Layby Agreement 

This agreement is between the Weaver (“Seller”) and the Customer (“Buyer”) for a kākahu or custom woven item.

1. Deposit

A non‑refundable deposit of 40% is required to start any layby or custom order. No weaving or preparation begins until the deposit is paid.

2. Payments

The remaining balance can be paid weekly, fortnightly, or monthly. Payments must be made on time.

3. Non‑Refundable Deposit

The deposit is non‑refundable if the Buyer cancels, stops paying, or cannot complete the layby. It covers materials and the Seller’s weaving time.

4. Item Release

The kākahu or woven products remain the Seller’s property until full payment is received. The item will not be delivered or collected until the balance is paid in full.

5. If the Buyer Cancels

If the Buyer cancels the layby:

• The Seller keeps the non‑refundable deposit

• Any extra payments may be refunded at the Seller’s discretion

• The Seller may resell the kākahu

6. If the Seller Cancels

If the Seller must cancel for any reason, all payments — including the deposit — will be refunded.

7. Changes to the Order

Any changes must be agreed to before weaving starts. Changes after weaving begins may cost extra or may not be possible.

8. Timeframes

The Seller will give an estimated completion time. Weaving may take longer due to the nature of the mahi.

9. Communication

The Buyer must keep their contact details up to date. If the Buyer cannot be contacted for 30 days, the layby may be cancelled.

10. Agreement

By paying the deposit, the Buyer agrees to these Layby Terms.

If you want, I can help you turn this into a short version for invoices, a more formal version, or a version with Māori wording.

Can something be added in this case of not paying?

Absolutely — you can add a clause that covers non‑payment, and you should. It protects you from exactly the situation you’re in now.

Here’s a clean, simple clause you can add directly into your Layby Agreement.

10. Non‑Payment

If the Buyer fails to make payments During the Layby time agreed, the Seller may cancel the layby. If the layby is cancelled due to non‑payment:

• The non‑refundable deposit is kept by the Seller

• Any extra payments made beyond the deposit may be refunded at the Seller’s discretion

• The Seller may resell the kākahu

• The Buyer has no claim to the item once the layby is cancelled
  
  Please note:

• Non‑Payment

• If the Buyer fails to make a payment for 30 days or more, the Seller may cancel the layby. In this case, the non‑refundable deposit is kept by the Seller. Any additional payments may be refunded at the Seller’s discretion. The Seller may resell the kākahu.

• Seller Cancellation

• If the Seller cancels the order for reasons not caused by the Buyer, the Seller will refund all payments, including the deposit.

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​This document was last updated on September 15, 2023

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