Terms & Conditions

Prices
The Recommended Retail price shown is indicative of the current retail price in New Zealand only. The price you pay is Forest Furniture Factory Direct price at any given time. Forest Furniture 2013 Ltd Trading as Forest Furniture reserves the right to change prices without any prior notice.

Payment Terms
A deposit of 50% of the total price is required with confirmation of order. A final payment of 50% will be required prior to your furniture leaving our factory. We can process for you over the phone, internet or on line banking via direct credit, or VISA. At our factory we accept Visa or Master card, Eftpos or cash! Factory hours are 8:00 am to 3.00 pm. Monday-Friday excluding public holidays

Colours
Reproduction of colours is as accurate as photographic processes allow, but please note that actual colours may vary slightly from what is displayed on your monitor.

Copyright
This web site and its contents are the property of Forest Furniture 2013 Limited and are subject to copyright. The contents of our web site and the web site as a whole are intended solely for your personal, non-commercial use. Any use of our web site and its content for purposes other than personal and non-commercial use, or any use of the trade marks displayed on the web site, is prohibited without the prior written permission of Forest Furniture 2013 Limited 740 Te Rapa Rd Hamilton

Disclaimer
You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. Forest Furniture 2013 Limited makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Forest Furniture 2013 Limited, its directors, officers, employees, agents, contractors, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this web site and any other site linked to this web site.

General
This web site may be accessed in New Zealand and throughout the world. Forest Furniture 2013 Limited makes no offer in or by this web site to sell any product or service in any country outside New Zealand and no representations that the content of this web site complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of New Zealand.

Products, Availability & Assembly
Due to popularity or interruption of supply some items may be unavailable or out of stock. While we aim to ensure that information on this website is correct, sometimes errors do occur for which we apologize. Some items may require simple self assembly, which will be outlined in an assembly instruction sheet you will receive with your furniture. It may also be necessary to make changes to product specifications. We reserve the right to make these changes at any time and without notice.

Title
The Manufacturer and Customer agree that ownership of the Goods shall not pass until:
the Customer has paid the Manufacturer all amounts owing for the particular Goods; and
the Customer has met all other obligations due by the Customer to the Manufacturer in respect of all contracts between the Manufacturer and the Customer.
Receipt by the Manufacturer of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then the Manufacturer’s ownership or rights in respect of the Goods shall continue.
It is further agreed that:
where practicable the Goods shall be kept separate and identifiable until the Manufacturer shall have received payment and all other obligations of the Customer are met; and
Until such time as ownership of the Goods shall pass from the Manufacturer to the Customer the Manufacturer may give notice in writing to the Customer to return the Goods or any of them to the Manufacturer. Upon such notice being given the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
the Customer is only a bailee of the Goods and until such time as the Manufacturer has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for the Manufacturer; and
until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Manufacturer will be the owner of the end products; and
if the Customer fails to return the Goods to the Manufacturer then the Manufacturer or the Manufacturer’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated as the invitee of the Customer and take possession of the Goods, and the Manufacturer will not be liable for any reasonable loss or damage suffered as a result of any action by the Manufacturer under this clause.

Defects
The Customer shall inspect the Goods on delivery and shall within two (2) days of delivery (time being of the essence) notify the Manufacturer of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Manufacturer an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Manufacturer has agreed in writing that the Customer is entitled to reject, the Manufacturer’s liability is limited to either (at the Manufacturer’s discretion) replacing the Goods or repairing the Goods.

Returns
Returns will only be accepted provided that:
the Customer has complied with the provisions of the above clause and
the Manufacturer has agreed in writing to accept the return of the Goods; and
the Manufacturer will not be liable for Goods which have not been stored or used in a proper manner; and 
the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
The Manufacturer will not accept the return of Goods for credit. A 10% restocking surcharge applies on any returns.

Security and Charge
Despite anything to the contrary contained herein or any other rights which the Manufacturer may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Manufacturer or the Manufacturer’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Manufacturer (or the Manufacturer’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Manufacturer elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Manufacturer from and against all the Manufacturer’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Manufacturer or the Manufacturer’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 14.1.

Cancellation
The Manufacturer may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Manufacturer shall repay to the Customer any sums paid in respect of the Price. The Manufacturer shall not be liable for any loss or damage whatever arising from such cancellation.
In the event that the Customer cancels delivery of the Goods the Customer shall be liable for any loss incurred by the Manufacturer (including, but not limited to, any loss of profits) up to the time of cancellation.

General
1.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
1.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
1.3 The Manufacturer shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Manufacturer of these terms and conditions.
1.4 In the event of any breach of this contract by the Manufacturer the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
1.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Manufacturer.
1.6 The Manufacturer may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
1.7 The Manufacturer reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Manufacturer notifies the Customer of such change.
1.8 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
1.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
1.10 The failure by the Manufacturer to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Manufacturer’s right to subsequently enforce that provision.

Terms and Conditions

1. NO CHANGES are to be made to existing furniture orders unless received in writing either by a signed letter or email.

2. Any components larger than 40mm square will contain joints to the required stock size.

3. All drawers have an approximate 2mm gap to allow for natural summer and winter movement in the timber.

4. Any finishing done to match existing furniture will be as close as possible to the existing item, but a perfect match is not guaranteed.

5. Production times are approximate and can vary, more or less, at times due to circumstances beyond our control. Forest Furniture will endeavor to have furniture ready within the estimated manufacturing time but cannot guarantee this (for example: polishing of furniture cannot be done when it is raining as polish spoils).

6. All furniture must be paid for in full prior to it leaving the premises.

7. If overdue accounts are forwarded to a debt collection agency for collection Forest Furniture advises that all expenses incurred to recover the debt will be added to the overdue account and therefore become payable by the customer.

8. All sizes quoted are maximum dimensions of the full unit and include top overhangs etc. unless otherwise stated on the job sheet.

9. Delivery is paid for by the purchaser unless otherwise arranged in writing between the purchaser and Forest Furniture. It is the responsibility of the purchaser to ensure the goods signed for are received in good condition.

10. Once the purchaser is contacted in relation to completion of the furniture ordered, two weeks is allowed to have the order delivered or picked up. After this time storage costs will be charged to the purchaser at the discretion of Forest Furniture.

14. You will be asked to view your furniture’s quality prior to delivery. Should you not ask the assistant to turn or move the furniture at the time into a better space or light, you have therefore deemed to be happy with the viewing. It is your responsibility at the time to let us know, not ours.

15. If the purchaser chooses not to view their furniture before delivery to their premises they are deemed to have accepted the quality of the goods. Any furniture delivery costs relating to quality issues after initial receipt of goods will be the responsibility of the purchaser.

16. Forest Furniture is not responsible for delivery to your house but will arrange an outside Carrier for you if required. A delivery is deemed from our premises to your premises. It does not include getting the furniture into difficult places e.g. stairs, balconies or over fences etc.

17. If the purchaser chooses to pick up their own furniture it is their responsibility to check the quality is acceptable prior to uplifting the goods.

18. Any Warranty Claims are Back to Base. Forest Furniture will not accept any pick up costs, relating to quality, once the furniture has left Forest Furniture premises.

19. DO NOT place furniture by any direct heat source including strong sunlight or in very damp rooms.

20. Depending on the surface on which you are placing your furniture, it is recommended tall narrow cabinets be screwed to the wall at the top to stop them leaning forward – i.e. on carpet. Polished cleats and screws are available free of charge at our retail outlets if you decide to do this.

21. We use a standard grade of leather from real cattle that has natural imperfections in its appearance such as minor scratches, scrapes and scuffs. These are all acceptable on good quality furniture. Premium grades of leather are available through Forest Furniture if requested, but due to the much higher cost, and choice with purchases.

22. Orders in fabric can vary batch to batch between samples supplied. We cannot take responsibility between variations in batches.

23. Furniture Care. Do not use any silicone based or solvent based cleaners or polishes, only use warm soapy water on the surfaces and wipe clean.

24. By providing Forest Furniture with your email address, you are then agreeing to us sending you promotional material via that email, unless you inform us otherwise.

25. Badges are part of the Forest Furniture collection of furniture. If you wish not to have them it is your (the customers) responsibility to make sure it is clearly stated on both the Forest Furniture Copy and your copy of the order at the time of signing these conditions. We will charge you for removing them later, should you decide you don’t want them.

26. Any furniture not brought directly off our showroom floors that needs to be made for you, will be made to a similar quality to the showroom average. Our showroom furniture has small black marks, swirls and dark and light grains in the natural timbers, colour changes board to board, and by ordering this furniture you are ordering and therefore accepting just that. Do Not order furniture from us if the above conditions described above seem unreasonable to you. It is understood this character adds to the charm of your furniture.

27. Any timber changes requested by customers after manufacture will be done at their cost, not Forest Furniture’s.

28. As per the Consumer Guarantees Act 1993 your deposit will be used by Forest Furniture to recover any costs associated with making the order should for any reason you change your mind on the furniture at the end of the manufacture, thus leaving us with it to sell on.

29. While we endeavour to finish all of our furniture in each colour to a similar shade, the finished colour will vary slightly from piece to piece, due to the natural variations in the colouring and grain of the raw timber.

30. If, after viewing your furniture, and providing that the furniture falls within our normal range of colour variation, you are dissatisfied with the finished shade, we are happy to refinish it to a lighter or darker shade at your expense.
31. We reserve the right to correct any errors or misprints.

Mark Irwin
Forest Furniture 2013 Ltd