Navy Blue Stucco-Finish Flat Sandwich Panel

TERMS AND CONDITIONS OF TRADE

MAGIXITY TRADING LIMITED

1. General & Scope

• 1.1 These Terms and Conditions apply to all sales of goods, supply of bulk building materials (including but not limited to structural components, wall panels, roof tiles, cladding, and decorative panels), and any associated services provided by Magixity Trading Limited (the "Company") to any customer (the "Buyer") in New Zealand.

• 1.2 If the Goods/Services are acquired for personal or household use, nothing in these terms limits the Buyer’s rights under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA).

2. Quotations, Ordering & Material Specifications

• 2.1 All prices quoted by the Company are subject to variation prior to order confirmation due to fluctuations in exchange rates, international shipping, or raw material costs.

• 2.2 BUYER TO VERIFY QUANTITIES: For all building materials, paneling, and structural components, the Buyer is solely responsible for verifying the accuracy of all quantities, cutting lists, dimensions, thickness, and colors specified in the invoice prior to payment. The Company accepts no liability for shortages or incorrect sizes resulting from incorrect measurements provided by the Buyer or their contractors.

• 2.3 BUILDING COMPLIANCE: The Buyer is solely responsible for ensuring that the products ordered (including wall panels, structural parts, and cladding) comply with the New Zealand Building Code and are fit for the Buyer’s specific project application. The Company provides no guarantee regarding local engineering sign-offs or council approvals for specific structural uses.

3. Payment Terms & Deposit Policy

• 3.1 50% NON-REFUNDABLE DEPOSIT: For all custom orders, indent orders, prefabricated units, or bulk material imports, the Buyer must pay a 50% deposit of the total quoted price to confirm the order and initiate production or stock allocation. Once paid, this deposit is non-refundable, including in cases where the Buyer unilaterally cancels the order.

• 3.2 BALANCE PAYMENT: The remaining 50% balance plus any applicable delivery, freight, or installation fees must be paid in full and cleared in the Company's designated bank account prior to the dispatch or delivery of Goods from the warehouse.

4. Delivery, Risk, and Title

• 4.1 Risk of loss or damage to the Goods passes to the Buyer upon delivery to the specified site, or immediately when the Goods are collected from the Company’s warehouse by the Buyer or the Buyer's nominated carrier.

• 4.2 INSPECTION UPON RECEIPT: The Buyer must inspect all building materials, panels, and components upon delivery. Any claims for transit damage, shortage, or defects must be notified to the Company in writing within 48 hours of delivery, accompanied by photographic evidence, and prior to any installation or modification.

• 4.3 Title (legal ownership) of the Goods does not pass to the Buyer until Magixity Trading Limited has received payment in full for all Goods and Services provided.

5. Warranty & Liability Limits

• 5.1 The Company warrants that the goods supplied will be free from material manufacturing defects for a period of 12 months from the date of delivery, subject to normal and intended use, and professional installation. This warranty does not cover fading, minor superficial scratches, or damage caused by improper storage or installation by non-professionals.

• 5.2 The Company’s maximum liability under any claim shall be limited to the cost of repairing or replacing the defective goods, or a refund of the purchase price, at the Company's sole discretion. The Company is not liable for any consequential losses, labor costs for removing/re-installing materials, or business interruption.

SPECIAL CONDITIONS FOR PREFABRICATED UNITS & SITE INSTALLATION

6. Absolute Council Compliance Disclaimer

• 6.1 NO COMPANY LIABILITY: Magixity Trading Limited acts strictly as a trading supplier and structural installer of prefabricated modular units. The Company does NOT accept any responsibility or liability for obtaining, managing, or complying with any Building Consents, Resource Consents, or zoning regulations required under the New Zealand Building Act 2004 or local council bylaws.

• 6.2 BUYER’S SOLE RESPONSIBILITY: It is the Buyer’s absolute and sole responsibility to consult with their local District or City Council prior to purchase, to determine whether their specific site, size selection, and intended use require legal consent or are exempt. Failure to obtain council approval shall not be grounds for an order cancellation or a deposit refund.

• 6.3 INDEMNITY: The Buyer agrees to fully indemnify Magixity Trading Limited against any fines, penalties, dispute costs, legal fees, or council-ordered removal/demolition costs arising from a lack of proper council approvals or non-compliance.

7. Site Preparation & Access

• 7.1 For any goods requiring structural assembly or positioning on-site, the Buyer must provide a clear, level, and solid foundation (e.g., concrete pad, pile foundation, or compacted hardstand) prior to the scheduled installation date.

• 7.2 The Buyer must ensure clear, unobstructed, and safe access for heavy vehicles (such as hiab trucks or cranes) to deliver and position the units. If installation is delayed or aborted due to inadequate site preparation, unsafe access, or council intervention, the Buyer will be liable for all additional transport, storage, and labor re-booking fees.

8. Structural Installation & Service Connections

• 8.1 The Company’s standard installation service covers the physical structural assembly of the prefabricated units only.

• 8.2 Electrical & Plumbing: Final connection to mains power, water supply, and sewage lines must be carried out by New Zealand Registered Electricians and Plumbers, arranged and paid for entirely by the Buyer in accordance with New Zealand safety regulations.