PROJECT KITCHENS -
TERMS AND CONDITIONS OF TRADE
- Acceptance of Terms
- These Terms and Conditions (“Terms”) govern the supply of all kitchen benchtops,
cabinets, handles and all associated products and services (“Products”) from Project
Kitchens Limited to you from time to time.
- By accepting a quote from us to supply Products you are deemed to have agreed that such Products
are supplied subject to these Terms.
- Terms governing pick up, delivery and installation are contained in our separate Pickup, Delivery and Installation
Terms which are available on our website (www.projectkitchens.co.nz).
Please ensure you read those terms before committing to purchase any Products as you will be
bound by them.
- Product Warranties
- Project Kitchens warrants that Products supplied will be free from manufacturing defects as
Except where the Consumer Guarantees Act 1993 applies no other warranties or guarantees are
provided. Where you are purchasing Products for business purposes, the provisions of the
Consumer Guarantees Act 1993 shall not apply.
- For kitchen cabinets and hardware in the Premier range –10 years;
- For kitchen cabinets and hardware in the Florence range - 5 years; and
- For kitchens and cabinets in the Milan range – 3 years
- Project Kitchen’s liability to you is strictly limited to the repair, replacement or
refund of defective Products covered by the above warranty. Project Kitchens has no liability
for any consequential loss or damage suffered by you. For example, but without limitation,
Project Kitchens has no liability for any heat or water damage to any part of your kitchen or
property or any costs incurred in removing the defective product from the kitchen.
- Due to the nature and manufacturing process of the product, doors and panels will always display
variation in the linear profile. This manufacturing process allows up to 3mm of variation in
every 100mm of length, and so doors and panels over 2000mm in length may display up to 6mm of
bow. To alleviate this, a minimum of 3 hinges are provided for doors over 1000mm, and 6 hinges
for doors over 2000mm in length. Panels over these lengths can be screwed in multiple locations
to alleviate any bowing.
- Notification of Defects
- When Products are either collected by you, or delivered by us to you, it is your responsibility
to check that that all items ordered are present and have not been damaged during storage or
transportation. By signing the delivery docket you are deemed to accept the Products and to the
maximum extent permitted by law we will not be liable to you for any defective Products or
- Where defects are not evident upon pick up or delivery, you must notify us of any defects in
Products you pick up from our warehouse or that are delivered to you (whether as to quantity,
size, colour or quality) within 5 working days of pick up or delivery by calling your local
Project Kitchens store or emailing firstname.lastname@example.org. To the fullest extent permitted
by law we will not be liable to you in respect of any defective products where notification is
not provided within 5 working days, even if you do not open the boxes until a later time.
- Warranty Claims
- Where a Product is covered under warranty you must return the faulty item to our warehouse
located in Auckland.
- We are entitled to satisfy our warranty obligations by (at our discretion) repairing, replacing
or refunding the defective Product, provided that we shall have no obligation to remedy any
damage or defects caused by:
- Any wilful act or negligence of the customer or any other person other than us or our
agents, employees or subcontractors;
- Faulty materials or workmanship other than materials or work supplied by us;
- Any force majeure event outside our reasonable control, including, without limitation, fire,
explosion, earthquake, subsidence, slips or other natural disaster;
- Any neglect or delay by you in giving us notice of the defect within the time frames
specified by these Terms;
- Design faults, errors or discrepancies, unless we undertook the design;
- Unintended use of the Products by you, or failure by you to maintain the warranted Products
in accordance with the stated or recommended instructions or requirements provided by us or
- At all times our maximum liability in contract, tort (including negligence), equity, statute,
regulation or otherwise for any loss or damage or injury directly or indirectly arising from the
supply of Products to you, or any other breach by us of these Terms is limited to the lesser of:
- The price (excluding GST) of the particular Product that caused the loss, damage or
- The cost of completing any necessary repairs / remedial work;
- The actual loss or damage suffered by you.
- Except as provided in clause 4(c), we are not liable for any loss, damage, liability, costs
(including legal costs), professional and other expenses of any nature whatsoever incurred or
suffered by you or another person whether direct or consequential.
- Kitchen Design
- Intellectual Property in all plans, drawings, specifications and other technical information
provided by us in connection with the Products is owned by Project Kitchens or Project Kitchens
is otherwise entitled to such Intellectual Property under licence.
- Drawings that are supplied by us to you are a visual representation of the kitchen and to assist
with your decision making. They do not represent the final measurements of the kitchen nor do we
take responsibility for the accuracy of the drawings.
- 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.
- If in doubt you should seek the advice of a kitchen installer, builder or other qualified
- It is your responsibility to check that the Products ordered and purchased are correct and
suitable for the purpose you require them for.
- All quoted prices are valid until the end of each calendar month or until stock is sold out,
whichever comes first, unless stated otherwise.
- A deposit of 50% plus GST of the total Products order, including benchtops and accessories, 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.
- Payment of a deposit or otherwise instructing Project Kitchens to proceed with an order is
treated as acceptance of the quote provided.
- We reserve the right to make any price changes to a quote, or withdraw a quote, prior to
- Deposits are non-refundable should you change your mind, or otherwise fail to complete your
- Final Stone benchtop prices are only verified after the template/ site visit has been done.
Additional charges may apply for difficult access/ installs or
travel costs. You agree to pay these charges.
- If a pre-purchase/pre-deposit stone template/ site visit has been carried out and you choose not
to go ahead with the benchtop, a template/ measure
fee will be charged. This is $150 plus GST for areas within the Auckland Metro boundaries (See
Delivery and Installation Terms ) and $300
plus GST for other areas outside of this.
- Custom laminate and stone benchtops, handles, sinks and taps are quoted according to the sizes
provided to us by the customer. Should there be any
changes, it is the responsibility of the customer to advise us of the changes. No item can be
ordered without a customer’s sign-off via a written signature
- Cabinets are flat-packed unless otherwise stated.
- Instructions and Modifications to Order
- 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
- If you want to make changes prior to delivery or pick up of Products, additional processing fees
may be charged. Payment will be required before processing of the new order.
- Payment Terms
- 100% payment is required before cabinets, benchtops and/or accessories can be provided, this
includes items requiring full payment before
manufacture in New Zealand.
- Non-stocked items will have a lead time indicated on the invoice provided. This lead time is
dependent on the full payment of the order. Dates on orders
with non-stocked items that have not been fully paid are indicative only.
- These lead times may alter depending on factory work-loads, staff illness, material availability
etc. You will be advised in advance of any delays but no
consequential claims will be accepted for any reasonable delay in quoted lead-time.
- 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).
- If you are paying by internet banking (or pre-approved cheque) you will need to allow sufficient
time for the funds to be cleared before your order is
accepted and processed.
- Project Kitchens reserves the right to refuse payment made in cash.
- Ownership of goods will transfer to the client once final payment has been received. Until such
time Project Kitchens has a security interest in all
Products ordered (as defined in the PPSR).
- Credit card payments, and cash payments may incur a surcharge due to bank fees. If a refund is
granted, any surcharges that were paid on the order are
- Pick Up, Delivery and Installation
- Terms governing pick up, delivery and installation are contained in our separate Pickup, Delivery
and Installation Terms which are available on our website.
- While Project Kitchens will use reasonable endeavours to meet agreed pick up or delivery
timeframes, Project Kitchens shall not be liable for any delays
- Project Kitchens does not offer any installation services and shall have no liability whatsoever
for any loss or damage resulting from installation of the
- The invoice or order number must be presented for pick up. Upon receiving an order, it is the
customer’s responsibility to check and make sure the
correct cabinets have been given and that the boxes are sealed with no damage BEFORE signing the
- By signing the docket, the customer acknowledges that goods conform to the requirements of the
purchase order. Goods are then considered
“accepted” and do not have a quality issue.
- Warehouse pick up orders are loaded by the customer themselves into their vehicle to avoid any
disputes of damage. It is at the warehouse teams
discretion to assist with loading.
- Use of Information
- You agree that we may obtain information about you from you or another person in the course of
our business, including, without limitation, your name, address, phone number, email address and
credit information. You consent to us obtaining and holding such information.
- You agree that we may use information we have about you for the purpose of supplying you with
products and services and for the purpose of assessing your creditworthiness and for debt
collection purposes. Under the Privacy Act 1993, where you are an individual, you have the right
of access to and correction of, your personal information.
- You may not assign or transfer your rights or obligations under these Terms without our prior
- 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.
- We may vary these Terms from time to time. Amendments shall be effective immediately upon the
amended terms being placed on our website.
- 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.
- 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 these Terms:
- “we”, “us”, “our” and “Project Kitchens”
refer to Project Kitchens Limited and “you” and “customer” refer to
the purchaser of the Products.
- “GST” means goods and services tax chargeable in accordance with the Goods and
Services Tax Act 1985.
- Intellectual Property” means all intellectual property rights (including, without
limitation, copyright, patent and design rights, drawings, documents, data, ideas procedures
- “PPSR” means the Personal Property Securities Act 1999.
- References to a party include that party’s successors, personal representatives,
executors, administrators and permitted assigns.