Full Terms and Conditions
By accepting a quotation or estimate, paying a deposit, accepting an invoice, instructing us to commence work, or providing goods for repair or upholstery, you ("the Customer") agree to these Terms & Conditions.
ESTIMATE/ QUOTE/ INVOICE Terms (Summary)
- This is not an insurance quote or valuation.
- Quotes are valid for 30 days unless otherwise stated.
- A 50% deposit is generally required before work commences unless waived by Luxxis Upholstery Ltd.
- The balance is due on completion and no later than 14 days from the invoice date unless otherwise agreed.
- Completed items remain in the possession of Luxxis Upholstery Ltd and will not be released, collected, or delivered until payment has been received in full.
- Additional charges may apply for hidden damage, structural defects, or approved variations.
- Completed items should be collected promptly. Storage charges may apply after 14 days.
- Overdue accounts may incur interest and reasonable recovery costs where permitted by law.
Your rights under the Consumer Guarantees Act 1993 are not affected where it applies.
Full Terms & Conditions: www.luxxisupholstery.co.nz/terms
Additional Operational Note
We operate on a first come, first served basis. After the deposit has been received, all required materials will be ordered and, where necessary, an appointment will be arranged to collect the item(s). Work will commence once all required materials have arrived.
This summary is provided for convenience only. The full Terms & Conditions below apply.
# LUXXIS UPHOLSTERY LTD — TERMS & CONDITIONS
21-10-2026
These terms apply to upholstery, repair, restoration and related goods and services supplied by Luxxis Upholstery Ltd (Luxxis, we, us). Please read them with your quotation or estimate and any written variations agreed with us.
## 1. Your statutory rights
Nothing in these terms excludes or limits rights or remedies that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986. Where these terms conflict with a mandatory legal requirement, that requirement prevails.
Please contact us if you believe our work or charges are incorrect. Raising a genuine complaint does not remove your statutory rights.
## 2. Quotes, estimates and GST
A quote is a price for the work and scope described. An estimate is our best assessment of the likely price based on the information available, rather than a fixed price. Both can be accepted directly; an estimate does not need to become a quote.
Quotes and estimates remain available for acceptance for 30 calendar days unless a different expiry date is stated. Changes to an accepted quote require your agreement, except where applicable law provides otherwise. The scope, assumptions and exclusions stated in your document form part of the agreement.
Prices are in New Zealand dollars. Your document will identify whether amounts include or exclude GST and show GST where applicable. Fabric, delivery and other separately priced items will be identified in the document.
Our quotes and estimates price the requested work; they are not insurance valuations or replacement valuations unless expressly agreed in writing.
## 3. Acceptance and authority to proceed
We will provide or make these terms available before you accept the work. You may accept a quote or estimate verbally, by text, phone, email, through our customer portal, or by another clear instruction to proceed. Payment of a requested deposit may also indicate acceptance where the terms and scope were supplied beforehand.
You confirm that you own the goods or have authority from the owner to approve the work and arrangements concerning them. Please tell us before work starts if someone else owns the goods or has an interest that affects the work.
Acceptance does not guarantee an immediate start. We confirm scheduling after any required deposit and other arrangements are satisfied. We may record the acceptance method, date, time and the version of the terms supplied.
## 4. Deposits
A deposit of 50% of the accepted quoted or estimated price is normally required before we order materials or commit to scheduling work. We may waive or vary this requirement in writing, including for small jobs.
Deposits are credited against the account. If work is cancelled, any deduction or refund will be assessed under section 7 and your statutory rights. A deposit is not automatically forfeited simply because it has been paid.
## 5. Materials, scheduling and completion dates
After acceptance and receipt or waiver of the deposit, we will arrange any necessary ordering, collection and scheduling. Work is generally scheduled in order of readiness and normally begins when required materials are available.
Expected completion dates are estimates unless expressly agreed as a firm deadline. We will notify you of material changes or delays as reasonably practicable. Supplier delays, hidden damage and other events outside our reasonable control may affect timing; this does not remove any rights you have under applicable law.
Fabric colours, texture, patterns and appearance may vary between screens, samples and manufacturing batches. We will take reasonable care to supply what was agreed and discuss material substitutions with you before using them.
## 6. Variations and hidden damage
Dismantling may reveal damage or additional work that was not reasonably apparent during the initial assessment, including damaged frames, springs, webbing or foam.
We will explain the proposed additional work, its price or revised estimate, and any timing implications, and obtain your approval before incurring additional charges. Where approval cannot be obtained, we may pause the affected work rather than proceed beyond the agreed scope. Any pre-agreed spending authority will be recorded in writing.
Changes you request may also affect the price and completion date. Approved changes will be recorded with the job.
## 7. Cancellations, hidden conditions and an insufficient budget
Please tell us about known damage, previous repairs and other information that may affect the work. An undisclosed condition does not become included in the agreed price simply because it is discovered after work begins.
If dismantling or inspection reveals hidden damage or a materially different condition outside the agreed scope, whether or not you knew about it, we may pause the affected work. We will explain the findings and proposed additional cost and discuss whether an acceptable revised scope or budget can be agreed. We will not carry out chargeable additional repairs without your approval.
If no revised arrangement can reasonably be agreed, and the original scope cannot reasonably be completed safely or properly without that additional work, we may cancel the uncompleted affected work by written notice, to the extent permitted by law. You may also request cancellation or a different scope. This provision does not allow us to escape an agreed quote merely because of our own pricing error, a condition we should reasonably have identified, or a failure to meet our legal obligations.
On cancellation, and subject to your statutory rights, the account may include:
- Labour actually and properly performed within the authorised scope, including any authorised inspection or dismantling, at the agreed rates or agreed pricing basis.
- Reasonable cancellation administration actually required, up to two hours at the administration rate disclosed and agreed before the job was accepted. This is not an automatic two-hour fee and must not duplicate labour or other charges.
- Materials authorised and specifically ordered, cut or dispatched for your job are non-refundable on cancellation where the order cannot reasonably be cancelled or returned for a refund. These materials will be charged in full at the agreed price and handed over to you once the cancellation account has been settled. The materials charge will be deducted from the deposit together with any other lawfully payable charges. Where supplier refunds or credits are available, we will take reasonable steps to obtain them and credit any amounts received to your account. Your statutory rights remain unaffected.
We will take reasonable steps to minimise avoidable costs, provide an itemised account, credit all payments received and refund any excess. If a charge results from our own breach or failure to meet statutory guarantees, your legal remedies take priority. Where work has been dismantled, we will explain its condition and discuss any necessary reassembly; this is not authority to charge for additional work without agreement.
## 8. Customer-supplied materials
Where customers provide their own fabrics, leather, foam, vinyl or other materials:
- Luxxis Upholstery Ltd accepts no responsibility for manufacturing defects in those materials;
- suitability, performance or durability cannot be guaranteed;
- additional labour caused by unsuitable materials may incur additional charges, which will be explained and agreed before that additional work proceeds; and
- replacement materials remain the customer's responsibility, except where replacement is required because of our failure to meet our legal obligations.
This section does not exclude responsibility for our own workmanship or advice, or any rights and remedies that cannot lawfully be excluded under New Zealand law.
## 9. Payment and release of goods
Unless otherwise agreed in writing, the balance is payable on completion and must be received no later than 14 calendar days after the invoice date. The due date on your invoice identifies the applicable deadline.
Payment must clear before goods are released for collection or delivery, unless we have confirmed another arrangement in writing. Any right to retain customer-owned goods is subject to the existence and scope of a lawful lien and applicable law.
Payments and deposits already received will be credited to the relevant account. Please supply the invoice or project reference so we can allocate payment correctly.
## 10. Early-payment discounts and payment difficulties
An early-payment discount applies only where it is expressly identified as conditional in the accepted quote, estimate or invoice. The undiscounted price, discount and payment deadline must be disclosed as part of the agreement; an invoice or reminder does not introduce a new condition retrospectively.
The conditional discount is available if payment is received in full by the stated deadline. If that condition is not met, the discount expires and the outstanding undiscounted balance becomes payable, after deducting all payments already received. Ordinary discounts that are not identified as conditional remain unchanged.
If you need more time, please contact us before the deadline. We are happy to discuss your circumstances and may agree to an alternative payment arrangement. Any extension or agreement to retain a discount must be confirmed by us in writing. Contacting us does not by itself change a deadline; we will confirm any agreed change.
## 11. Overdue interest and recovery costs
Where this provision was part of the agreed terms and charging it is permitted by law, we may charge interest on an account that remains unpaid four weeks after its due date, at 3% per month compounded monthly.
The proposed charging method is a first monthly interest charge on the date four weeks after the due date, followed by charges on each monthly anniversary while a balance remains unpaid. Each charge is 3% of the outstanding balance on that charging date, including previously added interest and after deducting payments and credits. Charges are rounded to the nearest cent. There is no backdated interest for the initial four-week period.
Interest applies to the undiscounted balance only where a conditional discount has validly expired under section 10. We may waive interest or agree to another arrangement in writing. We will identify interest charges on the account.
We may seek reasonable debt recovery costs actually incurred, where the agreed terms and applicable law permit recovery. We will not recover the same cost twice. No reminder or interest charge limits your rights to dispute an amount or seek a remedy under consumer law.
## 12. Ownership, possession and care of goods
Customer-owned furniture and other goods remain the customer's property when handed to us. Delivery for upholstery or repair does not transfer ownership to Luxxis.
We will take reasonable care of goods in our custody. Where a lawful repairer's lien exists, we may retain possession until the amounts secured by that lien are paid. We do not claim an unrestricted right to retain goods for unrelated debts.
Any separate ownership or security arrangement for new goods supplied by Luxxis must be expressly documented and comply with applicable law. These terms do not themselves transfer ownership of your existing furniture to us.
## 13. Collection and storage
Please arrange collection promptly after we notify you that the goods are ready. If collection is delayed, contact us to agree suitable arrangements.
Reasonable storage charges may apply after 14 calendar days from our ready-for-collection notice only where the charging basis, rate and start date were disclosed and agreed beforehand. We will give a reminder before charges begin. Charges do not apply to delay caused by our own failure to make goods available as agreed.
If you are experiencing payment difficulties, we may agree a written payment and storage arrangement. With your agreement, goods may be moved to a suitable external storage facility. We will explain the proposed location, transport charges, storage rate and start date before the arrangement begins.
We remain responsible for obligations that cannot lawfully be excluded. An external storage arrangement must preserve any rights we intend to rely on and will not be used to bypass statutory sale or notice requirements.
## 14. Goods remaining unpaid or uncollected
Please collect goods promptly after we notify you they are ready, or agree a written collection and storage arrangement with us. We do not offer indefinite storage. Please keep your contact details current.
If an account remains unpaid ten weeks after its due date and no alternative arrangement has been agreed in writing, we may commence the applicable legal process for selling goods held under a lawful lien. Ten weeks does not automatically transfer ownership or authorise a sale.
If goods remain uncollected six months after we notify you they are ready, and there is no current written storage or collection arrangement, we may take steps to bring the storage arrangement to an end and arrange a lawful sale or disposal. We will make reasonable documented attempts to contact you using the details supplied and give the notices required by the applicable legal process. Any final notice will identify the goods, explain the proposed action and state the deadline for responding or collecting them, subject to any lawful retention rights.
Sale or disposal will occur only where we have a lawful right to take that action and after all applicable waiting periods, notices, advertising and procedures have been satisfied. The six-month period is not authority to discard goods or transfer ownership automatically. Where we do not have an established right of sale or disposal, including where goods have been paid for, we will obtain the necessary legal authority before acting.
Where sections 341–344 of the Contract and Commercial Law Act 2017 apply, we will comply with those requirements, including the statutory treatment of sale proceeds and any surplus. Ordinary payment reminders do not replace prescribed notices of sale. Goods will not be treated as our property merely because they remain unpaid or uncollected. A genuine dispute or an agreed payment arrangement will be considered before enforcement action.
## 15. Workmanship, complaints and remedies
We will perform services with reasonable care and skill and meet the guarantees that apply under New Zealand law. Please tell us promptly about a concern so we can inspect it and discuss the appropriate remedy. Prompt notice helps investigation but does not replace statutory timeframes or rights.
Normal wear, accidental damage, misuse, inadequate care and defects in existing or customer-supplied materials are not automatically defects in our workmanship. However, we remain responsible where our work, advice or other legal obligations are at fault. Your legal rights are not restricted to a manufacturer warranty or any additional guarantee we offer.
## 16. Delays and events outside our control
If an event outside our reasonable control prevents or delays performance, we will take reasonable steps to minimise its effects, keep you informed and discuss revised arrangements. This clause does not excuse a failure that the law does not permit us to exclude or remove a remedy available to you.
## 17. Communications, photographs and privacy
We use contact details, job records, correspondence and relevant photographs to prepare pricing, perform work, arrange payments and communicate with you. Please keep your contact details current and advise us if you need an alternative communication method.
Our separate Privacy Policy explains how personal information is handled and how to request access or correction. We will obtain appropriate permission before using identifiable customer or job photographs for marketing. These terms do not give blanket marketing permission.
Where a customer portal is available, it may display documents, messages, payments and the terms version relevant to your job. Important notices will be sent by a method appropriate to the notice and applicable legal requirements; portal messages alone do not necessarily satisfy a statutory notice requirement.
## 18. Terms versions and changes
The terms supplied and agreed when you accept the work remain the terms for that agreement, subject to any later change agreed with you and applicable law. Updating our website does not retrospectively change an existing agreement.
We may update terms for future work. We will retain the relevant agreed version and available acceptance records. An administrative acceptance timestamp records the evidence available; it does not establish agreement to terms that were never supplied.
## 19. New Zealand law and contact
These terms are governed by New Zealand law. Please contact us first so we can try to resolve a concern. You retain access to the Disputes Tribunal, courts and other remedies available under applicable law.
Luxxis Upholstery Ltd
Email: info@luxxisupholstery.co.nz
Phone: 022 423 1005
Website: https://www.luxxisupholstery.co.nz
