Renovations and Landscaping Terms & Conditions
DEFINITIONS: In this Agreement unless indicated otherwise:
The Contractor means Pure Style Limited trading Pure Style Home and Garden, with "us" "we" and "our" having corresponding meanings
'Client_ means a person/s or company who engages Pure Style Limited' with "you, and "your" having corresponding meanings
QUOTATIONS AND ACCEPTANCE
Any instructions received by The Contractor from the Client for the supply of goods and services shall constitute acceptance of the terms & conditions contained herein.
Quotes are given and will be clearly labelled.
If a quote is accepted, the goods and services will be completed for that price, unless the Contractor and the Client agree to a change.
Quotes are valid for 30 days from the time the quote is given and will lapse if not accepted within that time.
A deposit will be required and payable prior to commencement of the job and will be written into the quote.
VARIATION TO THE QUOTE
Progress payments may be required and will be written into the quote.
Hidden costs caused by unforeseen complications encountered in respect of the site, such as hidden boulders, underground services, contaminated soil or materials, pre-existing faults, incompatible existing equipment which were not visible on inspection of the site, are not covered under the original quote and will be discussed with the client and quoted separately.
UNDER AND ABOVE GROUND SERVICES (In regards to landscaping only)
The client must ensure the site is free of rubbish before we will commence work. If clean-up of the site is required by us the times and costs involved are not included in the quote and will be quoted separately.
The client will be responsible for the searching of records to determine the presence and location of pipes, cables and other services (including legal survey markers as per the Surveyors Act 1966) on or near the Site, the position of such services shall be indicated in writing.
The Contractor will be responsible for physically locating the position of the services supplied by the client and shall arrange with the controlling authorities for any required investigative work, position, protection, isolation, re-establishment or modification where required. We will also record any modifications made to services.
The Contractor will be responsible for protecting all services and reinstatement or repair if any damage is caused by our operations, subject to the first paragraph under this section (UNDER AND ABOVE GROUND SERVICES)
Where a service is not indicated or is not in the position indicated in the document supplied by the client any extra work required in locating, altering, protecting or reinstating shall be classed as a variation and will not be covered under the original quote.
The Contractor holds public liability InsuranceWARRANTY
The client is to seal all timber products within 2-3weeks of completion as per instructions. If this is not done the contractor is not liable for any repairs if the timber moves, splits or opens up etc. (landscaping only)
EXEMPTION OR LIMITATION FROM LIABILITY WHERE PERMITTED BY LAW
Always subject to the laws of New Zealand, any fault in workmanship will lead to the Client notifying the contractor within 14 days from completion.
The Contractor will exercise due diligence and skill in the carrying out of our obligations, however we and our employees and agents excluding all statutory and common law conditions, guarantees and warranties will not be bound by;
Any representation made unless they are in writing for damage or faults and not notified within 14 days of invoice.
Loss caused by any factor beyond our control.
Failure to deliver the goods and services by any specified dates.
Loss consequential to any of the above.
We will however be liable to you for any breach of contract within our control.
The Contractor is required to act within all New Zealand laws pertaining to their profession, including the:
The Fair Trading Act 1986
Health and Safety in Employment Act 1992
Fencing of Swimming Pools Act
The Resource Management Act
Building regulations Act 1992
Construction Contracts Act 2002
Consumer Guarantees Act 1993, unless the intended use of the product supplied is for business purposes, then the guarantee under the Consumer Guarantees Act 1993 does not apply.
It is the Client’s responsibility to provide the Contractors and their equipment with easy access to the site, and access to available water, electricity, toilet and washing facilities.
PERMITS AND CONSENTS
The Client is required to ensure that children are supervised and not permitted to wonder the site whilst work is in progress. Any dogs are required to be secured at a safe distance from the site and the workers.
Obtaining and paying for the relevant permits will be discussed with the client and written into the quote.
If obtaining any permit is unsuccessful by either the Contractor or the client, we will discuss with the client any alterations required. Any changes will not be covered under the original quote.
Any plans and designs supplied by us, unless otherwise agreed, remain the copyright of Pure Style limited until the job is completed.
We cannot be responsible for any copyright breaches caused by plans and/or designs submitted by the client.
INTELLECTUAL PROPERTY RIGHTS
We reserve the right to refuse to use plans and/or designs supplied by the client.
Intellectual property rights to all information, designs, plans, templates, documents, resources etc…supplied to the client by
The Contractor remain our property, unless permission is granted in writing.
The client may not assign any of its rights or obligations under this agreement without the prior consent of Pure Style limited.
Payment is due within 7 days from the date of completion unless otherwise agreed.
INTEREST AND LEGAL EXPENSES
Preferred methods of payment are internet banking or cash, with cheques accepted only if agreed to prior to the job commencing.
If the Client fails to make a payment by the due date the Client shall be liable to pay the Contractor Default interest on the amount outstanding calculated at Principal bank lending rate plus 5% per month and shall accrue after as well as before judgement.
All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to the Clients account and the Client is liable for its payment.
PRIVACY ACT Subject always to the provisions of the Privacy Act 1993.
Upon default of any payment due by the Client to The Contractor or, either before or after any period of the credit expires, upon the Client becoming insolvent or having a receiver appointed or going into liquidation, The Contractor may enter the premises where the goods are kept and recover possession of the goods subject to the Credit (Repossession) Act 1997
The Client permits the Contractor to collect, use and retain information concerning the Client, for the purpose of assessing the Clients credit worthiness or to enforce any rights under this contract.
PERSONAL PROPERTY SECURITIES ACT 1999
The Client permits the Contractor to disclose information obtained to any person for the purposes set out in clause (a) of this section.
The client agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms defined in the Personal Property Securities Act 1999 (“PPSA”) in respect of which the contractor may register a financing statement on the Personal Property Securities register. The client hereby waives its rights contained in sections 116,119,120(2), 121,125,126,127,129,131 and 132 of the PPSA.PERSONAL GUARANTEE
The client guarantees payment of all monies and obligations now due or to become due and agrees to be jointly or severally answerable to the Pure Style Limited and the following provisions shall be applicable to this guarantee.
This is a continuing guarantee, No winding-up or bankruptcy of the client or Clients Company shall affect the client's liability to the Contractor
This guarantee will continue in force notwithstanding that the clients account with ‘Pure Style Limited' may from time to time be current and up to date
The Contractor may cancel these Terms & Conditions or quote by giving notice.
The Contractor shall not be liable for any loss or damage arising from such cancellation and all outstanding costs incurred are payable by the Client to the Contractor.
The client may cancel services at the client’s sole discretion and will be liable for any costs incurred and owed to the Contractor.
We reserve the right to refuse a job or stop a job inprogress if for any reason we believe to continue would be in contradiction of our professional or personal integrity. Any payments owed to us are payable by the client.
In the event that you have a dispute relating to or arising from work completed you must immediately notify the Contractor by giving details of the dispute.
The Client agrees that the Contractor and you the client acting in good faith will then endeavour to resolve the dispute.
If the dispute cannot be settled amicably both parties agree to refer to arbitration under the Arbitration Act 1996
If any of these Terms and Conditions are held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.DISCLAIMER
The Contractor does not accept responsibility for any issues arising which are beyond their control.METH AND ASBESTOS TESTING
Under the Health and Safety at Work regulations we have a responsibility to ensure our staff’s safety while working on-site. Therefore before commencement of the job we may require you to supply a report completed by an experienced independent body showing Meth and/or Asbestos testing has been completed and the site is free of contaminants. This will be required if we have reason to believe either of these contaminants may be present in the work area and pose a considerable risk.