Effective Date: May 2025
These Terms and Conditions govern all quotations, orders, sales, deliveries, services and transactions between House of Forbes Limited (“House of Forbes”, “we”, “our”, “us”) and the Customer (“you”, “your”).
By placing an order, accepting a quotation, establishing a trade account, purchasing goods, engaging services, or using our website, you agree to these Terms and Conditions.
IMPORTANT NOTICE
INDENT, CUSTOM-MADE AND SPECIAL ORDER PRODUCTS ARE NON-CANCELLABLE, NON-RETURNABLE AND NON-REFUNDABLE ONCE THE ORDER HAS BEEN PLACED WITH THE MANUFACTURER.
Customers should carefully review all specifications, quantities, finishes and dimensions prior to confirming any Indent Order or Custom Order.
1. DEFINITIONS
Goods means all furniture, lighting, artwork, homewares, accessories, custom-made products, indent products and any other products supplied by House of Forbes.
Services means all design, consulting, specification, procurement, project management, installation coordination and logistics services supplied by House of Forbes.
Customer means any individual, trust, partnership, company or other entity purchasing Goods or Services from House of Forbes.
Quotation means a written quotation issued by House of Forbes.
Indent Order means any product sourced, manufactured or procured specifically for a Customer and not generally carried as stock.
Custom Order means any product made, modified or finished to the Customer’s specifications.
PPSA means the Personal Property Securities Act 1999.
2. APPLICATION OF TERMS
2.1 These Terms apply to all Goods and Services supplied by House of Forbes.
2.2 These Terms prevail over any terms and conditions proposed by the Customer unless expressly agreed in writing.
2.3 Any variation to these Terms must be agreed in writing by House of Forbes.
2.4 House of Forbes may update these Terms from time to time and the version in force at the date of ordering shall apply.
3. QUOTATIONS
3.1 Quotations are valid for 30 days unless otherwise stated.
3.2 House of Forbes may withdraw or amend any quotation prior to acceptance.
3.3 Quotations are based upon supplier pricing, freight costs, exchange rates and other costs applicable at the date of issue.
3.4 House of Forbes reserves the right to revise pricing where supplier costs, freight charges, duties, tariffs or exchange rates change before order confirmation.
4. ORDERS
4.1 All orders are subject to acceptance by House of Forbes.
4.2 No contract shall exist until:
- House of Forbes confirms acceptance in writing;
- Goods are dispatched; or
- Services have commenced.
4.3 House of Forbes reserves the right to refuse or cancel any order before dispatch.
4.4 Product colours, finishes and materials may vary slightly from samples, catalogues, photography and display items.
5. INDENT ORDERS AND CUSTOM ORDERS
5.1 An Indent Order includes any product that is:
- specially manufactured;
- custom made;
- made to the Customer’s specifications;
- sourced specifically for the Customer; or
- not held as House of Forbes stock at the time of ordering.
5.2 A deposit equal to 50% of the total order value is required before any Indent Order or Custom Order is placed with a manufacturer or supplier.
5.3 Once an Indent Order or Custom Order has been confirmed by the Customer and placed with the manufacturer or supplier, the order becomes:
FINAL IRREVOCABLE NON-CANCELLABLE
5.4 The Customer acknowledges that:
- goods are being manufactured or procured specifically for them;
- House of Forbes immediately becomes committed to overseas suppliers;
- House of Forbes incurs production, freight, customs, warehousing and administrative costs;
- such products cannot ordinarily be resold to another customer.
5.5 Accordingly, Indent Orders and Custom Orders:
- cannot be cancelled;
- cannot be amended;
- cannot be postponed;
- cannot be exchanged;
- cannot be returned;
- cannot be credited; and
- cannot be refunded.
5.6 This applies regardless of:
- change of mind;
- designer changes;
- architect changes;
- client changes;
- budget reductions;
- project cancellation;
- delayed construction;
- consent issues;
- delayed shipping;
- delayed manufacturing;
- financing issues; or
- any other circumstance beyond House of Forbes’ control.
5.7 If a Customer purports to cancel an Indent Order or Custom Order after placement with the supplier, House of Forbes shall be entitled to immediately invoice and recover:
- the full outstanding balance;
- freight charges;
- supplier charges;
- customs costs;
- duties;
- taxes;
- storage charges;
- legal fees; and
- any other associated costs.
5.8 Full payment is due within seven (7) days of House of Forbes advising that Goods have arrived in New Zealand, irrespective of whether delivery is requested.
5.9 House of Forbes may charge storage fees where Goods remain uncollected or delivery is delayed more than seven (7) days after arrival.
6. PRICING
6.1 All prices are in New Zealand Dollars.
6.2 Prices are exclusive of GST unless stated otherwise.
6.3 Pricing errors may be corrected at any time prior to dispatch.
6.4 Freight, installation and handling charges are additional unless specifically included.
7. PAYMENT
7.1 Trade account invoices are payable within seven (7) days unless otherwise agreed.
7.2 House of Forbes may require payment in advance.
7.3 If payment is overdue, House of Forbes may:
- suspend deliveries;
- suspend services;
- withdraw credit;
- refuse future orders.
7.4 Interest may be charged on overdue amounts at 15% per annum calculated daily.
7.5 The Customer shall pay all costs incurred by House of Forbes in recovering overdue monies, including:
- debt collection fees;
- legal fees;
- court costs;
- enforcement costs.
8. DELIVERY
8.1 Delivery dates are estimates only.
8.2 House of Forbes is not liable for delays caused by:
- manufacturers;
- freight providers;
- customs agencies;
- labour shortages;
- supply chain disruptions;
- circumstances beyond our control.
8.3 When we quote delivery prices there are standard B2B deliveries and are offered at the best rates we can source, they are a basic delivery that is not a white glove delivery. White-glove delivery and direct-to-client delivery may attract additional charges and must be requested by client.
8.4 The Customer must inspect Goods immediately on delivery. Only signed received in good contition if the goods have been inspected. If you sign for goods received in good condition it harder to process a claim if there is damage so inspect thoroughly.
8.5 Damage, shortages or discrepancies must be reported within three (3) calendar days with supporting photographs. On receipt of the claim information we will submit a claim with the carrier. Once the carrier completes the claim and rules then House of Forbes will process the claim if required.
8.6 Missed deliveries may incur redelivery fees.
8.7 Authority to Leave (ATL)
Where the Customer, the Customer’s agent, contractor, designer, homeowner, project manager, recipient or end client instructs a carrier to leave Goods unattended, without a signature, outside a premises, or otherwise authorises an “Authority to Leave” delivery, delivery shall be deemed completed at the time the Goods are left by the carrier.
8.8 Transfer of Risk Following Authority to Leave
Where an Authority to Leave has been provided, all risk in the Goods shall immediately pass to the Customer and House of Forbes shall have no responsibility or liability whatsoever for any loss, theft, damage, weather exposure, deterioration, misplacement or disappearance of the Goods occurring after delivery.
8.9 Freight Claims Following Authority to Leave
The Customer acknowledges that where an Authority to Leave has been granted, the carrier’s freight insurance and delivery guarantee rights may be limited or excluded. House of Forbes shall not be responsible for pursuing, funding or settling any claim relating to Goods delivered under an Authority to Leave instruction.
8.10 Customer Responsibility for End Clients
Where House of Forbes is instructed to deliver Goods directly to an end client, homeowner, project manager, builder, contractor or any other third party, any instruction, approval, authorisation or waiver given by that recipient shall be deemed to have been given with the full authority of the Customer and shall be binding on the Customer.
8.11 No Claim Against House of Forbes
No claim for replacement, repair, credit, refund, compensation or reimbursement shall be accepted by House of Forbes where loss, theft or damage occurs after an Authority to Leave instruction has been given or accepted by the Customer, the Customer’s agent, designer, contractor, homeowner, recipient or end client.
8.12 Inspection Upon Delivery
Where Goods are delivered under an Authority to Leave arrangement, the Customer shall be responsible for inspecting the Goods immediately upon receipt and notifying House of Forbes in writing of any transit damage within three (3) calendar days of delivery, together with photographs and supporting evidence.
8.13 Refusal of Liability Following Authority to Leave
The Customer acknowledges that by requesting, approving or permitting an Authority to Leave delivery, the Customer accepts all risks associated with the Goods being left unattended. House of Forbes shall not be liable for any subsequent claim relating to theft, loss, accidental damage, weather damage, vandalism, mishandling, incorrect storage, or any other event occurring after delivery has been completed.
9. STORAGE
9.1 Once Goods are available for collection or delivery, House of Forbes may charge storage fees where collection or delivery does not occur within seven (7) days.
9.2 Storage charges shall continue until Goods are collected or delivered.
10. RISK AND TITLE
10.1 Risk in Goods passes to the Customer upon delivery, collection or transfer to a carrier.
10.2 Ownership remains with House of Forbes until all monies owing have been paid in full.
10.3 House of Forbes may enter any property or premises where unpaid Goods are located for recovery purposes.
10.4 The Customer indemnifies House of Forbes against any costs incurred in recovering Goods.
11. PPSA
11.1 The Customer grants House of Forbes a security interest in all Goods supplied and their proceeds.
11.2 House of Forbes may register a financing statement under the PPSA.
11.3 The Customer shall provide any information required to register or enforce the security interest.
11.4 To the extent permitted by law, the Customer waives notice rights available under the PPSA.
12. RETURNS
12.1 House of Forbes does not accept returns for change of mind.
12.2 Returns may only be accepted where:
- Goods were supplied incorrectly; or
- Goods are confirmed as faulty.
12.3 Prior written approval is required for all returns.
12.4 Unauthorised returns may be refused.
13. CANCELLATIONS AND RESTOCKING
13.1 Cancellation of stocked items may be accepted at House of Forbes’ discretion.
13.2 Approved cancellations may incur a restocking fee of 25% of the invoiced value.
13.3 Any freight, supplier or administrative costs remain payable.
14. SERVICES
14.1 Services shall be supplied in accordance with accepted quotations.
14.2 Variations must be approved in writing.
14.3 Delays caused by customer instructions, approvals, consultants or site conditions may result in additional charges.
14.4 House of Forbes may engage subcontractors.
15. INTELLECTUAL PROPERTY
15.1 All concepts, drawings, schedules, presentations, specifications and project documentation remain the property of House of Forbes.
15.2 Such material may only be used for the project for which it was created.
15.3 No material may be reproduced or distributed without prior written consent.
15.4 The Customer warrants that information supplied to House of Forbes does not infringe third-party intellectual property rights.
15.5 The Customer indemnifies House of Forbes against any claims arising from materials supplied by the Customer.
16. LIABILITY
16.1 House of Forbes excludes liability for indirect, consequential or economic loss.
16.2 House of Forbes shall not be liable for:
- loss of profits;
- loss of opportunity;
- project delays;
- business interruption.
16.3 Liability shall not exceed the value of the Goods or Services supplied.
16.4 Nothing in these Terms limits rights that cannot legally be excluded under New Zealand law.
17. INSOLVENCY
17.1 House of Forbes may immediately suspend supply, recover Goods and terminate any agreement where the Customer:
- enters liquidation;
- enters receivership;
- enters administration;
- becomes insolvent;
- commits an act of bankruptcy;
- ceases trading.
18. FORCE MAJEURE
House of Forbes shall not be liable for any delay or failure caused by events beyond its reasonable control including:
- natural disasters;
- pandemics;
- government restrictions;
- port congestion;
- freight disruption;
- strikes;
- supplier failures.
19. INTERNATIONAL ORDERS
19.1 International customers are responsible for compliance with all local laws and import requirements.
19.2 The Customer is solely responsible for:
- import duties;
- GST/VAT;
- customs charges;
- permits;
- brokerage fees;
- local taxes.
19.3 House of Forbes shall not be liable for customs delays or government intervention.
20. PRIVACY
20.1 Personal information is collected and managed in accordance with the Privacy Act 2020.
20.2 Information may be used for:
- account administration;
- credit assessment;
- order fulfilment;
- customer support;
- marketing communications.
20.3 The Customer authorises House of Forbes to obtain credit information where reasonably required.
20.4 Customers may request access to and correction of personal information.
20.5 House of Forbes does not retain credit card details.
21. WEBSITE USE
21.1 Website content remains the property of House of Forbes.
21.2 No content may be copied or reproduced without written consent.
21.3 Unauthorised use may result in legal action.
21.4 House of Forbes does not guarantee uninterrupted website availability.
22. DISPUTE RESOLUTION
22.1 The parties shall first attempt to resolve disputes through good-faith negotiation.
22.2 If unsuccessful, the parties agree to participate in mediation before commencing court proceedings.
23. CONSUMER GUARANTEES ACT
23.1 Where the Customer acquires Goods or Services for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply to the fullest extent permitted by law.
23.2 The Customer confirms that Goods and Services acquired for commercial, development, trade or investment purposes are acquired in trade.
24. GOVERNING LAW
24.1 These Terms are governed by the laws of New Zealand.
24.2 The New Zealand Courts shall have exclusive jurisdiction over any dispute arising under these Terms.
Contact For further assistance, please contact us at info@houseofforbes.co.nz
Furniture Care instructions
Solid wood (oak, ash, fir, teak)
- Dust regularly with a soft, dry cloth
- Clean using a slightly damp cloth only
- Dry immediately — do not allow moisture to sit
- Avoid direct sunlight as direct sunlight, heaters as they can fade stained timber and cause solid timber to crack, direct air conditioning can cause movement in timber due to temperature changes. NOTE Fading and cracking due to direct sunlight or direct airconditioning is not covered under manufacturers warranty.
- Use wax-based furniture polish sparingly if required
- Never use silicone-based cleaning products on timber furniture as this will void your warranty
Leather upholstery
- Wipe with a soft, dry cloth
- Do not use detergents, solvents, or alcohol-based cleaners
- Keep away from heat sources and sunlight
- Natural marks and patina are normal and intentional
Upholstered fabric
- Vacuum regularly using a low‑suction upholstery attachment
- Blot spills immediately — do not rub
- Use only professional upholstery cleaning for stains
- Avoid direct sunlight to prevent fading NOTE Fading direct sunlight or direct airconditioning is not covered under manufacturers warranty.
