Terms & Conditions

1. What is the purpose of this contract?

1.1 This contract sets out the terms and conditions that apply when you (“you” and “your”) decide to purchase services from Plumbworx Ltd (“we”, “us” and “our”).

2. What information about you can we collect?

2.1 You agree that we may obtain information about you to:

assess your credit worthiness;
enforce any rights under this contract;
market any of our services to any other entity.

2.2 You agree that we may give that information to any person for the above purposes, but you may withdraw your consent at any time.

2.3 You may access any information that we hold about you and ask us to correct any mistakes in it.

3. What are our services?

3.1 In these terms and conditions “services” means and includes, without limitation, the following:

all domestic and commercial plumbing services, roofing drainage and gas fitting provided by us;
all products supplied by us;
all services and products identified in any service report, quotation, job sheet or in any invoice or “payment claim” issued by us to you, such documents being deemed to be incorporated into and forming part of our contract with you.

4. What is the price?

4.1 The price is the cost of the services as agreed between you and us.

4.2 If no price is stated in writing or agreed to orally, the services will be treated as supplied at the current amount that we supply those services at the time of our contract with you.

5. What and when must you pay us?

5.1 You agree to pay us:

with respect to domestic services on or before the 7th day following the date of the invoice (“the due date”);
with respect to commercial services on or before the 20th day of the month following the date of our invoice (“the due date”);
we may on occasions invoice you by way of “payment claims” made pursuant to the Construction Contracts Act 2002 (“the Act”);
the due date for the payment of any “payment claim” will be noted on the “payment claim” (“the due date”) and if not noted on the payment claim, payment will be required as provided for in the Act (“the due date”); and
any payments made by credit card will incur an extra charge of 2% of the invoice value; and
with respect to invoices and “payment claims”, interest may be charged on any amount you owe us after the due date at the rate of 2.5% per month or part month; and
any costs, including debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract, shall be payable by you; and
you agree that invoices and “payment claims” may be served on you by email; and
a deposit may be required.

6. What happens when we give you a quotation?

6.1 When we give a quotation for services:

unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
the quotation is exclusive of Goods and Services tax unless specifically stated to the contrary; and
where services are required in addition to the quotation, you agree to pay for the additional cost of such services;

7. What security rights do we have?

7.1 Until you have paid us in full for the services supplied, we retain ownership of the products we have supplied you.

7.2 Until you have paid us in full for the services supplied, it is agreed pursuant to the Personal Property Securities Act 1999, that we have a security interest in all products supplied by us to you.

8. What is the limitation on our liability?

8.1 The Consumer Guarantees 1993, the Building Act 2004 (including the Building Code), the Plumbers, Gasfitters, and Drainlayers Act 2006 and other statutes may imply guarantees, warranties, conditions or obligations upon us that cannot by law be excluded.

8.2 However, subject to clause 8.1, if we are deemed to be liable to you for any loss or damage of any kind whatsoever, arising from the supply of services by us to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort (including our negligence) or otherwise, then it is agreed by you, that our liability is limited in its aggregate to $1,000.00.

9. Can we contract out?

9.1 In the course of completing the services we may contract out part of the services contracted for by you, to another contractor (“the sub- contracting”).

9.2 The sub-contracting costs will form part of our price for the services.

10. What rights do we have to cancel this contract?

10.1 In addition to any other entitlement we may have to cancel or suspend the contract, we are entitled by notice, to suspend or cancel any part of any contract for the supply of services to you, if you fail to pay any sum owing to us after the due date.

10.2 Any cancellation or suspension will not affect our entitlement to claim for any money due at the time of cancellation or suspension or any other legal rights we have.

11. Does a personal guarantee apply?

11.1 If you are a company or a trust:

the director(s) or trustee(s) signing this contract, in consideration for us agreeing to supply services and grant credit to the company or the trust, also sign this contract in their personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment
any personal liability of a company director or trustee will not exclude the company or trust from the liabilities and obligations contained in this contract.

12. What also are you agreeing to?

12.1 We are not liable for delay or failure to perform our obligations if the cause of the delay or failure is beyond our control.

12.2 If any of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.

12.3 If you fail to pay us for services, then you agree that such failure gives rise to a legal or equitable estate or interest (“the interest”) in your land on which the services were affixed or performed and that the interest entitles us to enter a caveat against your land pursuant to the Land Transfer Act 1952 and its amendments or any legislation in substitution thereof.