TERMS & CONDITIONS
These Terms and Conditions (Terms) apply to the Garment and Services requested by you and provided by Trish Peng Limited (Trish Peng) and you agree to be bound by them. No verbal agreement between you as the Client and Trish Peng or any employee, servant or agent of Trish Peng will be binding on Trish Peng.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions: In this Agreement, unless the context otherwise requires:
Agreement means these Terms and includes the particulars set out in the Purchase Order Form approved and signed by Trish Peng.
Alteration means any changes Client may request to the specifications agreed between Client and Trish Peng at the date of signing the Purchase Order Form. Alterations may include but are not limited to any changes to the Design, Materials or Client measurements, and shall be recorded and signed by Client and Trish Peng on the Purchase Order Form. Please note Trish Peng only offers alterations for wedding garment(s). This excludes bridesmaids dresses.
Estimated Price means the estimated price for the alteration Services and Garment as set out in the Purchase Order Form. For the avoidance of doubt, the Estimated Price is an estimate only, based on the information known to Trish Peng on the date of such Estimated Price and Trish Peng reserves the right to charge you more than the Estimated Price for the Services and Garment.
Event means the event for which you intend the Garment be provided for, the date for which is set out in the Purchase Order Form.
Force Majeure Event refers to any event caused by circumstances beyond the reasonable control of Trish Peng and includes, but is not limited to, acts of God, legislative, regulatory or judicial requirements, war, riot, strikes, labour disputes, fire, flood, pandemic, epidemic, failure of equipment, earthquake or other natural disaster.
Garment(s) refers to the garment(s) produced by Trish Peng for the Client as a product of the Service.
Intellectual Property means all statutory, common law and proprietary rights and interests, including patents, designs, trademarks, copyright works, layout designs, know-how and other information, whether registered or unregistered (including applications for such rights) as may exist anywhere in the world at any time.
Material means the material and/ or trims chosen by the Client for the Garment and as set out in the Purchase Order Form.
Price means the amount payable by Client to Trish Peng in respect of the Garment(s) and/or Services provided by Trish Peng.
Purchase Order Form means the Purchase Order Form signed by Trish Peng to which these Terms are attached, which sets out the Client details and the specifics of the Garment and/ or Services to be provided to the Client by Trish Peng.
Services has the meaning set out in clause 2.1 and for the purposes of these Terms refers to any of the stages associated with Trish Peng's ability to provide the Service or Garment specified in the Purchase Order Form.
Sketch means the sketch produced by Trish Peng of the proposed Garment and provided to the Client after the Deposit has been paid to and received by Trish Peng. Please note, a sketch is only offered to Trish Peng custom wedding dress clients and excludes bridesmaid clients.
1.2 General interpretation: In this Agreement, unless the context requires otherwise:
(a) Including: means including, without limitation to the generality or specificity of the surrounding words; and
(b) Statutes and regulations: reference to an enactment or any regulations is a reference to that enactment or those regulations as amended, or to any enactment or regulations substituted for that enactment or those regulations.
1.3 Construction: This Agreement may not be construed adversely to a party just because that party prepared, or procured the preparation of, this Agreement.
2.GARMENT AND SERVICES
2.1 Scope of Services: Trish Peng will provide the Services in relation to the production of the Garment. The scope of the Services may differ depending on the Garment or Service Description specified in the Purchase Order Form. Should you require a breakdown of the specific production stages for your Garment, please make a request with Trish Peng. For all Services listed above, Trish Peng will provide:
(a) an initial consultation appointment which will involve the taking of Clients measurements to be noted on the Purchase Order Form;
(b) For custom wedding dress clients only, a sketching and design session which will involve selecting Materials for the Garment;
(c) services required to create or alter (as applicable) the Garment;
(d) For wedding dress clients only, a first fitting, and any subsequent fittings as may be required to produce the specified Garment or to allow for any Alterations specified in the Purchase Order Form; and
(e) a final fitting (where applicable) or appointment prior to collection of the Garment(s).
2.2 Materials: The Clients' choice of Material or fabric swatch colour for bridesmaids clients will be made at the first appointment and specified on the Purchase Order Form signed by Trish Peng and Client. If the exact Material is unavailable, with Clients consent, a suitable alternative (if available) will be sourced by Trish Peng. Once ordered by Trish Peng, any changes to the choice in Material will be recorded on the fitting form and will incur an additional cost. Trish Peng does not accept any responsibility for differences between fabric batches, colours displayed online and the actual colour of the Materials.
2.3 Service Standards: In carrying out the Services, Trish Peng will, use due skill and care, but does:
(a) not accept any responsibility for any damage that occurs during fittings owing to any makeup, lotions, fake tan or marks on the Garment. Trish Peng will do an in house clean on wedding dresses only but Client will assume the cost of any additional cleaning, dry cleaning fee or any other cost necessary to rectify any such damage. Please note Trish Peng is unable to offer an in house clean on bridesmaids dresses due to the delicacy of the fabric used.
(b) reserve the right to refuse to work with unsuitable/ low quality fabrics which the Client may wish to provide.
(c) not accept any responsibility for changes to the measurements of the Client as specified in the Purchase Order Form.
(d) not accept responsibility for any damage caused by you or anyone else following collection or delivery of the Garment.
2.4 Client duties: The Client will:
(a) promptly respond to all requests made by Trish Peng for instruction and information relating to the provision of the Garment and Services, and promptly do all things reasonably necessary to enable Trish Peng to fully and effectively provide the Garment and Services;
(b) attend all appointments and wedding dress fittings in appropriate undergarments and with the correct shoes as the Client intends to wear on the day of the Event;
(c) signs off on all wedding dress alterations & changes at each fitting;
2.5 by signing this Agreement, the client authorises Trish Peng to:
(a) deconstruct the original of any garment provided to Trish Peng for its Garment Revamp Service. Any remnants remaining can be given to the Client upon request;
(b) use all photos posted to social media at any consultation, fitting or appointment unless Client withdraws their consent for Trish Peng to do so. Client agrees to have a photograph taken by Trish Peng upon collection of the Garment for Trish Peng's advertising and marketing purposes.
3. PRICE AND PAYMENT
3.1 Consultation Fee: A consultation fee is payable to Trish Peng prior to the consultation. If you proceed to place an order for your Garment(s) with Trish Peng the consultation fee is deduced off the Price.
3.2 Deposit: For wedding dress clients only, the client will pay the deposit specified in the relevant Purchase Order Form (Deposit) to Trish Peng in full upon signing of this Agreement. Client acknowledges and agrees that the Deposit is (to the extent permitted by law) non-refundable except as otherwise agreed by Trish Peng (at its sole discretion) and will be applied as part payment of the Price.
3.3 Remaining Balance: Client will pay the balance of the Price to Trish Peng in full and without setoff, counterclaim or deduction at the first fitting. Any additional costs for Alterations are payable to Trish Peng prior to the collection or delivery of the Garment to the Client.
3.4 Price: For bridesmaids dresses only, the client will pay the full price to Trish Peng in full and without setoff, counterclaim or deduction upon signing of this agreement.
3.5 Estimate: Trish Peng reserves the right to change more than the Estimate Price in the event of a variation to the Services, if Alterations are required or if additional attendance are required to deliver the Services or Garments to Client.
3.6 Reimbursable expenses: In addition to the Price, all expenses actually and properly incurred by Trish Peng in connection with the provision of the Garment and/or the Services will be reimbursed by Client to Trish Peng as an additional charge (unless specifically incorporated in the Price as set out in the Purchase Order Form).
4. DELIVERY OF GARMENT
4.1 Delivery: Provided the Price in respect of such Garment and any other amount due in respect of such Garment has been paid in full, Trish Peng will, at the Clients cost, arrange for delivery of the Garment to Client by the delivery date(s) specified in the relevant Purchase Order Form. Unless otherwise agreed.
4.2 Under no circumstances will Trish Peng be liable for any costs incurred by Client as a result of any delay in delivery (whether caused by factors beyond Trish Peng's control or otherwise).
4.3 Deadlines: Trish Peng will use its best endeavours to have Garment available for the Client by the Event Date as set out in the Purchase Order Form. Trish Peng will not be liable for any failure to have the Garment available for the Event Date where such failure is a result of the cancellation or rebooking of any scheduled appointments by the Client.
4.4 Costs: Unless otherwise agreed in writing, all freight costs together with any required insurance relating to the delivery of the Garment will be payable by Client in addition to the Price.
5. TITLE AND RISK
5.1 Risk: Risk of any loss, damage or deterioration to the Garment supplied by Trish Peng will be borne by Client from the earlier of the point in time that:
(a) such Garment leaves Trish Peng's premises, or;
(b) such Garment is available for collection by the Client (even if not collected from Trish Peng's premises) unless otherwise agreed by Trish Peng.
5.2 Returns: Due to Trish Peng garments being made to order, Garments may not be returned without the prior written consent of Trish Peng.
6. INTELLECTUAL PROPERTY
6.1 Trish Peng to own Designs: Notwithstanding any other provision of this Agreement, Client acknowledges and agrees that Trish Peng will own and be entitled to use either for Client or any other client, any techniques, designs, information, practices or methodologies or other Intellectual Property (Designs) which are developed by Trish Peng as a result of completing the final Garment or Service to be supplied under this Agreement.
6.2 Upon payment of the Deposit for wedding dress clients only, the Client is entitled to obtain a copy of the Sketch. The Sketch is to remain the property of Trish Peng who may use the Design contemplated by the Sketch in accordance with clause 6.1.
7.1 Total liability: To the maximum extent permitted by law, the liability of Trish Peng arising from any:
(a) breach of any of Trish Peng's obligations under or in connection with this Agreement;
(b) negligence, misrepresentation or other act or omission on the part of Trish Peng, its employees, agents or contractors; or
(c) other cause whatsoever, will not exceed the Price paid by Client to Trish Peng under this Agreement.
8.1 Force Majeure: Notwithstanding any other provision of this Agreement, non-performance by Trish Peng of any of its obligations under this Agreement will be excused, without liability for non-performance, during the time and to the extent that performance is prevented, wholly or substantially, by a Force Majeure Event affecting Trish Peng to such an extent that Trish Peng is unable to perform its relevant obligations. Trish Peng will promptly advise Client, of its inability to perform any of its obligations and the likely duration of such non-performance.
8.2 Entire agreement: To the maximum extent permitted by law, this Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all prior agreements, or representations between the parties relating to such matters.
8.3 Amendment: No amendment to this Agreement will be effective unless it is in writing and signed by both parties.
8.4 Severance: To the extent permitted by law, any unlawful or voidable provision in this Agreement will be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from this Agreement without affecting the validity, legality or enforceability of the remaining provisions, provided that the reading down or severing does not materially affect the purpose of or frustrate this Agreement.
8.5 Counterparts: This Agreement may be executed in two or more counterparts (including by way of an email exchange of signed and scanned PDF copies) each of which will be deemed an original, but all of which together will constitute one and the same instrument.
8.6 Governing law: This Agreement is governed by and will be construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.