1. Definitions:

• Company: Refers to MCM Furniture NZ Ltd.

• Customer: Refers to the individual or entity engaging the Company's services.

• Agreement: Refers to the terms outlined in this document and any additional agreements made in writing.

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2. Scope of Services

• MCM Furniture NZ Ltd agrees to provide joinery and furniture services as outlined in the Customer’s approved quotation.

• Additional services will incur extra charges, which will be communicated and agreed upon before commencement.

• Any changes or additional work requested after the quotation has been approved may be subject to extra charges.

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3. Quotations and Pricing

• All quotations are valid for 14 days unless stated otherwise.

• Prices are subject to change based on material costs, design alterations, or changes in scope.

• A deposit of 50% is required upon acceptance of the quotation before work commences. The remaining balance is due in full prior to the release of the product for delivery or installation. Delivery and installation are additional extras and will only be scheduled once the balance has been paid in full.

• Any changes to the design or product requested after installation will be treated as a new variation and will incur additional charges. These changes will require a new agreement and payment prior to the commencement of the additional work.

• Payments not made by the due date will incur an interest charge of 5% per annum above the current Reserve Bank of New Zealand (RBNZ) official cash rate, or as otherwise agreed in writing.

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4. Deposit

• All pieces are made to order and require a 50% deposit before work can commence.

• The remaining balance is due on completion of the order and will not be released until final payment has been received. Delivery and installation are additional extras and will only be scheduled once the balance has been paid in full.

• Receipt of your deposit confirms that the details on your order are correct and constitutes acceptance of MCM Furniture NZ Ltd's Terms & Conditions.

• Should an order be cancelled after work on your piece has commenced, MCM Furniture NZ Ltd reserves the right to withhold the deposit to cover the cost of materials.

• If alterations need to be made after work has commenced, additional charges will apply.

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5. Customer Responsibilities

• The Customer must provide accurate specifications and ensure the workspace is accessible and free of obstructions for the scheduled installation.

• Any changes to the initial specifications must be communicated promptly and will result in additional charges.

• The Customer is responsible for obtaining any required consents or permits for the installation and use of the product.

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6. Delivery

• Delivery is not included unless organised prior.

• Delivery can be discussed and added at any point during the process.

• Delivery costs will be outlined and agreed upon before dispatch.

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7. Installation

• Installation is not included unless stated in your order.

• MCM Furniture NZ Ltd is not permitted by law to complete any electrical or plumbing works; these must be completed by a licensed tradesman.

• The Company is happy to recommend local tradespeople if required.

• All required work must be completed prior to the installation date. Additional charges will apply if sites are not ready on arrival.

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8. Warranties and Liability

• The Company guarantees its workmanship for 2 years from the completion date.

• The Company does not cover damage caused by misuse, negligence, or external factors such as water, fire, or accidents.

• Materials used in the creation of the product may be covered by separate manufacturer warranties, which vary depending on the product and supplier.

• Timber has imperfections and various features such as knots, grain variations, or minor surface imperfections; therefore, each individual board is not flawless in look or colour. We will do our best to match timber colour and texture, but variations may occur, and exact matches cannot be guaranteed.

• The Company’s liability is limited to the value of the services provided and does not cover indirect or consequential losses.

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9. Cancellations and Refunds

• Cancellations must be made in writing.

• Deposits are non-refundable unless otherwise agreed.

• Any custom-made items already in production will be charged in full.

• Refunds will not be issued for bespoke products made to order.

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10. Delays Outside of Our Control

• We are not responsible for delays outside of our control.

• If our supply of any products is delayed by an event outside of our control, we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay.

• As bespoke products are made to order, we cannot agree to issue any refund.

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11. We May Cancel Supply of Your Products/Or Installation if You Do Not Pay

• If you do not pay us for the products when you are supposed to (refer to the Payment Terms clause) and you still do not make payment within 5 days of us reminding you that payment is due, we may cancel the supply or installation of the product.

• We will not be responsible for any delays caused by such cancellation.

• We will also charge you interest on overdue payments. See Clause 3 for payment terms.

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12. Privacy

• The Company will handle all personal data in compliance with the Privacy Act 2020 (New Zealand), which governs the collection, use, and disclosure of personal information.

• The Customer’s personal information will only be used for the purpose of providing services related to the order, and will not be shared with third parties without consent, unless required by law.

• The Customer has the right to access and correct any personal information held by the Company.

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13. Dispute Resolution

• Any disputes will be addressed through negotiation in good faith.

• If unresolved, the matter will be referred to mediation or arbitration in accordance with local laws.

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14. Governing Law

These Terms and Conditions are governed by the laws of New Zealand, including but not limited to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Any disputes will be resolved under the exclusive jurisdiction of New Zealand courts.

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15. Changes to Terms and Conditions

These Terms and Conditions are subject to change at any time, with updates posted on our website or provided directly to customers. It is the responsibility of the Customer to review the Terms and Conditions periodically for any updates.

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16. Ownership of Intellectual Property

• Unless agreed otherwise, MCM Furniture NZ Ltd will retain intellectual property rights and copyright of all designs produced by us.

• The Company reserves the right to photograph and publish pictures throughout all stages of the design process, as well as after the completed project.

• The Company retains the right to use these photos and details of the project to promote its business, including on its website, social media, and marketing materials.

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17. Product Availability

• The Company reserves the right to substitute products with similar or superior quality if the originally quoted products are unavailable or discontinued.

• In the event of product substitution, the Customer will be notified and given the option to approve the change.

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18. Force Majeure

• Neither party will be held liable for delays or failure to perform obligations due to circumstances beyond their control, including but not limited to acts of God, fire, flooding, strikes, labor shortages, government actions, pandemics, or supply chain disruptions.

• If either party is unable to perform due to a force majeure event, they must notify the other party immediately.

• Performance will be delayed for a period of time equal to the duration of the force majeure event, with no penalty.

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19. Legal Fees and Costs

• If the Customer takes legal action against MCM Furniture NZ Ltd or defends a claim brought against the Company in relation to the contract, the Customer agrees to pay any legal fees and costs incurred by MCM Furniture NZ Ltd in relation to that action.

• In the event of a claim being made against MCM Furniture NZ Ltd, and the court ruling in the Company’s favor, the Customer agrees to reimburse all costs incurred by the Company, including legal fees and any other related costs.

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20. Limitation of Liability

• In the event that the Company is found to be liable for damages or losses, the Customer agrees that the total amount of liability will be limited to the amount paid by the Customer for the specific order or service that caused the loss.

• The Company will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of the provision of goods or services, including any loss of profits, reputation, or business opportunities.

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21. Waiver of Claims

• The Customer agrees that failure to act on any breach of these Terms and Conditions will not be deemed a waiver of the Company’s rights to take action in the future.

• Any waiver of claims or rights must be in writing and agreed upon by both parties.

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22. Arbitration Clause

• If any dispute arises between the Customer and MCM Furniture NZ Ltd that cannot be resolved through negotiation, both parties agree to resolve the dispute via arbitration under the laws of New Zealand.

• The arbitration will be conducted by a neutral arbitrator agreed upon by both parties, and the decision of the arbitrator will be binding.

• The Customer agrees to bear all costs associated with the arbitration process, including the Company’s legal fees and other associated costs, should the Company prevail in the arbitration.

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23. Jurisdiction

• The Customer acknowledges that any legal actions or proceedings in connection with the Agreement or these Terms and Conditions will be governed by and construed in accordance with the laws of New Zealand.

• The Customer agrees to submit to the jurisdiction of the courts of New Zealand for the resolution of any disputes.

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24. Debt Recovery and Enforcement

• In the event of non-payment, MCM Furniture NZ Ltd reserves the right to pursue debt recovery through third-party collection agencies, and the Customer agrees to cover any associated costs, including collection agency fees, legal fees, and court costs.

• The Customer acknowledges that overdue payments will incur interest charges, and agrees to bear all costs for recovery efforts undertaken by the Company.