TERMS AND CONDITIONS

1. DEFINITIONS

1.1 “Contractor” means COASTAL PLUMBING, GAS AND DRAINAGE LTD, its successors and assigns or any person acting on behalf of and with the authority of COASTAL PLUMBING, GAS AND DRAINAGE LTD.

1.2 “Customer” means the person/s ordering the Works as specified in any invoice, document, order or quote, and if there is more than one Customer is a reference to each Customer jointly and severally.

1.3 “Works” means all Works or Materials supplied by the Contractor to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).

1.4 “Price” means the Price payable (plus any Goods and Services Tax (GST) where applicable) for the Works as agreed between the Contractor and the Customer in accordance with clause 3 below.

2. ACCEPTANCE

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of any Works.

2.2 In the event that the Materials and/or Works provided by the Contractor are the subject of an insurance claim that the Customer has made, then the Customer shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by the Contractor and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.

2.3 Where the Contractor gives advice, recommendations, information, assistance or
service to the Customer or the Customers agent, regarding the Materials or Works then it is given in good faith and the Contractor shall not be liable in any way whatsoever for
any damages, losses or costs however arising resulting from the Customer relying on the same. In addition, none of the Contractor’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Contractor in writing nor is the Contractor bound by any such unauthorised statements.

2.4 In the event that the Contractor is required to provide the Works urgently, that may require the Contractor’s staff to work outside normal business hours (including but not limited to working, through lunch breaks, weekends and/or Public Holidays) then the Contractor reserves the right to charge the Customer additional a minimum of two (2) hours’ labour costs (penalty rates will apply), unless otherwise agreed between the Contractor and the Customer.

3. PAYMENT

3.1 A 50% deposit equivalent to the total cost of any plumbing service and/or goods required to be supplied is to be paid to COASTAL PLUMBING, GAS AND DRAINAGE LTD before any Goods and / or services are provided to the Customer.

3.2 Payment for services is to be made in accordance with any schedule of payment specified, or if no such schedule exists, payment shall be due within seven days upon issue of invoice unless agreed otherwise (in advance).

3.3 Payment by cheque or by any type of bank transfer will not be considered payment until the payment has been fully cleared through the banking system into the account of COASTAL PLUMBING, GAS AND DRAINAGE LTD.

3.4 The purchaser shall pay goods and services tax in respect of the supply of all Goods and Services.

3.5 The Customer agrees that in the event that any account is not paid within 7 days, COASTAL PLUMBING, GAS AND DRAINAGE LTD may without further notice to the Customer, register a PPSR for the outstanding debt. The account may also be referred to a debt collection agency and that any additional charges and collection costs are the responsibility of the Customer. Any objections or disputes in respect to fees charged or work completed must be made in writing and received by COASTAL PLUMBING, GAS AND DRAINAGE LTD within 14 calendar days of invoice date.

4. IMMEDIATE PAYMENT

4.1 Notwithstanding clause 3, all payments shall become due to COASTAL PLUMBING, GAS AND DRAINAGE LTD in the event that a receiver is appointed over any of the Customer’s assets or undertaking, a liquidator is appointed or the Customer goes into voluntary liquidation, the Customer makes or attempts to make an arrangement or composition with creditors, or the Customer becomes insolvent within the meaning of the Insolvency Act 1967 or the Companies Act 1993, or commits any act of bankruptcy.

5. OWNERSHIP AND RISK OF MATERIALS SUPPLIED BY US

5.1 Ownership: Any goods or materials supplied by COASTAL PLUMBING, GAS AND DRAINAGE LTD shall remain our property until paid for in full and while any money is due to us. 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 resell any or all of those goods or materials. We may require you to facilitate registration of a financing statement under the Personal Property Securities Act 1999 to give us a Perfected Security in any goods supplied.

5.2 Risk: All goods and materials are at your (the Customer) risk while on your premises or premises under your control. Any loss arising from theft, destruction or damage from whatever cause shall be borne by you. Please ensure they are covered by your insurance.

6.CONSENTS

6.1 The Customer are responsible for obtaining any consent or other authority necessary for the work, prior to requesting our commencement.

7. CONSUMER GUARANTEES ACT 1993

7.1 Where Goods or Services are being supplied for the purposes of a business, the Customer agrees that the Consumer Guarantees Act 1993 will not apply.

8. WARRANTIES AND INSURANCE

8.1 In order to give you peace of mind, we carry insurance in respect of any negligent work carried out by us. However, please read this clause and clause 9.

the Contractor warrants that if any defect in any workmanship of the Contractor becomes apparent and is reported to the Contractor within one (1) year of the date of delivery (time being of the essence) then the Contractor will either (at the Contractor’s sole discretion) replace or remedy the workmanship.

8.2 The conditions applicable to the warranty given by clause 8.1 are: (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain any Materials; or
(ii) the continued use of any Materials after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(iii) fair wear and tear, any accident or act of God. (b) the warranty shall cease and the Contractor shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Contractor’s consent. (c) in respect of all claims the Contractor shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.

8.3 For Materials not manufactured by the Contractor, the warranty shall be the current warranty provided by the manufacturer of the Materials. The Contractor shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.

9. LIMITATION OF LIABILITY AND DISCLAIMER

9.1 The liability of COASTAL PLUMBING, GAS AND DRAINAGE LTD in respect of all claims for loss, damage or injury arising from breach of any of COASTAL PLUMBING, GAS AND DRAINAGE LTD’s obligations under this agreement or from any act or omission of COASTAL PLUMBING, GAS AND DRAINAGE LTD is limited, in each case, to the lesser of:
(a) replacement or repair of the affected Goods, or re-supply of the Services;
(b) payment of the actual cost of replacing or repairing the affected Goods, or re-supplying the Services; or
(c) the price of the affected Goods and Services
unless the Consumer Guarantees Act 1993 applies, in which case the remedies provided in that Act shall apply.

9.2 COASTAL PLUMBING, GAS AND DRAINAGE LTD shall not be liable for any direct or indirect loss or damage (including without limitation loss of profits or savings or for any indirect or consequential loss or damage), however caused, arising out of or in connection with the supply of Goods or Services by COASTAL PLUMBING, GAS AND DRAINAGE LTD, except as set out in clause 9.1.  For the avoidance of doubt, where the Consumer Guarantees Act 1993 applies, COASTAL PLUMBING, GAS AND DRAINAGE LTD’s liability for consequential losses shall accord with the provisions in that Act.

9.3 We accept no liability for any claim by you, or any other person including, without limitation, any claim relating to or arising from:
(i) Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for purpose, tolerance to any conditions, merchant ability or otherwise, whether expressed or implied by law, trade, custom or otherwise, or: (ii) Where we cause damage and that damage arises from carrying out your instructions.

10. FORCE MAJEURE

10.1 No claim or liability will arise against COASTAL PLUMBING, GAS AND DRAINAGE LTD under these Terms or any Order or Quote, if and to the extent that COASTAL PLUMBING, GAS AND DRAINAGE LTD’S failure or omission to carry out or observe any provisions of these Terms or any Order or Quote arises by reason of force majeure.  “Force majeure” means any event outside the reasonable control of COASTAL PLUMBING, GAS AND DRAINAGE LTD and includes, without limitation, fires or other casualties or accidents, power outages, acts of God, strikes and lockouts, severe weather conditions, pandemics, delay in supply of materials or unavailability of materials, war or other violence, or the introduction of any law, order, regulation, demand or requirement of any governmental agency.

11. PRIVACY ACT

11.1 The Customer acknowledges that:
(a) any information provided by the Customer COASTAL PLUMBING, GAS AND DRAINAGE LTD may be collected and used by COASTAL PLUMBING, GAS AND DRAINAGE LTD and or its agents for marketing, debt collection and or credit reporting purposes;
(b) the Customer hereby authorises COASTAL PLUMBING, GAS AND DRAINAGE LTD to carry out credit checks in relation to the Customer and to provide such information to its external agents or other parties for credit information and credit assessment purposes;
(c) COASTAL PLUMBING, GAS AND DRAINAGE LTD and or its agents may retain and or use such information for as long as they see fit;
(d) the Customer has the right to access and correct any of the personal information held by COASTAL PLUMBING, GAS AND DRAINAGE LTD.  Requests for access to any personal information should be sent to the attention of the Privacy Officer, COASTAL PLUMBING, GAS AND DRAINAGE LTD, 99 Ashton Road, RD 5, WARKWORTH 0985.

12. DISPUTES

12.1 In the event Of a dispute arising between COASTAL PLUMBING, GAS AND DRAINAGE LTD and the Customer, such dispute shall be referred to mediation for resolution.

12.2 In the event that a resolution cannot be reached at mediation within 30 days of referral to mediation, either party may take legal action to resolve the dispute.

12.3 Nothing in this clause prevents COASTAL PLUMBING, GAS AND DRAINAGE LTD from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.

13. MISCELLANEOUS

13.1 COASTAL PLUMBING, GAS AND DRAINAGE LTD shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by the Customer. COASTAL PLUMBING, GAS AND DRAINAGE LTD shall bear no responsibility for any goods supplied in compliance with those plans and specifications.

13.2 Neither COASTAL PLUMBING, GAS AND DRAINAGE LTD nor the Customer will be liable to the other for any breach of these terms and conditions by any extraordinary occurrences which are beyond the reasonable control of the party in question.

13.3 COASTAL PLUMBING, GAS AND DRAINAGE LTD’S failure or delay to exercise or enforce any right it has under these Terms shall not operate as a waiver of COASTAL PLUMBING, GAS AND DRAINAGE LTD’S right to exercise or enforce such right or any other right in the future.

13.4 Any provision in these Terms that is held to be invalid or unenforceable for any reason shall be severed from, and shall not affect the remaining provisions of, these Terms.

13.5 COASTAL PLUMBING, GAS AND DRAINAGE LTD may, in its sole discretion, amend these terms from time to time.