1.0       Definitions

1.1           In these Terms and Conditions:

‘Customer’ means the party contracting with FAJD by accepting this estimate/quote.

‘Delivery’ means the delivery of Goods supplied by FAJD to the Customer and includes completion of all Services and Works by FAJD.

‘FAJD’ means Anna Frances Seelye trading as Frances Adrian Jewellery Design.

‘Goods’ means any Goods sold by FAJD to the customer or products of the Customer worked on by FAJD, pursuant to this estimate/quote.

‘Goods and Services’ means all Goods supplied and Services provided by FAJD to the Customer.

‘Services’ means the services provided by FAJD to the Customer in completing the Works;

‘Terms and Conditions’ means these terms and conditions of trade.

‘Works’ means the specific work to be undertaken by FAJD as set out in the “Description of Works” in the estimate / quote.

1.2         Headings are used as a matter of convenience only. They are not to be considered in the interpretation of these Terms and Conditions.

2.0      General Terms

2.1          All estimates/quotes are given and all orders are accepted on these Terms and Conditions. These Terms and Conditions constitute the full and complete statement of the terms of the contract between the Customer and FAJD.

2.2         No variation of these Terms and Conditions will be allowed unless in writing and signed by an authorised signatory of FAJD.

2.3         If any Clause or part of a clause of this agreement is held to be invalid or unenforceable it will be deemed to be severed and the remaining provisions shall remain in full force and effect.

2.4         These Terms and Conditions will be governed by the laws of New Zealand.

2.5         If the Customer is not a natural person(s), the person(s) signing this contract (jointly and severally) guarantee to FAJD the payment of all amounts that become due to FAJD by the Customer pursuant to this estimate/quote, and any subsequent orders placed without an estimate/quote being completed.

3.0      Estimate/quotes

3.1          This estimate/quote will be deemed to be accepted when the customer instructs FAJD to proceed with          the work. 

3.2         This estimate/quote may only be accepted by the Customer within 10 days from the date the Estimate/quote was given. If not accepted within this time, the Estimate/quote will lapse. Any orders placed for the work after 10 days from the date of the estimate/quote will be deemed a new instruction. FAJD will not be bound to this estimate/quote if undertaking the work.

3.3         The final price may be increased if the customer varies any instructions from those set out in the estimate/quote, or if the costs of any products used for the Works increase between the date of the estimate/quote and the date of completion. The final price may also be increased from the estimate if difficulties are encountered or if further time and/or costs are required.

3.4        This estimate/quote may be withdrawn by FAJD at any time prior to acceptance by the Customer.

4.0      Payment

4.1         The Customer will pay the deposit amount stated in this estimate/quote, or where an amount is not stated, 50% of the estimate/quote value. Payment shall be made upon acceptance of this estimate/quote. FAJD is not required to commence work until the deposit is paid. If payment is not made within 10 working days of acceptance of the estimate/quote, FAJD may cancel this contract. 

4.2         The Customer will pay the remaining amount of the estimate/quote price within 5 working days of being invoiced by FAJD. 

4.3         The Customer acknowledges that ownership of all Goods supplied by FAJD will not pass to the Customer until payment is made in full, including any penalty interest or other sums that have become owing by the Customer. FAJD may retain possession of all Goods until such payment has been made.

4.4        If the Customer does not pay any sum by the date it is due, without prejudice to FAJD’s other remedies, FAJD may charge the Customer interest on the unpaid overdue balance at a rate of 3% per month or part month compounding monthly. If the Customer does not pay the overdue balance and any interest due within 60 days of being invoiced, ownership of any objects provided by the Customer will pass to FAJD and FAJD may sell the Goods to a third party.

4.5         The Customer may not deduct or withhold any amount due to FAJD. If the Customer has any dispute with FAJD’s Goods and Services, the Customer will pay the full amount due and raise any issues separately.

5.0      Risk

5.1          The risk in the Goods shall pass to the Customer from the time of delivery of the Goods to the Customer.

5.2         When FAJD is in possession of any objects provided by the Customer to be worked on by FAJD, FAJD will use best endeavours to keep the objects safe. FAJD will not be held liable for any loss or damage of such objects when caused in full or in part by factors out of the control of FAJD.

6.0      Delivery

6.1          All completion dates notified by FAJD are estimates only. FAJD will not be liable to the Customer for any delays in completion of work on any Goods and Services caused in full or in part by factors out of the control of FAJD. The customer will not be entitled to cancel the contract or claim any sum as damages/compensation if the estimated delivery/completion dates are not met.

6.2         The Customer may inspect the Goods provided immediately upon delivery and raise any issues within 24 hours of delivery. If a Customer or the Customer’s agent signs a clean receipt for the Goods when taking delivery or upon inspection following completion of the Works and the Goods are later found to be damaged or not as requested, FAJD will be released from all liability for any loss or liability resulting from these Goods and Services.

7.0      Cost of Enforcement

7.1          The Customer will be liable for, and will indemnify FAJD for, all costs incurred by FAJD in enforcing FAJD’s rights under this contract (including, but not limited to, FAJD’s solicitors costs on a solicitor own client basis).

7.2         Any costs incurred or losses suffered by FAJD in Clause 7.1 of these Terms and Conditions of Trade will be payable by the Customer upon demand.

8.0      Consumer Guarantees Act

8.1          If the Customer is acquiring or holding itself out as acquiring the Goods and Services for a business purpose, the Consumer Guarantees Act 1993 and the Sale of Goods Act 1908 will not apply to the fullest extent permitted by law.

9.0      Product Warranties

9.1          Except as expressly provided for in these Terms and Conditions of Trade, FAJD gives no further warranties in relation to the Goods and Services to the fullest extent possible.

10.0     Liability of FAJD

10.1        In the event any Goods supplied by FAJD are found to be defective or any Services provided by FAJD are found to have not been carried out correctly, the maximum liability of FAJD whether in contract or tort will be the lesser of:

              (a)         The cost of remedying the defective Goods and Services; or

              (b)         The estimate/quote price.

10.2       FAJD will not be liable for any damage or consequential loss that arises to the Customer or any other party as a result of FAJD’s breach of this contract or any negligence.

10.3       FAJD will not be liable for delay or failure to perform its obligations arising from any act of God or if the cause of the delay or failure is beyond FAJD’s control.

11.0      Ownership of Design / Intellectual Property

11.1         FAJD retains ownership of the design and all intellectual property created producing the goods and providing the services, even though the works have been commissioned by the Customer.

12.0     Credit

12.1        FAJD reserves the right to withdraw any credit that has been given at any time. If FAJD withdraws any credit that has been given, FAJD may suspend performance of its obligations until it has received payment in advance for any estimate/quoted work or subsequent orders placed by the Customer.

13.0     Further Orders

13.1        If further orders are placed by the Customer and accepted by FAJD without the completion of a separate estimate/quote form, the orders will be deemed to have been placed on these Terms and Conditions.

14.0       Use of Information

14.1        The Customer authorises FAJD to collect, retain, use and disclose to any party any information about the Customer for the purpose of assessing the Customer’s credit worthiness or enforcing FAJD’s rights under this contract.