ECC Lighting and Living Limited makes no warranties or representations about the accuracy or completeness of this site content, or of the content of any site that is linked to this site. Neither ECC Lighting and Living Limited nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of any content of this site, or the content of any site linked to this site.
Except for any personally identifiable information we may collect from you, any communication or material you post or transmit to ECC Lighting and Living Limited over the Internet is, and will be treated as, non-confidential and non-proprietary. By posting or transmitting any communication or material to this site, you agree that ECC Lighting and Living Limited or any of its affiliates may use your communication or material for any purpose, including reproduction, transmission, publication, broadcast and posting. Furthermore, do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law.
All names, logos and marks appearing on this site, unless otherwise noted, are trademarks owned or used under license by ECC Lighting and Living Limited or its affiliates. The use or misuse of these trademarks or any other content on this site is strictly prohibited.
By using this website, you signify your acceptance of our Terms and Conditions of Use. If you do not agree with any of these terms, please do not use this site or submit any personal information.
ECC Terms and Conditions of Sale
ECC Lighting & Living Limited (We) agrees to supply and you agree to buy the goods stated on our invoice on these terms, unless we agree in writing to different terms.
- The price of goods:
- is the price listed on our invoice
- includes GST
- does not include local delivery/freight or installation, if required. These will be payable by you in addition to the price.
- You agree to pay
- A deposit, of 50%, when you order the goods
- For Cash customers: The balance of the price and any charges as described in 1c above, within 14 days of the goods being available for delivery.
- For Account Customers: The balance of the price and any charges as described in 1 c above, on the 20th of the month following date of invoice.
- If the remainder of the price is not paid within the 14 or accounting day period specified, your deposit will be forfeited without prejudice to any other rights or remedies we have may have against you, including our right to cancel this contract. Note that we reserve the right not to deliver the goods until the price and all charges are paid in full.
- Goods provided for your approval (i.e. “on appro”) , must be returned to us undamaged, in their original condition and in their original packaging within 7 days, otherwise you agree to purchase them.
- The goods are at your risk as soon as you have collected them, or if we are arranging delivery, as soon as they have been delivered to you. We remain the owner of the goods until you have paid us the price and all charges owing for the goods. While we own the goods, if you hold them:
- You must not sell or dispose of the goods. If you do sell or dispose of the goods you will keep enough of the sale proceeds to pay us for the goods in a separate bank account in trust for us and pay the balance owing straight away.
- You license us to enter any of your premises using normal business hours to repossess the goods. We may repossess the goods even if they are fixed to the premises. You cannot revoke this license.
- If we repossess the goods we may sell them and apply the proceeds towards the amount you owe us, including all costs we incur in repossessing the goods.
- The fact that we own the goods will not affect our right to sue for the price and charges you did not pay us on time. We have no obligation to accept goods which you return to us instead of paying for them.
- We have no obligation to limit any loss we might suffer if you do not pay us on time. To give effect to these rights you grant to us a security interest in the goods and the proceeds thereof as security for the balance of the price and charges owing to us in respect of the goods and you waive your right to receive a verification copy of the registration of any financing statement and agree that nothing in sections 114(1)(a), 133 and 134 of the Personal Property and Security Act (PPSA) shall apply to this Contract, or the security under this Contract, and you waive your rights under sections 120(2), 121, 125, 129, 131 and 132 of the PPSA.
- We will use our reasonable endeavours to deliver the goods to you on the delivery date stated on the invoice. However:
- We will be entitled to deliver the goods at a later date without being liable to you in any way if the delay in delivery is due to circumstances beyond our control.
- If the goods are unavailable to us, we may cancel this order without incurring liability to you. If we do so, we will refund any deposit you paid in full.
- You acknowledge that we may spend some or all of the deposit on importation of the goods and associated costs. You may only cancel the order with our agreement. If we do agree, we are entitled to deduct all costs as we have incurred from the deposit. Any credit available after such deductions shall be paid to you.
- Any quotes are valid for 30 days.
- Materials and Finishes. Colours of fabric batches may vary from the sample swatch. Stone and timber grains may vary to the sample or picture viewed.
- If the goods are being supplied for commercial use, we agree that the Consumer Guarantees Act 1993 shall not apply. Subject to that Act, we warrant that the Goods will meet all warranties expressly provided in writing by us to you in respect of the goods. If any goods fail to meet any such warranty, our liability for such failure shall be limited, at our discretion to either:
- refunding the purchase price for the goods to you; or
- repairing or replacing those goods.
- No responsibility will be accepted for any defective Goods or any under supply of Goods, unless we receive reasonable notice of that defect or under supply within 7 days of delivery.
- ECC’s credit policy is that credits are to be taken as in‐store credits, with the ability to purchase alternative ECC products.
- These conditions shall be interpreted under New Zealand laws. We both agree to submit to the non‐exclusive jurisdiction of the New Zealand courts