Terms and Conditions

Ashburton Doors – Terms and Conditions

1. Agreement

1.1. Acceptance by Ashburton Doors (“the Supplier”) to provide the products (“Goods”) or services (“Services”) specified in a purchase order issued by the customer (“the Customer”) establishes a binding agreement (“Agreement”) and is governed by these Terms and Conditions (“Terms”).
1.2. Any purchase order (verbal or written) or instruction to proceed with procuring, manufacturing, or delivering Goods or Services signifies the Customer’s acceptance of these Terms and confirms their financial solvency.
1.3. Any alternative or additional terms from the Customer are null and void unless explicitly accepted in writing by an authorised representative of the Supplier.


2. Specifications

The Supplier commits to delivering the Goods or Services promptly and in accordance with the Agreement, including any provided specifications.


3. Pricing

3.1. The Customer agrees to pay the price (“Price”) set by the Supplier’s prevailing rates or as outlined in any written quotation provided by the Supplier.
3.2. Any increases in costs related to delivery or supply between order placement and fulfilment will be borne by the Customer.
3.3. The Supplier reserves the right to adjust quoted prices and will notify the Customer in writing of any changes.
3.4. Price quotations are based on current labour, material, and regulatory costs. Any variations in these costs will be added to the Customer’s Price.
3.5. The Supplier may charge additional fees for delays caused by the Customer, including failure to meet obligations under the Agreement.


4. Taxes and GST

4.1. Prices exclude GST unless stated otherwise. The Customer must pay applicable GST, provided the Supplier issues a tax invoice.
4.2. Adjustments to GST will result in either refunds or additional payments, depending on the recalculated taxable supply.
4.3. Any other taxes, duties, or government fees related to the Agreement will be the Customer’s responsibility. If the Supplier pays these fees, the Customer must reimburse the Supplier upon invoicing.


5. Ownership and Risk

5.1. Risk in the Goods transfers to the Customer upon delivery to the designated location.
5.2. Ownership of the Goods remains with the Supplier until full payment is received. The Supplier may reclaim unpaid Goods in accordance with applicable laws.
5.3. Until ownership transfers:
(a) The Customer must store the Goods separately and clearly identify them as the Supplier’s property.
(b) The Supplier may retrieve Goods from the Customer’s premises.
(c) The Customer must not sell or dispose of Goods without the Supplier’s written consent.
5.4. If the Customer mixes or modifies the Goods, ownership of the resulting products transfers to the Supplier to cover outstanding debts.


6. Delivery

6.1. Delivery timelines are estimates and depend on the Customer providing timely access and information.
6.2. Delivery costs are additional unless expressly included in the Price.
6.3. All shipments are Ex Works (EXW) as defined by INCOTERMS 2010 unless stated otherwise.
6.4. The Supplier is not liable for delivery delays caused by external events such as natural disasters, labour disputes, or supply chain disruptions.
6.5. Delivery dates will be extended to account for such delays.


7. Payment

7.1. Commercial customers must pay by the 20th of the month following the invoice date unless otherwise agreed in writing.
7.2. Residential customers must pay within 14 days of the invoice date.
7.3. For any job, part, or work exceeding $1,000 + GST, a 50% deposit is required before commencement.
7.4. Payments must be made in full by approved methods, including direct deposit or other agreed means.
7.5. Late payments accrue interest at 10% per annum, calculated daily.
7.6. The Customer will reimburse all collection costs, including legal fees, incurred by the Supplier due to payment default.


8. Security Interests

8.1. The Supplier may register a security interest over the Goods under the Personal Property Securities Act (PPSA).
8.2. The Customer agrees to assist with registration and maintenance of the security interest and waives rights to receive verification statements.
8.3. The Customer must not encumber the Goods with third-party interests without prior written consent from the Supplier.


9. General

9.1. These Terms override any conflicting provisions in other agreements unless explicitly agreed in writing.
9.2. If any clause in these Terms is found invalid, the remaining provisions remain enforceable.
9.3. This Agreement is governed by the laws of New Zealand.


10. Warranty

10.1. The Supplier warrants to the Customer that:

  • the Services to be performed under the Agreement will be performed with reasonable care and skill in accordance with any specifications; and
  • the Goods to be provided under the Agreement will be free from material defects and will be of the kind and quality, stipulated in the Agreement (“Warranty”).

10.2. The Warranty shall apply only to the defects appearing within six (6) months from the date of completion of the Services or provisions of the Goods by the Supplier (“Warranty Period”), following which the Customer is deemed to have accepted the Services or Goods. The conditions of any tests to Goods or Services provided by the Supplier shall be mutually agreed upon and the Supplier shall be notified of, and may be represented at, all tests that may be made.
10.3. If the Supplier breaches the Warranty, provided the Customer has given the Supplier written notice of such breach within the Warranty Period, the Supplier’s liability is limited to the remedies under clauses 10.6(a) or 10.6(b), provided that any Goods to be returned must be returned at the Customer’s cost. Where the Customer is a ‘consumer’ as defined in the Competition and Consumer Act 2010, then the Customer is also entitled to a refund provided that any repayment of the Price shall be without interest.
10.4. The liability of the Supplier under the Warranty or for any loss or damage to incurred by the Customer whether the claim is based on contract or negligence will not in any case exceed the cost of correcting defects in the Services, (including the Goods) furnished as herein provided and upon the expiration of the Warranty Period all such terminate. The foregoing shall constitute the exclusive remedy of the Customer and the exclusive liability of the Supplier.
10.5. Any condition, term, guarantee or warranty (“Mandatory Warranty”), which would otherwise be implied in the Agreement is hereby excluded to the full extent permitted by law.
10.6. Where legislation implies in the Agreement any Mandatory Warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under such Mandatory Warranty, the Mandatory Warranty is deemed to be included in the Agreement and the liability of the Supplier for any breach of such Mandatory Warranty is limited, at the absolute discretion of the Supplier, to one or more of the following:

  1. if the breach relates to the Goods:
    • the replacement of the Goods or the supply of equivalent Goods;
    • the repair of such Goods;
    • the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
    • the payment of the cost of having the Goods repaired; and
  2. if the breach relates to the Services:
    • the supplying of the Services again; or
    • the payment of the cost of having the Services supplied again.

The provisions of this clause 10 shall survive termination of the Agreement for any reason.


11. Limitation of Liability

11.1. The Supplier’s liability is limited to the Price of the Services related to the claim, including claims involving negligence.
11.2. The Supplier is not liable for:
– Loss of profits, revenue, or use of equipment.
– Special or consequential damages.
– Claims by third parties against the Customer.

11.3. The Warranty does not cover:
– Claims not reported during the Warranty Period.
– Issues caused by misuse, improper installation, or extreme conditions.
– Failures due to operating above capacity.
– Goods altered by unauthorised persons.
– Damage during shipment or repairs attempted by the Customer.

11.4. The Customer must indemnify the Supplier for:
– Loss, damage, injury, or death resulting from the Customer’s actions.
– Loss or damage to the Customer’s property, even if caused by the Supplier.
– Consequential loss due to delayed or incorrect delivery.

11.5. The Customer assumes risk and indemnifies the Supplier for:
– Loss or damage to Goods not yet fully paid for.
– Losses incurred due to the Supplier’s Services.


12. Materials Supplied by the Customer

12.1. The Customer must provide any patterns, designs, technical information, or materials required for the Supplier to perform the Services.
12.2. The Customer retains ownership of the materials and their intellectual property rights.
12.3. The Supplier can only use the materials for the Services specified under the Agreement.


13. Intellectual Property

13.1. The Supplier grants the Customer a perpetual, non-exclusive, royalty-free license to use intellectual property related to the Services. However, any new intellectual property created by the Supplier remains the Supplier’s.
13.2. The Supplier warrants that the Services do not infringe on third-party intellectual property rights and that no third-party intellectual property restricts the Customer’s use or sale of the Services.
13.3. Intellectual property includes patents, copyrights, trade secrets, and other intellectual or industrial property.


14. Termination and Cancellation

14.1. The Customer can cancel a purchase order before Services begin, but must cover any costs incurred by the Supplier, including reasonable cancellation charges.
14.2. The Supplier can suspend or terminate the Agreement if the Customer defaults on a material term and doesn’t correct it within 14 days, or if the Customer becomes insolvent.
14.3. Termination does not affect the rights accrued before termination.


15. Dispute Resolution

15.1. If there is a dispute, the parties must notify each other in writing and provide details.
15.2. Within 7 days of receiving the dispute notice, representatives from both parties will confer to resolve the issue or agree on a resolution method.
15.3. Legal proceedings can’t begin until 28 days after the dispute notice has been given, except for urgent issues like payment enforcement or injunctive relief.


16. General

16.1. The Customer must make any claims within 14 days of the event.
16.2. If any part of the agreement is unenforceable, it won’t affect the rest of the agreement.
16.3. The Supplier can change the terms of the agreement with notice to the Customer, and the revised terms apply to all Services provided.
16.4. Any waiver of compliance with the agreement must be in writing and signed by an authorised officer of the Customer.
16.5. The Agreement is governed by the laws of New Zealand, and both parties agree to submit to the courts in that jurisdiction.
16.6. Provisions of the Agreement won’t be interpreted against the drafter of those provisions.
16.7. The Customer agrees to allow the Supplier to obtain a credit report about the Customer in relation to the credit extended.
16.8. The Customer consents to the Supplier obtaining a consumer credit report for collecting overdue payments.


Terms Definitions

This section defines key terms used throughout the document:

  • – Agreement: The contract between the Supplier and the Customer.
  • – Customer: The person or entity receiving the Services.
  • – Goods: The products or materials provided by the Supplier.
  • – Loss: Any kind of loss, liability, damage, or expense.
  • – PPSA: Personal Property Securities Act 2009.
  • – Price: The amount payable for Services.
  • – Purchase Order: A document requesting Services from the Supplier.
  • – Supplier: The company providing the Goods or Services (Ashburton Doors).
  • – Services: The Services provided by the Supplier.
  • – Terms: The Supplier’s standard terms and conditions.

Please note that these terms and conditions are accurate as of 05/10/2025.