Terms & Conditions
General Terms & Conditions of Trade1.Conditions Applicable
1.1 A Job Order means a request, either verbally or in writing, by you for us to supply services and includes specifications, plans and project briefs whether prepared by you or by us.
1.2 These Conditions shall apply to all Job Orders, to the exclusion of all other terms and conditions, including any terms and conditions which you may attempt to apply under any purchase order, confirmation of order or similar document.
1.3 All Job Orders are an offer by you to engage us subject to these Conditions.
1.4 When we commence work under a Job Order it shall be conclusive evidence of your acceptance of these Conditions.
1.5 Any variation to these Conditions (including any special terms and conditions agreed between us) shall be inapplicable unless agreed in writing us.
2.The Services we shall supply
2.1 The Services which we agree to provide under a Job Order are described in the acceptance email accompanying these Terms.
2.2 You shall ensure that any Job Orders are sufficiently detailed and specific to allow us to complete such Job Orders to your satisfaction. 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 shall bear no responsibility for any goods supplied in compliance with those plans and specifications.
2.3 Each Job Order shall constitute a separate contract between us.
3.1 Where we are supplying our Services on an ongoing project basis for you, you shall appoint a representative to act as the principal point of contact between us and who shall be responsible for ensuring adequate and timely instructions or assistance is provided to us.
3.2 We may seek written approval to proceed at various stages of the project and it shall be your representative's responsibility to carefully check and provide such written approval before we are obliged to move to the next stage of the project. Any failure by your representative to provide written approval shall not affect the Price payable and we shall not be liable for any errors in a Job Order where the Job Order corresponds with a written approval signed by your representative.
3.3 Any variations to a Job Order shall not be valid unless set out in writing by the Client Representative.
3.4 Additional charges may be levied for any variations to the original Job Order on a time and materials basis.
3.5 We may require payment of a deposit or staged payments each month or at significant milestones during the project. We are under no obligation to commence or continue with work until such deposits or staged payments are paid. A request by us for a staged payment does not necessarily mean that work up to that stage will have been completed at the time of the request. All deposits are non-refundable.
4.Price and payment
4.1 Price: The Price shall be the price calculated in accordance with our published price list, current at the date of performance of the Services – see attached our current Price List. Materials are charged at suppliers' recommended retail rate in addition to our charges.
4.2 Deductions: You may not withhold payment of any invoice or other amount by reason of any right of set off or counterclaim which you may have, or allege to have, or for any reason whatever.
4.3 Estimates: From time to time we may provide an estimate for the work to be carried out. Where an estimate is provided it shall be regarded as an estimate only based upon the number of hours we anticipate the Job Order will take based on your instructions. We reserve the right to charge you a sum in excess of the estimate where the Job Order takes longer than estimated.
4.4 Quotes: We may also provide a fixed price quote for a Job Order. Quotations must be accepted within the time limited for acceptance in order to be valid.
4.5 Payment: Payment of the Price shall be of the essence and shall be due:
(a) For non-account customers: On completion of work;
(b) For account customers: within 7 days of invoice.4.6 The Price may be paid by cash, direct payment to our bank account, or credit card.
4.7 Unless an invoice contains a manifest error, all invoices are deemed accepted by you 5 days after delivery to you.
4.8 LATE PAYMENT PENALTIES
Invoices not paid on time are liable for a late payment penalty fee of $267+gst per month. As well as an interest charge at the rate of 2% per month on all sums outstanding.4.9 Property Management Companies using the Maintenance Manager Application attract a $10 administration charge per invoice, shown as van and administration charge.
5.Time for performance
5.1 Whilst we will use reasonable endeavours to ensure the start or completion of any Job Order by the dates agreed and achievement of agreed milestones by the dates agreed, having regard to the availability of personnel, supplies, facilities and commitments to other customers, any dates quoted for the commencement or completion of a Job Order are estimates only and time shall not be of the essence. We shall not be liable to you for the late completion of any Job Order.
5.2 We may sub contract any part of the supply of Services.
5.3 Strikes, etc: We are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, accidents, fire, failure of manufacturers to deliver and any other events beyond our reasonable control.
7.Dispute Resolution Process
7.1 If you are unhappy with the work done, the quality of the workmanship or the price charged, you must notify our Operations Manager at email@example.com in writing stating what you are unhappy with. We strive to maintain a high quality and professional service and will do our best to resolves any issues.
7.2 We try very hard to ensure that our workmanship is to your satisfaction, in the unlikely event that there is a claim for a refund or overcharge, please contact the office immediately on 0800 426 444 or firstname.lastname@example.org If there has been an overcharge or a double payment to your credit card please send a PDF copy of your statement to the email above and you will be contacted promptly.
8.Ownership and risk of materials supplied with Job Order
8.1 Ownership: Any goods or materials supplied by us shall remain our property until paid for in full and while any money is due to us. If any money remains unpaid or you are in breach of any obligation to us, we or our agents are authorised by you to enter your premises to recover and resell any or all of those goods or materials. We may require you to facilitate registration of a financing statement under the Personal Property Securities Act 1999 to give us a Perfected Security in any goods supplied.
8.2 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. Please ensure they are covered by your insurance.
9.1 You are responsible for obtaining any consent or other authority necessary for the work, prior to requesting our commencement.
10.1 If you wish to cancel a Job Order and you have paid a deposit you must notify us within 72 hours of the start time of the Job Order for a full refund of the deposit.
10.2 If less than 72 hours' notice is given we are only obliged to refund 20% of the deposit.
10.3 If less than 12 hours' notice is given then there is no refund.
10.4 There is no charge to reschedule work.
11.1 Where you breach these Conditions and such breach is capable of remedy, we may terminate all agreements with you where you have been given reasonable notice of the breach and it has not been remedied within the time stipulated.
11.2 Otherwise, where you:
(a) fail to make payment of the Price; or
(b) commit any other breach of these Conditions;
(c) any distress or execution shall be levied upon any of your property;
(d) offer to make any arrangement with your creditors;
(e) any bankruptcy petition is presented against you;
(f) are unable to pay its debts as they fall due;
(g) if being a Limited Company any resolution or petition to wind you up (other than for the purposes of amalgamation or reconstruction without insolvency) is passed or presented;
(h) a receiver, administrator, administrative receiver, or manager is appointed over the whole or any part of your business or assets;
then all sums outstanding in respect of any Job Orders shall become payable immediately.11.3 In addition, we may, in our absolute discretion, and without prejudice to any other rights we may have:
(a) Suspend all future supply of Services to you; and/or
(b) Terminate all Job Orders without liability on our part; and/or
(c) Charge interest at the rate of 2% per month on all sums outstanding;
(d) Collect any sums owing, in which case you shall be liable for any collection costs incurred on a solicitor / own client basis.
12.Warranties and insurance
12.1 In order to give you peace of mind, we carry insurance in respect of any negligent work carried out by us. However, please read this clause and clause 13 to understand the extent of our liability to you.
12.2 Where the Services are supplied for personal, domestic or household use or consumption and the Consumer Guarantees Act 1993 applies to a Job Order;
(a) If any of the Services fail to comply with any guarantee in the Consumer Guarantees Act, we will remedy the problem at no cost to you.
(b) Without excluding our obligation under the Consumer Guarantees Act 1993, you acknowledge that we do not provide any express guarantees (as defined in that Act) other than those expressly confirmed by us in writing.
12.3 If the Goods are acquired by you for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.
12.4 The following terms apply where the Consumer Guarantees Act 1993 does not apply to a Job Order or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) Defective Services or Services which do not comply with a Job Order may, at our discretion, be rectified, or the price refunded.
(b) Any right which you may have to reject non-confirming or defective Services will only be effective if:
(i) You notify us in writing within 48 hours following completion of the Job Order.
(ii) We will not fix any problem so long as you are in default in relation to any amount owing.(c) We accept no liability for any claim by you, or any other person including, without limitation, any claim relating to or arising from:
(i) Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for purpose, tolerance to any conditions, merchant ability or otherwise, whether expressed or implied by law, trade, custom or otherwise, or:
(ii) Any representation, warranties, conditions or agreements made by any agent or representative which are not expressed confirmed by us in writing, or any services forming part of the supply of the Services which have been performed by any third party, and you agree to indemnify us against any such claim;
(iii) Where we cause damage and that damage arises from carrying out your instructions.13.Exclusion of Liability
13.1 We shall be under no liability whatsoever to you for any indirect or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these Conditions.
13.2 In the event of any breach of these Conditions by us, your remedies shall be limited to damages. Our liability to you for claims arising out of negligence shall not exceed $5 Million.
13.3 You shall indemnify us for all loss or damage arising by reason of your negligence or the negligence of your employees or contractors, or any breach by you of these Conditions.
13.4 You shall carry all necessary insurances to protect yourself from any damage or liability.
14.1 You authorise us to use information collected from you and to collect information from third parties for purpose relating to performance under this agreement.
15.1 Incidental to this agreement we may each be exposed to confidential information belonging to the other. We both agree that we will keep such information confidential and shall only use that information for the purposes of complying with our respective obligations under this agreement.
Website Sales Terms & Conditions of Trade
16.Acceptance of terms
16.1 These terms and conditions govern all supply of goods and services ("products") by Watertight Pluming Limited ("Watertight Pluming Limited", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.watertightplumbing.co.nz ("the website"). They are effective from the date posted online and will replace all earlier Watertight Plumbing Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
16.2 We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
16.3 To make a purchase from our online shop you must be 18 years of age or over.
16.4 Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
16.5 If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
17.Availability and supply
17.1 All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
18.Delivery and delivery charges
18.1 Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
18.2 We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.
18.3 We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
19.1 All prices shown on our website are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
19.2 An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
20.1 We accept Visa and MasterCard
21.Credit Card Security
21.1 All payments are processed via Payment Express secure payments system to ensure high levels of payment security and are subject to Payment Express terms and conditions.
22.1 Change of mind refunds
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy. An exchange may be possible if arranged before the job commences.
Please see Section 10
23.1 Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
23.2 We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
23.3 To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
23.4 Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
24.Applicable law and jurisdiction
24.1 Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
24.2 Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
24.3 Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
24.4 You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
25.1 Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
25.2 Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
25.3 We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
25.4 You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
25.5 We may disclose your personal information as required by law.
25.6 Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
25.7 You can request details of your personal information that we hold, and ask us to correct it, at any time.
26.1 We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.watertightplumbing.co.nz
26.2 If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
26.3 If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
26.4 Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
26.5 We may deliver notices to you by sending them to an email address that you have notified to us.