KORA KITCHENS LIMITED 
 

PICKUP, DELIVERY AND INSTALLATION TERMS

 

  1. Pick Up and Delivery - General

    1. Where delivery or pick up is arranged, sufficient time should be allowed before installation is to commence for unforeseen delivery delays.  

    2. Lead times quoted by Kora Kitchens may alter depending on work-loads, staff illness, material availability etc. You will be advised in advance of any delays. 

    3. While Kora Kitchens will use reasonable endeavours to meet agreed pick up or delivery timeframes, Kora Kitchens shall not be liable for any delays incurred.

    4. If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.

    5. You must advise at the time you discuss delivery with Kora Kitchens, any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist. Any additional costs in relation to access into your premises, eg, crane, are your responsibility. If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery.

    6. Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be. 

    7. You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.
       

  2. Pick Up at Our Warehouse

    1. Your kitchen cabinetry can be ready for pick up once full payment has been received.

    2. Should you arrange your own delivery then the goods become your responsibility upon collection from Kora Kitchens premises.

    3. Pick up is from our warehouse located at 327 Stanmore Road, Richmond. We recommend giving our warehouse at least 24 hours notice of when you will pick up.

    4. If items are factory damaged and under warranty, the customer must bring the damaged item back to our warehouse at the location outlined above for inspection. Kora Kitchens is entitled to make good any defects by way of (at our sole discretion) repair, replacement or refund. Kora Kitchens has no obligation to inspect and repair, replace or refund parts.

    5. Warehouse pick up orders must be loaded by the customer themselves into their vehicle to avoid any disputes of damage while loading. 
       

  3. Installation: Where Kora Kitchens has agreed to provide the installation services, the Customer must:

    1. Provide Kora Kitchens, its agents, employees and subcontractors with suitable access to the premises (including for any necessary vehicles and equipment) and an electrical supply and other amenities reasonably required to perform such Installation Services;

    2. Ensure the premises comply with all applicable laws, particularly those laws relevant to the health and safety of those persons performing the Installation Services;

    3. Ensure the premises are in a state ready for the Installation Services and are structurally sound.  This includes ensuring the site is clear and free from obstructions, building materials and debris;

    4. Ensure that trades (such as electrician, plumber, gas fitter) have performed necessary work prior to the installation of cabinets.  Failure to have the premises in a state ready for Kora Kitchens to install cabinets will result in additional delivery/handling fees and time delays.  Similarly, if Kora Kitchens is only responsible for installing a quartz benchtop, ensure that the cabinets have been installed correctly and are level.  Failure to have the cabinets in a state ready for Kora Kitchens to install the quartz benchtop will result in additional handling fees and time delays;

    5. Obtain (at its cost) any necessary permits, licences, consents and approvals required for the performance of the Installation Services in accordance with all applicable laws;

    6. Provide safe and secure storage at the premises for materials and equipment used in providing the Installation Services;

    7. Ensure that all other trades persons at the premises (other than Kora Kitchens employees or subcontractors) carry out works in accordance with all applicable laws and industry standards and cooperate reasonably with Kora Kitchens employees and subcontractors;

    8. Accept (or otherwise) the installation of the relevant product prior to any external claddings or linings being installed (if applicable) or prior to any other work being performed that may restrict access to the installed products;

    9. Additional Carpentry work will be charged at $80 per hour plus GST.

    10. A contractors margin of 20% will be added to all sub trade invoices engaged and directed by Kora Kitchens on behalf of the Customer.  
      Base prices for dis-connect and reconnect are:
      Plumber $550 + gst
      Electrician $650 + gst
      All additional work and materials incur additional costs.

    11. A contractors margin of 20% will be added to all invoices for material purchased by Kora Kitchens on behalf of the customer. 
       

  4. Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or making good any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the Products fitted.
     

  5. Kora Kitchens shall at its sole cost rectify any defects in the materials or workmanship which are notified to Kora Kitchens in writing by email to ross@korakitchens.com within 7 days of installation of the Product. Kora Kitchens will not be liable under this clause to remedy defects in or damage caused by work undertaken on the property after installation, or arising out of acts or omissions by the Customer or Customer’s contractors.
     

  6. In many instances an installation will not be able to be completed at one time – for example:

    1. Where part of the kitchen needs to be installed before other dimensions can be determined;

    2. Joins require time to cure. 
       

  7. Flooring

    1. Our kitchens utilize a standard 150 mm toe-kick. They are designed and recommended to be installed on top of the finished floor.

    2. If you choose to install the kitchen before the flooring, the toe kick may not fit. This may also cause problems with dishwasher and fridge height clearances. You will need to make arrangements for any alterations or modifications with Kora Kitchens prior to installation and negotiate the extra cost of these modifications.
       

  8. Appliances

    1. Kora Kitchens is not responsible for the installation of appliances.

    2. It is the responsibility of the customer to check the fit of all appliances and sinks and tapware before installation of the cabinetry and to make the appropriate adjustments if necessary. We can accept no responsibility for extra costs incurred for any adjustments required.

    3. It is the customer’s responsibility to ensure that appliance manufacturers’ requirements and/or building codes are complied with. We can accept no liability for damage (direct, indirect, consequential or otherwise) caused by incorrect installation of the appliances.
       

  9. PC Sums

    1. A prime cost sum (PC or PC sum) is an allowance, usually calculated by the cost consultant, for the supply of work or materials to be provided by a contractor or supplier that will be nominated by Kora Kitchens (that is, a supplier that is selected by Kora Kitchens to carry out an element of the works).

    2. The allowance is exclusive of any profit mark up or attendance (such as material handling, scaffolding and rubbish clearance, etc.) by Kora Kitchens.

    3. Payments are made based on the quotations/invoices of the supplied items by the contractor plus addition of 20% for overhead costs. If the contractor's actual cost is higher than the bill of quantities allowance, then the contract sum will be increased to balance it up and if the cost to the contractor is lower, then the contract sum will be reduced by the balance.

 
 

TERMS AND CONDITIONS OF TRADE

 

1.     Acceptance of Terms

        a.     These Terms and Conditions (“Terms”) govern the supply of all kitchen benchtops, cabinets, handles and all associated products and services                                    (“Products”) from Kora Kitchens Limited to you from time to time. 

        b.     By accepting a quote from us to supply Products you are deemed to have agreed that such Products are supplied subject to these Terms. 

        c.     Terms governing pick up, delivery and installation are contained in our separate Pick up, Delivery and Installation Terms. Please ensure you read those                   terms before committing to purchase any Products as you will be bound by them.
 

2.     Kitchen Design

        a.     Drawings that are supplied by us to you are a visual representation of the Products to be supplied. It is your responsibility to check that the Products                     ordered and purchased are correct and suitable for the purpose you require them for.  Any modifications required to cabinets or tops will be                                    chargeable to you. 

        c.     It is your responsibility to ensure that the drawings conform to any plumbing, gas fitting, electrical or any other building regulations, codes of practice,                    or other requirements.

        d.     If in doubt you should seek the advice of a builder or other qualified professional.
 

3.     Kitchen Pricing and Payment Terms

        a.    All quoted prices are valid until the end of each calendar month or until stock is sold out, whichever comes first, unless stated otherwise.  

        b.    If purchasing a kitchen from stock on hand a deposit of 20% plus GST of the total Products order will secure the quoted items and protect against any                     price increase for a period of 90 days from receipt of the deposit, provided the deposit is paid while the quote remains valid. 

                           I.       For Products that are to be delivered or picked up and do not require installation by Kora Kitchens, the final payment of 80% plus GST of the                                     total Products must be received by Kora Kitchens prior to the Products leaving the warehouse.

                           II.      For Products that are to be installed by Kora Kitchens, a payment of 70% plus GST of the total Products must be received by Kora Kitchens                                         prior to delivery. A final payment of 10% plus GST of the total Products is due upon completion of the installation.

        c.    If placing an order for a kitchen a deposit of 50% plus GST of the total Products order will secure the quoted items and protect against any price                               increase for a period of 90 days from receipt of the deposit, provided the deposit is paid while the quote remains valid. 

                           I.       For Products that are to be delivered or picked up and do not require installation by Kora Kitchens, the final payment of 50% plus GST of the                                     total Products must be received by Kora Kitchens prior to the Products leaving the warehouse.

                           II.      For Products that are to be installed by Kora Kitchens, a payment of 40% plus GST of the total Products must be received by Kora Kitchens                                          prior to delivery. A final payment of 10% plus GST of the total Products is due upon completion of the installation.

        d.    Payment of a deposit or otherwise instructing Kora Kitchens to proceed with an order is treated as acceptance of the quote provided.

        e.    We reserve the right to make any price changes to a quote, or withdraw a quote, prior to acceptance. 

        f.     Deposits are non-refundable should you change your mind, or otherwise fail to complete your order.

        g.    Additional charges may apply for difficult access/ installs or additional travel costs.

        h.    Should any items not be ready or partially complete at the time of delivery then we will agree on a timeframe to supply the item(s) or refund the                            difference (at our discretion).

        i.      If you are paying by internet banking you will need to allow sufficient time for the funds to be cleared before your order is accepted and processed.

        j.      Ownership of the Goods shall not pass from Kora Kitchens Ltd to the Customer until such time as Kora Kitchens Ltd has received payment in full of the                  price for the Goods in cleared funds and there are no other moneys owing by the Customer to Kora Kitchens Ltd in respect of the Goods.

        k.     Until such time as payment is made in full of the Price for the Goods in cleared funds, Kora Kitchens Ltd reserves the right to recover possession of the                  Goods.
        l.     Where Kora Kitchens Ltd has not been paid the Price for the Goods in full and Kora Kitchens Ltd has delivered the Goods to the Customer, the                                 Customer agrees that the relationship between Kora Kitchens Ltd and the Customer shall be fiduciary and that the Customer shall hold the Goods as                     bailee for Kora Kitchens Ltd and, if required, shall store the Goods in a manner that clearly shows the ownership of Kora Kitchens Ltd.
        m.   Kora Kitchens Ltd and the Customer agree that the provisions of this clause apply notwithstanding any agreement, whether subsequent to the supply                   of the relevant Goods or not, between the Customer and Kora Kitchens Ltd pursuant to which Kora Kitchens Ltd gives the Customer credit.

        n.    Kora Kitchens Ltd rely upon the Contractual Remedies Act 1979 and any other legislation in relation to non payment of due invoices or any other issue.

4.     Instructions and Modifications to Order

        a.     To avoid any miscommunication, changes to specification or dimensions, or any other specific instructions relating to your purchase will only be                               accepted if in writing (email) prior to the order being processed.
 

5.     General

        a.     You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

        b.     If at any time we do not enforce any of these Terms, we shall not be construed as having waived that term or our rights to later enforce that or any                         other term or right.

        c.     These Terms are governed by the laws of New Zealand and you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

        d.     If any of these Terms is held to be invalid, void or unenforceable for any reason, such provision shall be deemed severed from these Terms and the                       remaining provisions shall continue in force. 

        e.     In these Terms:

                          i.         “we”, “us”,  “our” and “Kora Kitchens” refer to Kora Kitchens Limited and “you” and “customer” refer to the                                                                                                     purchaser of the Products.

                          ii.        “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

                          iii.        Intellectual Property” means all intellectual property rights (including, without limitation, copyright, patent and design rights,                                                                 drawings, documents, data, ideas procedures and calculations).

                          iv.        References to a party include that party’s successors, personal representatives, executors, administrators and permitted assigns.

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