LA Design Terms and Conditions
1.0 Formation of the contract
1.1 These Terms & Conditions, together with the project proposal and/or written quote supplied by LA Design which describe the services, set out the entire agreement between LA Design and you (the “client”). This contract will apply once appointment has been made to provide LA Design services (the “services”).
1.2 Before procuring The Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services of LA Design.
2.0 LA Design Obligations
2.1 LA Design will endeavor to advise the client of the predicted timescales of works as soon as is possible after the quotes have been produced. All such dates shall be approximates only and LA Design cannot be held responsible for any delay in completion.
2.2 LA Design is responsible for organizing third party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for the Client, as confirmed by LA Design.
3.0 Client Obligations
3.1 The Client shall ensure that the property for which the Services must be carried out, is irrevocably accessible to employees of LA Design and any third party suppliers throughout the duration of works, including; all alarm codes, keys and sufficient access for the installation of large furniture. It is agreed that LA Design will have full right of access to the property for removal of staging items should there be any default in payment.
3.2 The Client will also ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to LA Design.
3.3 The Client will take all necessary steps to ensure that any furniture and/or other associated equipment supplied under this contract is secured and protected from loss or damage whilst in their care and jurisdiction. Any such loss or damage must be reported directly to LA Design without any unnecessary delay.
3.4 The Client will ensure that any furniture and/or other associated equipment are maintained in a clean and tidy state, during the period of the Contract. This is especially important where the furniture and/or other associated equipment are used in a building site or renovation location.
3.5 The Client will ensure that any furniture and/or other associated equipment are maintained in the same state and location as they were placed by LA Design at the start of the staging period unless LA Design have been notified in writing and approved of any changes.
4.0 Purchasing, Rental
4.1 Should the Client wish to purchase the goods, ownership will remain with LADesign until such time as all outstanding invoices have been paid in full.
4.2 In the case of furniture hire, LA Design carries contents insurance provided that the premises is fully secured. Should any damage, loss or theft occur when these conditions are not met, the Client will be liable for all costs associated with the repair or replacement of the supplied goods and associated equipment.
5.0 Payment & Billing Terms
5.1 The charges for the Services are set out in the quote provided. The initial staging fee is required at least 24hrs before Services are to be carried out unless otherwise stated by LA Design in writing.
5.2 All payments should be made by cash, cheque or bank transfer.
5.3 In the case of payment by cheque or bank transfer, payment must be cleared before Services are provided.
5.4 All Cheques should be made payable to LA Designor as confirmed by LA Design.
5.5 All payments to LA Design are due immediately upon presentation of invoice.
5.6 Five working days before the end of the initial hire period, LADesign will notify the client of the scheduled time and date to remove the supplied goods and associated equipment at which time the Client may request to extend the staging period. If the Client does not confirm the end of the hire period within those five working days, LA Design reserve the right to remove all items at the end of the period of hire and invoice the client for any associated costs with rescheduling transportation and delivery should the Client wish to extend.
5.7 If client defaults on a payment, or payment remains unpaid for five working days or more, It is agreed that LA Design reserves the full and irrevocable right to remove all supplied items from the premises.
6.0 Cancellation and Termination Policy
6.1 The Client has the right to cancel this contract (the “Contract”) at any time up to the end of five working days before the Services have been scheduled, subject to the following provisions. A working day is any day other than weekends or other public holidays.
6.2 The Client does not have the right to cancel the Contract if the supply of Services begins with the Client’s agreement before the end of the five working day cancellation period.
6.3 To exercise the right of cancellation set out in clause 6.1, the Client must give written notice to LA Design by hand, post or email, at LA Design’s address, or email address as set out in clause 8.2 below.
6.4 Once the Client has notified LA Design that the Client is canceling the contract, LA Design will within 30 working days refund the Client for the Services.
6.5 Following the five working day period set out at clause 6.1, the Client has a right to terminate the Contract at any time by giving notice in writing to LA Design. The Client will be liable to pay LA Design for the Services provided to the date of termination (including but not limited to, services already performed, goods and materials supplied.
6.6 A delay by either party in acting on a breach of this Contract will not be regarded as a waiver of the breach. If either party waives a breach ot the Contract by the other, the waiver is limited to that particular breach only.
6.7 Termination of the Contract will not affect either party’s outstanding rights or duties, including LA Design’s irrevocable right to recover any money owing to it under these Terms and Conditions.
7.1 LA Design shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Client which is or are incomplete, incorrect or inaccurate.
7.2 L A Design shall not be liable to the Client for any unforeseeable loss or damages arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
7.3 Neither LA Design, nor the Client, shall be liable for any failure to perform its duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or other adverse weather conditions.
7.4 To enable L A Design to deal with any complaint that may arise relating to the Services, the Client must provide full details of any complaint within one working day of the supply of the relevant services.
7.5 Hanging of Artwork, Mirrors and other items is a part of our contracted Services. It is agreed that any damage arising from installation of all furniture, furnishings, artwork and mirrors remains the Clients responsibility to rectify or restore after the items have been removed by LA Design including, but not limited to, nail holes, hooks, blemishes, discoloration, carpet indentation, scratches.
7.6 Nothing in these Terms & Conditions affects any liability for death or personal injury caused by LA Design’s negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
8.0 Data Protection & Intellectual Property
8.1 LA Design will only use any personal or sensitive information provided by the Client for the purpose of providing the Services, or for informing the Client of the availability of similar services, unless the Client agrees otherwise.
8.2 The Client can correct any information, or ask for information about the Client to be deleted by giving written notice to L A Design at the following address: LA Design, 1048 Rapaura Road, RD 3, Blenheim 7273 or by email: [email protected]
8.3 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of LA Design in connection with the Services shall belong to LA Design absolutely and any such materials, documents or items shall be or remain the sole property of LA Design.
8.4 With written consent from the client. LA Design shall be permitted to use photographs of the Client’s property which demonstrate the Services provided by LA Design for its own marketing purposes.
9.1 Nothing in this Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9.2 These terms and conditions and the Contract will be subject to New Zealand law, and the New Zealand courts will have jurisdiction in respect of any dispute arising from the Contract.