Nick Scali (New Zealand) Limited goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 (CGA). Full details of your consumer rights may be found at www.consumerprotection.govt.nz.
WARRANTY AGAINST DEFECTS
1. Our warranties against defects and remedies under these warranties are in addition to other rights and remedies of the purchaser under the CGA. Should your product be defective, you may choose to make a claim under the CGA or the Nick Scali Warranty Against Defects.
2. Nick Scali (New Zealand) Limited warrants that:
2.1. the frame used in each Nick Scali lounge is warranted against failure due to a manufacturing defect for its lifetime.
2.2. the motor and motion components for all recliner and sofa beds are warranted against failure due to a manufacturing defect for a period of two years from purchase. The transformer is warranted for 1 year.
2.3. all other components of the goods (outside of the frame and electric and motion components) are warranted against failure due to a manufacturing defect for a period of two years from purchase.
3. to be entitled to claim under these defect warranties, the defect in the part or goods must appear within the relevant time period set out in items 2.1, 2.2 and 2.3 above.
4. To the maximum extent permitted by law, and subject to the CGA, Nick Scali (New Zealand) Limited is not liable, whether in contract, tort (including negligence), under any statute or otherwise, for or in respect of:
4.1. goods that are used for normal domestic purposes and excludes goods acquired for the purposes of a business.
4.2. normal wear and tear or accidental damage (refer to the “Caring for Your Furniture” on the back of your Sales Order or Pages 11-13 of the Lounge Booklet).
In this regard, please note that the following may occur as a result of natural and normal usage:
(a) leathers and fabrics will fade and crease;
(b) foam and fillings will soften and form the shape of the user over time;
(c) depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser’s expense;
(d) scars, marks and differing pore density and colour are natural characteristics of leather;
(e) the leather and fabric products are upholstered by hand and therefore, the size and weight of these products may have minor variations of up to 5% from the sample products or from any product specifications you have been quoted.
Please also refer to “Caring for Your Furniture” on the back of your Sales Order or Pages 11-13 of the Lounge Booklet;
4.3. damage caused by dye transfers spills such as acid, solvents, dyes or other corrosive materials, ink, paint, or bodily fluids;
4.3. damage caused by improper cleaning, negligence, treatment of the product with chemicals, exposing the product to the sun, extreme heat or bright light such as lamps, or otherwise caused by your acts and/or omissions; or
4.4. the cost of transporting the Product to and/or from the specified place of repair or replacement.
4.5. the failure of the purchaser to take reasonable steps to prevent the product from becoming of unacceptable quality and damage that occurs as a result of such abnormal use. This includes damage that occurs as a result of the failure of the purchaser to care for the product in the manner described in the section entitled “Caring for Your Furniture” in the Conditions of Sale on the back of the purchaser’s Sales order and pages 11-13 of the Lounge Booklet.
4.6. all other warranties and guarantees, whether implied by statute or otherwise, are excluded to the maximum extent permitted by law, except for any applicable guarantees under the CGA.
5. the warranty against defects is not transferable. It is limited to the original purchaser specified in the original Sales Order. The warranty against defects only applies to products that are used for normal domestic purposes and excludes products used for commercial purposes.
How to claim a warranty against defects
6. To claim under the warranties against defect, the Purchaser:
6.1. must cease using the goods immediately after the defect appears,
6.2. must notify Nick Scali within 7 days after the defect appears, and
6.3. must provide a copy of the original Sales Order.
7. To make a claim, please telephone our service department of Nick Scali (New Zealand) Ltd on 0800 642 572 and follow the prompts.
8. Once a claim has been lodged with our service department, Nick Scali will assess your claim and respond within 10 business days.
Remedies for warranty against defects
9. If a part or goods is determined by Nick Scali to have a manufacturing defect, Nick Scali will choose whether to repair or replace that part or goods.
10. Nick Scali has no liability to you under these defect warranties (other than repair or replacement of the defective part or goods).
11. To the maximum extent permitted by law, unless expressly set out in these warranties against defect, and subject to any condition, warranty or right granted or implied under the Consumer Guarantees Act 1993 (CGA) or any other law which cannot by law be excluded by agreement, Nick Scali (New Zealand) Limited has no liability to the purchaser under the warranty against defects (other than repair or replacement of the defective part or product), whether in contract, in tort (including negligence), under any statute or otherwise, for any loss or damage of any kind suffered by you or any other person in connection with the goods including, but not limited to, indirect and consequential loss.
CARING FOR YOUR FURNITURE
13. Please ensure that your furniture is used as it was intended. Do not sit on arms of lounges, do not sit or stand on table tops, and do not pivot on the back legs of chairs.
14. As with any product, prolonged exposure of furniture to direct sunlight will harm it. Direct exposure to sunlight will cause leather and fabrics to fade and may also cause excessive drying. Direct exposure to sunlight will cause timber products, particularly doors, tops and side panels to warp.
LEATHER UPHOLSTERED FURNITURE
15. Please refer to the Lounge Booklet provided to you at time of order. The most up to date version of the Lounge Booklet can also be found on the Nick Scali website. This booklet contains comprehensive details on caring and cleaning of leather and fabric lounges, natural characteristics of leather, normal wear and tear of leather and fabric lounges and other important information. The information provided in this booklet forms part of this document relating to leather and fabric lounges.
FABRIC UPHOLSTERED FURNITURE
16. If thread becomes loose on the fabric, simply cut it off. Do not pull it. Dust is best removed using your vacuum cleaner with the appropriate attachment. Avoid harsh brushing and sharp objects (rings, buckles, toys) as it will cause snagging of threads. Do not allow cats and dogs to walk on fabric upholstered furniture. As many fabrics differ in properties, it is best to follow the unique care and cleaning instructions labelled on your fabric furniture.
LACQUERED & TIMBER FINISHES
17. Natural timber and veneer finishes will show distinctive markings, patterns and colour variations which are evidence of being produced from genuine timber materials. Always use protective heat coverings to protect against hot objects. A tablecloth is not sufficient. Always use coasters when placing glasses, bottles or cups on the surface. Regularly clean surface by wiping with a non-abrasive, damp cloth.
MARBLE, TAVERTINE & MACSTONE FINISHES
18. Marble and Travertine are natural materials. Each piece is unique in markings and patterns and colour variation. Always use protective heat coverings to protect against hot objects. A tablecloth is not sufficient.
19. Always use coasters when placing glasses, bottles or cups on the surface. Any liquid spills should be wiped clean immediately. Remove dirt and dust by wiping with a warm, damp cloth.
CHROME & METAL FINISHES
20. Dust the surface regularly to avoid build-up of pollutants, which may cause the surface to rust. Only use a recognised brand of chrome polish, if necessary. Avoid contact with sharp or hard objects as this will cause scratching.
21. Use a regular glass cleaner with an appropriate soft cloth for glass. Do not apply glass cleaner to surrounding areas or the frosted side of the glass. Always use a mat to avoid hot objects being in direct contact with glass. Avoid contact with sharp or hard objects as this will cause scratching. Never lift glass tops from the ends of a table as this will put unnecessary stress on the surface and may cause it to break.
NICK SCALI PRODUCTS & AUSTRALIAN CONSUMER LAW
Nick Scali goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement, refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The guarantees under the Australian Consumer Law are in addition to any warranty against defects you are given (please refer to the Nick Scali Warranty Against Defects page for more information). Should your product be defective, you may choose to make a claim under Australian Consumer Law or the Nick Scali Warranty Against Defects.
Summary of Australian Statutory consumer guarantees
1. The Australian Consumer Law applies the following consumer guarantees to all goods you purchase from Nick Scali:
1.1. The goods will be of acceptable quality;
1.2. The goods will be fit for a particular purpose;
1.3. The goods will match their description;
1.4. The goods will match the sample or demonstration model;
1.5. Any express warranties provided by Nick Scali are satisfied;
1.6. You have title to the goods;
1.7. You have undisturbed possession of the goods;
1.8. There are no undisclosed securities on the goods;
1.9. Spare parts and repair facilities will be available for a reasonable time after purchase (unless you were advised otherwise at time of purchase).
CONSUMER GUARANTEE REMEDIES
2. If you have a "minor problem" with a Nick Scali product, Nick Scali can, at its cost, choose to repair the product instead of replacing it or refunding you.
3. If you have a "major problem" with a Nick Scali product, you have the right to choose whether to reject the goods (and either choose a refund or a replacement) or to ask for compensation for the drop in value below the price you paid.
4. For goods, there is a “major failure” to comply with a consumer guarantee when:
4.1. you would not have purchased the product if you had known about the problem; or
4.2. the product is significantly different from the description, sample or demonstration model you were shown; or
4.3. the product is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time; or
4.4. the product is substantially unfit for the purpose you told the supplier about, and cannot easily be made fit within a reasonable time; or
4.5. the product is unsafe.
5. If there is a “major failure” of a Nick Scali product, you can choose to:
5.1. return the goods to us and ask for a refund;
5.2. return the goods to us and ask for a replacement; or
5.3. keep the goods and ask us for compensation for the difference in value from either the supplier or the manufacturer.
6. A "minor failure" is something that is not a "major failure". It can be fixed in a reasonable period of time.
7. If your Nick Scali product is subject to a "minor failure", Nick Scali can choose to:
7.1. repair the Nick Scali product at no cost to you;
7.2. replace the Nick Scali product, against at no cost to you; or
7.3. refund you.
8. If Nick Scali fails to give you a free repair within a reasonable time or cannot fix your problem, you can:
8.1. get it done elsewhere and pass on the cost to Nick Scali
8.2. ask for a replacement
8.3. ask for a refund
8.4. recover compensation from Nick Scali for the drop in value below the price you paid.
RESPONSIBILITY FOR RETURNING NICK SCALI GOODS
9. You are responsible for returning the goods to Nick Scali at your expense in the circumstances which you have picked up the goods or agreed upon by you or a Nick Scali representative.
10. However, if the item is faulty and/or the cost to return, remove or transport the goods will be significant to you and you have paid any delivery/service expenses in full, then Nick Scali must arrange for the goods to be collected from you, within a reasonable time and at the expense of Nick Scali.
EXCEPTIONS TO GUARANTEES
11. Consumer guarantees do not apply if you:
11.1. received what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
11.2. misused a product in any way that caused the problem; or
11.3. knew of, or were made aware of, the faults before you bought the product.
For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerprotection.govt.nz