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TERMS & CONDITIONS (Auckland Rug Services)

1. Scope of Services

These Terms & Conditions (“Terms”) apply to all services supplied by The Rug Guru Limited (“The Rug Guru”, “we”, “us” or “our”) to any customer (“customer”, “you” or “your”).

They apply to private customers, businesses, retailers, interior designers, property managers, insurers, contractors, organisations and any other person or entity engaging, requesting or authorising our services.

By requesting a quotation, approving a quotation, booking a service, instructing us to proceed, supplying a rug to us, accepting delivery, or otherwise engaging our services, you agree to these Terms.

Where a separate written agreement has been signed between the parties, that agreement will prevail to the extent of any inconsistency.

2. SERVICES

These Terms apply to all services supplied by The Rug Guru, including but not limited to:

  • Rug cleaning

  • Rug washing

  • Rug stain removal

  • Rug odour treatment

  • Rug mould treatment

  • Rug moth treatment

  • Rug repair

  • Rug restoration

  • Rug colour restoration

  • Rug edging and binding

  • Rug protection

  • Rug underlay and non-slip systems

  • Rug wrapping

  • Rug wall hanging

  • Rug pickup and delivery

  • Rug installation

  • Onsite services

  • Inspection and assessment

  • Consultation

  • Emergency or specialist treatment

  • Any other rug-care, rug-related or associated service agreed with us

The specific services included in each job are those stated in the quotation, invoice, written communication or other documented agreement.

No additional service is included unless expressly agreed.

2. QUOTATIONS AND ESTIMATES

Quotations are based on the information and condition of the rug known to us at the time of assessment.

A quotation may be revised if, before or during the work, we discover:

  • hidden structural damage;

  • weakened fibres;

  • unstable dyes;

  • previous repairs;

  • previous chemical treatment;

  • contamination not disclosed to us;

  • additional damage;

  • unsuitable backing, adhesive or latex;

  • additional labour or materials;

  • additional treatment requirements; or

  • circumstances materially different from those originally described.

Where reasonably practicable, we will notify the customer before undertaking additional chargeable work.

A quotation is not a guarantee of a particular cleaning, stain-removal, restoration or repair result unless a specific written guarantee has been expressly provided.

3. PAYMENT – GENERAL RULE

Payment must be made in full and cleared before any completed rug is collected, delivered or otherwise released to the customer.

This requirement applies regardless of:

  • the type of rug;

  • the value of the rug;

  • the type of service;

  • the size of the rug;

  • whether the customer is a private customer or business;

  • whether the rug was cleaned, repaired, restored or treated; or

  • whether another person or organisation arranged the work.

Unless alternative payment terms have been expressly agreed by The Rug Guru in writing before the work is undertaken, no completed rug will be released on the basis of a promise to pay, pending bank transfer, payment screenshot or verbal assurance.

Payment is considered received when cleared funds have been received by The Rug Guru.

4. PAYMENT BEFORE COLLECTION OR DELIVERY

A completed rug will not normally be:

  • collected by the customer;

  • delivered to the customer;

  • handed to a third party on the customer’s behalf; or

  • otherwise released

until all amounts properly due for that job have been paid and cleared.

Where permitted by law, we may retain possession of a rug until the applicable outstanding charges have been paid.

This clause does not exclude or limit any rights or obligations that cannot legally be excluded or limited under New Zealand law.

5. ONSITE, INSTALLATION, UNDERLAY AND THIRD-PARTY SERVICES

For services that do not involve the release of a rug from our workshop, including:

  • onsite rug installation;

  • rug underlay supply;

  • non-slip material;

  • installation services;

  • delivery services;

  • pickup services;

  • onsite inspection;

  • onsite treatment;

  • travel and labour;

  • services performed at another person’s property; and

  • work arranged through a third party,

the invoice is normally due within 24 hours of the invoice being issued, unless a different payment period has been expressly agreed by us in writing.

Where the work is completed or supplied without a specific invoice date or payment date, the default payment period remains 24 hours from completion or supply of the service/material, unless otherwise agreed in writing.

6. THIRD-PARTY ARRANGEMENTS

Where a retailer, designer, insurer, property manager, contractor, business or other organisation requests or authorises The Rug Guru to perform work for its customer, client, tenant or another person:

the party that engages or authorises The Rug Guru is responsible for our charges unless we expressly agree otherwise in writing.

The fact that:

  • the work is performed at another person’s property;

  • the rug belongs to another person;

  • another person receives the benefit of the service; or

  • the engaging business has its own customer or client

does not automatically transfer responsibility for payment to that other person.

Any agreement between the engaging party and its own customer is separate from the agreement between The Rug Guru and the engaging party.

7. THIRD-PARTY UNDERLAY AND MATERIALS

Where The Rug Guru supplies underlay, non-slip material, backing material or other products at the request of a retailer, designer, business, contractor or other third party, the party that orders or authorises the supply is responsible for payment unless otherwise agreed in writing.

The person at whose property the material is installed is not automatically the contracting customer.

8. INVOICING

Invoices will normally be issued within 24 hours of completion, dispatch, delivery, installation or supply, as applicable.

For third-party work, invoices may be issued to the business or organisation that engaged or authorised the work.

The issuing of an invoice after completion does not waive or alter the payment terms established by these Terms.

Where an invoice does not specify a payment date, the default payment terms in these Terms apply.

9. OVERDUE ACCOUNTS

An account becomes overdue immediately after the applicable payment period has expired.

If an account becomes overdue, The Rug Guru may, subject to applicable law:

  • suspend further services;

  • cancel future bookings;

  • require payment before accepting further work;

  • withhold release of completed rugs where legally permitted;

  • charge applicable storage or additional service costs;

  • refer the account to a debt collection agency;

  • commence appropriate recovery proceedings; and

  • exercise any other lawful rights available to us.

A dispute raised after the payment due date does not automatically suspend payment of an amount that is not genuinely disputed.

10. DEFAULT INTEREST

Where permitted by law and where applicable to the relevant agreement, an overdue commercial account will attract default interest at 2% per month (24% per annum) on the outstanding amount.

Interest will accrue from the day after the payment due date until payment is received in full.

Interest will be calculated on the outstanding principal amount and may continue to accrue during the recovery process.

We will not charge interest where doing so would be prohibited by applicable law.

11. DEBT COLLECTION AND RECOVERY COSTS

If an amount remains unpaid after becoming due, The Rug Guru may refer the account to a debt collection agency, solicitor, debt recovery service or other lawful recovery provider.

Where the customer has agreed to these Terms and where permitted by law, the customer is responsible for the reasonable and legally recoverable costs incurred by The Rug Guru in recovering overdue amounts.

These recovery costs may include, where reasonably incurred and legally recoverable:

  • debt collection agency fees, commissions or charges payable by The Rug Guru;

  • reasonable solicitor or legal costs;

  • court, tribunal or filing fees;

  • tracing or skip-tracing costs;

  • reasonable administrative recovery costs; and

  • other reasonable costs directly incurred in recovering the overdue amount.

Where a debt collection agency or other recovery provider charges The Rug Guru a fee, commission or other recovery cost for recovering an overdue account, The Rug Guru may seek to recover that amount from the customer as an additional amount owing, to the extent that the cost is reasonable and legally recoverable.

Any such recovery costs are separate from and additional to the original invoice amount and any applicable default interest.

Referral of an account to a debt collection agency does not waive The Rug Guru’s right to recover the original debt, applicable interest and legally recoverable recovery costs.

Nothing in this clause permits The Rug Guru to recover any fee, charge, interest or cost that cannot lawfully be charged to the customer.

12. COMMERCIAL CUSTOMERS AND ACCOUNT TERMS

Our default payment terms apply to commercial customers unless different terms have been expressly agreed by The Rug Guru in writing.

Any request for:

  • 7-day terms;

  • 14-day terms;

  • 20-day terms;

  • 30-day terms;

  • account status; or

  • other deferred payment arrangements

must be approved by The Rug Guru in writing.

A customer cannot create credit terms simply by paying later or by stating that their own business normally operates on longer payment terms.

13. DISPUTED INVOICES

If you believe an invoice is incorrect, you must notify The Rug Guru promptly and provide the specific reason for the dispute.

A dispute should identify:

  • the invoice concerned;

  • the amount disputed;

  • the reason for the dispute; and

  • any supporting information.

Where only part of an invoice is disputed, the undisputed amount remains payable in accordance with the applicable payment terms.

14. WRITTEN APPROVAL AND ADDITIONAL WORK

Where additional work, materials, travel, labour or treatment is required beyond the original quotation, we may seek approval before proceeding.

Approval may be provided by:

  • email;

  • text message;

  • signed quotation;

  • purchase order;

  • written confirmation;

  • electronic acceptance; or

  • another documented method accepted by The Rug Guru.

Where urgent action is reasonably necessary to protect a rug or complete a service safely, we may take reasonable steps within the agreed scope and notify the customer as soon as practicable.

15. VERBAL INSTRUCTIONS

Verbal instructions may be accepted where appropriate, but The Rug Guru may request written confirmation of any material change to:

  • price;

  • scope;

  • treatment;

  • delivery;

  • installation;

  • payment terms; or

  • responsibility for payment.

Where there is a difference between a verbal instruction and a subsequent written confirmation, the written agreement will generally be relied upon as the record of the agreed instruction.

16. CANCELLATION

If a customer cancels a service after The Rug Guru has incurred reasonable costs, purchased materials, allocated workshop capacity, commenced work or undertaken labour, the customer may be responsible for reasonable charges already incurred, subject to applicable law.

Custom-made, specially ordered or specially prepared materials may be subject to additional cancellation conditions where those conditions have been disclosed and agreed.

17. PICKUP, DELIVERY AND ACCESS

Customers must provide accurate:

  • name;

  • telephone number;

  • email address;

  • property address;

  • delivery address; and

  • access information.

Customers must ensure safe and reasonable access for pickup, delivery and installation.

Additional reasonable charges may apply where additional time, travel or attendance is required because of:

  • failed access;

  • customer unavailability;

  • incorrect address information;

  • waiting time;

  • changed delivery instructions;

  • additional trips;

  • difficult access; or

  • circumstances attributable to the customer.

18. COLLECTION AND DELIVERY TIMEFRAME

Completed rugs should be collected or scheduled for delivery within 14 days of notification that they are ready, unless otherwise agreed in writing.

Where a rug remains in our possession beyond the agreed collection period, storage conditions or reasonable storage charges may apply where applicable.

Customers remain responsible for arranging timely collection or delivery.

19. STORAGE AND UNCLAIMED RUGS

The customer is responsible for collecting or accepting delivery of completed work within the agreed timeframe.

Where a customer fails to collect or accept delivery, The Rug Guru may, subject to applicable law:

  • charge reasonable storage costs where applicable;

  • arrange another delivery at additional cost;

  • require payment of outstanding amounts before release; and

  • take other lawful steps regarding unclaimed property.

We are not responsible for deterioration caused by prolonged storage where such deterioration results from circumstances outside our reasonable control.

20. CONDITION ASSESSMENT

Rugs may be inspected before treatment.

The customer acknowledges that rugs may contain conditions that are not immediately visible, including:

  • weakened fibres;

  • previous repairs;

  • structural deterioration;

  • unstable dyes;

  • previous chemical treatment;

  • backing or adhesive problems;

  • latex;

  • water damage;

  • moth damage;

  • mould;

  • contamination;

  • age-related deterioration; and

  • other hidden defects.

Cleaning, washing, repair or restoration may reveal or make existing conditions more visible.

21. FIBRE, DYE AND COLOUR BEHAVIOUR

Natural, handmade, antique and delicate textiles can respond unpredictably to treatment.

Possible changes include:

  • colour variation;

  • dye migration;

  • colour bleeding;

  • tonal changes;

  • texture changes;

  • pile changes;

  • shrinkage;

  • distortion; and

  • other changes associated with fibre, construction, dye, age and condition.

We use professional assessment and appropriate treatment procedures, but no cleaning or restoration process can guarantee a particular result unless expressly guaranteed in writing.

22. STAINS, ODOURS AND CONTAMINATION

Results from stain, odour and contamination treatment depend on factors including:

  • the substance involved;

  • age of the contamination;

  • fibre type;

  • dye stability;

  • construction;

  • contamination depth;

  • previous treatment; and

  • the condition of the rug.

Complete removal cannot be guaranteed unless expressly agreed in writing.

Customers must disclose known previous cleaning, chemical treatment or stain-treatment products where reasonably possible.

23. WATER, URINE, PET AND OTHER CONTAMINATION

Rugs affected by urine, pet contamination, flooding, water damage, mould or other contamination may have hidden deterioration.

The customer acknowledges that contamination can affect:

  • dyes;

  • fibres;

  • backing;

  • foundation;

  • adhesives;

  • odour;

  • structural integrity; and

  • long-term condition.

Treatment results will depend on the severity and duration of the contamination and the condition of the rug.

24. REPAIR AND RESTORATION

Repair and restoration are intended to improve structural stability and appearance.

Unless expressly agreed otherwise:

  • restoration does not mean returning a rug to new condition;

  • repairs may remain visible;

  • colour and fibre matching may not be exact;

  • existing damage may limit the achievable result; and

  • fragile or antique rugs may require treatment limitations.

25. UNDERLAY AND NON-SLIP PRODUCTS

Where we supply or install rug underlay, non-slip material or related products, performance may be affected by:

  • rug construction;

  • rug age;

  • rug condition;

  • flooring;

  • humidity;

  • temperature;

  • rug size;

  • rug shape;

  • existing backing;

  • adhesives or latex;

  • installation conditions; and

  • factors outside our reasonable control.

The customer acknowledges that underlay is intended to assist with stability and does not guarantee that a rug will never move, curl, wrinkle or change shape.

26. CUSTOMER DISCLOSURE OBLIGATIONS

Customers should disclose any known:

  • previous cleaning;

  • chemical treatment;

  • stain treatment;

  • repairs;

  • restoration;

  • water damage;

  • flooding;

  • urine or pet contamination;

  • mould;

  • moth damage;

  • latex;

  • glue;

  • backing;

  • structural weakness; or

  • other relevant condition.

Failure to disclose relevant information may affect treatment results and may increase the risk of unexpected outcomes.

27. LIABILITY

To the maximum extent permitted by New Zealand law, The Rug Guru is not responsible for deterioration, damage or changes arising from:

  • pre-existing structural weakness;

  • age;

  • normal wear;

  • defective construction;

  • unstable dyes;

  • previous treatment;

  • previous repairs;

  • unsuitable backing or adhesive;

  • hidden deterioration;

  • contamination;

  • customer-supplied information that is inaccurate or incomplete; or

  • circumstances outside our reasonable control.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or liability that cannot lawfully be excluded under New Zealand law.

28. PHOTOGRAPHS AND RECORDS

We may photograph rugs before, during and after treatment for:

  • condition assessment;

  • treatment records;

  • quality control;

  • insurance documentation;

  • dispute resolution; and

  • internal records.

Where photographs are intended for public marketing or advertising, we may seek appropriate permission where required.

29. CUSTOMER PROPERTY AND THIRD-PARTY PROPERTY

Customers must have authority to provide a rug or other property to us for treatment.

Where a third party owns the rug, the person engaging our services confirms that they have authority to arrange the requested service.

The Rug Guru is entitled to rely on instructions from the person or organisation that engages or authorises the service unless we have been notified otherwise.

30. INSURANCE AND INSURANCE-RELATED WORK

Where work is associated with an insurance claim, the customer or organisation engaging The Rug Guru remains responsible for our charges unless The Rug Guru has expressly agreed in writing to accept payment directly from an insurer or another party.

An insurance claim being pending, delayed, declined or disputed does not automatically cancel the payment obligation of the party that engaged us.

Any special payment arrangement involving an insurer must be confirmed in writing.

31. FORCE MAJEURE

The Rug Guru is not responsible for delays caused by circumstances beyond our reasonable control, including:

  • flooding;

  • severe weather;

  • fire;

  • transport disruption;

  • power interruption;

  • supply interruption;

  • industrial action;

  • government restrictions;

  • natural disasters; or

  • other circumstances beyond our reasonable control.

32. SERVICE AREA

The Rug Guru provides services across:

  • Central Auckland

  • North Shore

  • East Auckland

  • South Auckland

  • West Auckland

Services outside Auckland may be provided by arrangement and may involve additional transport, courier or travel charges.

33. COMMUNICATIONS

Customers are responsible for providing accurate contact information.

Where appropriate, communications may be sent by:

  • email;

  • telephone;

  • text message;

  • quotation;

  • invoice; or

  • other agreed electronic communication.

Customers should notify us promptly if their contact details change.

34. RECORDS AND EVIDENCE OF AGREEMENT

The Rug Guru may retain quotations, invoices, emails, text messages, photographs, payment records, job records and other documentation relating to a service.

These records may be used to establish:

  • the scope of work;

  • price;

  • instructions;

  • approvals;

  • payment terms;

  • delivery;

  • completion; and

  • other matters relating to the service.

35. PRIVACY

Customer information will be handled in accordance with applicable New Zealand privacy requirements.

Information may be shared with service providers where reasonably necessary to provide the service or recover amounts lawfully owed, including payment providers, couriers, accountants, debt collection agencies, solicitors and other professional advisers.

36. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The Terms applicable to a particular job are the version that was properly provided to or incorporated into the agreement with the customer when the service was accepted or agreed.

A later change to these Terms does not retrospectively alter an existing agreement unless the parties expressly agree to the change.

37. SEVERABILITY

If any provision of these Terms is found to be invalid, unenforceable or unlawful, that provision will be interpreted or limited to the extent necessary, and the remaining provisions will continue to apply to the extent permitted by law.

38. GOVERNING LAW

These Terms are governed by the laws of New Zealand.

Any disputes shall be handled under New Zealand jurisdiction.

FINAL NOTE

  • By engaging our services, the customer confirms acceptance of these Terms & Conditions in full.
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