The Building Wash Company Limited – Terms & Conditions of Trade
“The Building Wash Company” shall mean The Building Wash Company Limited, its successors and assigns or any person acting on behalf of and with the authority of The Building wash Company Limited. “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation or other form as provided by The Building Wash Company to the Customer. “Guarantor” shall mean that person (or persons) who agrees to be liable for the debts of the Customer on a principal debtor basis. “Services” shall mean all services and/or goods supplied by The Building Wash Company to the Customer. “Price” shall mean the price payable for the Service as agreed between The Building Wash Company and the Customer in accordance with clause 4 of this contract.
2.1 Any instructions received by The Building Wash Company from the Customer for the supply of Services and/or the Customer’s acceptance of Services supplied by The Building Wash Company shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of The Building Wash Company.
2.3 The Customer shall give The Building Wash Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details. The Customer shall be liable for any loss incurred by The Building Wash Company as a result of the Customer’s failure to comply with this clause.
3. Price and Payment
3.1 The Price will be either:
(a) The Building Wash Company’s quoted Price (subject to clause 4.2) which shall be binding upon The Building Wash Company provided that the Customer shall accept The Building Wash Company’s quotation in writing within thirty (30) days; or
(b) as indicated on invoices provided by The Building Wash Company to the Customer in respect of Services supplied
3.2 If indicated in the Quote a deposit may be required.
3.3 The Building Wash Company may submit detailed progress payment claims at intervals not less than monthly for work performed up to the end of each month.
(a) for non-approved customers, payment shall be due fourteen (14) days following the date of invoice; or
(c) payment for approved Customers shall be due twenty (20) days following the end of the month in which the invoice is sent
3.5 Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due fourteen (14) days following the date of the invoice.
3.6 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Default and Consequences of Default
4.1 Approved accounts strictly net, due for payment 20th of the month following invoice date.
4.2 All charges not paid on the due date shall carry interest at the rate of 2% compounding monthly.
4.3 Overdue accounts may be referred for collection and all costs incurred (including solicitor/client costs) will be added to the amount due.
5.1 The Building Wash Company may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Customer. The Building Wash Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
6. Privacy Act 1993
6.1 The Customer and the Guarantor/s (if separate to the Customer) authorises The Building Wash Company to:
(a) collect, retain and use any information about the Customer and/or Guarantors, for the purpose of assessing the Customer’s and/or Guarantors creditworthiness or marketing products and services to the Customer and/or Guarantors; and
(b) disclose information about the Customer and/or Guarantors, whether collected by The Building Wash Company from the Customer and/or Guarantors directly or obtained by The Building Wash Company from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer and/or Guarantors.
6.2 Where the Customer and/or Guarantors are an individual the authorities under clause 16.1 are authorities or consents for the purposes of the Privacy Act 1993.
6.3 The Customer and/or Guarantors shall have the right to request The Building Wash Company for a copy of the information about the Customer and/or Guarantors retained by The Building Wash Company and the right to request The Building Wash Company to correct any incorrect information about the Customer and/or Guarantors held by The Building Wash Company.
7. Customer’s Disclaimer
7.1 The Customer hereby disclaims any right to rescind, or cancel any contract with The Building Wash Company or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by The Building Wash Company.
8. Construction Contract Act 2002
8.1 The Customer hereby expressly acknowledges that:
(a)The Building Wash Company has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment;
(b) if The Building Wash Company suspends work, it:
(i) is not in breach of contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(c) if The Building Wash Company exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to The Building Wash Company under the Contractual Remedies Act 1979; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of The Building Wash Company suspending work under this provision.
9.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Auckland.
9.3 The Building Wash Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by The Building Wash Company of these terms and conditions.
9.4 In the event of any breach of this contract by The Building Wash Company the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Service.
9.5 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by The Building Wash Company nor to withhold payment of any invoice because part of that invoice is in dispute.
9.7 The Building Wash Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which The Building Wash Company notifies the Customer of such change.
9.8 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
9.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
9.10 The failure by The Building Wash Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect The Building Wash Company’s right to subsequently enforce that provision.
© Copyright – The Building Wash Company Ltd- 2016