The Terms and Conditions of Trade
The following constitute the terms and conditions of business between us, the Supplier of goods and services, and you, the Client:
1. Price. Where a quotation has been given for work to be performed, that quotation remains valid for 30 working days. Your acceptance of our quotation/offer must be confirmed in writing prior to commencement of work, but in the absence of written acceptance your instruction to us to proceed will be taken as your acceptance of the quote and these terms. We may withdraw that quotation at any time before acceptance. The quotation is based on costs and charges at the date of quotation. Any changes in costs arising from sources beyond our control (for example, changes in prices charged by suppliers to us, fluctuations in labour costs, or government charges) shall be a variation.
2. Payment. Payment of the claimed amount is due and payable by you 7 working days after receipt of our invoice. Where work is undertaken over a period exceeding one month, invoices may be issued for progress payments covering work done and costs incurred up to the date of the invoice. If you disagree for any reason with the claimed amount, you will respond to us in writing before the payment is due. You will not be entitled to with-hold payment or make any deductions from the invoice price without our written consent. We reserve the right to suspend further work until all overdue accounts are paid and provide details of overdue accounts to a debt collection agency. We use Baycorp for collecting overdue debts. Overdue payments shall attract interest at an annual rate of 12% calculated daily from the due date, and any expenses incurred by us in recovering this debt shall be added to your account.
3. Ownership. We retain ownership of any goods supplied until payment is made in full. These conditions of ownership shall apply notwithstanding that the goods may be amalgamated with or mixed with other goods or fixed to other items. If payment is not made on time, we or our agents shall at all times have the right to enter your premises without notice to take possession of or remove any goods not fully paid for. You also acknowledge that we may register a security interest over your assets or over the specific goods supplied and if we do that you also waive your rights relating to disclosure under “Sections 114(1) (a), 121 & 148 of the Personal Property Securities Act 1999. In the event any covered property has been damaged or has sustained a loss (determined by future sale by us or otherwise) we shall be entitled to be compensated by you for that loss of value or damage.
4. Risk. All goods and materials are at your risk while on your premises or premises under your control. Any loss arising from theft, destruction or damage from whatever cause shall be borne by you.
5. Installation. You should give us access to the site and provide proper facilities for carrying out the work including use of any existing goods or passenger lifts, cranes, hoists and builder’s scaffolding. Unless specified otherwise, the contract does not include any structural or other alteration to any part of the building. Access and facilities shall be provided within a reasonable time after acceptance of this quote or at a date notified by you and agreed on by us in writing. Due to the nature of our business, we can create significant danger to people and property as part of our work. We therefore ask you to identify to us any hazards we might encounter, to keep all people and animals well away from our workers while we are working and obey any safely instructions and directions at all times especially when we are using poser tools or gas equipment on site.
6. Time to completion. We will complete the work within a reasonable time and will endeavour to meet any target date you make known to us. Should it be necessary to work outside ordinary working hours to meet your completion target or due to any other circumstances outside our control, you shall be liable for any extra cost incurred.
7. Consents. You are responsible for obtaining any consent or other authority necessary for the work, and will provide that to us on request. Where a building consent is required and you have failed to obtain it, we may lodge a building consent application as your agent and at your expense.
8. Warranty. We guarantee that we will remedy any defective workmanship and replace any faulty material that is reported to us in writing within 90 days of completion of the contract. This performance guarantee does not extend to any goods or materials supplied by you. Where the supply of our services or products is for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply. In the case of work covered by the Consumer Guarantees Act 1993, this warranty is in addition to any rights you may have under the Act.
9. Strikes, etc. We are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, accidents, fire, and failure of manufacturers to deliver and any other events beyond our reasonable control.
10. Plans and Specifications. We shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by you. We reserve the right to charge an additional sum as the result of any additional cost in replacing or sourcing alternative goods due to errors in the plans, specifications or other information supplied to us.
11. Privacy Act. You authorise us to use information collected from you and to collect information from third parties for the purposes relating to performance under this agreement.