Terms of Trade
1.0 Acceptance of Terms and Conditions
1.1 Contracting the Supplier to carry out work or acceptance of a quote/contract provided by the Supplier constitutes acceptance by the customer of these terms and conditions.
2.0 Quotes and Estimates
2.1 All quotes or estimates are valid for 30 days, after which we reserve the right to amend if necessary to allow for price variances.
2.2 That the work quoted for will proceed smoothly and there are no unforeseen difficulties with the work or time delays caused by the customer or for reasons outside the Supplier's control.
2.3 Where additional services are required due to the discovery of hidden or unidentifiable difficulties, the Supplier has the right to adjust the quoted price accordingly. This includes and is not limited to poor weather, limitations to accessing the site, prerequisite work by any third party not being completed, change of design, any of which are discovered on commencement of the order. The Supplier may, at its option, cancel this contract if an agreement is not reached with the customer regarding any price difference.
2.4 No variations to the work originally quoted shall be carried out without the written agreement of both the customer and supplier.
2.5 Where the customer and the Supplier have agreed to the variation, the Supplier will be entitled to charge for the work involved in such variation at the Supplier’s usual rate.
3.0 Price and Payment Terms
3.1 Payment terms are as indicated on any invoices and or quotes/contracts supplied by the Supplier. Standard payment terms will be 7 days, 14 days or 20th of the following month and will be stipulated on the customer's invoice. Progress payments may be required in some instances, and this will be outlined in the quotation/contract by the Supplier.
3.2 Should a job be cancelled after acceptance of the quote and payment of a deposit, the Supplier has the right to deduct all costs incurred for Materials, labor and profit in relation to that job from the deposit.
3.3 All goods and services are supplied at the price ruling at the delivery date, and the Supplier reserves the right to pass on to the customer any price increase incurred after the date of any quote.
3.4 All prices as quoted are exclusive of goods and services tax unless otherwise stated.
3.5 Where there is an unforeseen price increase by a Supplier that has not been accounted for in our quote or estimate, the Supplier will supply a variation of the direct increase to the client with no margin being added. The variation will be supplied at the time of the increase and paid under the supplier's normal terms, not at the end of the job.
3.6 Due to Covid, there have been some issues with product availability. Should there be a change of product after the quote has been accepted, the Supplier will consult with the client and make any changes to products as agreed. Any changes will be passed on as a variation, and the quote adjusted. This will work if there is either an increase or a decrease in the original product price.
3.7 If full payment is not made by the customer to the Supplier in accordance with clause 3.1 or 3.2, then the customer will be in default under this contract and the Supplier may exercise all of the rights and remedies set out in this contract and otherwise available within the law; and
3.8 The customer will be liable for all expenses incurred by the Supplier in recovering the debt, including but not limited to collection agency fees, legal fees and court costs, inclusive of the dispute tribunal.
3.9 The customer shall be liable to pay interest at the rate of 2% above the current bank Interest on overdue invoices shall accrue monthly from the date when payment becomes due, until the date of payment, at a rate of two percent (2.0%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
4.0 Variations: Materials supply, Dimensions, Plans and Specifications
4.1 Any variations to the original quotes will be documented by the Supplier and are to be signed and accepted by the customer before work resumes. The account for the variation will be issued with your invoice and will be paid under our normal payment terms.
4.2 The Supplier shall be entitled to rely on the accuracy of any plans, specifications and other relevant information supplied by the client. It shall be the client’s responsibility to check all measurements and specifications supplied in any quote or estimate prior to acceptance or approval. Should there be any changes required, this must be advised to the Supplier in writing prior to placing any order or accepting any quote. Any extra costs due to incorrect information being supplied will be met by the client.
5.0 Responsibility for the Site
5.1 The Client shall ensure that the Contractor has clear and free access to the work site at all times to enable them to do the Work.
5.2 Prior to the Contractor commencing any work, the Client must advise the Contractor of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are 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, oil pumping mains, and any other services that may be on site. Whilst the Contractor will take all care to avoid damage to any underground services, the Client agrees to indemnify the Contractor in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified.
5.3 The Client warrants that any structures to which we install or affix equipment and materials are sufficiently durable to withstand the installation or affixation of the materials and equipment, and any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity.
6.0 Liability on Claims
6.1 All claims against the Supplier by the customer must be made in writing within 7 working days of receipt of the Supplier's invoice.
6.2 The Supplier reserves the right at its discretion to repair or replace goods or to credit the portion of the price applicable to the goods and services in respect of any claims accepted.
6.3 The Supplier will use its best endeavours to enforce any guarantees or warranties given by the manufacturer of any goods supplied by the Supplier.
6.4 In any event, the total liability to the Supplier for any loss arising from any defect or non-compliance of the goods and services or any other breach by the Supplier of its obligations under this agreement will not in any circumstances exceed the price quoted by the Supplier.
7.0 Ownership
7.1 Property in and ownership of the goods remains with the Supplier until all money the customer owes to the Supplier has been paid in full.
7.2 The Supplier reserves the right to register its financial interest in the goods or services on the Personal Property Securities Register.
7.3 If the customer is in default under these terms and conditions, then the Supplier will be entitled, without notice, to repossess the secured goods. The customer authorises the Supplier or its representatives, servants, agents or employees to enter the property where the secured goods are situated for the purpose of repossession. The Supplier will not be liable for any costs, expenses, damage or loss of any kind suffered by the customer as a result of repossession.
7.4 Any repossessed goods may be disposed of at the discretion of the Supplier, and any monies gained shall first be deducted from any money the customer owes the Supplier, including any interest due and any expense occurred by the Supplier in enforcing its rights. Any surplus will pass to the customer.
8.0 Consumer Guarantees Act
8.1 Where the Supplier is supplying goods and services to the customer for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to section 43, the provision of that Act will not apply to this agreement.
9.0 Information and Privacy Act
9.1 For the purpose of facilitating the efficient running of the Supplier’s business, the customer authorises the Supplier to collect all information it may require from any third parties and authorises those third parties to release that information to the Supplier.
9.2 The customer agrees that this information may be passed to a third party or to any other person to facilitate the collection of debts from the customer.
9.3 Such information will be accessible to any of the Supplier’s employees and agents who need access to it for the efficient running of the Supplier’s business.
9.4 The customer may request access to and correction of this information at any time.
9.5 The Supplier will comply with all requirements under the Privacy Act 2020.
10.0 Construction Contracts Act 2002
10.1 Where not covered in these terms of trade or altered under mutual agreement, the default provisions in the Construction Contracts Act 2002 will be applied to any payment claims.
10.2 Disputes will be referred to the adjudicator under the provisions in the Act.
10.3 We reserve the right to suspend work as allowed in the provisions in the Act.
11.0 Personal Properties Security Act 1999:
11.1 The customer agrees that the provisions here in constitute a Security Interest in Personal Property (as those terms are defined in the Personal Properties Securities Act 1999 (“PPSA”) in respect of which the contractor may register a financing statement on the Personal Property Securities Register.
11.2 The customer hereby waives its rights contained in sections 116,119,120(2),121,125,126,127,129,131 and 132 of the PPSA.
11.3 The Customer grants The Supplier a general Security Interest in all present and after-acquired assets to secure payment of the purchase price and in all proceeds the Buyer receives from selling Goods as defined in the Personal Property Securities Act 1999 (“PPSA”) supplied by The Supplier.
11.4 Each security interest created under these Terms is a continuing security, notwithstanding any intermediate payments or settlements of accounts or anything else and is in addition to and is not to be merged with any other security or guarantee expressed or intended to be security for any Secured Indebtedness or any obligations owing by the Customer to The Supplier or any Related Company.
12.0 Health and Safety:
12.1 The Supplier will be responsible for their own safety and health. The Supplier must comply with the Health and Safety at Work Act 2015, any regulations made under the Act, and any health and safety policies, directives, or procedures of the business.
13.0 Cancellations / Rescheduling
13.1 If you need to cancel your appointment, please provide us with 24 hours' notice.
14.0 After-hours work
14.1 We define our normal hours of business from 7.00 am to 4.30 pm Monday to Friday. Work done outside these hours is subject to an after-hours call-out fee of $150 plus GST for the first hour and $120 plus GST per hour.
Definitions
The Supplier – Bay Heat Pumps Limited
Customer - Any person or entity that engages Bay Heat Pumps Limited for the supply of goods and/or services.