Terms and Conditions

WE REALLY LOOK FORWARD TO WORKING WITH YOU ON YOUR PROJECT. TO ENSURE YOU HAVE A CLEAR PICTURE OF HOW WE’LL BE WORKING TOGETHER TO GET THE BEST RESULTS POSSIBLE, BELOW ARE THE TERMS & CONDITIONS AND CLIENT POLICIES FOR

TERMS AND CONDITIONS 

  1. GENERAL

    1. These terms apply to all services and products provided by us. 

    2. Any amendment(s) to these terms will be notified to you in writing, unless stated otherwise, shall have immediate effect

    3. “Client” and “you” shall include you, your directors, employees, agents, invitees and permitted assignees. You may not assign your interests under these terms without our prior consent.

  2. DEFINITIONS

    1. ‘You’ means the person, firm or organisation engaging our services;

    2. ‘us’ ‘we’ ‘our’ Emma Hoyle Interiors Limited (Emma Hoyle Interiors);

    3. ‘terms’ these terms and conditions;

    4. ‘Designer’ Emma Hoyle Interiors;

    5. ‘Design Works’ means the scope of works as agreed in our Fee Estimate;

    6. ‘Client’ means the client listed in the Project Details;

    7. ‘Estimate’ means the fee estimate provided upon receipt of instructions;

    8. ‘Fee’ means the total fee payable by the Client in consideration of the Design Works;

    9. ‘Project’ means the project described in the Project Details Works, Goods and associated rights as detailed in the Agreement;

    10. ‘Property’ means the physical Project works completed using partially or wholly the Design Works;

    11. ‘Services’ means the design scope of works as agreed in our Fee Estimate

    12. ‘Suppliers’ means an organisation that provides a product or service

    13. ‘Scope of Works’ means the Project Scope of Works as outlined in the Fee Estimate.
       

  3. ENGAGEMENT

    1. The Client engages the Designer to provide the Design Works, and the Designer accepts that engagement, on the following terms and conditions.

  4. YOUR INSTRUCTIONS AND PRICE 

    (a) On receipt of instructions from you we will provide, where appropriate, confirmation of your instructions by way of a fee estimate and our services which will remain valid for acceptance by you within 14 days or such other timeframe as may be recorded in the fee estimate. 

    Our charges specified in our fee estimate may be based on an hourly rate and/or comprise a fixed price. All prices are estimated exclusive of GST, unless stated otherwise 

    Prior to us carrying out your instructions, you will need to confirm, where appropriate, the scope of works and accept our fee estimate. You must do this by signing and returning these terms and conditions or, alternatively, confirming by email that you accept the estimate provided. 

    On acceptance of our fee estimate, you may not cancel or defer unless we agree on the terms of such cancellation or deferment. 

    Payment of a 65% deposit will be required prior to the commencement of work. 

    All fee  estimates are subject to amendment in the event of circumstances outside of our reasonable control. If this happens, we will let you know as soon as reasonably possible. 

    As part of our Procurement Phase we charge a 15% procurement fee on top of the trade price for each item ordered.   This fee covers our time to prepare pricing, process orders for supply, manage orders and delivery, consolidate orders for installation and administration.

    If there is any conflict between these terms and those contained in our estimate, our estimate shall prevail. 

    We retain copyright to all our designs.

  1. COMMUNICATION

    1. Our business hours are Monday to Thursday 9am to 5pm and Friday 9am - 12pm. 

    2. We are away from our desks a lot visiting clients and suppliers but will endeavour to answer any messages and emails within 24 hours. 

    3. To provide the best possible service it is best to reach us on email so we can respond accordingly with our thoughts and ideas.  Our preference is not to receive queries via text, messenger, or social media, so an email is best to make sure we have all the correct information and a record of our communications.  Any emails sent over the weekend will be responded to on Monday.  However, if you need an immediate answer please phone and please leave a voice message if not answered.

  2. DESIGN FEES

    1. Residential Consultancy $190+GST

    2. Commercial Consultancy $190+GST

    3. Mileage (north of Albany and south of Mount Wellington at the current IRD rate of .083 per kilometre. 

    4. Travel Time.  Travel Time will be charged at 50% of the Consultancy hourly rate of $95+GST.

    5. Freight + Courier.  Charged at cost. 

    6. Disbursements.  Charged at cost

    7. Initial Briefing Consultation $300+GST.

  3. FEES & PAYMENT

    1. PACKAGE OF SERVICES
      Once we have agreed a full scope of work, we will price up a package of services for you.  If you choose to work with us on a package, a 65% deposit is required at the start of the project, with the balance due when we've presented all requirements for the project. If the scope of work changes or if anything arises outside of the agreed scope, we will charge additionally at our standard hourly rate of $190 plus GST.

    2. ADDITIONAL TIME CHARGED
      All meetings other than those specified (including the initial consultation and key presentations) are charged at an hourly rate of $190 plus GST. These include all meetings with you, the client, visits with you to suppliers, site visits, and collaborations/meetings with architects, cabinet makers, contractors, and tradespeople.

    3. TERMS OF A PACKAGE SERVICE
      The term of a package of services ends once the balance invoice has been sent.  Any alterations, changes or additions made after the balance of the package has been invoiced will be charged as the time is incurred to implement these variations.

    4. SURCHARGES
      For meetings outside of our standard business hours we may charge a 10% premium. We may also charge a 10% premium for urgent jobs that fall outside of the usual delivery timeframes.

    5. PRODUCT
      Quotes for any products are valid for one week, after which time may be charged to re-quote items.  For any purchases ordered through our suppliers, full payment is required before the order is placed. For items that require a wait of longer than 4 weeks for delivery, we generally invoice 65% upfront and the balance just before delivery.   An invoice will be provided upon acceptance of the quote via email.  Please note that products are not held by suppliers until a deposit or full payment is made - any delay in purchasing may mean products are no longer available, so we highly recommend purchasing your favourite pieces straight away to avoid disappointment. All prices quoted are exclusive of GST, unless otherwise stated.  

We reserve the right to on charge increased costs that may apply to imported goods and supplier costs that were not foreseeable when the quote was issued. 

  1. MILEAGE
    We love to meet with our clients in their home. We waive this fee for our initial consultation, other presentations and site meetings included in our package of services.  For locations outside of our immediate catchment area of the North Shore or Central Auckland, we will also charge mileage at the current IRD rate.

  2. PAYMENT
    All payments are due within 7 days from the date of invoice.  As a small business, we appreciate your on-time payment of all invoices. You will be liable for all loss, costs and expenses, including legal costs on a solicitor/client basis that Emma Hoyle Interiors  may incur as a result of any failure by you to make due and punctual payment.

  3. INITIAL BRIEFING CONSULTATION
    Our initial consultation fee is a one-off payment of $300 plus GST - this working appointment is usually 60 minutes long where we discuss your brief and determine the scope of work. At this meeting we supply you with valuable information, providing you with clarity and direction for your project.

  1. PRODUCTS FROM THIRD PARTY

    1. If you decide to work with a tradesperson or supplier based on our referral (for example an electrician, kitchen manufacturer, carpet supplier) you will need to contract directly with that supplier/tradesperson and the workings of that relationship will be entirely separate from the relationship with Emma Hoyle Interiors.

    2. Please ensure you have appropriate insurance in place to cover any damage that may be caused by any suppliers while carrying out services arranged by Emma Hoyle Interiors. Emma Hoyle Interiors does not accept liability for loss caused by third parties and you will need to make any claims directly to the supplier concerned.  

    3. If your instructions involve the sourcing of products from third parties, we will order the products as your agent. You will be responsible for all costs associated with that supply (including delivery). 

    4. Payment for such products may be required prior to ordering. 

    5. We accept no liability for products sourced from third parties. We will pass on to you the benefit of any warranties we receive from the suppliers and you agree to be bound by any terms and conditions imposed by that supplier. 

    6. Any goods ordered by Emma Hoyle Interiors Limited require a minimum deposit of 50% prior to the goods being ordered. All balance payments are required before the goods are installed.

  2. ACCURACY OF INFORMATION

    1. We shall be entitled to rely on the accuracy of all information supplied by you and you shall be liable for any additional costs incurred as a result of any errors or omissions. 

    2. We often use other trades people and assistants to provide specific measurements and on occasions we undertake the measures. Where we use other people to provide measurements, we will not be responsible for their errors but we do our best to resolve the matter with them for you. In all instances a final site measure will be required prior to any installation occurring. As a result of this, final adjustments may need to be made.

  3. TIMEFRAMES

    1. We will use all reasonable efforts to meet any agreed timeframes but will not be liable for any loss suffered by you if an agreed timeframe is not met due to matters outside our direct control, including material shortages or transit strikes, or COVID-19 related delays. 

    2. Generally for our Concept Design Phase and Developed Design Phase, completion of these are to be undertaken at one time with one single set of changes.  This feedback needs to be completed in a timely manner by the client. 

  4. CLIENT RESPONSIBILITIES AND ACKNOWLEDGEMENT

    1. Without limiting the provisions of the Fee Estimate, the Client’s responsibilities and obligations under the Terms and Conditions include:

  1. providing materials and written approvals and/or instructions in accordance with the Terms and Conditions;

  2. coordination of any decision making with parties other than the Designer;

  3. provision of the builder’s working drawings, and schedule of works in a form suitable for use by the Designer; and

  4. providing information from third parties required for the Designer to perform the Services.

  1. The Client acknowledges and agrees that:

  1. it shall be responsible for performing all its obligations under the Terms and Conditions in a reasonable and timely manner and that the Designer’s ability to perform the Services in accordance with the Terms and Conditions is contingent upon the Client’s prompt performance of its obligations under the Terms and Conditions; and

  2. any delays in the Client’s performance of its obligations, or variations to the Services caused by the Client, may delay performance of the Services and that any such delay caused by the Client shall not constitute a breach of any of the Designer’s obligations under the Terms and Conditions.

  1. REVIEW AND APPROVAL OF DOCUMENTS BY THE CLIENT

    The Client must, promptly (and in any event, within any time identified in the Design Contract for such review), review any Document(s) provided by the Designer and:

  1. if the Document(s) comply with the requirements of the Design Contract, approve the Document(s); or

  2. if the Document(s) do not comply with the Design Contract, reject the Document(s) and provide details of the non-compliance.

  1.  If the Client fails to respond to the Designer within the latter of 15 days of receipt of the Document(s) and any time specified in the Design Contract for its review, then the Document(s) are deemed to be approved and accepted by the Client.

  2. If the Document(s) are rejected by the Client under clause 6aii above:

  1. the Designer shall be entitled to request written clarification of any concern, objection or correction, which must be promptly confirmed by the Client; and

  2. subject to receipt of confirmation by the Client as applicable under clause 6cii above, amend the Document(s) as required to ensure compliance with the Design Contract and resubmit to the Client, in which case clause 6a will reapply in respect of the amended Document(s).

  1. Notwithstanding that a Document complies with the requirements of the Design Contact, the Designer may agree with the Client to amend the Document in which case clause 9 will apply.

  1. TITLE AND RISK

    1. Title to Goods passes when the Designer receives full payment. Until full payment, the Designer reserves all ownership rights to the Goods.

    2. Risk of any loss of, or damage to, Goods supplied by the Designer shall pass on delivery to the Client.

  2. SUPPLIERS

    1. You agree to ensure that the site is ready for any installation on the confirmed date and understand you will be liable for any cancellation fee charged by the relevant supplier.

    2. When goods are delivered to your property, please ensure they are checked thoroughly before being accepted and signed for. Emma Hoyle Interiors cannot be held responsible for any loss or damage to items identified after delivery has taken place.

  3. PAYMENT TERMS 

    1. Payment in full by way of cleared funds will be required within 7 days of the date of each invoice rendered by us. 

    2. Late payment interest shall be charged at the rate of 14% per annum calculated daily from the due date up to and including the date payment. 

    3. We reserve the right to charge all administration fees associated with an overdue invoice to stop or defer work in the event of non-payment.

  4. SECURITY FOR INFORMATION

    1. As security for your obligations under these terms, and under the Personal Property Securities Act 1999 (“Act”), these terms create a general security interest in all your present and after acquired personal property as well as a first ranking security interest in all products supplied by third parties (plus proceeds). 

    2. We may register a financing statement(s) to perfect these security interests and you will provide all necessary information and assistance. 

    3. You waive your rights to receive a verification statement in respect of any financing statement or financing change statement registered by or on behalf of us under the Act and agree that you will have no rights under (or by reference to) sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 129, 131, 132, 133 and 134 of the Act and where we have rights in addition to those in part 9 of the Act, those rights shall continue to apply. 26: You will immediately upon request obtain any third party waiver or agreement to protect these security interests. including the date payment. 

    4. We reserve the right to charge all administration fees associated with an overdue invoice to stop or defer work in the event of non-payment.

  5. PERSONAL GUARANTEES 

    1. Any director(s) or trustee(s) of a client shall be personally liable under these terms, both jointly and severally where they have signed below.

  6. LIABILITY AND WARRANTY

    1. Any implied warranties in respect of the supply of services and products are excluded to the fullest extent permitted by law. 

    2. To the extent permitted by law, Emma Hoyle Interiors excludes liability for any kind of consequential, special, or indirect loss or damage, which may arise in respect of the Services.

    3. To the extent permitted by law, Emma Hoyle Interior’s total liability is limited to the Service Fees paid by You.

    4. Emma Hoyle Interiors excludes any liability relating to the acts and omissions of its Suppliers, or any other third party.

    5. Emma Hoyle Interiors has no liability to the client for any loss, damage, costs, expenses, or other claims for compensation arising from any information or instructions supplied by you which are incomplete, incorrect or inaccurate.

    6. Emma Hoyle Interiors shall not be liable for any failure to perform its duties due to circumstances beyond its control, including without limitation, flood, fire, earthquake or otherwise adverse weather conditions.

    7. Emma Hoyle Interiors does not warrant against fading of any finishes or oxidation of any products. Variations in colour are inherent to some finishes and finishes may vary in tone, colour and texture.

    8. Emma Hoyle Interiors will not be held responsible for any fabrics or materials that may stretch, shrink or react to weather conditions or incorrect cleaning. 

    9. If you choose to have items recovered, altered or repaired, then these leave your premises at your sole risk.

    10. Emma Hoyle Interiors will not be held responsible for any fixtures or fittings supplied by you.

    11. Should any issues arise relating to any services, please provide full details in writing to Emma Hoyle Interiors within 7 days of the supply of the relevant services.

    12. Of course, you have certain rights under the Consumer Guarantee Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this clause.

  7. PHOTOGRAPHY & INDUSTRY AWARDS 

    1. We would be delighted if you would allow us to arrange professional photography of the finished project. We often use these photographs and our own informal “in progress” photos for our website and social media.  Please let us know if this is not acceptable.  We will also ask for your comments in the form of a client testimonial to share with others who are thinking about taking the next step in creating a beautiful home.

    2. Your personal details will not be shared with any third party, aside from the purchase or ordering of products for your project.  Your personal details and the location of your project will remain confidential. 

  8. INDEMNITY 

    1. You indemnify us against all claims, expenses, losses, damages and costs (including client solicitor costs) incurred as a result of a breach, negligent act or omission by you in the course of or related to your performance of, or failure to perform, your obligations under these terms. 

    2. You shall also indemnify us against all claims, expenses, losses, damages and costs (including client solicitor costs) incurred in relation to the supply of products for you by third parties.

  9. INSURANCE

    1. We will maintain at its own expense public liability insurance with a reputable insurer with a minimum limit appropriate for its business and risks.

  10. FORCE MAJEURE

    1. Emma Hoyle Interiors shall not be liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, delays or non-performance by third party suppliers, weather, COVID-19 delays or impacts, or any other cause outside of the Designer’s control.

  11. CONTRACTORS

    1. The Designer may engage with reputable contractors to assist with completion of the Design Project. 

    2. Where the Designer engages contractors at the client’s request, the Designer shall be acting as the agent of the client and is not liable for the performance or remuneration of those contractors.

  12. PRIVACY ACT 

    1. You authorise any third party to supply us with all credit related information requested and the release by us of this information to any third party. Signed by the client (by its director(s)/trustee(s)) in acknowledgment and acceptance of the above terms.

  13. CANCELLATION AND TERMINATION POLICY

    1. You have the right to terminate this agreement at any time by giving written notice to Emma Hoyle Interiors. You shall remain liable to pay Emma Hoyle Interiors for any services provided to the date of termination. This also includes (but is not limited to) the cost of goods and materials supplied or ordered on your behalf and any services that may incur a cancellation fee.

    2. Emma Hoyle Interiors has the right to terminate this agreement on reasonable notice if you breach any of its terms or act in a way that we consider is incompatible with our continued performance under our agreement.


PROJECT DETAILS 

Designer Details 

Designer: Emma Hoyle, t/a Emma Hoyle Interiors Limited
Registered Office: 14 Sulphur Beach Road, Northcote Point 0627
Email Address: studio@emmahoyle.com
Phone Number: +64 21 0330313 

Client Details 

Client:
Contact Person:
Contact Address:
Email Address:
Phone Number: 

Design Works
Fee Estimate: 
Project:
Site Location:
Deliverables:
Special Conditions: 


Client Signature _________________________________________________________ 

Date _________________________________________________________ 

Designer Signature ________________________________________________________ 

Date _________________________________________________________


 

TERMS AND CONDITIONS 

(“terms”)

Emma Hoyle Interiors Limited (Emma Hoyle Interiors)

(“us”,“we”,“our”) 

NZBN 9429048698375

Registered Office 14 Sulphur Beach Road, Northcote Point, Auckland 0627