Customer means the individual or entity that buys or agrees to buy Goods and Services from N‑Hance and the Installer.
Contract means the contract between the Installer and the Customer for the sale and purchase of Goods and Services incorporating these Terms and Conditions. The Contract may be either verbal or written.
Franchisee means an independent person or entity who has entered into a Franchise Agreement with N-Hance to provide Services to Customers.
Goods means the range of products used in the N-Hance process for wood cleaning, coating, protection and other wood care and renewal products and services for wood flooring, cabinetry, trim and other wood furnishings as determined by N-Hance from time to time.
Installation means the installation and application of the Goods by the Installer at a particular Site for a particular Customer.
Installer means the person or entity who carries out the Services as a Franchisee.
Major Failure means a failure as defined by Australian Consumer Law.
N-Hance means N-Hance Australia Pty Ltd ACN 615 517 121, the independent franchisor of the N-Hance Franchise System operating in Australia.
Services means the installation of the Goods by the Installer.
Terms and Conditions means the terms and conditions of sale set out in this document, and any further special terms and conditions agreed in writing between the parties.
Warranty Period means the period 3 (three) years from installation/application of the work, unless otherwise agreed writing.
The provisions of the Australian Consumer Law shall prevail over the provisions of these Terms and Conditions, should there be any conflict. These Terms and Conditions shall apply to all Contracts for the sale of Goods and/or provision of Services by the Installer to the Customer, and shall prevail over any other documentation or communication from the Customer.
Acceptance of delivery of the Goods and Services shall be deemed conclusive evidence of the Customer’s acceptance of these Terms and Conditions.
- ORDERING, PRICE AND PAYMENT
- The Services are only available for purchases of Goods supplied by N-Hance and installed by the Installer. All orders for Goods and Services shall be deemed to be an offer by the Customer to purchase the Goods and Services pursuant to these Terms and Conditions and are subject to acceptance by the Installer. The Installer may choose not to accept an order for any reason.
- Full payment is due and payable by the Customer to N-Hance (who has been appointed (pursuant to an agreement between N-Hance and the Installer) to collect monies owed by the Customer to the Installer) on completion of the Services unless agreed in writing to the contrary by the Installer. If the Customer fails to pay any amount due under these Terms and Conditions within a period of ninety days from the date on which payment becomes overdue, N-Hance may report the payment default to a credit-reporting/collection agency and add the collection costs to the amount owed by the Customer.
- CUSTOMER PREPARATION
Unless agreed otherwise, the Customer must have floors and/or benchtops cleared prior to the Installer attending. The Installer will need access to electricity and water. Pets should be kept off a floor for 3 days after the job is done. Furniture may be replaced 24 hours after job completion. Socks only should be worn on a wooden floor for 2 days after job is completed. Otherwise, the Lightspeed® UV finish allows for immediate use of the surface.
- STANDARD SCOPE OF SERVICES
Unless otherwise noted:
- Cabinet Renewal – includes fronts, backs, end caps, exposed face frames and baseboards/trim attached to the cabinets being renewed. We do not treat the INSIDE of the cabinet boxes. Unless noted, we do NOT sand down or strip wood surfaces.
- Floor Renewal – includes filling gaps/cracks and re-staining bare areas, then finishing the floor with N-Hance patented sealers and finishes.
- Floor Sand and Refinish – we will arrange for the floor to be sanded and stained to your choice of stain colours on the first day. On the second day we will seal the floor with 2‑3 coats of sealer, burnishing between coats as needed. The final top coat of finish will then be applied. Some dust may be expected in the sanding service.
- Cabinet Colour Changes include the same areas as cabinet renewals. Surface to be prepared, worn areas to be re-coloured and a sealer coat applied. Then the tinted finish will be applied either by hand, or by sprayer, clear coats of finish will be applied last.
- Other items such as doors, windows, handrails and baseboards must be noted to be included in an estimate; otherwise they may be added at additional cost.
- PRICE GUARANTEE
The price the Installer estimates is fixed for the life of the estimate (6 months) with the following exceptions:
- Extra work desired may be added to an existing estimate at an agreed price PRIOR to the work being done.
- Undisclosed or not readily apparent issues with the wood surface such as wax, acrylic polishes and other residue leaving products may result in an additional service charge. Again, any changes to the original estimate will be agreed upon by both N-Hance and the customer prior to work being done. Such items may prevent the Installer from completing the originally quoted works. In the event this occurs, the price is no longer fixed, the Installer is not liable for rectification and contracted works may be rescinded.
- GOODS AND SERVICES WARRANTY
- N-Hance warrants that the Goods will be free from defects in materials and manufacture and the Installer warrants that the Services will be performed with due care and skill, both for the Warranty Period from when the Services are completed. If within the Warranty Period any defect in craftsmanship develops such as flaking, peeling, stain fading, major drips or missed areas N‑Hance or the Installer will return and correct the issues at no additional charge. Your satisfaction is our highest priority. Pre-existing damage is not covered under this warranty. This warranty is only available to accounts paid in full. Low cost touch up and maintenance services are also available in the event that your woodwork is dinged, damaged or wears out over time.
- For warranty service contact the Installer during the Warranty Period using the contact details on the Installer’s invoice.
- The Warranty that applies to the Goods is the responsibility of N-Hance. The Warranty that applies to the Services is the responsibility of the Installer.
- N-Hance shall be required to rectify free of charge any failure of the Goods, during the Warranty Period. The Installer shall be required to rectify free of charge any failure of the Services, during the Warranty Period.
- In the event that N-Hance or the Installer, while determining the cause of the failure of the Goods or Services, determines that the cause of the failure was due to something or someone other than any problem with the quality and effectiveness of the Goods or the proper provision of the Services, neither N-Hance or the Installer will be liable for any repairs, replacements, refunds, or compensation for any loss or damage under the Warranty.
- In the circumstances described above the Customer will pay N-Hance and/or the Installer the cost of providing such services as were required to determine the actual cause of the failure, and N-Hance and/or the Installer will not be responsible for the replacement of any covering materials.
- In the event that it is determined that the circumstances described above apply, N-Hance and/or the Installer will provide the Customer with an estimate of the cost of repair of the Goods and Services, and in the event that the Customer requests N-Hance or the Installer to undertake the repairs, then the Customer accepts full responsibility for the payment to N-Hance for the cost of such repairs.
- Because of the susceptibility of the Installation to damage by third parties or by exposure to the sunlight or weather after installation (as described in Limitation of Liability), N-Hance and/or the Installer reserve the right to inspect the Installation to investigate causation if a claim under the Warranty has been made.
- If a claim has been made under the Warranty, and the Claimant/Customer:
- has failed to advise N-Hance or the Installer in writing of the failure of the Goods or Services within a reasonable time (that is, within 45 days of becoming aware of the said failure) thereby impeding N-Hance and/or the Installer from properly and expeditiously investigating the failure, or
- undertakes any non-urgent or non-essential repairs to the Installation that may destroy evidence of causation or may impede subsequent investigation by N-Hance or the Installer, or
- refuses to allow N-Hance or the Installer reasonable and timely access to the site (that is, within 30 days of advising N-Hance or the Installer of said failure) to investigate causation of the failure,
then the Warranty is void, and neither N-Hance nor the Installer will be liable for any repairs under the Warranty.
- The benefits given by this warranty are additional to other rights and remedies that you may have under any laws in relation to the Goods and Services. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- LIMITATION OF LIABILITY
- All terms, conditions or warranties that may be implied into these Terms and Conditions; statutory or otherwise, relating to the supply of the Goods and Service are excluded to the fullest extent permitted by law.
- A colour change will change the look and feel of the wood surface as well as that of the room or house. A fan deck colour sample from our paint range must be completed by an N-Hance Installer PRIOR to the job for you to approve and sign off. We will match to that approved fan deck colour sample as agreed. Natural variations in colour may occur from an original fan deck colour sample as agreed on, this can be due to the room/s lighting, however we shall ensure all efforts will be made to match the colour you have requested. If upon completion of colour change you are unsatisfied with the colour, tone or shade of the wood surface and it matches the fan deck colour sample from our paint range as agreed, N‑Hance will not be responsible for altering the colour change without additional charge. If there are issues with the application of our finish (flaking, peeling, bubbling) N-Hance will repair the damage free of charge. Colour changes may also produce a small amount of dust. N-Hance will take steps to prevent as much dust as possible and will clean the area after the job is done.
- Some scratches, gouges, imperfections, dings, cracks, watermarks, pet stains, high heel marks, sun fading and other wood surface damage may still show despite our best efforts to fix or camouflage these damaged areas. Imperfections (such as those mentioned) may still be visible after completion of the works, depending on the type of services completed. Although all efforts are made to minimise these as reasonably practical, this may not always be achievable.
- The liability of N-Hance and the Installer for breach of any term, condition or warranty or under any remedy implied by law (which cannot be excluded) or as expressly set out in these terms and conditions is, to the extent permitted by law:
- limited at the option of N-Hance to the repair or re-supply of the Goods or the payment of the cost of having the Goods re-supplied;
- limited at the option of the Installer to the re-supply of the Service or the payment of the cost of having the Service re-supplied; and
- reduced to the extent that such liability is caused by negligent acts or omissions by the Customer, or a breach by the Customer of these Terms and Conditions.
- To the extent permitted by law, N-Hance and/or the Installer do not have any liability to the Customer or to any other person for:
- the acts or omissions of any other entity, including any third party;
- faults or defects in the Goods or Services which are caused by the conduct of the Customer or any third party;
- any loss of revenue, profits or anticipated savings, loss of data, loss of bargain, other economic loss of any kind, damage to reputation or for any form of indirect or consequential loss, or special or penalty damages, whether in respect of negligence or other tort, breach of contract, equity or otherwise, arising out of or in connection with the provision of the service or these Terms and Conditions.