Terms & Conditions

Effective for all quotations, agreements, and projects.

These Terms and Conditions apply to all goods and services supplied by SG Merlion Kitchens Limited (“SG Kitchens”, “we”, “our”, or “us”). Additional project-specific terms may be set out in individual quotations, agreements, or invoices and shall take precedence where applicable.

By accepting a quotation, signing an agreement, paying a deposit, or otherwise instructing SG Kitchens to proceed with any work, the Client agrees to be bound by these Terms and Conditions.

These Terms and Conditions must be read together with any quotation, proposal, invoice, design document, or written agreement issued by SG Kitchens.

1. Quotations

1.1 Validity

All quotations issued by SG Kitchens are valid for thirty (30) days from the date of issue, unless otherwise stated in writing.

1.2  Basis of Quotation

Quotations are prepared based on the information, drawings, measurements, and site conditions available at the time of preparation. Changes to project scope, materials, measurements, specifications, or site conditions may result in a revised quotation or a variation cost.

1.3  Acceptance

An order is considered accepted when any one of the following occurs:

  • the Client confirms acceptance of the quotation in writing;
  • a deposit is paid; or
  • SG Kitchens commences work on the project.

Once accepted, the quotation forms a binding agreement between the Client and SG Kitchens.

1.4  Price Revisions

SG Kitchens reserves the right to revise pricing where additional work, materials, or services are required that were not included in the original quotation.

2. Scope of Services

2.1  Services Provided

SG Kitchens provides cabinetry-related services including, but not limited to:

  • design consultation
  • cabinetry manufacturing
  • supply of cabinetry components
  • delivery
  • installation, where agreed.

The specific scope of work for each project will be clearly outlined in the relevant quotation or written agreement.

2.2  Exclusions

Removal and disposal of existing cabinetry, appliances, or fittings will only be included where specifically stated in the quotation. Unless otherwise agreed in writing, SG Kitchens does not provide other building trade services, including but not limited to:

  • plumbing
  • electrical work
  • gas fitting
  • tiling
  • painting
  • structural work
  • council consent services.

3. Design and Measurements

3.1  Site Verification

For custom cabinetry projects, SG Kitchens requires final site measurement verification before manufacturing commences.

3.2  Building Tolerances

Cabinetry and joinery are manufactured based on site measurements and standard building tolerances. Minor variations may occur due to wall alignment, floor levels, building structure, or existing construction conditions. Such variations are considered normal industry tolerances and do not constitute defects.

3.3  Client-Supplied Measurements

For flat-pack cabinetry or trade supply projects, SG Kitchens may manufacture goods based on measurements provided by the Client or third parties where a site verification by SG Kitchens has not been conducted. SG Kitchens accepts no responsibility for errors arising from incorrect measurements supplied by the Client or other parties.

3.4  Intellectual Property

All design drawings, layouts, concepts, and plans prepared by SG Kitchens remain the intellectual property of SG Kitchens, unless otherwise agreed in writing.

4. Materials

4.1  Specifications

Materials, finishes, and components will be supplied in accordance with the agreed design and specifications outlined in the quotation.

4.2  Natural Variations

Natural variations in colour, grain, texture, or pattern may occur in certain materials including timber, stone, laminates, and other natural or semi-natural finishes. Such variations are inherent characteristics of the material and are not considered defects.

4.3  Substitution

Where specified materials become unavailable, SG Kitchens reserves the right to supply equivalent or similar alternatives. Where reasonably practicable, the Client will be consulted prior to substitution.

5. Site Conditions and Access

5.1  Site Readiness

The Client must ensure the site is ready for installation prior to the scheduled installation date. This includes, but is not limited to:

  • completed flooring where required;
  • electrical and plumbing rough-in completed;
  • walls prepared and accessible; and
  • safe and clear access to the installation area.

SG Kitchens will not be responsible for delays caused by incomplete site preparation. Additional charges may apply if installers are unable to proceed due to site conditions.

5.2  Access to Site

The Client must ensure reasonable and safe access to the site during normal working hours. If access is unavailable at the agreed installation time, additional costs may apply.

5.3  Delays and Additional Costs

SG Kitchens will not be responsible for delays or additional costs caused by unfinished building works, inaccurate building structures, restricted site access, or unsafe working conditions. Any additional labour or work required due to unexpected site conditions may be treated as a variation and charged accordingly.

5.4  Rescheduling

If installation cannot proceed due to circumstances beyond the control of SG Kitchens — including unfinished building works, restricted access, other contractors occupying the site, or unsafe working conditions — SG Kitchens reserves the right to reschedule the installation and to charge additional labour or return visit costs where applicable.

6. Project Timeline

6.1  Lead Times

Project lead times generally commence after deposit payment and confirmation of materials.

6.2  Estimated Dates

Estimated delivery and installation dates are provided as guidance only and may be affected by:

  • manufacturing schedules;
  • supplier lead times or delays;
  • shipping disruptions;
  • site readiness; or
  • circumstances beyond SG Kitchens’ reasonable control.

6.3  No Guarantee of Dates

SG Kitchens will make reasonable efforts to meet agreed schedules but does not guarantee completion or delivery dates. SG Kitchens will not be liable for losses or costs arising from delays beyond its reasonable control.

7. Delivery and Installation

7.1  Scheduling

Delivery and installation dates will be scheduled once manufacturing is complete and the site is confirmed ready. The Client must ensure the project site is accessible and ready for delivery and installation.

7.2  Delays by the Client

If installation is delayed due to the Client, the Client’s contractors, or site conditions, SG Kitchens reserves the right to charge a reasonable waiting fee or hourly labour rate where additional time is incurred.

7.3  Rescheduling Notice

To avoid unnecessary rescheduling costs, Clients should notify SG Kitchens of any installation postponement at least three (3) working days in advance where possible. Where insufficient notice is provided, a rebooking or rescheduling fee may apply.

7.4  Storage Fees

If installation or delivery is delayed due to the Client or builder for more than seven (7) days after the agreed installation date, SG Kitchens reserves the right to charge reasonable storage fees for the cabinetry and related materials until installation can proceed.

7.5  Site Adjustments

SG Kitchens will take reasonable care during installation; however, minor adjustments or modifications may be required to accommodate site conditions.

7.6  Trade and Flat-Pack Orders

For certain trade or flat-pack orders, collection or pick-up of goods may be arranged by agreement with SG Kitchens.

8. Pricing and Payment

8.1  Payment Structure

Unless otherwise agreed in writing, the standard payment structure is as follows:

  • Deposit: 50% upon order confirmation;
  • Production stage: 45% prior to delivery or installation; and
  • Final payment: 5% upon practical completion.

8.2  Invoice Due Dates

Invoices must be paid by the due date stated on the invoice. All payments must be made within the timeframe specified.

8.3  Overdue Payments

If payment is not received by the due date, SG Kitchens reserves the right to:

  • charge interest on overdue amounts at 3% per week; and
  • recover any reasonable debt collection or legal costs incurred.

8.4  Suspension of Work

SG Kitchens may suspend further work or delivery until all outstanding payments have been received. SG Kitchens reserves the right to suspend work if payments are overdue.

9. Deposits and Cancellation

Deposits are required to secure manufacturing schedules and material orders. Deposits may be non-refundable once manufacturing has commenced.

 

If the Client cancels the project after acceptance, SG Kitchens reserves the right to recover all costs incurred, including but not limited to:

  • design work;
  • materials ordered;
  • manufacturing costs; and
  • administrative expenses.

10. Ownership of Goods and Risk

10.1  Title Retention

Ownership of all goods supplied by SG Kitchens remains with SG Kitchens until full and final payment has been received.

10.2  Restrictions Before Full Payment

Until full payment has been made:

  • the Client must not sell, transfer, or dispose of the goods; and
  • SG Kitchens reserves the right to enter the site and recover the goods where legally permitted.

10.3  Transfer of Risk

Risk in the goods transfers to the Client upon delivery to the site or collection by the Client or the Client’s representative.

10.4  Recovery of Unpaid Goods

If payment is not made in accordance with the agreed terms, SG Kitchens reserves the right, where permitted by law, to recover goods supplied that remain unpaid.

11. Warranty

11.1  Workmanship Warranty

SG Kitchens provides a twelve (12) month workmanship warranty on cabinetry installation from the date of practical completion.

11.2  Hardware and Accessories

Hardware and accessories supplied by SG Kitchens are subject to the applicable manufacturer’s warranty. SG Kitchens will assist the Client in making warranty claims where applicable.

11.3  Warranty Exclusions

The warranty does not cover:

  •  normal wear and tear;  
  • misuse or damage caused by the Client or third parties;  
  • modifications made by others after installation; 
  • water damage caused by plumbing leaks or external sources; or
  • damage resulting from improper cleaning, maintenance, or exposure to unsuitable conditions.

12. Defects and Reporting

12.1  Reporting Period

Any faults or defects must be reported to SG Kitchens in writing within five (5) working days of delivery or installation.

12.2  Assessment and Remedy

SG Kitchens will review the reported issue and determine an appropriate remedy where applicable. SG Kitchens will assess and remedy any confirmed defects within a reasonable timeframe at no additional cost to the Client.

12.3  Exclusions

Issues arising from misuse, fair wear and tear, exposure to unsuitable conditions, modifications by others, or external factors are not considered defects and will not be covered under this clause.

13. Variations

13.1  Written Confirmation Required

Any changes to the agreed scope of work, design, or materials must be requested and confirmed in writing before work proceeds.

13.2  Impact of Variations

Variations may affect project pricing and timelines. Any changes to the agreed design, materials, or scope of work requested by the Client may result in:

  • additional costs; and
  • revised timelines.

13.3  Client Notification

SG Kitchens will advise the Client of any additional costs or timeline changes before proceeding with the variation.

14. Practical Completion

14.1  Definition

Practical completion occurs when the cabinetry has been installed substantially in accordance with the agreed scope of work and is ready for normal use.

14.2  Minor Outstanding Items

Minor adjustments, cosmetic touch-ups, or small items requiring follow-up do not prevent practical completion from being reached

14.3  Final Payment

Final payment remains due in accordance with the agreed payment terms once practical completion has been reached.

14.4  Outstanding Items

SG Kitchens will make reasonable efforts to address any minor outstanding items within a reasonable timeframe following practical completion.

14.5  Appliances and Third-Party Products

SG Kitchens is not responsible for:

  • appliances supplied by the Client or third parties; or
  • installation compatibility of third-party products.

Any issues relating to such products should be addressed directly with the original supplier.

15. Consumer Protection

15.1  Statutory Rights

Nothing in these Terms and Conditions limits or excludes the Client’s rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand legislation.

15.2  Business Clients

Where goods or services are acquired by the Client for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 may be contracted out to the extent permitted by law.

15.3  Consequential Loss

To the extent permitted by law, SG Kitchens will not be liable for indirect or consequential loss arising from delays, third-party contractors, or circumstances beyond its reasonable control.

16. Limitation of Liability

16.1  Cap on Liability

To the maximum extent permitted by law, SG Kitchens’ total liability for any claim relating to the supply of goods or services shall be limited to the value of the goods or services supplied under the relevant agreement.

16.2  Excluded Losses

To the maximum extent permitted by law, SG Kitchens shall not be liable for:

  • indirect or consequential losses;
  • loss of business or income;
  • delays caused by third parties; or
  • delays due to site readiness or construction scheduling.

17. Force Majeure

SG Kitchens shall not be liable for delays or failure to perform obligations due to events beyond its reasonable control, including but not limited to:

  • supplier delays or shortages;
  • shipping disruptions;
  • natural disasters;
  • labour shortages; or
  • government restrictions or regulatory changes.

SG Kitchens will notify the Client as soon as practicable of any such event and will make reasonable efforts to resume performance at the earliest opportunity.

18. Care and Maintenance

The Client is responsible for maintaining cabinetry in accordance with standard care practices and any care guidelines provided by SG Kitchens at handover. Exposure to excessive moisture, heat, or the use of improper cleaning products may damage cabinetry finishes and may affect warranty coverage.

19. Photography and Portfolio

SG Kitchens may photograph completed projects for portfolio, marketing, or promotional purposes. If the Client does not wish for their project to be photographed or featured in any promotional material, they must notify SG Kitchens in writing prior to project completion.

20. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the New Zealand courts.

 

The parties agree to attempt to resolve any dispute through good-faith negotiation before commencing formal proceedings.