Plylab’s Terms and Conditions
The following general terms and conditions are applicable to all orders of cabinetry and its components, accessories, appliances (“the cabinetry”) manufactured and sourced by PlyLab Ltd. No other terms, conditions or deviations from these general terms and conditions shall be binding unless accepted in writing by an authorized representative of PlyLab.
1. Customers and third parties
1.1 Customer
Individuals are authorized to act on their own behalf or on behalf of a partnership, company, trust, incorporation or government agency.
1.2 Customer communication
All communication to be by email. Phone calls or meetings must be confirmed by email; whatever isn’t included won’t be included in the order.
1.3 Customer's Construction Company or Tradesman
If the customer is a building company or tradesman, both the individual and the building company agree to be bound by and shall be “customers” within the terms of trade.
2. Cabinetry design
PlyLab’s designer will design the cabinetry that meets the customer’s requirements. The plans and specifications produced shall remain the property of PlyLab unless and until full payment has been made in accordance with these general terms and conditions.
2.1 Design Methodology
PlyLab will design the cabinets or furniture based on the customer specifications, within the manufacturing capabilities of PlyLab.
2.2 Specification drawings
Designs will be specific to the cabinetry; water pipes, electrical switches, and other components outside the cabinetry won’t be included in the plans, and if included, they will be taken as reference only.
2.3 Accommodation of trades
The customer must be aware of the compliance standards of the appliances, electrical things, and all other code of compliance requirements, and is responsible for checking that the final submittal meets the required specifications before signing off. If specification modifications such as access holes are needed pre-manufacture to accommodate plumbing, electrical, or other trades, location measurements must be provided by the customer or customer agent. If this is indicated after final approval of the design, additional fees may occur.
2.4 Final Outcome
After installation, the outcome might differ from the planned design as a result of out of square walls or uneven floors. In these cases, the resulting position of the cabinetry, power outlet holes, or other appliances or fittings might differ.
3. Approval of design
3.1 Design Requirements
In signing the order form, the customer certifies that the items in the quotation and design are of acceptable quality.
PlyLab shall produce a formal quotation for the customer for the design and manufacture of the cabinets. The quotation will be valid for a period of 30 days.
3.2 Acceptance
The customer may accept the quotation by signing this agreement and attaching a copy of the plans and specifications. By accepting the design, the client agrees that Plylab will build the product to the attached plans and specifications, within the tolerances specified in clause 5.2.
4. Materials and components
4.1 Materials will be ordered and stocked once final design submittals have been signed.
4.2 PlyLab won’t be liable if any supply chain issues cause unexpected delays leaving cabinets waiting for parts to arrive.
5. Manufacturing:
5.1 The job will be added to the production queue when the customer has signed the floor plans and deposited a $5,000 commitment fee. If a customer delays signing or payment, this may result in losing previously agreed upon manufacturing and completion dates.
5.2 Tolerances
All designs are indicative only. Final positioning of the cabinetry, fittings, hardware, and appliances. Tolerances are within 1–4 millimetres.
6. Final Review:
6.1 Once the cabinetry is ready for the final inspection and review, the customer will be invited to visit the workshop and inspect the ordered cabinetry.
6.2 Any defects will be notified and recorded for remediation.
6.3 Once the customer is satisfied, they will sign the acceptance of the goods form.
7. Price of Cabinetry
The price of the cabinetry shall be the price stated in the latest quotation, together with all extras selected by the customer and subject to variation.
The customer has accepted the price of the ordered product(s) by signing the order.The price excludes; removal of existing cabinetry, plumbing, electrical, plastering, painting, building alterations, installation or delivery.
Prices are subject to change. If any material or hardware has been priced by our supplier, the cost will be added to the final invoice.
8. Payment Structure
Projects under $15,000: 100% upfront payment
Commitment Fee of $5,000 for Projects Over $15,000 required before starting to work on the detailed drawings.
Once drawings have been completed and signed, an updated final quote will be available.
The rest is to be paid when final designs have been signed off.
Jobs will be scheduled for production once full payment has been cleared.
8.1 Title and Security (Personal Property Securities Act 1999)
PlyLab reserves the right to stop manufacture of the cabinetry until the customer makes agreed payments.
The customer is liable to pay the invoiced amount within the times specified or the payment events listed above.
If the product(s) supplied by PlyLab are part or full fulfilment of a residential or commercial construction contract and the customer makes a variation, the adjudicating provisions of the Construction Contracts Act 2002, including the provisions relating to payment of scheduler payments and collection of these payments, shall apply.
PlyLab reserves the right to charge interest on any amount owing after the due date at the rate of 15% per month or part month. Any expenses, disbursements, and legal costs incurred by PlyLab in the enforcement of any rights contained in this contract shall be paid by the customer, including, but not limited to, any solicitor’s fees on a solicitor-client basis or debt collection agency fees.
Receipt of a cheque, bill of exchange, or other negotiable instrument does not constitute payment unless and until such negotiable instrument is fully paid.
The cabinetry supplied by PlyLab shall remain the sole and absolute property of PlyLab as the legal and equitable owner until such time as the customer makes payment in full to PlyLab of all amounts owing in respect of the cabinetry. If the customer fails to make full payment by the due date, PlyLab shall be entitled to enter into the premises where the cabinetry is being held or has been installed and retake possession of the same and hold the cabinetry until full payment is made or to resell the cabinetry to cover any deficiency on the resale. PlyLab shall not be liable for any costs, damages, expenses, or losses incurred by the customer or any third party as a result of this action, nor shall it be liable in contract, tort, or otherwise, unless such liability cannot be excluded by statute.PlyLab may either resell the repossessed cabinetry and then credit the customer’s account with the undefined proceeds of sale (after deduction of all repossession, storage, selling, and other costs).
The Customer shall, upon demand being made by PlyLab at any time but before payment in full is made to PlyLab, execute a mortgage over the property in which the cabinetry has become a fixture in favour of PlyLab (to be prepared by PlyLab solicitors at the Customer’s cost) for the amount equivalent to the unpaid balance of the purchase price plus any interest owing thereon and any additional extras ordered by the Customer. The terms of such mortgage shall be collateral to the terms hereof, and payment in full of the amounts owing to PlyLab hereunder shall operate as a full discharge of the mortgage.
PlyLab agrees not to make a demand on the customer to execute such a mortgage unless any of the following occurs:
Failure to make payment on the due date as provided hereunder.
Any composition with creditors, act of bankruptcy, winding up or receivership of the customer.
The Memorandum of Mortgage shall be the ADLS form approved by the Registrar General of Land 2007/4237, and the covenants of the said form whether executed by the Customer or not shall be deemed to be included in these terms and conditions of sale. The customer hereby authorises PlyLab to lodge and maintain a caveat against the title to the property on which the cabinetry has been delivered, fixed or installed for the protection of the agreement to mortgage described above should PlyLab, in its absolute discretion, consider it necessary to lodge such a caveat.
The Customer hereby grants to PlyLab an irrevocable power of attorney in relation to the property in which the cabinetry has been delivered or installed to enable PlyLab to execute the mortgage referred to in this clause. Hereof, should the mortgage not be executed by the Customer for any reason whatsoever, provided that PlyLab will not execute a mortgage as attorney for the Customer unless PlyLab has requested in writing that the Customer execute the mortgage pursuant to the terms of this agreement and the Customer has failed to execute such a mortgage within five working days of such request.
If the Customer fails to make full payment by the Due Date, PlyLab shall be entitled to any time thereafter to enter into the premises where the cabinetry is being held or has been installed and retake possession of the same and hold the cabinetry until full payment is made or to resell the cabinetry to cover any deficiency on the resale. PlyLab shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. PlyLab may either resell the repossessed cabinetry then credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other cost.
9. Variations
Final quotations and invoices are based on the scope of work that has been approved and signed in the Final Design Submittal process.
9.1 Variations and alterations
The specifications of the cabinetry after the final design submittals have been approved will require a signed change order to be signed and payment of a $300 fee for additional design, administration time, and re-manufacturing and/or ordering of additional materials if work has already started.
9.2 Order of Change:
Any changes or additions to an existing signed order must be documented in writing and signed by both parties, either electronically or manually.
Any variation or alteration to the cabinetry design shall be binding on the parties unless recorded in writing and signed by both parties, including any adjustment to the price.
In the event that the changes are notified after manufacturing has started, the changes will be considered a new cabinet and will be charged accordingly.
10. Cancellation
When signing the order, the customer waives the right to reject any product(s) or service(s) from PlyLab due to "a simple change of mind."At the time of signing, the full price becomes payable as a lump sum or by way of a payment schedule. In the event that the customer wishes to cancel the order, PlyLab shall keep the deposit. PlyLab shall retain ownership of the design plans and specifications in the event of cancellation.
11. Risk
The cabinetry remains at PlyLab’s risk until it leaves the workshop by pick-up by customer or delivery company, or at the time cabinetry is placed in storage. PlyLab is not responsible for the cabinetry's insurance once it has left the workshop.The burden of responsibility should rest with the customer.
12. Delivery, storage, installation
The customer must arrange delivery, storage, and installation with the customer’s service providers. This contract and quote does not include delivery, storage, or installation. We recommend working with Cameron Ryan Removals for deliveries and storage.
13. Fixtures and Fittings
Appliances, taps, sinks, and other fixtures and fittings should be ordered by the customer well in advance to ensure everything is available on time.
Based on the install data provided by the appliance manufacturer, we will do our best to ensure the cabinetry is designed for the appliances you have specified; however, we cannot guarantee fitments without appliances fitted at PlyLab’s manufacturing facility.
If customers would like appliances to be test fitted at PlyLab, they do so at their own risk. Plylab accepts no responsibility for damaged or inoperable appliances delivered to Plylab at a customer's request. Once appliances have been test fitted, it is the customer’s responsibility to arrange pick-up, packing, and delivery of appliances. If appliances are not picked up within a week of notification to the client, storage fees may apply.All fixtures and fittings are to be installed by the appropriate trades.
14. Repairs, defects and dealing with mistakes
At its sole cost, PlyLab shall rectify any defects in the materials or workmanship which are revealed at the customer product review. This is to take place the day before the product is wrapped for pick-up at Plylab’s workshop.
Third-party contractor install warranties are limited to the product and do not cover issues that may arise as a result of incorrect delivery or installation.
Plylab’s team would be available upon request to do finishing jobs around the cabinetry to complete the installation of the cabinetry when required at a rate of $1,000 per worker per day.
15. Warranty
Plylab’s craftsmanship is guaranteed for 10 years from the date of manufacturing. Any defects related to the craftsmanship will be resolved by Plylab. The hardware and electric components are covered by the supplier's warranty, and Plylab won’t cover the cost of replacing these components.
15.2 Liability & Responsibilities
PlyLab will not be responsible for damage to products that occurs during shipping, storage, or installation.
However, if the shipping or installation service damages a product, we will, for the mentioned fee in clause 14, assist in replacing the damaged product.
Other trades: project management, electrical, plumbing, gas fitting, tiling, flooring, plastering, painting, cleaning, delivering are excluded from PlyLab’s scope of responsibility.
LED strips have a 2 year warranty from the manufacturer. In the event that an LED needs to be replaced, Plylab will organize the replacement part at no cost. However, the installation of it will be charged at $100 per hour with a minimum charge of $1,000.
16. Delays
Customers must communicate any delays related to working with subcontractors as soon as they become aware of them and create alternate plans for storage of the finished products.
Change orders may cause delays in manufacturing due to ordering materials and components and/or additional administration, design, and fabrication time.
Delays can happen and will happen. We will aim to complete the manufacturing within the agreed dates.
Supply chain delays, lock downs, many issues can arise. PlyLab will inform the customer as soon as reasonably possible of any changes to the work schedule.
PlyLab won’t be responsible for any issues, losses, or costs incurred due to work delays, rescheduling, or delays.
17. Customers Own Reliance
Any information generally relating to PlyLab products contained in advertising, catalogs, price lists, illustrations, or other similar matter submitted in good faith to the customer shall be regarded only as approximate and intended to present the customer with a general guide, the accuracy of which the customer must test for itself.In particular, the customer acknowledges that colour samples for a number of the products may vary.
18. Substitution of Materials
In the event of any materials being unprocurable, PlyLab may substitute any permissible materials that are of a value and quality as near as practicable to the specified materials. Any difference in the cost of such substitute materials shall be treated as an additional charge or a deduction from the contract price.
19. Miscellaneous
PlyLab shall not be liable for late or failed performance of its obligations if the cause of the delay or failure is beyond its control.to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations PlyLab has under this contract. If any provision of this contract is found to be invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions are unaffected, prejudiced, or implied.
Any off-cut or leftover material will be trashed after the completion of the job. Plylab won’t hold or keep any materials for future use by the customer.
21. What to expect
PlyLab will manufacture the cabinetry as per agreed specifications on time.
22. What not to expect
PlyLab isn’t "in charge" of the renovation of the customer’s property. Plylab will manufacture the cabinetry as agreed in this contract.
PlyLab isn’t the Project Manager and will not oversee third party contractors' work or installations (e.g. related to gas, piping, electrical, bench top, tiling, flooring, delivering, installation or appliance installation or building and other jobs out of the scope of installing the contracted cabinetry).
23. Governing Law
The general terms and conditions shall be governed by and construed in accordance with the laws of New Zealand and the parties shall submit to the exclusive jurisdiction of the New Zealand Courts.
For the avoidance of doubt, if PlyLab is unable to complete installation of the cabinetry due to any act or omission of the customer or the customer’s contractors, the final payment shall be immediately payable.