Terms & Conditions

3. ESTIMATE / QUOTE
3.1 Estimates are based on information, drawings, and specifications supplied by the Customer. The Customer is solely responsible for their accuracy.
3.2 Estimates are valid for 90 days from the date of issue unless otherwise stated.
3.3 Variations requested after acceptance may incur additional charges.

4. PRICE AND PAYMENT
4.1 The Price shall be either:
(a) As stated on the invoice provided by the Company; or
(b) The Company’s estimate accepted by the Customer, based on specifications provided.
4.2 Unless otherwise agreed, payment is due within 7 days of invoice date.
4.3 Non-account Customers must pay a 50% deposit on acceptance of quotation, with balance due on or before installation.
4.4 The deposit is non-refundable unless otherwise agreed in writing.
4.5 Default Interest: If payment is not made by the due date, interest shall accrue on overdue amounts at 3% per month or 3% above the current Westpac base rate (whichever is higher), calculated daily (exclusive of GST), together with all recovery and legal costs on a full indemnity basis.
4.6 Payment may be made by cash, direct credit, bank cheque, or as otherwise agreed.
4.7 The Price shall be increased by GST and any applicable taxes or duties.

5. DELIVERY / INSTALLATION
5.1 If installation is included, the Customer must ensure the site is:
(a) Prepared to the Company’s satisfaction; and
(b) Safe and unobstructed, with reasonable access for personnel and equipment.
5.2 Risk passes to the Customer upon delivery or installation, whichever occurs first.
5.3 The Company shall not be liable for delays beyond its reasonable control.
5.4 Additional services (such as re-templates, access equipment, or changes) may incur extra charges.

6. ERRORS AND OMISSIONS
6.1 The Customer must inspect all Goods within 24 hours of delivery and notify the Company in writing of any alleged defects or shortages.
6.2 If no such notice is received, the Goods are deemed accepted as supplied.
6.3 The Company’s liability for defective Goods is limited to repair, replacement, or credit at its sole discretion.

7. DEFAULT AND CONSEQUENCES
7.1 If payment is overdue, the Company may suspend or cancel further supply.
7.2 All amounts become immediately due and payable if the Customer becomes insolvent or enters liquidation.
7.3 The Customer indemnifies the Company for all collection and enforcement costs.

8. TITLE AND SECURITY INTERESTS
8.1 Ownership and title to all Goods supplied by the Company remain with Stone By Design Ltd until full payment is received.
8.2 The Customer acknowledges that these Conditions create both a Purchase Money Security Interest (PMSI) and a general security interest under the Personal Property Securities Act 1999 (PPSA) in all Goods supplied (including proceeds) and all present and after-acquired property of the Customer.
8.3 The Company may register its security interests on the PPSR at any time, and the Customer agrees to provide all necessary assistance, signatures, and information to complete such registration.
8.4 The Customer waives its rights to receive PPSA verification statements and agrees that the Company’s rights are not limited by sections 114(1)(a), 133, or 134 of the PPSA.
8.5 If payment is not made in full, the Company may enter any premises where Goods are stored to repossess them without liability for trespass or damage, to the extent permitted by law.
8.6 Risk passes to the Customer on delivery, but title remains with the Company until all amounts owing (including interest and costs) are paid in full.

9. SECURITY AND CHARGE
9.1 In addition to the PPSA interests in Clause 8, the Customer and/or Guarantor grant the Company a continuing security interest over all present and after-acquired property to secure payment of all monies owed.
9.2 Where the Customer or Guarantor owns land or other registrable assets, they agree to mortgage or charge those assets in favour of the Company.
9.3 The Company may lodge a caveat or take other steps necessary to protect its interest until all debts are paid in full.

10. GUARANTEE AND INDEMNITY
10.1 Any Guarantor personally guarantees and indemnifies the Company for all obligations of the Customer.
10.2 This guarantee is continuing and remains in effect until all obligations are satisfied.
10.3 The Guarantor’s liability is joint and several and remains enforceable notwithstanding any insolvency or variation.

11. CONSTRUCTION CONTRACTS ACT
11.1 All invoices issued by Stone By Design Ltd are deemed Payment Claims under the Construction Contracts Act 2002.
11.2 Any payment schedule must be provided within the time required by that Act.

12. CANCELLATION
12.1 The Company may cancel any order prior to delivery by written notice without liability, except to refund payments for undelivered Goods.
12.2 The Customer may cancel only with the Company’s written consent and payment for all costs incurred to the date of cancellation.

13. GENERAL
13.1 These Conditions are governed by New Zealand law.
13.2 If any provision is invalid, the remainder continues in force.
13.3 No failure or delay in enforcement constitutes a waiver.
13.4 The Company may vary these Conditions by written notice.
13.5 Neither party shall be liable for delay or failure due to force majeure events.