Terms of Trade

 

1. Agreement

This agreement (“this Agreement”) is between the customer (“the Customer”, “you”) and White Roofing Limited (“WRL”, “we”, “us”). The terms of service set out below govern all of the supply of services from us to you.

 

2. Products and Services

2.1. The services that will be provided to you under these terms of service may include any one or more of the following: the installation of roofing materials, long run roofing and flashing works, fall edge protection and scaffolding, and aluminium fabrication (“the Services”).

2.2. The products that may be provided to you in connection with carrying out the Services may include any one or more of the following: roofing materials, including underlay/fixings and flashing materials; and aluminium fabricated items (“the Products”).

2.3. We will provide you with a quote setting out a description of the Products and the Services that we will provide to you including a price for the Products and the Services so described (“the Quote”).

2.4. The Quote shall be valid for ninety (90) days from the date of issue and the Quote shall be exclusive of GST unless stated otherwise.

2.5. We reserve the right to alter the Quote.

2.6. Any instructions that we receive from you to commence the Services and/or the acceptance of the Quote by you shall constitute an acceptance of this Agreement.

 

3. Prices

3.1. The price for the Products and the Services shall mean either the amount indicated on the Quote or the amount indicated on the tax invoice (“the Price”).

3.2. Where we have provided you with a Quote for the Products and the Services exceeding $10,000.00 you will be required to pay a deposit of 10% of the Quote prior to us carrying out the Services.

3.3. The Price may be increased where there is any reasonable increase in the cost of the supply of the Products and the Services or where additional products and/or services are required.

3.4. All prices are in New Zealand dollars and are exclusive of any Goods and Services Tax (“GST”) unless otherwise stated.

3.5. We reserve the right to alter our prices at any time.

 

4. Payment Terms

4.1. You will be issued a tax invoice setting out the amount due to us for the completed Products and/or Services (“the Invoice”).

4.2. If you are an account holder, payment for the Products and/ or the Services shall be made on or before the 20th day of the month following the date of the Invoice.

4.3. If you are not an account holder, payment for the Products and/or the Services must be made within 7 days of the date of the Invoice.

4.4. If we have not received payment by the due date then interest will accrue on any unpaid monies at 2.5% per month.

4.5. All payments shall be made without deduction or set-off by the Customer.

 

5. Supply and Accessibility

5.1. You agree to make your property or premises accessible so that we can carry out the Services.

5.2. We will endeavour to carry out the Services to your property or premises but if we deem any part or parts of the property or premises inaccessible or unsafe to access we will not access them.

5.3. Whether or not a property or premises is deemed inaccessible will be at our sole discretion however, instances where we may deem a property or premises to be inaccessible includes where there is an object obstructing entry into the property or premises, there is an object obstructing a part of the property or premises, there is a locked gate or the ground is deemed to be unstable or unsafe.

5.4. We will not be required to move obstacles and obstructions including but not limited to any outdoor furniture, flower pots, stones and weed mats.

5.5. Should we be unable to access any part of your property or premises due to locked gates or obstructions then we will only carry out the Services to the accessible areas. In the event that we can only carry out the Services to part of the property or premises then we will adjust the Price accordingly.

 

6. Customer’s Obligations

6.1. Where necessary, you will provide all utilities for us to carry out the Services including but not limited to the provision of lighting, power, water and car parking where required.

6.2. If, at any time, you are in breach of your obligations under these terms, we may suspend or terminate the supply of the Products and/or the Services to you and any of our other obligations under this Agreement in accordance with clause 13.

 

7. Defective Products and Services

7.1. It is your responsibility to inspect the Products and the Services as soon as possible after the Products and the Services have been completed and to notify us within 48 hours of completion, time being of the essence, of any defective Products and/or Services that do not comply with the Quote.

7.2. You shall allow us a reasonable opportunity to inspect the Products and the Services and where we deem there to be an error or omission with the Products and the Services then we have the option to either:

(a) remedy the defective Products and/or Services at our cost; or
(b) refund the part of the Price for the Services which you are entitled to reject.

7.3. If you fail to comply with 7.1 and 7.2 above then the Products and the Services shall be deemed to have been completed in accordance with this Agreement.

 

8. Warranties

8.1. We warrant that the Services will be provided in a competent and workmanlike manner and will conform to the Quote.

8.2. Resurfacing Warranties

8.2.1. Full Warranty: We warrant our resurfacing workmanship for ten years. This includes against flaking, bubbling, oxidation.
8.2.2. Limited Warranty: if the roof surface is compromised or the original preparation work is unsatisfactory/unknown, we are unable to warrant against flaking, bubbling, oxidation. If there is an issue that arises directly as a consequence of our work, we will work with you to remediate this.

8.3. In all other circumstances there shall be no further warranties implied into the Agreement.

 

9. Agency

9.1. You authorise us to contract either as principal or agent for the provision of the Products and the Services that are the subject matter of these terms.

 

10. Construction Contracts Act 2002 (“CCA”)

10.1. This agreement is a construction contract within the meaning of the CCA and all of the provisions of the CCA shall apply to this agreement.

 

11. Personal Property Securities Act 1999 (“PPSA”)

11.1. This Agreement constitutes a security agreement for the within the meaning of the PPSA and creates a security interest in the Products as security for all its obligations to the Company that is registerable on the Personal Property Securities Register in accordance with the PPSA.

11.2. You agree to promptly execute any documents and do anything required by the Company to ensure that the security interest created by this Agreement constitutes a first ranking perfected security interested over the Products.

11.3. You shall provide any information reasonably required by the Company to complete a financing statement or financing changing statement and you waive any rights to receive a copy of verification of the financing statement of financing change statement under the Act.

11.4. You agree to the extent permitted by law that;

(a) where Company has rights in addition to, or existing separately from those in Part 9 of the Act, those rights will continue to apply and in particular, will not be limited by section 109 of the Act;
(b) sections 114(1)a, 133 and 134 of the Act will not apply; and
(c) you will have none of the rights referred to in sections 116, 117(1)c, 119, 120(2), 125, 126, 127, 129, 131, of the Act and waives it right to object under section 121.

11.5. You will pay all costs, expenses and other charges incurred expended or payable by the Company in relation to the filing of the financing statement or financing change statement in relation to these terms.

 

12. Liability

12.1. You agree that to the extent permitted by law, our liability, whether statutory, in contract or tort or otherwise shall be limited at our election to either the monetary amount of the value of that part of the Services giving rise to the claim or the actual damage or loss suffered by you, whichever is the lesser.

12.2. Notwithstanding the provisions in clause 12.1 above, we will not be liable in any event if the defective services have been altered or repaired by any person other than a person of WRL.

12.3. In any event, we will not be liable in respect of any claim unless the claim is notified to us within 14 days of completion of the Services and 7 days of the alleged defect becoming apparent and we are given a reasonable opportunity to inspect the claim in accordance with clause 7.

12.4. Although we endeavour to take all reasonable care when carrying out the Services to your premises we will not be liable to you for damage above $500.00, or any third party, for any:

(a) loss or damage to any property or premises or its contents from any cause;
(c) breach of security;
(d) loss of profit; and
(e) incidental, indirect, special or consequential loss or damage.

12.5. If you default in payment of any Invoice you indemnify us from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and our collection agency costs.

 

13. Termination

13.1. If you wish to reschedule the Services then you must provide us with 48 hours’ notice. If you do not comply with this notice period then you shall be liable for a cancellation fee being 10% of the Price.

13.2. We reserve the right to terminate this Agreement immediately in the event that:

(a) you default in performing your obligations under this Agreement, and the default, if capable of being remedied, is not remedied within 5 working days from receiving a notice specifying the default and requiring a remedy; or
(b) you default in performing your obligations under this Agreement and the default, in our sole discretion, is incapable of being remedied.

 

14. Force Majeure

14.1. We will not be liable for any failure or delay in completing the Services or any obligation imposed on us under this Agreement if the failure or delay arises from, or in connection with, a result of an Act of God or other circumstance of a similar nature beyond its reasonable control, including interruptions to or surges in power supply, electromagnetic radiation or other electric fault, fire, wind, flood, riot, war, industrial action or defaults of manufacturers, suppliers, shipping agents or companies, government, port or customs authorities, port employees or contractors or transport restrictions (“Force Majeure”). Any such suspension of performance must be limited to the period during which the Force Majeure continues.

 

15. General

15.1. No party will assign its rights under this Agreement without the prior written consent of the other party provided however, that WRL may contract out parts of all of the Services without prejudice to your rights and obligations under this Agreement.

15.2. This Agreement contains all of the terms of the provision of the Products and the Services between the parties and supersedes and extinguishes all prior agreements, discussions, representations and arrangements between the parties about the matters covered in this Agreement.

15.3. If any provision under this Agreement is deemed to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

16. Changes to Terms of Trade

16.1. You agree to be bound by any changes to these terms and conditions as may be updated on our website from time to time and that it is your responsibility to keep yourself informed of these changes.