The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
The only place where we are using low voltage are in the showers.
Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
Goods supplied in accordance with the buyer’s order can only be returned with the express approval of the seller.
In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.
For the cans, we went with some pretty standard Lightolier 4 and 5 inch enclosures which aren’t worth discussing much. All of them point straight down now but we’ll be replacing several with pointable eyeball-style ones to direct light more dramatically at a few walls.
Once the seller has confirmed acceptance of the buyer’s order, the seller will endeavor to dispatch the buyer’s order within 5 – 10 business days after receiving full payment, unless a different time-frame is specified in relation to a particular product. Orders will not be release or shipped until full payment has been made. If the seller is unable to dispatch the buyer’s order within the time frame specified the seller will endeavor to contact the buyer and advise the buyer of the expected dispatch date.
Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller.
Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products.
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
Under the Consumer Guarantees Act the Seller is not required by the law to offer a refund if the Buyer decided they do not want the goods anymore after the purchase. The Act only applies when the goods do not meet one of the guarantees. Each return case under this circumstances will be looked at individually by the Seller to decide whether to accept the return or decline.
Creative lighting solution in the Great Room . . . adds drama and sure beats recessed cans.
sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby; not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller; give the seller not less than 14 days prior written notice of any proposed change in the buyer’s name and/or any other change in the buyer’s details (including but not limited to, changes in the buyer’s address, facsimile number, or business practice); and immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales. Unless otherwise agreed to in writing by the seller, the buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA
Sconce lighting also hides your bulbs from view but within a wall mounted fixture instead of behind a ledge. Sconces are more popular in traditional interior design than modern interior design but there are some great examples of how they can be used even in the most modern of settings.
The seller reserves the right to levy a restocking fee against any returns the seller may agree to accept. Such fees may be up to 25% of the invoice priced and levied at the seller’s absolute discretion.
The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
As much as I like both of these forms of indirect lighting, we didn’t end up using them in the house. The clean, minimalist lines of the house just seemed like a better fit for recessed can lights and hanging pendants. This strategy provided us a cost-effective way of lighting most of the areas (cans) and a decorative, changeable option for selected areas like the kitchen, dining room, and great room (pendants).
Since all stages of construction are now documented, it’s time to start writing the wrap-up posts. There will probably be a couple of them. First up: a breakdown of the final costs. That will be coming shortly. I also need to stitch together the final time lapse. Soon.
Adrian: Bought a 14 foot platform ladder for that. Climbing it is not for the squeamish.
Wow, boxes.jpg is great! I think that is from an upper level, maybe where you step out of the bedroom in the morning. That’s a nice view over the lake. 🙂
Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received. Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition. No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.
An exception of this returns policy is goods that have been specifically indented for the buyer, which are not returnable.
Although the seller has endeavored to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.
Beautiful. But I’ve gotta ask: what’s the plan for changing the light bulbs for those short ceiling-mounted lights in the great room? Would a standard ladder even reach those?
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then;
Thanks Mike. I’ll talk with my wife and see how she feels. It may be a bit more modern than what we’re looking for but I imagine they are flexible. I’m impressed by how close they stuck to the budget and essentially got you more than you wanted. That says a lot.
The seller may cancel the buyer’s order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 25% of the price.
To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
This is Cody Mast. Cale told me about your blog and said my wife and I should see what you’ve done. I’m exactly the type of person you created this blog for, so a big thank you from both of us! We are in the beginning of a custom build in North Bend and I’m about as green as you get when it comes to new construction. Congratulations on your beautiful home and great blog. It will be very helpful and I am sure I will revisit often!
For the dining room, we went with three LBL Lighting Cypree Small Pendants because they looked elegant and didn’t obscure the view from the front door through the dining room window. While these look ok, we aren’t thrilled with them because they don’t light up the ceiling in the dining room enough. Since we don’t have any cans in the dining room, we really need a fixture that will radiate light in all directions, so sadly, these are probably going to have to be replaced. We are currently looking for a light that fits the bill so if any come to mind, let me know.
The seller reserves the right to dispatch the buyer’s order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed.
These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).
Modifications and improvements to the seller’s products are constantly being made.
Any condition contained in the buyer’s order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 25% of the price. Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship;
Costs accrued during this stage:Four kitchen pendants (lightingsale.com)$207.00Three George Nelson Criss Cross pendants (ylighting.com)$1,077.00Longer cords for Nelson Balls (Seattle Lighting)$26.008 Lite Source LS-19147 Olwen 3 Light Pendants (lightingsale.
com)$835.00LBL Lighting Cypree Small HS463 Dining Room pendants (Arcadian Lighting)$801.00
Any refunds (at the sellers discretion) will be refunded in the form of the original payment method used by the buyer.
The buyer may specify delivery instructions for an order (for example, the buyer may authorize the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.
Where goods are accepted (for credit or refund at the sellers discretion) they must be delivered at the buyer’s expense into the seller’s store or warehouse in original condition and packaging. Returned products are the buyer’s responsibility until they reach the seller. The seller shall not be responsible for misdirected shipments or products lost or damaged in transit.
All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavor to notify the non-availability on this website, or remove the product from display. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Cove lighting is a style of lighting that conceals the entire light fixture behind a ledge in the wall such that you only see the reflection of the light on the walls and ceiling but never the light itself. It’s a warm, subtle effect that gained popularity in midcentury design and can still be seen in modern projects today.
I again thank you for all the wonderful information you have here..
Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.The seller may vary any prices on the seller’s website at any time and without notice to the buyer.
Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
Requests to return goods must be submitted within 7 days from the date of shipping and the original invoice number must be quoted.
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchant-ability, or fitness for a particular purpose.
What will happen with this blog once you’re finished documenting the process? I think it’s a great resource for people who are entertaining the idea of having a custom home designed/built. Will you be keeping it in place as a reference for people?
In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit the purchaser’s rights under the Act.
What’s up Cody! Congrats on the new project. My experience was 99% positive so I wish you the same luck on yours. I definitely recommend talking to Build if you haven’t picked a contractor or architect yet.
The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
For the dining room and kitchen, however, we were much less confident. Because we had to purchase the lights before the cabinets, floors, appliances, and furniture were in, it was a big leap of faith to purchase anything. We comprehensively scoured several major online lighting sites (with tens of thousands of items each) as well as visiting some local lighting stores. After weeks and weeks of combing, we settled on a short list (!) of about 15 fixtures for the kitchen and 15 for the dining room. We then sent the list over to team Build for their expert opinions and they whittled the list down to a few for us.
Even with the comprehensive searching and comprehensive whittling, we felt there was a good chance we wouldn’t love our choices after the rest of the house came together so we did the safe thing: we picked relatively safe, inexpensive choices from the list knowing we might replace them soon. The choice for the kitchen was four Lite Source Ethel Transitional Pendants because they matched the wenge cabinets nicely. At $57, these were a steal and ended up working out great.
Finally, we come to the final post on this blog that involves a stage of the project and the expenses associated with it. Whew!
Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD).
At the termination of the appropriate period (IE guarantee period) all liability on the seller’s part ceases.
The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
LOVE LOVE LOVE your house and your blog…. but I gotta say, the great room looks a little busy with all those fixtures. The Nelsons seem less special, somehow. If it were me, I’d take down the 4 in the middle and replace them with cans, then use those 4 grouped together (in a row or a square) in your dining room, maybe?
Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
If you do not pay any money owed when due, you will be obliged to pay any collection cost incurred by Lighthouse Nelson (including debt collector and legal fees on a solicitor-client basis).
If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action.
The buyer may request a quote from the seller by completing and submitting the quotation process on the seller’s website or in store. The buyer must provide all required information or the seller may not be able to process the buyers request.
Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
Cameron: Absolutely. That’s the primary reason I am doing this… to help others in similar situations. It will stay up forever.
‘The buyer’ refers to any legal entity purchasing from the seller.
Sorry it took me a while to get back, so we finally went with line voltage halogens everywhere. Used mostly WAC 5″ and 4″ recessed cans.
All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.
These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
Any claim or dispute arising here-under shall be subject to arbitration in accordance with the Arbitration Act 1996.
I would like to ask regarding the can lighting, did you go with low voltage Halogens or line voltage Incandescent bulbs? I am at the point of deciding on the lighting and thinking about halogens, but they run pretty hot. what suggestions you received and the pros and cons associated.
To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.
Ashish: I’m not sure why you’d go with low voltage unless you wanted really tiny lights. With line voltage, you have a ton of choices and don’t need additional transformers.
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
The seller’s website, the information on it and any information in emails and other forms of advertisement constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
Where the seller accepts the buyer’s order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
Finally, if you’re looking for the best places online to look for lighting, my vote goes wholeheartedly to LightingSale.com. Their selection is fantastic, their prices are almost always the cheapest, they ship quickly and inexpensively, and their service is great as well. Two thumbs up. We also ordered lighting from Arcadian and YLighting and had good experiences. In general, however, LightingSale.com takes the cake.
For the pendants, we had three areas to outfit: the great room, the dining room, and the kitchen. Fortunately, we found these George Nelson Criss Cross lamps right away and ordered three of them to hang low in the great room. To light the ceiling in the great room, we went with eight fairly cheap Lite Source Olwen Contemporary 3 Light Pendants. We felt fairly confident in our choices for the great room so dropping $2000 and change for the 11 fixtures was not a huge deal.
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
I came into this construction project liking one type of lighting above all others: indirect lighting. Indirect lighting usually comes in two flavors: cove lighting and sconce lighting.
Mike, you have done an amazing work by publishing entire home construction details so meticulous with photos shared through dropbox folders. Thanks & appreciate your entire approach & details shared helping all of us.