been made for attachment to other existing structures, nor for addition of panels, screens, facades or any other means of enclosing the product
- RESPONSIBILITIES
It is the responsibility of the customer to ensure all regulatory requirements, including, but not limited to local bylaws, consents, building covenants, are complied with. Any attachment of the product to other structures, including fixing methods/detail, provisions for drainage or other methods not covered by the installation manual, are the responsibility of the buyer.
- DELIVERY
Dispatch shall be within three working days of order placement. Delivery shall be to the nearest Mainfreight Depot – from where it should be uplifted within three days of being made available for collection. NOVA Living Limited may not accept liability for any damage the product may have sustained in transit or during storage at the Mainfreight depot if the product has not been uplifted within the three day collection window.
- POWDER COAT FINISHING
Powder coat finish shall be in accordance with the Window & Glass Association Standard - Powder Coating Surface Finish - Appearance In-Situ
November 2011.
Some powder coat defects and/or blemishes visible with the naked eye from up to two metres distance, may be deemed to be acceptable according to the above standard.
- BUSINESS TRANSACTIONS
To the fullest extent permitted by law, when the seller supplies goods for business purposes, all guarantees, warranties, rights, or remedies implied by the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other statutory or legal provisions are expressly excluded.
- WARRANTY
A 3-year manufacturer’s warranty is provided, subject to the following conditions. The seller guarantees that the covered goods will be free from material defects for a period of 3 years. Within this warranty period, the seller will, at no charge, repair or replace any component found to be defective in material, provided the buyer notifies the seller in writing within 3 years from the invoice date.
- EXCLUSIONS
The seller's total liability for any loss resulting from a defect, noncompliance of the goods, or any breach of its obligations will not exceed the original contract price under any circumstances.
The seller will not be held responsible for:
(a) Defects caused by improper installation. Installation must strictly follow the seller's instructions, comply with relevant building codes and statutory/local authority requirements, and be carried out in a professional manner;
(b) Defects resulting from accidents, abuse, neglect, misuse, environmental conditions, Acts of God, or vermin;
(c) Any consequential, indirect, or special damage or loss of any kind; or
(d) Any loss caused by the buyer’s employees or contractors, agents, or any other persons.
The goods may not always be entirely waterproof in all circumstances. The seller accepts no responsibility for items that could be damaged by water; this risk lies with the buyer.
The buyer agrees to indemnify the seller against any claims made by the buyer’s employees or contractors, agents, or other parties for any loss resulting from defects, noncompliance, or any other matter related to the goods.
No warranty, condition, or guarantee, whether express or implied, is provided by the seller regarding the quality, condition, appearance, content, or fitness for any particular purpose of the goods.
If a defective good is repaired or replaced under warranty, the remaining balance of the original warranty period will continue to apply. Replacement goods or parts do not carry any additional warranty.
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MAKING A WARRANTY CLAIM
To submit a warranty claim, please contact us here with the following details:
· A detailed description of the issue;
· A copy of your invoice; and
· Your contact information, including the installation address and a suitable daytime phone number.
After receiving and reviewing your claim, the seller may contact the buyer for additional information. If the issue is determined to be a defect covered under the warranty, the seller will arrange for the repair or replacement deemed most appropriate by the seller. In some cases, the seller may require the buyer to return the goods, with the return shipping costs being responsibility of the buyer.
- DISPUTE RESOLUTION
The seller will make every effort to resolve any dispute with the buyer amicably, avoiding the need for legal proceedings. Any efforts to resolve a dispute shall be without legal prejudice. Claims related to the goods (excluding warranty claims) must be submitted within 5 days of delivery confirmation to be considered.
