Last Amended: May 26, 2021

TERMS AND CONDITIONS

1. DEFINITIONS
“Customer” means the person who orders or purchases plumbing services or goods from PLUMB TIGHT LTD, and where the Customer comprises two or more persons, means those persons jointly and severally.“Plumbing Services” means the provision of any services provided by PLUMB TIGHT TD including but not limited to:
(i)            the provision of general plumbing services;
(ii)           installation of appliances, white ware, kitchen and bathroom items requiring plumbing;
(iii)          all other miscellaneous plumbing services that may be required by the customer.
“Goods” means any goods provided and / or supplied by PLUMB TIGHT LTD or its supplier(s).
“Order” means an offer to purchase Goods and / or Services from PLUMB TIGHT LTD by the Customer.
“Quote” means a written offer from PLUMB TIGHT LTD to the Customer to supply Goods and / Services for a specified price subject to the terms and conditions of such offer.
“Services” means any plumbing service provided by PLUMB TIGHT LTD

2. QUOTES, ORDERS, PRICING & ESTIMATES
2.1       These terms and conditions of trade apply to all Goods and Services supplied by PLUMB TIGHT LTD including those supplied pursuant to a Quote.  A Customer’s acceptance of a Quote constitutes agreement to purchase Goods and Services on these terms.
2.2       PLUMB TIGHT LTD may decline, in whole or in part, any Order in its sole discretion.
2.3       The price of Goods and Services is as specified in an accepted Order or accepted Quote as applicable.
2.4       Unless otherwise stated, prices stated do not include GST.
2.5       A Quote may be withdrawn or varied by PLUMB TIGHT LTD before it has been accepted in writing by the Customer.
2.6       All Quotes are based on rates and charges in effect at the date of the relevant Quote.  Unless otherwise specified in the Quote, any increase in rates or charges (including without limitation sub-contracted labour, materials and fuel) shall result in an equivalent increase in the quoted price.
2.7       A Quote shall lapse if not accepted within 30 days from the date of the relevant Quote.
2.8       An estimate as to price is not binding on PLUMB TIGHT LTD.
2.9       Where a Quote includes an estimate of quantities and the actual quantity supplied is materially different from that estimated, PLUMB TIGHT LTD reserves the right to revise the quoted price.
2.10     Quotes are prepared in accordance with information provided to PLUMB TIGHT LTD by the Customer and PLUMB TIGHT LTD will not be liable nor will it be bound by the quote where:
(a)        such information is inaccurate or any information is omitted; and / or
(b)       the Customer makes any variations which result in the work or materials being different from that quoted for.
2.11     The issue of an Order from the Customer constitutes acceptance  by the Customer of these Terms and Conditions of Trade even if the contrary is stated in the Customer’s Order or correspondence.

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 PLUMB TIGHT 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 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 PLUMB TIGHT LTD.
3.4       The purchaser shall pay goods and services tax in respect of the supply of all Goods and Services.
3.5       The Client agrees that in the event that any account is not paid within 7 days, Plumb Tight Ltd. may without further notice to the Client, register a PPSR for the outstanding debt. Interest will be charged at the same rate as BNZ Classic credit card. The account may also be referred to a debt collection agency and that any additional charges and collection costs are the responsibility of the Client. Any objections or disputes in respect to fees charged or work completed must be made in writing and received by Plumb Tight Ltd within 14 calendar days of invoice date.

4. IMMEDIATE PAYMENT
4.1       Notwithstanding clause 3, all payments shall become due to PLUMB TIGHT 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. PERSONAL GUARANTEE
5.1       Where the Customer is a company, the directors of the Customer, by signing in their personal capacity at the bottom of this document, undertake to personally pay PLUMB TIGHT LTD the unpaid overdue balance and any interest accrued immediately on PLUMB TIGHT LTD’s written request.  The directors shall also be liable for full collection costs.
5.2       Where more than one director has signed, each shall be jointly and severally liable.

6. RISK
6.1       Risk in any Goods purchased by the Customer shall pass upon delivery.

7. TITLE AND PASSING OF PROPERTY
7.1       Ownership and property in the goods supplied remains with PLUMB TIGHT LTD until the Customer has discharged all outstanding indebtedness for all goods supplied by PLUMB TIGHT LTD and the Customer agrees (for the purposes of s36(b) Personal Property Securities Act 1999) that this clause amounts to a retention of title clause creating a security interest in all goods supplied by PLUMB TIGHT LTD to the Customer while those goods are held as inventory by the Customer until the Customer has fully paid all outstanding indebtedness for all goods and services supplied by PLUMB TIGHT LTD.  Further, the Customer hereby waives the right to receive a verification statement for the purposes of s148 of the Act and the Customer acknowledges that these terms and conditions of trade amount to a Security Agreement for the purposes of the Act which gives a right to the Company to register a financing statement.

8. CONSUMER GUARANTEES ACT 1993
8.1        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.

9. LIMITATION OF LIABILITY AND DISCLAIMER
9.1       The liability of PLUMB TIGHT LTD in respect of all claims for loss, damage or injury arising from breach of any of PLUMB TIGHT LTD’s obligations under this agreement or from any act or omission of PLUMB TIGHT 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       PLUMB TIGHT 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 PLUMB TIGHT LTD, except as set out in clause 9.1.  For the avoidance of doubt, where the Consumer Guarantees Act 1993 applies, PLUMB TIGHT LTD’s liability for consequential losses shall accord with the provisions in that Act.

10. INTELLECTUAL PROPERTY
10.1     All intellectual property rights that may exist in the Goods or arising out of the performance of the Services are and shall remain the property of PLUMB TIGHT LTD.

11. NO WARRANTIES
11.1     Except as expressly set out in writing by PLUMB TIGHT LTD in respect of any Services, PLUMB TIGHT LTD makes no representation, warranty or undertaking (whether express or implied) in relation to any Goods or Services provided.  To the maximum extent permitted by law, all such representations, warranties and undertakings are negatived and excluded.  The customer acknowledges that it is not relying on PLUMB TIGHT LTD’S skill or judgment as to the suitability or otherwise of the Goods / Services for any purpose other than as expressly set out in writing by PLUMB TIGHT LTD or as otherwise agreed in writing by PLUMB TIGHT LTD.

12. HOURS
12.1     Unless otherwise agreed between the parties, PLUMB TIGHT LTD will supply the Goods and / or perform the Services during the normal working hours of 8am to 5pm Monday to Friday excluding Public Holidays.  Any costs attributable to PLUMB TIGHT LTD being required by the Customer to work outside such hours shall be payable by the Customer.

13. FORCE MAJEURE
13.1     No claim or liability will arise against PLUMB TIGHT LTD under these Terms or any Order or Quote, if and to the extent that PLUMB TIGHT 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 PLUMB TIGHT 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.

14. PRIVACY ACT
14.1     The Customer acknowledges that:
(a)      any information provided by the Customer to PLUMB TIGHT LTD may be collected and used by PLUMB TIGHT LTD and or its agents for marketing, debt collection and or credit reporting purposes;
(b)    the Customer hereby authorises PLUMB TIGHT 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)     PLUMB TIGHT 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 PLUMB TIGHT LTD.  Requests for access to any personal information should be sent to the attention of the Privacy Officer, PLUMB TIGHT LTD, PO BOX 5, Red Beach, Auckland 0945.

15. MISCELLANEOUS
15.1     PLUMB TIGHT LTD’s failure or delay to exercise or enforce any right it has under these Terms shall not operate as a waiver of PLUMB TIGHT LTD’s right to exercise or enforce such right or any other right in the future.
15.2     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.
15.3     PLUMB TIGHT LTD may, in its sole discretion, amend these terms from time to time.