CHEMWASH TAURANGA LTD

TERMS OF TRADE

 

In these Terms of Trade we have used “we”, “us”, and “our” to refer to Chemwash Tauranga Ltd and “you” to refer to our customer. By ordering Work from us, you agree to these Terms of Trade.

  1. 1. PROVISION OF WORK

1.1  We will do the Work in accordance with our Quotation and these Terms of Trade.

  1. 2. QUOTATIONS

2.1  Unless otherwise agreed in writing, quoted prices are in New Zealand dollars exclusive of GST and are valid for 30 days from that date of the

Quotation unless withdrawn by us prior to acceptance.

2.2  We will not commence the Work until you have accepted our Quotation (including these Terms of Trade).

  1. 3. PRICE AND PAYMENT

3.1  The price for the Work will be as set out in our invoice and may differ from our quoted price to take account of:

(a)  any variation in the Work from our Quotation (including any variation as a result of additional Work requested by you or required due to hidden or unidentifiable difficulties, delayed or obstructed/inadequate access and unavailability of a suitable free water source); or

(b)  delays due to any third party occupying the property where the Work is to be done.

3.2  If you and any other person jointly ask us to do Work (or you ask us to do the Work on behalf of any third party), you are jointly and severally liable for all payments owing to us for that Work with that other person (or third party).

3.3  Unless otherwise agreed in writing, the due date for payment is the date on which we complete the Work.

3.4  If these Terms of Trade are terminated in accordance with clause 8 prior to completion of the Work, you must immediately pay us the actual cost for the Work completed at the termination date.

3.5  You must pay GST and any other government duties, levies and taxes in respect of the Work.

3.6  We may require you to pay a non-refundable deposit before we commence the Work.

3.7  If you do not make payment by the due date, you are in default and we may require you to pay default interest at the rate 5% per annum above the overdraft rate charged by our bankers, which will accrue on a daily basis on the total amount outstanding from the due date to the date of payment in full (together with legal costs (on a solicitor to client basis) and collection fees that we may incur in recovering (or attempting to recover) from you any overdue amount).

3.8  Payment of all money owing for the Work must be made without set-off or deduction of any kind.

3.9  Your obligations under these Terms of Trade continue until:

(a)  we have received payment (in cash or cleared funds) for all amounts owing to us for the Work; and

(b)  you have met all other obligations that you owe to us in relation to the Work.

3.10 We will apportion payments to outstanding accounts as we think fit.

  1. 4. PERFORMANCE OF WORK

4.1  We will:

(a) perform the Work with reasonable skill, care and diligence in a professional manner;

(b) endeavour to ensure that the Work is performed in accordance with any time frames agreed in writing with you; and

(c) liaise with you during the course of doing the Work in accordance with your reasonable requirements.

4.2  You will give reasonable assistance to enable us to perform the Work by: (a) giving clear instructions;

(b) promptly providing any information required by us to enable us to complete the Work (including the age and condition of any aluminium joinery that will be affected by the Work);

(c) ensuring that we have free and clear access to the property;

(d) ensuring that the property is reasonably ready for the Work to be done with minimal tradespersons and works in progress, animals removed or restrained and loose standing objects (for example, vehicles, furniture, pot plants and ornaments) removed from the area where we are

to do the Work;

(e) fulfilling any special conditions notified to you by us to enable us to do the Work; (f) organising (and where applicable paying any costs):

(i)   a suitable supply of free water;

(ii)  all joinery, flashings, exterior cladding and wall to floor substances (internal and external) are sealed against water entry; (iii) the disconnection and reconnection of any mains power entering buildings on the property;

(iv) isolating all electronic components (which includes but is not limited to wall and ceiling sockets, switches, electronic alarms, sensors and automatic garage door openers) against water ingress; and

(v)  unless otherwise specified in our Quotation, providing any necessary suitable scaffolding to enable us to do the Work; (g) notifying us about any hazards and risks to safety arising where we are to perform the Work; and

(h) consulting and cooperating with us, so far as is reasonably practicable, whenever we have a duty under the Health and Safety at Work Act

2015 in relation to the same matter.

  1. 5. ERROR AND OMISSIONS

5.1  When we complete the Work, you will: (a) inspect the Work;

(b) notify us within seven days of any alleged defect, errors, omissions or failure to comply with the Quotation; and

(c) give us an opportunity to inspect the Work if you believe the Work is defective in any way.

  1. 6. LIMITATION OF LIABILITY

6.1  We will not be liable for:

(a) any defect or damage which may be caused or partly caused by or arise through: (i)   failure on your part to properly maintain your property;

(ii)  failure on your part to follow any instructions or guidelines provided by us;

(iii) aluminium joinery being more than five years old or where the surface of the joinery is degraded; or

(iv) fair wear and tear, any accident or act of God;

(b) if the workmanship is repaired, altered or overhauled without our consent; and

(c)  any delay in either replacing or remedying the workmanship or in properly assessing your claim.

6.2  Nothing in these Terms of Trade limits any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

6.3  If you acquire Work from us for the purposes of a business, you acknowledge that the guarantees contained in the Consumer Guarantees Act

1993 are excluded in which case our liability to you arising from any breach of these Terms of Trade or for any other reason, is limited to the amount of the actual price charged by us for completing the Work. This limitation of liability includes loss or damage or liability of any kind

 

whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from Work done by us to you.

  1. 7. PRIVACY OF INFORMATION

7.1  You authorise us to:

(a) collect, retain and use information about you from any person for the purpose of assessing your creditworthiness; and

(b) disclose information about you:

(i) to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to your obligations to us; (ii) to any persons as may be necessary or desirable to enable us to exercise any power or enforce or attempt to enforce any of our rights,

remedies and powers under these Terms of Trade.

7.2  Where you are an individual, the authorities granted under clause 7.1 are authorities or consents for the purposes of the Privacy Act 1993 and you have the right of access to, and to ask for correction of, your personal information.

  1. 8. TERMINATION

8.1  We may cancel any Work to which these Terms of Trade apply at any time before the Work is commenced by giving written notice to you. We will then repay to you any deposit paid in respect of the cancelled Work. We will not be liable for any loss or damage whatsoever arising from such cancellation.

  1. 9. ASSIGNMENT

9.1  You must not subcontract or assign any of your rights, powers or obligations under these Terms of Trade without our prior written consent.

  1. 10. NOTICES

10.1 Any notice may be given by phone, in person, posted, or sent by fax or email to you.

  1. 11. VARIATION

11.1 We may at any time by notice in writing to you (including by posting on our website) vary any provision of these Terms of Trade and you will be bound by that variation.

  1. 12. COSTS

12.1 You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms of Trade.

  1. 13. FORCE MAJEURE

13.1 We will not be liable for delay or failure to perform the Work if the cause of delay or failure is beyond our control.

  1. 14. DEFINITIONS

14.1 In these Terms of Trade:

GST means goods and services tax arising under the Goods and Services Tax Act 1985

Quotation means our written Quotation of costs for the Work that we have agreed to do for you.

Work means our performance of services for you (including any products that we use to provide those services) as described in our Quotation attached to these Terms of Trade and any other Work that we do for you at your request or that is requested in accordance with clause 3.1(a). Working Day means a day when the offices of registered banks in the area where the Work is being done are open for over the counter business

14.2 The term “includes” or “including” (or any similar expression) is deemed to be followed by the words “without limitation”.

14.3 Words importing the singular include the plural and vice versa.

14.4 Headings are for convenience only and do not form part of, or affect the interpretation of, these Terms of Trade.

14.5 References to any party includes that party’s executors, administrators, successors and permitted assigns.

14.6 References to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any by-law, regulation, order, statutory instrument, determination, approved code of practice or subordinate legislation made under it.

14.7 References to “we” “us” and “our” include our employees, contractors and agents.

14.8 References to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity.