1 Acceptance
1.1 These terms of trade apply to all trade between us and you (unless otherwise agreed in writing). These terms are effective from the above date until these terms of trade are replaced by another document. By engaging us to carry out work or acceptance of a quote or estimate provided by us constitutes acceptance by you of these terms.
2 Definitions
2.1“us” or “we” or “our” means Alex Hyland Plumbing Ltd and any of its related companies who have supplied goods or services.
2.2 “you” or “your” means you the person who has requested the Services to be supplied by us and accepts these terms of trade, and includes your employees, and authorised sub-contractors.
2.3 “Goods” mean the goods supplied to you by, which are typically described by item or indicated on the invoice associated with those goods.
2.4 “Job” means the scope of the Services provided in our quote or estimate,
2.5 “Services” means the service supplied by us to us pursuant to these terms of trade.
2.6 “Site” means the site address at which the services are carried out.
3 Responsibilities
3.1 We will:
3.1.1carry out the Services with reasonable skill and care, in accordance with the plans and specifications (if any), the Building Act 2004, the Building Code and any building consents issued in respect of the Work; and
3.1.2 comply with the Health and Safety Work at Work Act 2015, including having all appropriate site documentation carried out and checked on a regular basis.
3.2 You will:
3.2.1 ensure all plans and specifications supplied to us for the Services are accurate;
3.2.2 obtain any necessary consents or other authority approvals for the Services and ensure compliance with all legislation, regulations, by-laws or rules in connection with the installation, operation and provision of the Goods and Services. You will provide proof with these if requested;
3.2.3 ensure any materials, plant, and equipment required for the Services supplied by you comply with the Building Code and are fit for purpose, and all plant and equipment comply with all health and safety legislation, codes, and requirements;
3.2.4 advise us of boundaries and the specific location of underground utilities such as hidden mains and services; this includes but is not limited to electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, and oil pumping mains. If required, you will provide us with a survey plan of the Site.
3.2.5 ensure that you have sufficient title or other authority from the legal owner to authorise the Services, and that we have sufficient access to the Site to provide the Services.
3.2.6 be responsible for compliance with the Health and Safety at Work Act 2015 on the Site and advise us of any hazards prior to commencement of the Services.
3.2.7 ensure that it has sufficient funds or finance to meet its financial obligations when they fall due;
3.2.8 provide the correct billing information, contact information, and work order number prior to the Services carried out by us. If you ask us to amend invoice details after the invoice has been set out an administration fee at $15.00/0.25hr may apply.
4 Price
4.1 Standard’ business hours are from 7.00am – 4.30pm Monday to Friday, and normal charges apply during these hours.
4.2 Work done outside of standard business hours is subject to a call out fee and an afterhours rate to fairly compensate our staff for additional work hours. Call outs within one hour of the end of the business day may not always be met within business hours, and the after-hour rate may be applied.
4.3 A minimum charge of one hour applies to all jobs and call outs during standard business hours, after hours and public holidays.
4.4 Site visits may be charged when asked for consulting purposes. Consultation work will include, but is not limited to: advice on how to best carry out the Work, advice on how to use Goods we have not installed, advice on repairs for previous work not undertaken by us, insurance reports, and completing consent documentation on behalf of you.
4.5 If, in the course of a job, you ask us do work that falls on a public holiday or anniversary day – actual or observed- additional fees apply to cover staff’s day in lieu and overtime rates.
4.6 If, in the course of undertaking work for you, we are required to pay for parking or any other vehicle travel costs these will be passed on to you.
4.7 A vehicle charge is included with each vehicle trip made to the Site, this includes for Work and for site visits requested by you prior to work commencing. Additional vehicle charges may be included to cover vehicle trips to merchants to pick up or return materials.
4.8 Additional travel time and fuel costs are charged for any work that requires travel outside of Central Gisborne.
4.9 If you want to supply all materials, a labour only rate may apply.
5 Payment
5.1 You will pay in full for the Goods and Services no later than the date specified on our invoice. You will not have any right of set-off or deduction against the required payment or on account of any money which we may owe you. Payments are to be made by electronic funds transfer to the nominated account unless agreed otherwise.
5.2 Any amount which is not paid within due will incur interest at the rate of 2% per month compounding daily on the outstanding balance (both before or after any judgement, and in addition to any other rights and remedies). An immediate amount of $50.00 will also be levied administration fee. All costs of or incurred by us as a result of a default by you including but not limited to administration charges, debt collection costs, and/or legal costs are payable by you.
5.3 The price for the Goods and Services supplied by us will become immediately payable, regardless of any other terms of payment, and we may take immediate action to recover the price. This includes if you are in default under any agreement with us or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors' composition, or has its credit standing impaired in any way.
5.4 Progress payments covers the labour and materials for work done to date. As part of these Terms of Trade you accept you will pay progress invoices before or on the due date stipulated. Services provided by us may be put on hold until progress payments have been made by you.
5.5 We may require a deposit by from you i) prior to Services commencing or ii) prior to obtaining Goods required for the job. If the deposit is not paid in full 7 days prior to the Services or Goods is due to start, we may without further notice cancel the Services or Goods and such cancellation is without prejudice to any other rights and remedies.
5.6 We reserve the right to invoke the Construction Contracts Act 2002 (CCA) in respect of any services pursuant to these terms which the CCA may apply.
5.7 If an invoice is rendered in accordance with the payment claim provisions in the CCA, you are to provide a payment schedule which complies with the requirements of the CCA to us within 3 working days of service of the payment claim. If a payment claim is not provided within this period, you are liable to pay the whole amount of the payment claim and cannot dispute any sum in the payment claim.
5.8 If you need to discuss any aspect of payment, or is dissatisfied with the invoice, it is your responsibility to contact us via the office number or office email address within 14 days of the invoice date.
6 Quotes and Estimates
6. If you ask us to price a job and a Site visit is required, you may be charged for that Site visit (minimum of half an hour) regardless whether you accept the price or not.
6.2 All quotes and estimates are valid for 14 days, after which we reserve the right to amend if necessary to allow for price variances.
6.3 You may request variations to the Services. With the exception of the variations set out in clause 6.5, all variations must in writing and contain the following:
6.3.1 A description of the work required under the variation;
6.3.2 Any required amendments to the consents as issued or any additional approvals, consents or licences that will be required;
6.3.3 Any agreed adjustment to the contract price and/or the completion date for the Services.
6.4 Unless otherwise agreed, you may not request a variation omitting or reducing the Services to be performed.
6.5 We are entitled to claim a variation for the following without the requirement for your agreement:
6.5.1 any emergency work required for health and safety or environmental reasons; including handling of hazardous substances (including asbestos);
6.5.2 additional work and/or changes to the Services caused by any consent requirements;
6.5.3 unforeseen physical conditions, substitutions of any materials, wages and price changes; or
6.5.4 any increase in costs arising from a failure or delay on your part in complying with these terms.
6.6 All variations claimed under 6.3 and 6.5 will be charged at the standard hourly rate and cost of materials.
7 Delivery and Return
7.1 Delivery of goods will be deemed to be made to you when the goods are first dispatched from our premises or collected by you or your agent. All carriers of goods are deemed to be your agent.
7.2 We may stop future deliveries until you have paid for all previous supplies of goods or services supplied by us (whether payment is due or not).
7.3 If we are unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event) we may suspend delivery or cancel your order without incurring any liability for loss or damage suffered by you.
7.4 Goods will only be accepted for return with the prior approval of us. Freight and all other costs associated with the return of goods will be at your expense unless otherwise agreed in writing with us.
8 Ownership, Enforcement and Personal Properties Securities (PPSA)
8.1 You acknowledge that the legal, equitable, and beneficial ownership and title to any plant, equipment or materials brought onto the Site by us remains vested in us at all times.
8.2 Ownership of the Goods will not pass to you until you have paid for the Goods in full. In addition, any proceeds of the sale of goods prior to your payment will belong to us.
8.3 If payment is overdue in whole or part we, without further notice, may enter upon the Site (itself or by external agents) in order to repossess secured Goods. We will not be liable for any costs, expenses, damage or loss of any kind suffered by you as a result of repossession.
8.4 To secure such obligations, for the purposes of the Personal Property Securities Act 1999 (PPSA), you agree that a security interest is granted of the property described in clause 8.1 and 8.2 (and all proceeds of that property). All payments received may be applied by us in such manner as is desirable to preserve any purchase money security interest in that property. You agree that nothing in section 114(1)(a), 116, 117 (1)(a), 120(2), 121, 125 to 127, 129, 131, 133 and 134 of the PPSA applies, and waives the right to receive a verification statement or financing change statement in respect of any security interest.
8.5 Until the ownership of the Goods has passed to you, you will not be entitled to sell or deliver possession of the Goods to any other person.
9 Risk
9.1 Goods are at the sole risk of you upon delivery to premises whether received by you or not. Once delivered, you will at all times insure the Goods and keep them insured for their full value against all causes, including loss or damage by fire and theft. If the Goods are lost, damaged or destroyed, you must agree to make a claim against the insurance policy.
9.2 In the presence of plant/tree root growth and/or blockages, you acknowledge and agree this commonly indicates damaged pipes. Accordingly, you agree that these pipes cannot be fixed by removing plant/tree growth or cleaning the drain, therefore no warranty is provided against this situation arising again in the future and in respect of any Services carried out in relation thereto.
9.3 The installation of some appliances or fixtures and fittings can as a consequence cause damage to existing pipework or plumbing systems. You agree to indemnify us against any such loss, damage or claim that may arose if the existing pipe work is unable to accommodate the installation of the appliances.
9.4 Risk in the Services will pass to you when the Services is complete at the Site.
10 Subcontractors
10.1 We can organise subcontractors on your behalf upon request, this will incur an administration fee.
11 Delay and Extensions of Time
11.1 We will not be liable for any delay in carrying out the Services due directly or indirectly to circumstances reasonably outside its control, including disputes with subcontractors, bad weather, force majeure, pandemics or epidemics, accidents, fire, shortage of labour and/or materials, labour disputes, variations, failure of suppliers to deliver, acts of any government, territorial authority or similar body, or unforeseen site conditions including the presence of asbestos and other contaminates.
11.2 If we have agreed to complete a Job within a specified timeframe in writing, and extension of time is required due to any of the above reasons or any other reason beyond our reasonable control, we will (if requested) provide written notice to you of any such extension of the time required to complete reasonably promptly after we become aware of the delay, together with details of a new completion date.
12 Insurance
12.1 You are responsible for insuring the work on their Site (and we may at any time require that proof of such insurance is provided). We will arrange public liability insurance up to $10,000,000 against liability for loss or damage to any property, or injury or death or illness which arises from carrying out the Work.
13 Defects Warranty
13.1 If the Services relates to a household unit, you may give notice of any defect within 12 months of completion of the Services. We will remedy any defects in the services provided within a reasonable time of notification. You must notify us in writing of the defect as soon as possible after the defect becomes apparent.
13.2 We are not liable for any defect within reasonable tolerances and the warranty, including clause 13.1, will not cover any defect caused by or arising out of:
13.2.1 the actions of any person outside of our control;
13.2.2 failure on your part to properly maintain Goods or use Goods/Services in a manner they are intended to be used;
13.2.3 failure on your part to follow any instructions or guidelines provided by us or the manufacturer of Goods;
13.2.4 the continual use of any Goods after any defect becomes apparent or would have been apparent to a reasonably prudent user;
13.2.5 fair wear and tear, any accident or act of God;
13.2.6 repair, alteration or overhaul of the Goods or Services provided by anyone other than us or without our consent.
13.2.7 failure of other parts of the plumbing system caused by a lack of maintenance following the repairs provided in the Services.
13.3 In the event that you have an outstanding invoice with us, either in part or whole, we have the right to ask you to pay any outstanding account prior to remedying any defects. You acknowledge, unless otherwise in agreement with us, that the defect will be remedied once the outstanding account is paid.
13.4 For Goods sourced/obtained by us, we will use its best endeavours to enforce any guarantees or warranties given by the manufacturer of Goods supplied.
13.5 When we have agreed to use/install Customer supplied parts, these parts are not warranted by us and clause 13.1 and 13.4 will not apply.
13.6 These terms do not limit the implied warranties as set out in s362I to s362K of the Building Act 2004.
14 Suspension and Termination
14.1 We may suspend the Services by notice if you default in any of its obligations under these terms, including failing or refusing to pay any invoiced amount in full by the due date for its payment. Such suspension is without prejudice to any other right to which the Contractor might be entitled.
14.2 We may terminate its obligations under these terms if at any time you become bankrupt, goes into liquidation, or has a receiver or statutory manager appointed, or defaults in its obligations under these terms and does not remedy that default within 5 Working Days of receiving a notice requiring remedy.
14.3 On termination under clause 14.2 all monies owed to us will be payable immediately.
15 Limitation on liability
15.1 In addition to the other provisions relating to liability in these terms, we will have no liability to you other than in relation to direct reasonably foreseeable losses incurred by you as a result of our breach of these terms. We are not liable for any loss, liability or costs incurred by or any injuries suffered by you or any other person which are an unavoidable result of carrying out the Services or remedying any defects in accordance with these terms.
15.2 In the event that we are liable for any breach in accordance with 15.1, it is agreed between you and us that liquidated damages payable to you under any such finding of liability will be limited to a maximum of the amount paid by you for the Job.
15.3 Other than in relation to defects in the Services as referred to in clause 13.1, you must lodge any claims with us within 3 months of the date of completion of the relevant part of the Service otherwise any such claim will be regarded as invalid. Any claim submitted must be sufficiently detailed so as to clearly identify what aspect of the Service is defective.
16 Dispute
16.1 If there is any dispute relating to these terms or the Services, the party raising the dispute must give the other party written notice specifying particulars of the dispute.
16.2 If negotiations between the parties do not resolve the dispute, either party may refer a dispute to adjudication under the CCA or bring a claim before the Disputes Tribunal or the High Court, as appropriate.
17 Privacy
17.1 You agree that we are authorised to:
17.1.1 access, collect and retain any information we may reasonably require about you in order to provide the Services; and
17.1.2 to use any information collected for the purpose of providing the Services or obtaining a credit reference, debt collection, notification of a default, marketing or meeting its anti-money laundering obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 or any amendments to that Act.
17.2 You must notify us of any changes in circumstances that may affect the accuracy of the information provided by you.
17.3 You have a right of access to, and may request correction of, personal information held by us or a third party about you. For those purposes, you understand that he or she may contact us for information.
18 General
18.1 Unless expressly provided otherwise in any written agreement between us and you, these terms of trade constitute the entire agreement between us and you relating to the supply of goods and services by us to you.
18.2 Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision will be affected and the remainder of these terms of trade will remain in full force and effect.
18.3 These terms of trade will be construed in accordance with and be governed by the laws of New Zealand.
18.4 We can vary these terms at any time by notification to you. You cannot vary these terms other than with our express written consent.