Terms & Conditions

These Terms & Conditions apply to the quotation issued by Warmstone Limited (“Warmstone”) and form part of that quotation. In these Terms & Conditions, “Customer” means the person or entity named in the quotation, and “Works” means the products and services described in the quotation.

1. Quotation and Acceptance

Unless otherwise stated, the quotation is valid for 30 days from the date of issue. Where the quotation is prepared before Warmstone has carried out a site measure or site inspection, it is provided as a preliminary estimate only. The quotation may be revised following the site measure, site inspection or confirmation of actual site conditions. By paying the required deposit, the Customer accepts the quotation and these Terms & Conditions. Any work, material or service not specifically included in the quotation is excluded.

2. Deposit and Payment

A non-refundable deposit of 60% of the quotation amount is required to confirm the order. The remaining balance must be paid by the due date shown on the tax invoice. Warmstone may require payment of the balance before completion where only minor finishing work, testing, documentation or remedial work remains. Interest of 3% per month may be charged on overdue amounts until payment is received in full. The Customer is responsible for reasonable costs incurred by Warmstone in recovering overdue amounts, including debt collection and legal costs. Materials supplied by Warmstone remain the property of Warmstone until all amounts owing have been paid in full.

3. Pricing and Changes to the Works

The quotation is based on the agreed scope and the information available at the time of pricing. The price may be adjusted where:

• actual site measurements or quantities differ from the information provided;
• the Customer changes the scope, layout, product, colour, installation method or programme;
• concealed or unexpected site conditions are discovered;
• additional preparation, materials, labour or visits are required;
• work performed by others affects Warmstone’s Works; or
• additional work is requested or becomes reasonably necessary to complete the installation properly.

Where reasonably practicable, Warmstone will discuss additional work and costs with the Customer before proceeding. Urgent or minor work necessary to protect the Works, maintain safety or avoid further delay may be carried out without prior written approval.

If the Works are delayed for more than 90days for reasons beyond Warmstone’s control, Warmstone may review the price to reflect increases in material, freight, supplier, labour or installation costs. All prices are exclusive of GST unless the quotation states otherwise.

4. Measurements and Material Quantities

Final quantities may differ from the measured floor area because flooring and installation materials must allow for cuts, layout, pattern matching, defects, breakage and full supplier pack sizes. Unless otherwise stated, flooring quantities generally include approximately 10% wastage and are rounded up to the next full pack. Wastage may be higher for irregular rooms, angled walls, narrow areas, patterned installation, long boards, customer-selected layouts or products with supplier-specific installation requirements. Unused and unopened packs may be eligible for return only where the supplier accepts the return. Supplier restocking fees, freight costs and other charges may be deducted from any refund. Opened packs, loose boards, cut materials, special-order products and installation labour are not refundable.

5. Product Selection and Appearance

The Customer is responsible for approving the selected flooring, colour, finish, board size, pattern and installation direction before materials are ordered or installed. Samples, photographs, showroom displays and digital images are indicative only. Natural and manufactured flooring may vary in colour, grain, texture, pattern, gloss level and appearance between samples, production batches and individual boards. Reasonable variation within the manufacturer’s grading and product specifications is not a defect. Installed flooring may appear different under different lighting conditions or when viewed from different directions. Once an approved product has been ordered, cut or installed, a change of mind is not grounds for cancellation, replacement or refund.

6. Site Access and Customer Responsibilities

The Customer must provide Warmstone with safe, reasonable and uninterrupted access to the property and work area at the agreed times. Before installation begins, the Customer must ensure that:

• the work area is clear and ready;
• other trades have completed any work that may interfere with Warmstone’s installation;
• the building is enclosed, dry and weather-tight;
• suitable electricity, lighting and access are available;
• pets, children and occupants are kept away from the work area;
• alarms, access codes, parking arrangements and site rules have been communicated; and
• valuables, fragile items and personal belongings have been removed or protected.

Warmstone is not responsible for delays or additional costs caused by incomplete building work, restricted access, other trades, occupants, incorrect information or site conditions outside Warmstone’s control.

7. Furniture and Personal Belongings

Furniture removal and replacement are excluded unless specifically included in the quotation. Where the Customer asks Warmstone to move furniture or other items, the work will be charged at NZ$30 per person per hour unless another rate is stated in the quotation. The Customer must empty cupboards, cabinets, wardrobes and storage units before they are moved. Warmstone is not responsible for damage to furniture, appliances, walls, doors, flooring, fixtures or personal belongings arising from moving items at the Customer’s request, Warmstone may refuse to move any item that is excessively heavy, unsafe, fragile, valuable, fixed in place or unsuitable for manual handling.

8. Site and Subfloor Conditions

The quotation assumes that the existing floor and subfloor are structurally sound, dry, clean, stable, reasonably level and suitable for the proposed installation. Unless specifically included, the quotation does not include:

• floor levelling or smoothing;
• grinding or removal of high areas;
• concrete or substrate repairs;
• removal of adhesives, coatings, contaminants or laitance;
• moisture testing or moisture treatment;
• installation of a vapour barrier;
• structural repairs;
• asbestos testing or removal;
• removal of tiles, existing flooring or floor coverings;
• treatment of mould, rot, pests or hazardous materials; or
• rectification of work carried out by others.
• investigation, identification or removal of asbestos-containing materials.

Some defects or unsuitable conditions may not be visible until existing flooring is removed or installation has begun. Warmstone is not qualified to identify asbestos. Any investigation, testing, identification or removal of asbestos remains the Customer’s responsibility. Where additional preparation or repair becomes necessary, Warmstone may suspend the Works until the Customer approves the recommended work and any additional cost. Warmstone is not responsible for defects, movement or failure arising from the structure, slab, substrate, framing or building components outside Warmstone’s scope.

9. Moisture and Environmental Conditions

The Customer is responsible for ensuring the building and subfloor are protected from water entry, rising damp, plumbing leaks, hydrostatic pressure and excessive moisture. Unless specifically included, Warmstone does not undertake destructive moisture investigations or guarantee that concealed moisture is absent. Warmstone is not responsible for swelling, cupping, warping, lifting, delamination, mould, discolouration, adhesive failure or other damage caused or contributed to by:

• excessive or changing moisture levels;
• water leaks or flooding;
• hydrostatic pressure;
• inadequate drainage or waterproofing;
• moisture entering after installation;
• failure of an existing or third-party vapour barrier;
• unventilated or damp subfloor spaces; or
• environmental conditions outside the product manufacturer’s requirements.

Where Warmstone recommends moisture treatment, a vapour barrier, further testing or specialist advice, the Customer must not instruct installation to proceed contrary to that recommendation unless Warmstone agrees in writing.

10. Existing Structures, Services and Finishes

The Customer must tell Warmstone about any known concealed pipes, electrical cables, heating pipes, waterproofing systems, alarms, communications cables or other services within the work area. Warmstone is not responsible for damage to concealed services that were not reasonably identifiable or disclosed before the Works began. Reasonable care will be taken when working near existing walls, skirting boards, doors, cabinetry, paintwork and other finishes. However, minor marks, chips, gaps or disturbance may occur during removal or installation work. Unless specifically included, painting, plastering, decorating, door trimming, cabinetry alterations and repair of existing finishes are excluded. Existing skirting boards, trims and flooring may not always be reusable after removal. Where existing skirting boards are removed and reinstalled for reuse, Warmstone will exercise reasonable care during removal and refixing. However, Warmstone accepts no responsibility for unavoidable damage due to the original fixing method, existing adhesives, fixings, age or condition of the skirting boards.

11. Electrical Work

Warmstone is responsible only for electrical work specifically included in the quotation and carried out by Warmstone or its authorised electrical contractor. The Customer is responsible for arranging any excluded preliminary electrical work, switchboard upgrades, additional circuits, wiring, penetrations, power supply upgrades or work required by the electricity network provider. Electrical work completed by others must be finished, tested and compliant before Warmstone’s scheduled installation where it affects the Works. Warmstone does not accept responsibility for the design, workmanship, compliance or performance of electrical work completed by third parties. Warmstone will issue a Certificate of Compliance or Electrical Safety Certificate only for prescribed electrical work carried out by Warmstone or its authorised electrical contractor where such certification is required. Additional attendance, testing or remedial work required because third-party electrical work is incomplete, incorrect or non-compliant will be charged separately. Where new electrical cable feeds are required, wall penetrations may be necessary. Unless specifically included in the quotation, plastering, stopping, painting, wall repairs and hole patching following cable installation are excluded and remain the Customer’s responsibility.

12. Underfloor Heating Installation

The layout and heated area will be determined according to the quotation, available floor area, room dimensions, fixed furniture, cabinetry, plumbing fixtures and installation requirements. Heating elements may be excluded beneath fixed cabinetry, kitchen islands, permanent joinery, baths, showers, toilets, fireplaces, built-in furniture and other areas where heat may become trapped or where access is restricted. The heating output and warm-up time will vary depending on insulation, subfloor construction, floor covering, room size, ceiling height, heat loss, outdoor temperature, thermostat settings and electricity supply. The Customer must not cover heated areas with thick rugs, vinyl play mats, foam mats, mattresses, beanbags, floor cushions, pet beds, boxes or furniture that prevents heat from escaping. Heat-trapping items may cause excessive temperature, damage to the flooring or heating system, and may void the warranty.

13. Protection of Heating Elements

Once the heating elements have been installed, no person may drill, screw, nail, cut, grind or otherwise penetrate the floor in a heated area without first confirming the location of the heating elements and obtaining appropriate advice. The Customer must inform all future owners, occupants, contractors and tradespeople that concealed underfloor heating is installed. Damage caused by drilling, cutting, fastening, impact, floor removal, later alterations or work performed by others is not covered by Warmstone’s warranty. Any investigation, testing, repair, floor removal or reinstatement required because of such damage will be charged separately.

14. Commissioning and Operation

The Customer must operate the heating system in accordance with Warmstone’s instructions and the thermostat manufacturer’s instructions. After installation of the finished flooring, the heating temperature must be increased gradually. During the first three days of commissioning, the heating element temperature should remain below 29°C and then be increased gradually. The finished floor surface temperature must not exceed 29°C unless a lower maximum is required by the flooring manufacturer. Thermostat readings may differ from the actual finished floor surface temperature depending on sensor location, floor construction and system settings. Failure to follow commissioning, temperature or operating instructions may damage the flooring or heating system and may void the warranty.

15. Installation Programme and Delays

Any installation date provided before the deposit is paid is indicative only. Installation dates are subject to material availability, site readiness, completion of other trades and circumstances beyond Warmstone’s reasonable control. Warmstone may reschedule the Works where:

• the site is unsafe or not ready;
• access is unavailable;
• required work by others is incomplete;
• materials are delayed or unavailable;
• weather or transport conditions prevent the Works;
• illness or an emergency affects the installation team; or
• proceeding could damage the Works or other parts of the property.

If Warmstone cannot begin work on the agreed date because the site is not ready, access is unavailable or preceding work is incomplete, Warmstone may charge up to 30% of the quoted underfloor heating labour cost and recover other reasonable costs arising from the delay. Warmstone is not responsible for losses arising from delays outside its reasonable control, including accommodation costs, rent, lost income or delays to other trades.

16. Completion and Minor Defects

The Works will be treated as substantially complete when they are fit for their intended use, even if minor finishing, adjustment, documentation or remedial items remain. Minor imperfections that are not readily visible under normal lighting and normal viewing conditions, or that fall within recognised manufacturer or industry tolerances, are not defects. The Customer must notify Warmstone of any visible concern as soon as reasonably possible and before other trades alter, cover or interfere with the relevant area. Warmstone must be given reasonable access and opportunity to inspect and remedy any matter for which it may be responsible. The Customer must notify Warmstone of any alleged defect within 3 days of practical completion. Damage occurring after other trades commence work, or arising from moving furniture, personal belongings or occupancy, is not considered a defect in Warmstone’s Works unless proven otherwise. The Customer must not arrange repair or replacement work by another person and seek reimbursement from Warmstone without first giving Warmstone a reasonable opportunity to inspect and remedy the matter, except in a genuine emergency.

17. Residential Warranty

For residential installations under normal residential use:

• Warmstone’s underfloor heating installation workmanship is covered for three years from the date of completion;
• thermostats are covered by the supplier’s one-year warranty, unless the supplier provides a longer written warranty;
• flooring products are covered by the relevant manufacturer’s product warranty; and
• flooring installation workmanship is covered for the period stated in the quotation or, where no period is stated, for 12 months from completion.

A warranty claim must be reported to Warmstone promptly after the issue is discovered. The Customer must provide reasonable evidence of the issue and allow Warmstone access to inspect it. Where a valid warranty claim is accepted, Warmstone may choose to repair, replace or rectify the affected part of the Works. Replacement materials may vary from the original product where the original colour, pattern, batch or product is no longer available. Warmstone is not required to replace unaffected areas solely to achieve an exact visual match. Supplier and manufacturer warranties remain subject to their own terms, limitations and claim procedures.

18. Commercial Installations

Residential warranties apply only to installations used primarily for normal residential purposes. Commercial, retail, hospitality, rental, short-stay accommodation, office, institutional and other high-use installations may be subject to different warranty periods and product requirements. The warranty for a commercial installation will be the warranty specifically stated in the quotation or provided by the relevant manufacturer or supplier. Where a residential-grade product is selected for a commercial or high-traffic area against Warmstone’s recommendation, the Customer accepts the increased risk of wear, damage and reduced product life.

19. Warranty Exclusions

To the extent permitted by law, the warranty does not cover damage, failure or deterioration caused or contributed to by:

• misuse, neglect, accident or deliberate damage;
• failure to follow Warmstone’s care, commissioning or operating instructions;
• excessive temperature or operation above the recommended limit;
• heat trapped by rugs, mattresses, furniture or other items;
• drilling, cutting, screwing, nailing or penetrating a heated area;
• removal, alteration or repair by anyone other than Warmstone;
• electrical work, flooring work or building work carried out by others;
• an inadequate, altered or faulty electricity supply;
• overloading, power surges, lightning or external electrical faults;
• moisture, flooding, leaks, hydrostatic pressure, mould or inadequate ventilation;
• structural movement, settlement, slab cracking, substrate failure or building movement;
• an uneven, unstable, contaminated or defective subfloor;
• failure of an existing or third-party vapour barrier or waterproofing system;
• normal wear and tear, scratches, dents, fading or discolouration;
• pets, footwear, furniture, castor wheels, appliances or dropped objects;
• improper cleaning products, steam mops, excessive water or inadequate maintenance;
• changes in humidity, temperature or environmental conditions;
• product variations that fall within the manufacturer’s specifications;
• pests, fire, earthquake, storm or other events beyond Warmstone’s control;
• failure to maintain the building, flooring or heating system;
• use of the product outside its intended purpose or product classification; or
• failure by the Customer to pay the quotation in full.

The warranty does not cover indirect or consequential costs such as accommodation, loss of rent, loss of business, removal or storage of furniture, work by other trades or replacement of unaffected areas, except where Warmstone is legally required to cover such loss. Nothing in this clause removes any rights that cannot legally be excluded.

20. Cleaning and Maintenance

The Customer must follow the flooring manufacturer’s cleaning, maintenance, humidity and environmental requirements. Spills and water must be cleaned promptly. Steam mops, excessive water, harsh chemicals, abrasive cleaners and unsuitable cleaning equipment must not be used unless approved by the flooring manufacturer. Protective pads should be used beneath furniture. Suitable mats should be used at entrances, and castor wheels must be appropriate for the flooring product. Failure to maintain the flooring properly may reduce its life and may invalidate the applicable warranty.

21. Photography and Records

Warmstone may take photographs before, during and after the Works for:

• site and installation records;
• quality assurance;
• warranty and compliance purposes;
• staff training; and
• marketing and portfolio purposes.

Warmstone will not intentionally publish the Customer’s name, address, personal information or identifiable personal images without consent. The Customer may notify Warmstone in writing before installation if photographs of the completed work are not to be used for marketing.

22. Cancellation

The Customer may cancel the Works at any time before installation commences. The 60% non-refundable deposit paid to Warmstone is non-refundable and will be retained by Warmstone. No further cancellation charges will apply unless otherwise agreed in writing. If the Customer cancels the Works after installation has commenced, the Customer must pay all costs and losses incurred by Warmstone up to the date of cancellation, including but not limited to:

• completed installation work;
• labour and installation time already incurred;
• materials ordered, supplied or installed;
• special-order, custom-made, cut, opened or non-returnable materials;
• supplier cancellation or restocking charges; and
• any other reasonable costs directly arising from the cancellation.

If the total amount payable exceeds the deposit already paid, the Customer must pay the outstanding balance immediately upon demand. Warmstone may suspend the Works immediately upon receiving notice of cancellation until the final account has been determined.

23. Postponement of Works

If the Works are postponed at the Customer’s request or due to circumstances beyond Warmstone’s control, Warmstone accepts no responsibility for any deterioration, damage, alteration or loss affecting the Works, materials or completed installation during the postponement period. Any repair, replacement or additional work required as a result of such deterioration, damage, alteration or loss will be treated as a variation and charged at the applicable rates.

24. Liability

Warmstone will exercise reasonable care and skill in carrying out the Works. To the extent permitted by law, Warmstone is not liable for indirect or consequential loss, loss of rent, loss of income, loss of business, accommodation costs or delay costs arising from the Works. Where the Customer acquires the Works for business purposes, the Consumer Guarantees Act 1993 does not apply to the extent permitted by law. Nothing in these Terms & Conditions excludes or limits liability where it cannot legally be excluded or limited.

25. Events Beyond Warmstone’s Control

Warmstone is not responsible for delay or failure caused by events beyond its reasonable control, including supplier shortages, freight delays, industrial disputes, severe weather, natural disasters, public health restrictions, transport disruption, utility failure or government action. Warmstone will resume the Works as soon as reasonably practicable after the relevant event has ended.

26. Consumer Rights

Nothing in these Terms & Conditions limits the Customer’s rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law where those rights cannot legally be excluded.

27. Governing Law

The quotation and these Terms & Conditions are governed by New Zealand law.

28. Entire Quotation

The quotation, these Terms & Conditions and any written variations accepted by both parties contain the agreed scope of the Works. Where there is an inconsistency, any specific term written in the quotation takes priority over these general Terms & Conditions. The Customer should contact Warmstone before paying the deposit if any part of the quotation or these Terms & Conditions is unclear.