Terms & Conditions
These Terms and Conditions apply to all goods and services supplied by Urban Effects to business customers, including councils, contractors, developers, educational institutions, and commercial clients. By placing an order or engaging our services, you agree to these Terms.
These Terms are governed by New Zealand law.
Legal Framework
These Terms apply in a business-to-business context. Where goods or services are acquired for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply to the maximum extent permitted by law.
Nothing in these Terms limits any rights or obligations under the Fair Trading Act 1986 or the Privacy Act 2020.
Quotation Validity
All quotations are valid for up to 90 days from the date of issue unless otherwise advised in writing. Pricing may be subject to change after this period.
Orders, Design Approval & Pre-Production Requirements
The following is required prior to the manufacture or supply of any street and park furniture:
• A written purchase order from a duly authorised representative of the purchasing organisation and, where required, payment of a 40% deposit
• Written design acceptance
• Confirmation of finish type
Urban Effects will not commence manufacture until all required approvals, documentation and payments have been received.
An order is not accepted until Urban Effects issues written confirmation. Urban Effects reserves the right to decline any order prior to acceptance.
Pricing and Payment
All prices are in New Zealand Dollars (NZD) and exclude GST unless stated otherwise. Pricing is based on the scope and specifications confirmed at the time of approval.
All payments to Urban Effects are net seven (7) days after installation, unless otherwise agreed in writing.
Urban Effects reserves the right to require progress payments before manufacture or dispatch. Failure to make payment on time may result in delayed supply, suspension of works, or additional charges.
Ownership and Risk
Risk in the goods passes to the client upon delivery to site.
Ownership of the goods remains with Urban Effects until all amounts owing in relation to those goods have been paid in full.
Lead Times
Lead times may vary depending on manufacture, customisation, material availability and freight requirements. Indicative lead times will be provided at the time of order confirmation but are estimates only and may be subject to change.
Delivery
Delivery timeframes are indicative and subject to production schedules and logistics.
The client is responsible for ensuring safe and suitable site access and compliance with any site-specific requirements.
Urban Effects is not liable for delays arising from circumstances beyond its reasonable control, including freight disruptions, material shortages, weather events, labour shortages or third-party delays.
Installation
Where installation is included, the client is responsible for ensuring the site is fully prepared, accessible and suitable for installation.
Urban Effects assumes that information provided regarding site conditions is accurate. Additional costs or delays arising from unforeseen site conditions, underground services, restricted access, project delays, or third-party actions may be charged to the client.
Variations and Cancellations
Any variation requested after design approval may result in additional costs and revised lead times.
Orders for customised or made-to-order products cannot be cancelled once manufacture has commenced without Urban Effects’ written consent.
Where cancellation is approved, Urban Effects may recover costs incurred for work completed, materials purchased, manufacturing commitments and administration.
Warranty and Defects
Urban Effects will address defective goods in accordance with applicable New Zealand law. Remedies may include repair, replacement or credit at Urban Effects’ discretion.
The client must inspect goods upon delivery and notify Urban Effects of any visible defects, shortages or damage within seven (7) days of delivery or installation.
Any hidden defect must be notified within a reasonable period after discovery.
Warranties do not cover misuse, vandalism, unauthorised modifications, third-party installation issues, lack of maintenance, accidental damage, or normal wear and tear.
Liability
To the maximum extent permitted by law, Urban Effects’ total liability arising from any claim relating to goods or services supplied shall not exceed the amount paid by the client for the relevant goods or services.
Urban Effects is not liable for any indirect, consequential, special or economic loss, including loss of profit, loss of revenue, loss of opportunity, project delays, or business interruption.
Intellectual Property
All designs, drawings, specifications, concepts and other intellectual property created or supplied by Urban Effects remain the property of Urban Effects unless otherwise agreed in writing.
These materials may not be copied, reproduced, modified or distributed without prior written consent.
Privacy
Urban Effects handles personal information in accordance with the Privacy Act 2020 and its Privacy Policy.
Changes to Terms
Urban Effects may update these Terms from time to time. The version published on the Urban Effects website at the time of order will apply unless otherwise agreed in writing.
Governing Law
These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.