2.1 Headings are inserted for convenience and shall not affect the construction of this contract. The singular includes the plural and vice versa. Persons includes incorporated and unincorporated entities. Words referring to one gender include the other.
2.2 If any provision of this contract shall be invalid or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
2.3 This contract shall be subject to the laws and statutes of New Zealand and subject to the jurisdiction of the court geographically closest to the physical address of VidaSpace’s Levin warehouse at 20 Roe Street, Levin.
2.4 VidaSpace may sub-contract any part of this contract. No sub-contractor has any authority to agree to any variation of this contract on behalf of VidaSpace.
2.5 VidaSpace’s failure or delay in exercising or enforcing any right it has under this contract shall not operate as a waiver of VidaSpace’s rights to exercise or enforce such rights or any other rights in the future.
2.6 VidaSpace may, at any time vary or replace these terms and conditions and it will be a condition of us continuing to supply Goods to you that you agree to these terms. Any payment you make to us after receiving any new terms from us shall be deemed acceptance of the new terms.
2.7 These terms of trade are to be read in conjunction with any quotes and invoices issued by us and
2.8 Any waiver of these terms and conditions by VidaSpace must be made in writing.
2.9 You may not assign all or any of your rights or obligations under this contract without the written permission of VidaSpace.
2.10 VidaSpace shall not be bound by any error or omission made by VidaSpace on any invoice, quotation, estimate, or any other document issued by VidaSpace.
2.11 You shall notify VidaSpace of any intention to cease trading and/or of any change in your name and/or contact details by giving at least seven (7) days’ notice in writing prior to any such events taking effect.
2.12 If the buyer is more than one person then each buyer is jointly and severally liable under this agreement with us.
2.13 VidaSpace has made every effort to ensure that all displays and photographs of their goods are true to colour including on their website and in their showrooms, however VidaSpace cannot guarantee that the product will be exactly as represented and the goods may vary slightly due to the nature of the goods and lighting in photographs and the display room, and you acknowledge that you understand this.
2.14 Due to the nature of the goods being wood based goods you accept that VidaSpace cannot guarantee:
(a) the moisture content of the goods and variation from batch to batch will occur;
(b) the profile of the goods will vary slightly from batch to batch; and
(c) the colour and consistency of the goods will vary slightly as outlined in Clause
2.15 but also due to fading over time and exposure to sunlight.