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Terms and Conditions
1. TERMINOLOGY
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1.1 "Contract" refers to the agreement including the terms and conditions outlined herein, alongside any supplementary documents such as quotations, orders, invoices, or amendments explicitly referenced as an addon to this agreement.
1.2 "Supplier" means the entity identified Paintworks Limited, including its successors and assigns.
1.3 "Customer" pertains to the individual(s) or entities, or any authorised representative acting on behalf of the Customer with the necessary authority, seeking services from Paintworks Limited as defined in any proposal, quotation, order, invoice, or related documentation.
1.4 "Goods" includes all items supplied by Paintworks Limited to the Customer, including, but not limited to physical products (such as parts, materials, or consumables) or services as requested by the customer. Where appropriate, the terms 'Goods' or 'Services' may be used interchangeably.
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2. ACCEPTANCE
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2.1 Any instructions received by Paintworks Limited from the Customer for the supply of goods and/or services shall constitute acceptance of the terms & conditions contained herein, and the Customer is immediately bound, jointly and severally, by these terms.
3. CHANGE IN CONTROL
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3.1 The Customer must provide Paintworks Limited with no less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other alterations to the Customer’s details, including, but not limited to changes in the Customer’s name, address, contact phone or fax numbers, change of trustees, or business practices.
3.2 The Customer shall be held accountable for any losses incurred by Paintworks Limited due to the Customer’s failure to adhere to this clause.
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4. QUOTATIONS AND ESTIMATES:
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4.1 Quotes and estimates may be given and will be clearly labelled. If a quote is accepted, the work will be completed for that price, unless Paintworks Limited and the customer agree to modify it.
4.2 Estimates are subject to change and can be exceeded by up to 20% of the original estimate before Paintworks Limited is required to clarify with the Customer.
4.3 The price quoted by Paintworks Limited shall remain valid for the period stated in the quotation or, if not stated, for a duration of thirty (30) days.
4.4 Paintworks Limited reserves the right to require an upfront deposit for materials, ranging from 20% - 50%, or as mutually agreed before commencing the job.
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5. VARIATION
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5.1 Paintworks Limited retains the right to adjust the price. a. In the event of a requested variation to the goods and the originally scheduled services, including any associated plans, specifications, or maintenance. b. Where additional services become necessary due to the discovery of hidden or unforeseen challenges, including, but not limited to, difficulties in accessing the site, safety concerns, identification of asbestos, prerequisite work by third parties remaining incomplete, the discovery of additional faults during the inspection, concealed building defects, c. The provision of product/s by the Customer deemed to be Non-Conforming Product/s, and concealed pipes and wiring, etc., which are only revealed upon commencement of the services. d. In case of increases in the cost of labour or materials beyond the supplier's control, including, but not limited to, fluctuations in foreign currency exchange rates affecting overseas transactions, international freight, and insurance charges.
5.2 Where appropriate, Paintworks Limited may at its sole discretion agree to bring the premises up to a standard suitable for installation to proceed, but all such works undertaken, and any additional equipment supplied, shall be treated as a variation, and be quoted before proceeding.
5.3 The Customer must respond to any variation submitted by Paintworks Limited within five (5) working days.
5.4 Paintworks Limited will stop work until the customer has agreed in writing to the variation.
5.5 Payment for all variations must be settled in full upon completion.
5.6 Paintworks Limited may, at its sole discretion, require a non-refundable variation deposit.
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6. PENALTY RATES
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6.1 In instances where Paintworks Limited is required to provide urgent services, necessitating Paintworks Limited staff to work outside normal business hours, including but not limited to working through weekends, and/or public holidays, Paintworks Limited reserves the right to levy additional labour costs, subject to penalty rates, unless otherwise agreed between Paintworks Limited and the Customer.
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7. ACCESS
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7.1 The Customer must ensure that Paintworks Limited always has unrestricted access to the site to carry out the services.
7.2 Paintworks Limited shall not be liable for any damage to the site unless such damage is due to Paintworks Limited's negligence.
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8. COMPLIANCE WITH LAWS
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8.1 The Customer and Paintworks Limited shall adhere to all statutes, regulations, and bylaws of government, local, and other public authorities relevant to the services,
8.2 including WorkSafe health and safety laws, and any other applicable safety standards or legislation related to the services.
8.3 Additionally, the services will be provided in accordance with any current relevant New Zealand Standards.
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9. PAYMENT TERMS
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9.1 All payments are due 20th of the month following the invoice date unless otherwise arranged in advance and confirmed in writing.
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10. DEFAULT AND CONSEQUENCES OF DEFAULT
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10.1 If the Customer fails to make payment by the due date the Customer shall be liable to pay Paintworks Limited interest on overdue invoices accrued daily from the due date of payment until the date of payment at a rate of two and a half per cent (2.5%) per calendar month, and may compound monthly at the supplier's discretion, and shall accrue after as well as before judgment.
10.2 All expenses, including collection costs from obtaining the services of a debt collection company, and/or legal fees in relation to any overdue amount, will be added to the Customer's account and you the Customer are liable for its payment.
10.3 In addition to any other rights or remedies available under this contract, if a Customer's payment to Paintworks Limited is reversed after being made, the Customer shall be liable for the reversed transaction amount and any additional costs incurred by Paintworks Limited provided it can be proven.
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11. PRICE
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The Price shall be payable by the Customer on dates determined by Paintworks Limited, which may include progress payments as decided by Paintworks Limited.
11.1 Unless otherwise specified, the Price given does not include GST.
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12. EXEMPTION OR LIMITATION FROM LIABILITY
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12.1 Paintworks Limited warrants any defect in workmanship provided by Paintworks Limited becomes apparent and is reported to Paintworks Limited within 14 days from completion. (subject to the Consumer Guarantees Act 1993).
12.2 Paintworks Limited shall not be held liable for any loss or damage incurred by the Customer due to late Delivery.
12.3 Paintworks Limited is not liable for any defect or damage which may be caused or partly caused by or arise through failure on the part of the Customer to follow any instructions or guidelines provided by Paintworks Limited
12.4 Paintworks Limited shall not be liable for any defect or damage which may be caused or partly caused by or arise through failure on the part of any other trade professional to take due care when working with or near the site or to follow any instructions or guidelines provided by Paintworks Limited
12.5 Paintworks Limited is not responsible for issues caused by products brought in by the Customer.
12.6 Except in the event of wilful default or dishonesty by Paintworks Limited, the Customer indemnifies and saves harmless Paintworks Limited from and against all actions, claims, demands, losses, costs, damages, and expenses (including, without limitation, reasonable legal costs on a solicitor-client basis) incurred by Paintworks Limited as a direct or indirect result of performing the services.
12.7 Paintworks Limited may elect to subcontract out any part of the services but shall not be relieved from any liability or obligation under this contract by doing so.
12.8 Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of Paintworks Limited's subcontractors without the authority of Paintworks Limited
12.9 Paintworks Limited is not liable for any work falling under the Building Code and Compliance 2-metre rule regards imperfections.
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13. AMENDMENTS
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13.1 The Customer agrees that Paintworks Limited may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such changes to the Customer in writing.
13.2 These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or
13.3 otherwise at such time as the Customer makes a further request for Paintworks Limited to provide goods and/or services to the Customer.
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14. OWNERSHIP
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14.1 Ownership of the goods supplied as part of this service is retained by Paintworks Limited until payment in full for the goods and/or services supplied is received.
14.2 The Customer shall hold the goods for Paintworks Limited as a fiduciary owner, notwithstanding any period of credit allowed by Paintworks Limited
14.3 Upon default of any payment due by the Customer to Paintworks Limited or, either before or after any period of the credit expires, upon the Customer becoming insolvent or having a receiver appointed or going into liquidation, Paintworks Limited may enter the premises where the goods are kept and recover possession of the goods subject to the Credit Contracts and Consumer Finance Act 2003.
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15. PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSA”)
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15.1 Upon agreeing to these terms and conditions in writing the Customer acknowledges and agrees that; these terms and conditions constitute a security agreement for the purposes of the PPSA, and A security interest is taken in all Goods/Equipment that have previously been supplied and that will be supplied in the future by Paintworks Limited to the Customer, and the proceeds from such Goods/Equipment.
15.2 The Customer undertakes to; sign any further documents and/or provide any further information, such information to be complete, accurate and up to date in all respects - which Paintworks Limited may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; indemnify, and upon demand reimburse, Paintworks Limited for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods/Equipment charged thereby not registering, or permitting to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment or the proceeds of such Goods/Equipment in favour of a third party without the prior written consent of the supplier; and immediately advise Paintworks Limited of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
15.3 Paintworks Limited and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
15.4 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
15.5 Unless otherwise agreed to in writing by Paintworks Limited, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
15.6 The Customer shall unconditionally ratify any actions taken by Paintworks Limited under clauses 15.1 to 15.5. 15.7 Subject to any express provisions to the contrary (including those contained in this clause 15), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
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16. CANCELLATION
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16.1 Without prejudice to any other remedies available, if the Customer breaches any obligation, including payment obligations, under these terms and conditions, Paintworks Limited may suspend or terminate the supply of services.
16.2 Paintworks Limited shall not be liable to the Customer for any loss or damage resulting from the exercise of its rights under this clause.
16.3 Paintworks Limited reserves the right to cancel any contract or Delivery of Goods and services by providing written notice to the Customer before the Goods and services are due for delivery.
16.4 Upon such notice, Paintworks Limited shall refund any money paid by the Customer for the goods or services not supplied/completed.
16.5 Paintworks Limited shall not be liable for any loss or damage arising from such cancellation.
16.6 If the Customer cancels delivery of the Goods and services, the Customer shall be liable to pay for any materials and services supplied before the cancellation or any losses incurred by Paintworks Limited as a direct consequence of the cancellation.
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17. PRIVACY ACT
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17.1 Subject always to the provisions of the Privacy Act 2020, the Customer permits Paintworks Limited to collect, use and retain information concerning the Customer, for the purpose of assessing the Customer's creditworthiness or to enforce any rights under these terms and conditions and any contract or proposal supplied to the Customer.
17.2 The Customer permits Paintworks Limited to disclose information obtained to any person for the purposes set out in clause (17.1) of this section.
17.3 Where the Customer is an individual, the authorities granted under this clause constitute authorities or consents for the purposes of the Privacy Act 2020. The Customer has the right to request from Paintworks Limited, via email, a copy of the personal information retained by Paintworks Limited and to request correction of any incorrect personal information.
17.4 Paintworks Limited must ensure that all employees or agents to whom the Customer's confidential information is disclosed are legally bound to keep the Customer's confidential information confidential.
17.5 Paintworks Limited will dispose of personal information upon the Customer’s request, made via email, or if it is no longer necessary, except when required to fulfil the obligations of this contract.
17.6 The Customers can lodge privacy complaints by contacting Paintworks Limited via email. Paintworks Limited will respond to such complaints within seven working (7) days of receipt and will endeavour to reach a decision within twenty working (20) days of receiving the complaint. If the Customer remains unsatisfied with the resolution provided, they may escalate the complaint to the Privacy Commissioner at http://www.privacy.org.nz.
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18. DISPUTES
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18.1 Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein shall be submitted to and settled by mediation before resorting to any external dispute resolution mechanisms, including arbitration or court proceedings, by notifying the other party in writing setting out the reason for the dispute.
18.2 Should mediation fail to resolve the dispute; the parties shall be free to pursue other dispute-resolution avenues.
18.3 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
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19. SEVERABLE
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19.1 If any of these Terms and Conditions are held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.
19.2 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 New Zealand.
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20. GENERAL
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20.1 Neither party shall be liable for any default due to any act of nature, war, terrorism, strike, lock-out, industrial action, fire, national or global pandemics, and/or the implementation of regulations, directions, rules, or measures being enforced by Governments or embargo, including but not limited to, any Government-imposed border lockdowns (including, worldwide destination ports), etc. (“Force Majeure”) or other events beyond the reasonable control of either party.
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21. AUTHORITY
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21.1 The Customer warrants that they have the power to enter into this Contract, that they are not insolvent, and that this Contract creates binding and valid legal obligations on them.
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Name _________________________________ Date of Birth ____/____/____
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Designation ___________________________
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Signature _____________________________________Date ____/____/____
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Any questions please email onsite@paintworks.nz
