Warranty
Congratulations on the purchase of your new cast iron and enamel bath.
Clawfoot baths are imported into New Zealand by Clawfoot Baths NZ Ltd.
Your new Clawfoot bath is backed by a 5-year warranty against defects. If you are a homeowner,
then you may have other rights under the law, unless you have acquired the bath for the purposes
of a business, such as a hotel or bed and breakfast bathroom.
In the unlikely event a warranty issue occurs, Clawfoot Baths NZ are happy to rectify the problem or,
if the problem can’t be fixed, provide a replacement bath or, whichever we consider appropriate.
You must tell us as soon as you notice the problem.
Take care of your bath! It may be cast iron, but its enamel can chip or stain if you don’t follow the
care instructions! Problems like that are not covered by the warranty.
The warranty does not cover defects caused as a result of incorrect installation (unless we arranged
the installation), misuse by the buyer or any other person (including scratches or chips), adverse
water quality or the buyer failing to follow instructions on the document we provide – Caring for
your Clawfoot Bath)
The warranty also does not cover normal and expected wear and tear of everyday household use
over time or where the bath is used in a commercial situation such as a Bed and Breakfast, hotel or
motel.
Please contact us on [contact details] if you have a problem that may be a warranty issue. We may
need to inspect the bath,
Please note: Except where required by law, consequential damage or loss caused by due to the
deinstallation of bath and reinstallation costs are not covered by the above warranty.
All our bath are a hand crafted. Variations are to be expected and are to be treasured for their individuality
A 25% restocking fee applies to all returns as a result of a change of mind by the purchaser or purchasing agent .The purchaser must also pay for freight both ways if delivery has taken place and it must be in original condition and original packaging or no refund is offered
All indent purchases are non refundable
Hudson Reed tapware is covered by a two-year warranty
Terms and Conditions
The terms of trade set out below govern all of the supplies of Products from Clawfoot
Baths NZ Limited (“Clawfoot Baths”, “we”, “us”) to the trader who resupplies our
products to end-users (“you”). They are effective from 1 September 2021.Your
acceptance of any Products from Clawfoot Baths indicates your continuing acceptance
of these terms of trade.
1. General
1.1. In these conditions, “Supplier” means Clawfoot Baths’s suppliers; “Products”
means baths and bathroom products of any kind (together with accessories)
which are supplied by Clawfoot Baths to you primarily for resupply by you;
“Installer” means any person who carries out installation of Products, and
includes you if you are supplying installation services in association with
Products, whether or not you have supplied the Products.
1.2. These terms will replace all earlier Clawfoot Baths terms of trade and any
conditions contained in any document used by you and purporting to have
contractual effect.
2. Price and Orders
2.1. Quoted prices are valid for 30 days from date of issue. Prices may be increased
by the amount of any increase in our cost which is beyond our reasonable control
between the date of quotation and the date of supply. You must pay us before
delivery.
2.2. You must pay all delivery costs, applicable taxes and duties.
2.3. Clawfoot Baths reserves the right to refuse to accept any order or any part of an
order, and to deliver goods by instalments, in which case each instalment will
comprise a separate contract and shall be paid for as if it were a separate order.
3. Risk and delivery
3.1. You are responsible for insurance and risk in the Products from the earlier of the
time they are received by a carrier for delivery to you or the time they are
collected by you or your agent.
3.2. If goods appear to be damaged or missing on delivery, you must contact the
carrier and Clawfoot Baths immediately and supply to the carrier and to Clawfoot
Baths a copy of the proof of delivery with the loss or damage described on it. All
claims for shortage or damage during delivery must be confirmed in writing to
Clawfoot Baths within 5 days of the date of delivery. Damaged goods must be
made available for inspection by the carrier.
Clawfoot Baths terms of trade
3.3. We will make every effort to ensure delivery of Products, or performance of
services, is on time, but will not be liable to you for any loss or damage arising in
any way from any delay in delivery or performance. Delay in delivery or
performance does not entitle you to cancel any order.
3.4. Unless otherwise stated in writing, all Products will be packed separately and it is
your responsibility to assemble, configure and install them.
3.5. Where you ask us to deliver goods directly to another person in charge of a
delivery location, that person takes possession of the goods for you as your
agent, and you are still directly responsible to us under these terms of trade.
4. Payment
4.1. You must pay us by direct credit into a bank account nominated by us or by
credit card before we will supply the goods to you.
4.2. You agree to pay for the Products in full without deduction or setoff and to pay
goods and services tax and any other government duties, levies or taxes in
respect of the Products.
5. Returns
5.1. You acknowledge and agree that returns shall only be accepted by us in
accordance with our returns policy as notified to you from time to time in writing,
and that you may receive a full or partial credit for goods that have been returned
to us only if, and to the extent that, we have consented in writing.
6. Warranties
6.1. Goods are subject to the manufacturers’ warranties only. We will pass on the
benefit of those warranties to you, without being directly liable to you under any
warranty.
6.2. Any warranty may be voided by unreasonable use, damage or misuse (including
problems caused by misuse or damage after the goods have left Clawfoot Baths’
care), negligent installation or operation, inadequate packaging, cleaning or
maintenance, unauthorised repairs, modifications or the addition of accessories
or consumables not supplied by Clawfoot Baths. You will not be entitled to the
benefit of any warranty if any sum that you owe Clawfoot Baths for any reason is
overdue.
7. Obligations to suppliers
7.1. We may impose certain conditions on you from time to time where our suppliers
require us to do so.
Clawfoot Baths terms of trade
8. Limitation of liability
8.1. The provisions of the Consumer Guarantees Act 1993 (“CGA”) shall not apply to
any supply of Products to you, and the conditions, warranties and guarantees set
out in the Sale of Goods Act 1908 or otherwise implied by statute or common law
will not apply and are excluded from these terms of trade.
8.2. Clawfoot Baths’s maximum liability to you (if any) shall be limited to the value of
any faulty Products or services supplied, and none of Clawfoot Baths and its
employees, contractors and agents, and any manufacturers of the Products will
be liable to you for loss or damage of any kind however that loss or damage is
caused or arises. This exclusion of liability includes, but is not limited to, costs
(including costs of uninstalling and reinstalling or returning Products to Clawfoot
Baths or to any manufacturer), consequential loss, loss of profits, damage
caused by or arising from delays in manufacturing or delivery, faulty or delayed
installation, unreasonable use, negligence (including a failure to do something
which should have been done or to prevent something from happening), faulty
specifications and design, and faulty materials, components, manufacture,
compilation, or assembly of the Products.
8.3. We will not be liable to you for any losses caused by incorrect use of the
Products or events beyond our reasonable control. We will not be required to
settle a strike or lockout or other industrial disturbance against our wishes in
order to benefit from this clause.
9. Consumer Guarantees Act and other warranties
9.1. Where you purchase any Products from us for resupply as, or incorporation into,
goods or services ordinarily acquired for personal household or domestic use or
consumption (“Consumer Products”) you warrant that:
(a) if you supply the Consumer Products directly to an end user/consumer
you will do so using terms and conditions of supply which exclude liability
for any claims under the CGA; and
(b) if your customer acquires any Products for resupply, you will ensure that
your customer and each person in the distribution chain will exclude
liability in its contract for supply for any claims under the CGA,
but in each case only where the end user/consumer acquires Consumer
Products for business purposes. You indemnify us and our Suppliers against
any failure by you, your customers or any person in the distribution chain to
properly contract out of liability to business end users/consumers under the CGA.
9.2. You indemnify us against all costs (including legal costs on a solicitor and own
client basis) expenses, losses, damages or claims arising in any way as a result
of your failure to comply with any part of these terms of trade.
9.3. Consumers who acquire Products for their personal, domestic or household use
may other have rights under the Consumer Guarantees Act 1993.
Clawfoot Baths terms of trade
10. Intellectual property and confidentiality
10.1. All intellectual property shall remain the property of Clawfoot Baths or any of its
Suppliers entitled to it, and neither Clawfoot Baths nor its Suppliers transfer any
right, title or interest in the intellectual property to you.
10.2. You must not use any trade marks which are the property of Clawfoot Baths or
its Suppliers, or any similar words or marks, or any combination of words which
includes any of those trade marks or any similar words or marks, except to the
extent authorised by Clawfoot Baths in writing.
10.3. You agree to dispatch the Products only under the trademarks under which they
are supplied by Clawfoot Baths, and under no circumstances shall you apply any
of the trade marks to any product which is not a genuine branded product
supplied to you by Clawfoot Baths.
10.4. You must not cause or permit anything which may interfere with, damage or
endanger the trade marks or other intellectual property rights of Clawfoot Baths
or its Suppliers, or assist or allow others to do so.
10.5. You must advise Clawfoot Baths immediately when you become aware of any
unauthorised use or attempted use by any person of the trade marks or other
intellectual property rights of Clawfoot Baths or its Suppliers.
10.6. If your account with Clawfoot Baths is terminated, you must immediately
discontinue use of any of the trade marks which are the property of Clawfoot
Baths or its Suppliers in any sign, or advertising and thereafter you shall not use
those trade marks directly or indirectly in connection with your business.
10.7. You agree to ensure that all Confidential Information given by Clawfoot Baths to
you is made available to your employees only on the basis that those employees
at all times maintain strict confidentiality.
10.8. This clause 10 shall survive the termination of the Agreement.
11. General
11.1. Clawfoot Baths reserves the right to change these terms of trade from time to
time.
11.2. The Customer may not assign or purport to assign any contract with Clawfoot
Baths without the written consent of Clawfoot Baths, which consent may be given
at Clawfoot Baths’ entire discretion.
11.3. If Clawfoot Baths fails to enforce any terms or to exercise its rights under these
terms of trade at any time, Clawfoot Baths has not waived those rights.
11.4. If any provision of these terms of trade is held to be invalid or unenforceable for
any reason, the remaining provisions shall remain in full force and effect and the
Clawfoot Baths terms of trade
parties shall adjust their respective rights and obligations in accordance with the
spirit and intent of the parties as shown by these terms of trade.
11.5. This agreement is governed by the laws of New Zealand and any dispute under it
shall be subject to the exclusive jurisdiction of the Courts of New Zealand