TERMS AND CONDITIONS – TATE DESIGN LIMITED
Effective 1 April 2026
1. Engagement
By accepting a proposal, quotation, or otherwise engaging the Designer’s services, the Client agrees to be bound by these Terms and Conditions. Acceptance may occur in writing, via email, or by digital signature.
2. Scope of Services
2.1 The Designer will provide the services described in the written proposal or quotation.
2.2 Services not expressly included in the proposal are considered additional services and may incur additional fees. Any change to the scope of services must be agreed in writing.
2.3 The Designer may engage third-party suppliers, contractors, or consultants as necessary and will exercise reasonable care in selecting them. The Designer does not control their work unless explicitly agreed in writing.
3. Acceptance of Agreement
3.1 This Agreement becomes legally binding when the Client:
3.2 Upon acceptance, the Client agrees to pay all fees and charges outlined in the proposal and these Terms.
4. Fees and Payment
4.1 The Client agrees to pay the Designer the fees outlined in the proposal or quotation.
4.2 Fees may be structured as:
4.2 A deposit is required before work begins and reflects a genuine commitment of time, planning, and allocation of resources. Deposits may be retained to the extent reasonably necessary to cover work performed, administrative costs, and loss of opportunity, and will be refunded where required by law.
4.3 Invoices are payable within seven (7) days unless otherwise stated.
4.4 The Designer may suspend Services if any invoice remains unpaid after the due date, provided the Designer has given the Client reasonable written notice and an opportunity to remedy the default.
4.5 Interest may be charged on overdue amounts at a reasonable rate not exceeding 2% per month.
4.6 The Client is responsible for reasonable debt recovery costs.
5. Procurement and Purchasing
5.1 The Designer may act as an agent or intermediary when procuring goods or services on behalf of the Client, unless otherwise agreed. Depending on the transaction, the Designer may be considered a supplier under the Consumer Guarantees Act 1993.
5.2 The Designer may procure or assist in procuring furniture, finishes, fixtures, and other goods.
5.3 A 50% deposit is required before orders are placed. The remaining balance must be paid prior to delivery, dispatch, or installation.
5.4 Delivery timeframes are estimates only and may be affected by factors outside the Designer’s control.
5.5 To the extent permitted by law, the Designer is not responsible for delays, damage, or variations caused by third-party suppliers, including:
5.6 The Designer does not manufacture goods and does not independently guarantee their performance or quality. Nothing in this Agreement limits or excludes the Client’s statutory rights.
5.7 Where reasonably practicable, the Designer will assist the Client in liaising with suppliers for defects, damage, or warranty claims.
5.8 Returns and cancellations are subject to supplier terms, except to the extent inconsistent with applicable law.
5.9 Any trade discounts or commissions received by the Designer may be retained, unless otherwise agreed in writing.
6. Site Works And Installation
6.1 The Designer will exercise reasonable care in recommending contractors, tradespeople, and suppliers, but does not control their work unless expressly agreed in writing
6.2 The Designer may attend site visits and coordinate styling or installation.
6.3 The Designer does not supervise building or construction work unless agreed in writing.
6.4 The Client is responsible for engaging and managing builders, trades, and contractors.
6.5 The Designer is not responsible for construction quality, structural integrity or building compliance unless specifically engaged to provide those services.
7. Design Revisions and Variations
7.1 The proposal may include a specified number of design revisions.
7.2 Additional revisions or changes outside the agreed scope will be charged at the Designer’s hourly rate.
7.3 Significant changes may require a revised proposal and quote.
8. Client Responsibilities
8.1 The Client must:
8.2 The Designer is not responsible for errors arising from inaccurate information supplied by the Client.
8.3 Project timelines may be extended if delays are caused by the Client.
8.4 Delays caused by the Client may result in additional fees.
9. Contractors and Third Parties
9.1 The Designer will exercise reasonable care in recommending contractors, tradespeople, and suppliers, but does not control their work unless expressly agreed in writing
9.2 Unless otherwise agreed, the Designer does not supervise or control the work of third-party contractors.
9.3 The Client contracts directly with contractors and suppliers.
9.4 The Designer is not liable for contractor performance, workmanship issues, construction defects or project delays caused by contractors.
9.5 The Designer will exercise reasonable care in making recommendations.
10. Intellectual Property
10.1 All intellectual property rights in the Deliverables remain the property of the Designer until all fees have been paid in full.
10.2 Upon full payment, the Client is granted a non-exclusive licence to use the Deliverables solely for the specific project and property for which they were created.
10.3 The Client must not reproduce, distribute, or use the Deliverables for another project without written consent.
11. Photography and Marketing
11.1 The Designer may photograph completed works for portfolio, marketing, or promotional purposes, with the Client’s prior consent (which will not be unreasonably withheld).
11.2 The Designer may submit the project for awards or publications, provided that no personal identifying information is disclosed without the Client’s consent.
11.3 Any site visits for photography after completion, and any placement of business signage, will be subject to the Client’s prior approval.
11.4 Images may be used indefinitely for marketing unless otherwise agreed.
12. Limitation of Liability
12.1 To the maximum extent permitted by New Zealand law, the Designer’s total liability to the Client for any claim arising out of or in connection with this Agreement is limited to the total fees paid by the Client for the Services.
12.2 This limitation does not apply:
12.3 To the extent permitted by law, the Designer is not liable for any indirect, consequential, or special loss, including loss of profit, revenue, or opportunity.
12.4 Nothing in this Agreement limits or excludes any rights or remedies the Client has under applicable consumer protection laws.
13. Cancellation and Termination
13.1 Either party may terminate this Agreement by providing four (4) weeks written notice.
13.2 If the Client terminates this Agreement:
13.3 If the Designer terminates due to breach by the Client, all outstanding fees become immediately payable.
14. Force Majeure
The Designer is not liable for any loss or damage caused directly or indirectly by events beyond reasonable control including natural disasters, supply chain disruption, labour shortages, pandemics or any other cause outside the Designer’s control.
15. Dispute Resolution
15.1 The parties will attempt to resolve disputes in good faith.
15.2 If unresolved, the parties agree to attempt mediation in New Zealand before commencing legal proceedings.
16. Health and Safety
16.1 Both parties agree to comply with Health and Safety at Work Act 2015 obligations.
16.2 The Client must ensure the site is safe for access and report hazards to the Designer where relevant.
17. Privacy
17.1 Personal information will be handled under the Privacy Act 2020.
17.2 The Client may request access to or correction of their information.
17.3 Information will be retained only as long as necessary for project purposes and statutory requirements.
18. Consumer Law
18.1 Nothing in this Agreement limits or excludes the Client’s rights under applicable law.
18.2 Services acquired for personal, domestic, or household use are covered by the Consumer Guarantees Act 1993.
18.3 Services acquired in trade may contract out of that Act to the extent permitted by law, where it is fair and reasonable.
19. Governing Law
This Agreement is governed by the laws of New Zealand, with disputes subject to the courts of New Zealand.
20. Entire Agreement
This Agreement and any proposal constitute the entire agreement and supersede all prior discussions or agreements.
21. Definitions
Agreement means the agreement between the Designer and the Client incorporating these Terms and Conditions, the design proposal, and any approved quotes.
Client means the individual or entity noted in the proposal.
Deliverables means all design concepts, drawings, plans, mood boards, schedules, specifications, and documentation produced by the Designer.
Designer means the designer noted in the proposal.
Fee means the total fee amount payable by the Client which may include design fees, consultation fees, and project management fees.
Goods means all goods (including Third Party Goods) supplied by the Designer.
Intellectual Property means any copyrights, trademarks, patents, and any other creative works produced by the Designer which remain the property of the Designer unless otherwise agreed in writing.
Project means the interior design work agreed between the Client and Designer, as outlined in the proposal, quote or agreement.
Property means the physical location where the interior design services are to be performed.
Services means the interior design services provided by the Designer including but not limited to design consultation, concept development, space planning, colour specification, furniture and product sourcing, styling, and project coordination.
Third Party Goods means all goods and services provided or manufactured by entities other than the Designer.