Accidental Damage Warranty Terms & Conditions

We provide benefits to you under this warranty in addition to your rights as a consumer under the Consumer Guarantees Act 1993 (“CGA”) and our standard Warranty Against Defects.

1. Cover for accidental rips and tears

   Under the CGA: Maybe, if rips or tears occur because the goods are not of acceptable quality or reasonably fit for the specified purpose (which depends on the circumstances).

   Under this warranty: Yes, subject to the Terms & Conditions below.

2. Cover for accidental cuts and cigarette burns

   Under the CGA: No.

   Under this warranty: Yes, subject to the Terms & Conditions below.

3. Cover for accidental stains from crayon or marker, ballpoint pen, human bodily fluids, food, beverages and lipstick

   Under the CGA: Maybe, if the stains occur because the goods are not of acceptable quality or reasonably fit for the specified purpose or fail to match the description (which depends on the circumstances).

   Under this warranty: Yes, subject to the Terms & Conditions below.

4. Period of Cover

   Under the CGA: For a reasonable time.  What is reasonable depends on the circumstances.

   Under this warranty: For one claim during the 5-year period from delivery.

Your rights under the CGA*

Goods need to:

• be delivered on time (or within a reasonable time if no delivery date has been agreed);
• be of acceptable quality;
• be reasonably fit for any particular purpose you make known to us or we represent to you;
• match the description, sample or model supplied;
• have repair facilities and spare parts available for a reasonable time (unless you are notified that is not the case);
• comply with the manufacturer’s written guarantee (if any);
• be able to be lawfully sold to you;
• be free of undisclosed securities; and
• subject to permitted exclusions be capable of undisturbed possession by you;

Services need to:

• be carried out within a reasonable time if no completion date has been agreed;
• be carried out with reasonable care and skill;
• be reasonably fit for any particular purpose you make known to us;

Goods and Services need to:

• be supplied at the agreed price or at a reasonable price if no price was agreed.

(* You agree that any goods or services you acquire in trade are not covered under the CGA.)

Where you are a consumer under the CGA and the goods or services we supply fail to comply with a guarantee under the CGA, then, in general:

• if the failure can be remedied we need to remedy the failure within a reasonable time and if we do not do so you may have someone else remedy the failure and recover the reasonable costs incurred in doing so from us or reject the goods or cancel the service. We can choose to repair goods, fix any defect in title, replace goods, or give you a refund; 
• if the failure cannot be remedied or is of a substantial character you may reject the goods (and choose a refund or replacement) or cancel the service (and obtain a refund) or obtain compensation from us;
• if the goods or services fail to comply with the guarantee as to price, you will not have to pay more than a reasonable price;
• you may claim damages from the manufacturer if goods do not meet the guarantees as to: acceptable quality; correspondence with the manufacturer’s description; provision of repair facilities and spare parts (if any); or if the goods fail to comply with any written warranty given by the manufacturer and the manufacturer does not repair or replace goods in accordance with its warranty; and
• you may also be entitled to compensation from us and the manufacturer for reasonably foreseeable loss or damage you incur that results from the failure.

Right to cancel

You may cancel this warranty by notifying us that you want to do so within 5 working days after receiving a copy of this document.  You may also be able to cancel this warranty after that if we have not given you all the information we must give you regarding this warranty unless our failure is minor and you are not materially prejudiced by our non-compliance.  However, if this warranty has been entered into as a condition of a Consumer Credit Contract, your right to cancel is covered by the Credit Contracts and Consumer Finance Act 2013, not the Fair Trading Act 1986.

Our contact details are: Nick Scali (New Zealand) Limited, 54 Mount Wellington Highway, Mount Wellington, Auckland, 1060, New Zealand Tel: 0800 034 275. Email: accidentaldamage@nickscali.co.nz.

Nick Scali Accidental Damage Warranty Terms & Conditions

1. At Nick Scali, we are confident in the quality of our leather and fabric upholstered furniture. If you take good care of your furniture, including its upholstery, and use the products we provide, it should last for a long time, and resist stains and damage.
2. We provide you with this Nick Scali Accidental Damage Warranty on the conditions specified in this document including the Fair Go Policy and other costs as explained below.
3. This Warranty may only be purchased at the same time you purchase your new Nick Scali fabric or leather upholstered furniture. This warranty will only apply if it is purchased with your new furniture.
4. This Warranty is provided in addition to:
   1. our warranties against defects under the Nick Scali Warranty Against Defects; and
   2. other rights and remedies available to you under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act.

To view the Nick Scali Warranty Against Defects please visit Warranty Information.

Additional details about your consumer rights may be found at www.comcom.govt.nz/consumers   

What This Warranty Covers

1. When you purchase a Nick Scali Accidental Damage Warranty, you will be provided with our Nick Scali Care Kit containing the following products:

   For leather upholstered furniture (Leather Upholstery Care Kit or Premium Leather Upholstery Care Kit):

   1. leather cleaner;
   2. leather protector (note: this must be applied immediately upon delivery of your lounge); and
   3. microfiber cloth.

   For Fabric upholstered furniture (Fabric Upholstery Care Kit):

   4. fabric cleaning fluid;
   5. strong stain removal fluid; and
   6. microfiber cloth.
2. If during Ordinary Household Use:
   1. our Nick Scali furniture upholstery is stained accidentally by:
      1. human bodily fluids;
      2. ballpoint pen;
      3. crayon or marker;
      4. food and drink; or
      5. lipstick,

      and the stain cannot be removed by using the products in the Nick Scali Care Kit; or

   2. your Nick Scali furniture upholstery suffers accidental damage in the form of rips, tears, cuts or cigarette burns,

      then we will either (as we decide) repair or replace your fabric or leather upholstered furniture without charge for the repair or replacement, for one claim, up to the value of your original purchase, over a 5-year period.

3. Ordinary Household Use means use of the furniture inside your home for its intended purpose.

Note: See ‘How to make a claim’ below for more details and limits about making a claim and please refer to the exclusions from this warranty which are also explained in this document.

What This Warranty Does Not Cover

8. This warranty only covers stains and damage (of the kinds specifically described above) which occur during Ordinary Household Use. It does not cover other kinds of stains such as paint stains, dye transfer from clothes or hair, or stains caused by creams or ointments. Damage caused by pets is not covered. So for example, damage caused by pet vomit, pet body fluids, scratching and chewing is not covered.
9. This warranty does not cover any odours, including for example odours caused by foods, beverages or human or pet bodily fluids.
10. Stains or damage occurring during Ordinary Household Use do not include stains or damage that:
    1. are intentional;
    2. are caused by your mishandling, abuse or neglect;
    3. are caused by you or your removalists while moving house;
    4. are caused during renovations;
    5. are caused as a result of you not following the Cleaning and Care Guidelines outlined below;
    6. are in the nature of fair wear and tear accumulated over time; or
    7. arise from any use of the furniture for a purpose or in a way that it was not designed to be used.
11. This warranty does not cover other forms of damage that are unrelated to the quality of our furniture and beyond our control such as house fire damage, flood damage, pest damage, acts of God and natural disasters.
12. This warranty does not apply to any stains or damage caused as a result of your incorrect use of or failure to use the Nick Scali Care Kit provided under this warranty as directed under the product guidelines displayed on the products and included with the kit.
13. This warranty only applies to the leather or fabric upholstery of your furniture. It does not cover structural damage to your furniture including damage to zips, buttons, trims, frames, foams or mechanisms included in your furniture.
14. If we decide to repair your furniture by providing a partial replacement of part of your furniture, we cannot guarantee an exact colour match with the replacement piece due to dye lot variations, upholstery fading caused over time and normal wear & tear.
15. This warranty will not apply if one of our authorised repairers reasonably determines that the stain or damage is not of a kind covered by this warranty or, despite reasonable investigation, its nature or cause cannot be identified as covered.
16. This warranty is valid for one claim. You can only make one claim for damage covered by this warranty which appears during the 5-year period from the date of delivery, up to the value of your original purchase. Once you make a claim under this warranty, and we accept and process your claim, this warranty will expire.

How To Make A Claim

17. If you would like to make a claim under this warranty, you:
    1. must notify Nick Scali within 5 days after the stain or damage appears. Leaving stained and damaged furniture without attention can aggravate the problem, so if you notify us outside the 5 days, we may decline the benefit of this warranty if the problem has been aggravated as a result; and
    2. provide Nick Scali a copy of the original Sales Order or tax invoice including proof of purchase of this warranty.
18. To make a claim you can lodge a service ticket on our website at Raise Service Ticket or telephone our service department on 0800 034 275 and follow the prompts.
19. Once a claim has been lodged with our service department, Nick Scali will assess your claim, and respond within 14 days.
20. Your expenses of making a claim under this warranty are to be borne by you.
21. Delivery costs in respect of services provided under this warranty will only be provided to you at no cost if you live within 100km of your nearest authorised repairer. If you live outside of this 100km radius, you will need to organise and pay all costs in relation to the delivery of your furniture to and from your nearest authorised repairer for any services performed under this warranty, including any delivery costs for replacement furniture.
22. In order to make a claim under this warranty, you must be able to show that you have followed the Cleaning and Care Guidelines outlined below.

Fair Go Policy

1. Our fair go policy requires you to act reasonably, and in good faith in your dealings with us and to make claims solely for the purpose of obtaining benefits of this warranty to which you are genuinely entitled. You must not act for ulterior purposes or as part of abusive, coercive, or fraudulent behaviour. If Nick Scali reasonably believes you are or may be in breach of this policy, Nick Scali may cancel this warranty and provide a full refund of the amount you paid to obtain it.