Terms and Conditions - Action Painters Otago Ltd
This is the standard “Terms and Conditions” of Action Painters Otago Limited, in conjunction with our quotation (or offer or tender), hereinafter referred to as ‘quotation’. The terms and conditions will apply unless varied by Action Painters Otago Limited and you as customer in writing. The quotation constitutes the entire contract between us, as supplier of goods and services, and you, our customer, for carrying out Painting work as defined within the quotation. These terms and conditions will not be superseded or amended unless expressly agreed by us in writing.
Unless withdrawn in writing our quotation is available for acceptance for 90 days (or any longer period stated in the quotation) from the date of quotation, and thereafter is subject to confirmation. Your acceptance should be confirmed in writing prior to commencement of work, but in the absence of written acceptance our commencement of work will be taken as your acceptance by conduct.
By acceptance of our quotation you represent that you will have sufficient funds to pay for the work as it is performed, and undertake to provide reasonable proof of capability to make such payment if so requested by us.
We are entitled to rely on the accuracy of documents provided by you and shall not be obliged to check the accuracy or completeness of any plans, specifications, schedules of quantities or other information so provided. Any discrepancy between documents so provided and the actual requirements, or conflict within such documents, shall be a variation.
You will ensure that the specified or requested scope of our work is fit for the purpose of the building and integrated with other trades, and you will supply all information reasonably necessary for us to properly coordinate our work. Any changes required to the work quoted, or to the work reasonably foreseeable by us at the date of quotation, shall be a variation.
Claims and Debtors Policy:
Payment is required within 7 days of the date of our tax invoice. Unless prior agreement for the 20th of the following month.
Fees overdue will receive a phone call followed by a reminder letter and / or statement.
Fees one month overdue will incur a 2.5% charge cumulative monthly. And a further statement or reminder will be issued (With the 2.5% surcharge added) requiring payment within 7 working days, otherwise legal costs will be incurred.
If fees remain unpaid all costs (including all debt collection costs) incurred by us in recovering or attempting to recover payment of any debt owed to us will be payable on demand. At this stage you will also pay interest on overdue payments at an annual rate of 12% simple calculated daily from the due date
(e) If fees are unpaid after three months Court action will follow.
Ongoing continuous contracts or long term contracts.
(1) Payment claims/invoices may be issued for progress payment covering work done and costs incurred including variations up to the end of each month.
(2) Payment of the claimed amount plus Goods and Services Tax and without any deposit paid. Is due and payable by the 20th day of the following month.
(3) If you disagree for any reason with the claimed amount, you will respond to us in writing with a payment schedule before payment is due, detailing a scheduled amount (the amount that you propose to pay) and your reasons and basis of calculation for any item in the payment claim that you do not propose to pay in full. You will pay the scheduled amount by the due date. If we disagree with your payment schedule we may refer the matter to adjudication (refer Disputes and Differences). Contra charges will not be accepted unless notified in advance and mutually agreed.
If payment is not made by the due date we reserve the right to give 5 working days notice of our intention to suspend work. Work shall resume when the overdue payment has been made in full, and all costs and losses incurred in suspending and resuming work shall be a variation. We reserve the right to terminate the contract if such suspension continues for more than 10 working days, and you will be liable for all costs and losses including loss of profit arising out of such termination.
(5) Payment terms for these contracts are the same as (a) to (e) above
Materials, equipment or systems nominated or specified by manufacturer, brand or model will be supplied and installed in accordance with the manufacturer’s published literature or performance standards and will comply with the specified manufacturers’ product literature.
Time for completion:
We will endeavor to meet the reasonable target completion date made known to us or agreed by us, and in the absence of any agreed target date will complete our work within a reasonable time. Unless expressly agreed we will not be liable for liquidated or other damages for completion delays. The time for completion shall be extended for any event directly or indirectly causing delay including but not limited to: access, weather conditions, labour disputes, strikes, accidents, fire, changed work sequence, lack of information or approvals, or for any suspension of work.
Should it be necessary, due to circumstances beyond our reasonable control, to engage other resources or to work outside ordinary working hours (7.30am to 5pm)
to endeavour to meet your completion target, any extra cost so incurred will be a variation.
Any goods and materials supplied by us shall remain our property until paid for in full. 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
Re-sell any or all of those goods and materials. You agree that we may register a Financing Statement under the Personal Property Securities Act 1999 to give us a Perfected Security in any goods supplied.
Variations include, without limitation, any change to the scope, quality or timing of the work, any circumstance that changes the cost of performing our work from that reasonably foreseeable at the time of quotation, or any other circumstance which is stated in these terms and conditions to be a variation, whether arising out of any oral or written instruction from you or your representative or otherwise. We will advise you as soon as practicable of any change to our contract price arising out of any variation. We may at our sole discretion on written notice withhold performance of any work that we reasonably consider to be a variation until we have received your written instruction, or where we have submitted a price for a variation your agreement to that submitted price.
Variations will generally be valued on the same basis or rates as corresponding original work. Where work does not directly correspond to the quotation, or cannot be performed in the most economic manner, variations may at our sole discretion be priced on the basis of time and materials (charge-up) at our normal rates and margins current at the time of performing the work.
You will give us unimpeded access to the site to carry out our work in an efficient and safe manner, and unless otherwise agreed in writing you will provide without limitation the following (where relevant):
a) Proper facilities for carrying out the work including use of goods or passenger lifts, cranes, hoists and builder’s scaffolding, scaffolding for any work to be carried out at a height of 3.5 metres or greater, rubbish removal facilities, temporary power and water supply, storage space, ablutions and safety lighting to allow the work to be completed safely and efficiently;
(b) Any required consent or other authority necessary for the work, including approvals from owners, occupiers and others.
(c) We are entitled to rely on the accuracy of any drawings; dimensions, details and information supplied to us and will not be responsible for checking the accuracy of work carried out by others.
We will provide reasonable protection for our work and equipment while the work is being installed but we do not accept responsibility for any damage caused to our work or equipment by anyone not engaged by us or otherwise under our direct control. The repair of any damage to our work and equipment shall be a variation.
Completions and Handover:
Where relevant you will ensure that the work of other relevant trades is completed so as to allow our finishing or commissioning work to proceed. We will provide advance notice of our requirements.
When our work, or a section of our work, has been completed we may request that you accept that work, and unless notified otherwise within 5 working days of such written request the work shall be deemed complete and you will be responsible for its ongoing protection. Acceptance of work shall not be unreasonably withheld, and work will be deemed complete when handed over for use by you.
Health and Safety:
We will perform the work in accordance with all relevant health and safety requirements and with any site-specific safety requirements notified to us. You will inform us of any hazards in the workplace to which we may be exposed in working on your premises, and we will provide a site-specific safety plan if so requested in writing. We may refuse to perform work if we are not satisfied that it can be performed safely.
We carry the following insurance cover with Aon Insurance. $1,000,000 ( insurance includes Public Liability under a standard plan as well as additional coverage for unusual or uncommon situations). Statutory Liability $500,000.(Statutory liability insurance defends our business and our employees against unintentional breach of statutory Acts. It also covers legal defence costs, ) We can provide evidence of cover if requested.
You will notify us promptly of any defects discovered in our workmanship or materials. We will remedy any defective workmanship and at our sole discretion repair or fix any faulty area reported to us in writing within 90 days of completion of the work or any defined stage of the work, or within any longer period agreed or stated in our quotation. We shall not be liable for any consequential costs whatsoever arising directly or indirectly out of any defect or failure. This warranty is in addition to any rights you may have as a consumer under the Consumer Guarantees Act 1993.
Disputes and Differences:
If any dispute or difference arises in connection with work done or payments claimed, or any other matter relating to this contract, both parties will endeavor to resolve the matter by amicable negotiation. Either party may at any time refer any dispute to adjudication in terms of Part 3 of the CCA, and may refer any matter that is not finally resolved by adjudication to arbitration under the Arbitration Act 1996..
Unless otherwise stated in the quotation no allowance has been made for any maintenance work.