These Terms and Conditions apply to all services provided by Jamie Durrant trading as Durrant Design to you as the client named in our Letter of Confirmation (“LOC”), which also details the Services. Together with our LOC they form the Services Agreement ("Agreement") and will be effective from the date the LOC is signed.

CLIENT COMMUNICATION

Our office hours are Tuesday through Friday 9:30am to 5:00pm and Saturday 9am - 3pm.

Prior to each meeting we have, please be sure to email me any thoughts/ideas/ changes before our scheduled time so I can plan accordingly. I will send you a meeting request to confirm we both have the same time, date and location to avoid any confusion.

We will book a convenient time for us to meet during the project. I usually like to meet or speak with you at least once a week to keep you updated with progress.

If you send me something via email on Friday night, I'll most likely respond Monday however if you need an immediate answer please phone me.

I understand that you might have questions in between our appointments. As my client, you are encouraged to stay in touch with me between our meetings via email and phone. I prefer not to receive product queries via text or social media, so an email or phone is best to make sure I have all the correct information, and this can be tracked easily.

My clients know I am mostly reachable by email, but you may call me anytime during business hours between our scheduled meetings for specific questions to offer ideas, or to clarify any queries. I will make time for these extra calls.

If I am unavailable at the time you call, I will do my best to return your call or email as soon as I am available. Please leave a voice mail.

CLIENT RESPONSIBILITIES

You are ultimately responsible for making the final decisions regarding the project. I will of course be sharing my expertise, opinions, offer resources, or make suggestions. However, it is up to you to decide which, if any, to act upon. If you decide to take a recommendation, it is your choice and you take full responsibility for it. If you decide to work with someone based on my referral, you must know the workings of that relationship will be entirely separate from my relationship with you.

INVOICING

TKCO Ltd. manages my accounts and I will be sending invoices to you via our accounting system Xero.

PRICE

My hourly rate is $160 plus GST and my time spent on your job is invoiced weekly and due within 7 days. While working on an hourly rate can seem simple I do prefer to create packages that give you a fixed price for your project. I am happy to discuss in further detail how these work.

PAYMENT

All payments for products are due within 7 days from the date of invoice. Interest of 2.5% per month will be payable on all accounts not settled by their due date. The interest will be added monthly thereafter from the due date until payment is received.

I will require full payment for all products ordered through my suppliers, due within 7 days of acceptance of the quote via email.

All prices quoted are exclusive of GST unless otherwise specified.

If you choose to work with me on a long term project (over 3 month’s timeframe), 50% deposit is required at the start of the project, with the balance due upon completion. If the project takes longer than expected, then we may require progress payments. This will be discussed on a case by case basis.

For any construction work supplied by Durrant Design, a 60% deposit is required.  Due to unpredictable circumstances with supply chains and inflation across all construction suppliers, product costs can rise during your project.  If your project is prolonged or delayed outside of our control while materials are still required to be purchased, you will be liable for any increase in prices from our suppliers.

A fair use policy applies to all packages and excessive use will result in the package coming to an end and a new package negotiated or hourly rate charged. We will communicate with you about this via email prior to the package ending.

In the case of custom made curtains and window treatments, 60% deposit is required before order is placed, and final balance must be paid before installation.

You will be liable for all loss, costs and expenses, including legal costs on a solicitor/ client basis, that I may incur as a result of any failure by you to make due and punctual payment.

CANCELLATION AND TERMINATION OF AGREEMENT

You have the right to terminate this Agreement at any time by giving written notice to Durrant Design. You shall remain liable to pay Durrant Design 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.

All design and construction work that was originally agreed upon and has not been completed at time of cancellation will incur a 20% cancellation fee.

We have 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 the Agreement.

LIABILITY AND WARRANTY CLAIMS

If any issues arise relating to the Services, please provide full details to me within 7 days of the supply of the relevant Services so that I can take steps to remedy the issues. If I am not notified in time I may not be able to remedy the issues and I will not accept liability.

We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability.

INSURANCE

Durrant Design Ltd holds professional indemnity insurance for an amount no less than that stipulated in the Project Details (if any), subject to the various terms, exclusions and limitations of that policy, and Durrant Design Ltd shall maintain this insurance (or equivalent) for a period of six years following the conclusion of the design works.

OUR LIABILITY

Durrant Design has no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by you which is, or are, incomplete, incorrect or inaccurate.

Durrant Design is not liable for any loss of profit, data, savings, business, revenue, and/or goodwill, or any indirect, consequential, incidental or special loss or damage of any kind.

Durrant Design will not be held responsible for any fixtures or fittings supplied by you.

Durrant Design will not be liable for any failure to perform our duties due to circumstances beyond our control, including but not limited to order of a government or other authority, government restrictions under the Covid-19 health response, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, flood, fire, earthquake or otherwise adverse weather conditions.

If you are a consumer, you have certain rights under the Consumer Guarantees 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.

Durrant Design does not make alterations on the drop of custom curtains for <30mm longer or shorter. This is to protect the aesthetic nature of the curtains due to our alteration process. In the case of Durrant Design measuring for curtains before Client’s new flooring is installed, there is an allowance of 15mm due to the high chance of floor to ceiling variances.

THIRD PARTY SERVICES AND MATERIALS

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 Durrant Design. Durrant Design will not accept liability for loss caused by third parties and you will need to make any claims directly to the Supplier concerned.

Durrant Design 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.

Durrant Design will not be held responsible for any fabrics or materials that may stretch, shrink or react to weather conditions or incorrect cleaning procedures.

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

SALES OF PRODUCTS, DELIVERY AND INSTALLATION

One of the added benefits of using a designer is the ability to access product not often available retail, via wholesale and trade showrooms.

The standard margin I charge is plus 40% on my trade or wholesale prices. This may be less depending on supplier and products being used.

For any ready made purchases to be ordered through my suppliers full payment must be made at the time of placing the order.

Any orders placed for fabric through Durrant Design are non-refundable.

While I will do everything, I can to ensure your goods are delivered on time, Durrant Design cannot be held responsible for delays in shipping beyond its control, including, but not limited to material shortages or transit strikes. This is especially relevant with global delays due to Covid-19 restrictions.

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.

When goods are delivered to your property, please ensure they are checked thoroughly before being accepted and signed for.

Durrant Design cannot be held responsible for any loss or damage to items that is identified after delivery has taken place.

YOUR COMMENTS AND PERSONAL INFORMATION

I would be delighted if you would allow me to arrange professional photography of the finished project. I find this extremely valuable and now make it a consistent part of working with each client. Your personal details will not be shared with any third party aside for the purposes of ordering products for your project. The location and personal details of the occupants of the property will remain confidential.

Often, I ask clients if I can use these photographs for my website and social media as well as ask for comments in the form of a client testimonial to share with others who are thinking of taking the next step in creating a beautiful home. Please let me know if that's acceptable.

Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements.

REFERRALS

Many times, in my Interior Design business, clients regularly send referrals to me. If you overhear someone saying they'd like to have an Interior Designer help them with their home, I invite you to direct them to the website (www.durrantdesign.co.nz) to view compelling client testimonials and see the galleries of the latest projects I’ve worked on. You can also ask them to contact me for a quick chat, free of charge, to see if I can assist them in their project.