TERMS AND CONDITIONS OF TRADE

Auckland Plumber Drainlayer

1. Definitions

1.1 “Company” means Auckland Plumber Drainlayer, its successors and assigns.
1.2 “Customer” means any person, company, or entity requesting or accepting Services.
1.3 “Services” means all plumbing, drainlaying, gasfitting installation, maintenance, repairs, labour, and materials supplied by the Company, building work, project management, IQP Backflow Testing.
1.4 “Price” means the total amount payable for Services, Unless otherwise stated, all prices are exclusive of GST.

2. Acceptance

2.1 The Customer is deemed to have accepted these Terms upon requesting, booking, or allowing the Company to commence Services.
2.2 These Terms shall prevail over any other terms unless expressly agreed in writing.

3. Price and Payment

3.1 The Price shall be:
(a) as quoted; or
(b) as invoiced; or
(c) based on time and materials where no fixed quote applies.

3.2 The Company reserves the right to vary the Price where:

  • unforeseen conditions arise;
  • additional work is required;
  • site conditions differ;
  • access issues occur.

3.3 Payment terms:

  • Due immediately upon completion unless otherwise agreed
  • The Company may require a deposit

3.4 Overdue accounts:

  • Interest charged at 2.5% per month (or maximum allowed by law)
  • Customer liable for all debt collection, legal, and recovery costs

3.5 The Company may suspend or refuse further work until all outstanding amounts are paid.

4. Personal Guarantee

4.1 Where the Customer is a company or trust, the director(s) or person(s) ordering the Services:

  • Personally guarantee payment of all amounts owing
  • Agree to be jointly and severally liable

5. Security Interest (PPSR Protection)

5.1 The Customer grants the Company a security interest in all materials supplied.
5.2 The Company may register this interest under the Personal Property Securities Act 1999 (PPSA).
5.3 The Customer agrees to:

  • Provide information required for registration
  • Not register competing interests

6. Risk and Ownership

6.1 Risk passes to the Customer upon delivery or installation.
6.2 Ownership remains with the Company until full payment is received.
6.3 The Company may enter the site and recover unpaid materials where legally permitted.

7. Variations & Hidden Conditions

7.1 Additional charges apply where:

  • hidden defects are discovered
  • systems are non-compliant
  • extra labour/materials required
  • Customer requests changes

7.2 All such work is chargeable in addition to the original quote

8. Customer Obligations

8.1 The Customer must:

  • Provide safe, clear access
  • Ensure site readiness
  • Remove or protect belongings
  • Disclose hazards (including asbestos)

8.2 The Customer is liable for any delays, damage, or additional costs resulting from non-compliance.

9. Underground Services

9.1 When require the use of a digger or other machinery to break concrete or dig soil and requirement by client of deep trenching right next to building foundation.  The Customer shall take all necessary precautions including but not limited to making enquiry with vector / private service locators to disclose to the company or the operator of such digger or machinery the exact location and depth of all underground services.
9.2 The Company is not liable for any loss or damage of any kind to the underground services or foundation structural.  The customer shall indemnify the company and the machinery operator against all losses or fines resulting from any loss or damage of any kind to such services or foundation structural

10. Delays

10.1 The Company is not liable for delays caused by:

  • weather
  • access issues
  • supply shortages
  • third parties

10.2 Additional costs caused by delays may be charged.

11. Emergency & After-Hours Work

11.1 Emergency or after-hours work may incur:

  • higher call-out fees
  • higher minimum labour charges
  • higher hourly rates

12. Warranty

12.1 12-month workmanship warranty applies.
12.2 Excludes:

  • misuse
  • lack of maintenance
  • pre-existing faults
  • blockages (e.g. roots, debris)
  • customer-supplied materials

13. Limitation of Liability

13.1 To the maximum extent permitted by law:

  • No liability for indirect or consequential loss
  • No liability for pre-existing issues
  • Liability limited to value of Services supplied

14. Cancellation

14.1 Cancellation may incur charges for:

  • labour
  • travel
  • materials
  • loss of scheduled time

14.2 The Company may cancel or suspend work at its discretion.

15. Default

15.1 If the Customer fails to pay:

  • all amounts become immediately due
  • the Company may suspend work
  • the Company may engage debt collectors
  • all recovery costs are payable by the Customer

16. Compliance

16.1 All work complies with New Zealand laws and regulations.
16.2 The Customer is responsible for obtaining required consents unless agreed otherwise.

17. Safety

17.1 The Company may stop work if conditions are unsafe.
17.2 Any additional work required to meet safety standards will be charged.

18. Privacy

18.1 Customer information may be collected and used for:

  • service delivery
  • billing
  • legal compliance
  • marketing

19. Dispute Resolution

19.1 Parties agree to attempt resolution in good faith before legal action.

20. Governing Law

20.1 These Terms are governed by the laws of New Zealand.