Terms of Trade

1. INTRODUCTION

All goods and services supplied by us to you are supplied on these terms of trade, unless otherwise agreed in writing. By accepting a quote or otherwise instructing us to commence work, you agree to be bound by these terms.

2. OBLIGATIONS
   • We will:
     • provide the goods and services in a timely and efficient manner; and
     • not be liable for any delay or non-performance in providing the goods or services if the delay or non-performance is attributable, either directly or indirectly, to circumstances beyond our control.
   • You will:
     • pay all amounts due and payable to us; and
     • provide us with all necessary plans, specifications and other information required for us to provide the goods and services. We are entitled to rely on the accuracy of the information you provide and shall not be obliged to check it; and
     • provide at no cost to us clear and free access to the site, and the necessary power connections and any other services that we specify are required. Of clear and free access is not supplied for any reasons, we may charge you the resulting additional costs incurred, including time lost.
   • In each and every respect, time shall be of the essence, in the performance of a party’s obligations under these terms of trade.
3. QUOTING AND PRICING
   • The price for the goods and services will be as quoted by us in writing to you. If we have not provided a written quote, then our standard charges apply.
   • Quotes are valid for 30 days. We may withdraw a quote at any time before it is accepted by you.
   • All prices are exclusive of GST, freight, and handling (if applicable).
4. STANDARD CHARGES
   • We also reserve the right to charge on a time attendance basis in the following circumstances:
     • Investigating an unknown issue at your request to determine the cause and/or location of the problem and/or how it may be fixed;
     • Repairing or replacing unexpected damage and/or removing/disposing of unexpected materials;
     • Any time lost/additional cost incurred due to a discovery of asbestos or other toxic substance at the location.
   • Our current hourly rates range from $80 – $85 subject to a minimum labour charge of $80. All charges are GST exclusive and are subject to review at any time.
5. PAYMENT
   • Payment must be received by us within seven (7) days of our invoice unless we have agreed otherwise in writing with you.
   • We may charge you a surcharge for payments made by credit card.
   • All amounts outstanding after the due date will be subject to late payment interest charge of up to 5% per month, compounding.
   • We may recover from you all legal and debt collection costs, including legal costs on a solicitor/client basis, incurred by us in enforcing or attempting to enforce our rights under these terms of trade.
   • You may not set off any payments owing to us against any claims that you may have against us.
6. MONITORING
   • Where you engage us to provide monitoring services, we do this in conjunction with Monitor New Zealand Ltd: https://www.monitornz.co.nz/
   • All monitoring services are governed by Monitor New Zealand Limited’s own conditions, a copy of which is provided to you when monitoring is arranged and is available upon request.
7. OWNERSHIP AND RISK
   • Where we supply any goods to you, ownership does not pass to you until you have discharged all outstanding indebtedness, whether in respect of the goods or otherwise, to us.
   • Until we have received full payment, we may register a financing statement pursuant to the provisions of the Personal Property Securities Act 1999 to secure payment in relation to the goods.
   • We will take reasonable precautions to preserve the goods pending delivery to you. Notwithstanding this, the risk in the goods passes to you from the time the goods leave our premises.
   • In relation to work that we perform for you, you will acquire ownership of the product of that work in its tangible form including any correspondence, reports, and other documents prepared for your use. You are entitled to receive any such papers provided you have discharged all outstanding indebtedness to us.
   • We retain ownership of our working papers and the copyright and all other intellectual property rights in the work that we do for you. We are entitled to use, analyse, share and develop the knowledge, experience, and skills of general application gained through working with you.
8. HEALTH AND SAFETY
   • We reserve the right to stop, reject or defer work if we deem conditions to be unsafe.
   • If you are a ‘person conducting business or undertaking’ as defined under Health and Safety at Work Act 2015 then you:
     • Shall be responsible for compliance with that Act in respect of the site and shall advise us prior to commencement of any work requiring installation of any hazards on the site;
     • Are obliged to ensure that all our staff are informed of your health and safety procedures; and
     • Indemnify us for any loss we incur due to any breach of that Act by you or any of your employees, contractors, agents or officers.

9. WARRANTIES AND TOTAL EXCLUSION OF LIABILITY
   • Except as required by law, or as outlined in a quote given to you by us, we give no express warranty in relation to any goods or services supplied to you. You acknowledge that you have not relied on any representation or warranty made on behalf of us. You acknowledge that any damage by causes outside of our control, such as power spike, lightning, water, insect, rodent and the like, is not warranted.
   • Certain legislation may imply conditions and warranties into these terms of trade. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded.
   • You acknowledge that if you acquire the goods and services for a business purpose, then the statutory guarantees and implied terms, covenants, and conditions contained in the Consumer Guarantees Act 1993 are excluded.
   • Notwithstanding any other clause in these terms of trade, under no circumstances shall we be responsible to you for any injurious actor or default of us, nor, in any event, shall we be held responsible for any loss, injury, or damage suffered by you.
10. TERMINATION
    • You may give notice to us at any time that you no longer wish to receive goods and/or services from us. If this occurs, you must pay our fees for work done, and any other charges incurred, up until the date of termination.
    • Without prejudice to any of our other remedies, if any account payable by you to us is overdue or you become insolvent, commit an act of bankruptcy, enter into or are likely to enter into any arrangement with your creditors, or if a resolution is passed or proceedings commenced for the liquidation or voluntary administration of you or if a receiver is appointed in respect of all or part of your assets, then:
      • we may cancel any outstanding order or arrangement with you; and
      • any moneys payable by you to us whether due for payment or not will become immediately due and payable.

11. NOTICES

All notices or other communications to be given under these terms of trade will be given at the recipient’s email or last known place of address.

12. PERSONAL INFORMATION

You authorise us to collect, retain, use and disclose information about you, for the purpose of assessing your credit worthiness, enforcing any rights under this agreement, or marketing any Goods and/or Services provided by us to any other party. Where you are a natural person the authorities under this clause are authorities or consents for the purposes of the Privacy Act 2020.

13. GENERAL
    • No Waiver

No waiver of any breach of, or failure to enforce, any provision of these terms of trade at any time by any party in any way affects, limits, or waives the right of such party thereafter to enforce compliance with these terms of trade.

• Entire Agreement

These terms of trade record the entire agreement between the parties and prevails over any earlier agreement, written or oral, which are of no further effect.

• Amendments

No amendment to these terms of trade is enforceable unless it is in writing and signed by the parties.

• Further assurance

Each party will promptly do everything reasonable required to give effect to these terms of trade.

• Partial invalidity

If any part of these terms of trade is held to be invalid or unenforceable by any judicial or other competent authority but would be valid or enforceable if some part of the provision were modified or deleted, the provision in question will apply with the minimum modification or deletion necessary to make it valid and enforceable, and the other provisions in these terms of trade will be unimpaired and will remain in force and effect.

• Governing Law

These terms of trade are governed by and will be construed in accordance with the laws of New Zealand.  Any dispute will be determined by the exclusion jurisdiction of the New Zealand courts.