TERMS & Conditions OF TRADE
1. DEFINITIONS
In these Terms of Trade, unless the context requires otherwise:
"Company" means How Good Plumbing Limited.
"Client" means the person or entity requesting or accepting the Works or Materials, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is acting as trustee of any trust, it shall be bound in that capacity; and
(d) includes the Client’s executors, administrators, successors, and permitted assigns.
"Works" means all plumbing, gas fitting, drainage, or related services performed by the Company.
"Materials" means all goods, products, parts, or equipment supplied by the Company.
“Price" means the amount payable for the Works and Materials (excluding GST unless otherwise stated).
"Contract" means these Terms of Trade together with any quotation, order, invoice, or other document expressed to be supplemental hereto.
2. APPLICATION & ACCEPTANCE
2.1 Application of Terms
These Terms of Trade apply to all Works performed and Materials supplied by the Company to the Client. By requesting or accepting Works or Materials, the Client agrees to be bound by these Terms of Trade.
2.2 Acceptance
The Client is taken to have accepted and is immediately bound by these Terms of Trade if the Client places an order for, or accepts delivery of, any Works or Materials. Acceptance via the Company’s job management or quoting software (including by clicking an accept button) constitutes valid written acceptance for the purposes of these Terms of Trade.
Where the parties choose to execute any document in connection with these Terms of Trade, electronic signatures shall be deemed valid and binding provided the parties have complied with section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act. For the avoidance of doubt, no signature is required for these Terms of Trade to be binding on the Client in accordance with clause 2.2.
2.3 Inconsistency
In the event of any inconsistency between these Terms of Trade and any other prior document or schedule, these Terms of Trade shall prevail.
2.4 Authorised Representatives
The Client acknowledges that the Company shall (for the duration of the Works) liaise directly with one (1) authorised representative. Once introduced as such, that person shall have full authority of the Client to order any Works, Materials, and/or request any variation on the Client’s behalf. The Client shall be solely liable for all additional costs incurred by the Company in providing any Works, Materials, or variations requested by the Client’s authorised representative.
2.5 Tenant Clients
Where the Client is a tenant (and not the owner of the land and premises where the Works are to be undertaken), the Client warrants that it has obtained the full consent of the owner for the Company to provide the Works. The Client acknowledges that it shall be personally liable for full payment of the Price for all Works and shall indemnify the Company against any claim made by the owner in relation to the Works, except where such claim arises from the Company’s own negligence.
2.6 Insurance Claims
Where the Works are the subject of an insurance claim made by the Client, the Client shall remain responsible for payment of all amounts invoiced by the Company by the due date, irrespective of whether the insurance claim is successful.
2.7 Works Against Advice
If the Client instructs the Company to proceed with work against the Company’s advice or recommendation, the Company shall not be liable, to the extent permitted by law, for any resulting loss or damage.
2.8 Change in Control
The Client shall give the Company not less than fourteen (14) days’ prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to changes in the Client’s name, address, contact details, business structure, or trustees). The Client shall be liable for any loss incurred by the Company as a result of the Client’s failure to comply with this clause.
3. QUOTES
3.1 Quotes and Estimates
The terms “quotation” and “estimate” may be used interchangeably by the Company. Unless expressly stated to be a fixed price, any quotation or estimate is an approximation based on information available at the time and may be subject to variation in accordance with these Terms of Trade. Where a quotation is expressly stated to be a fixed price, that Price is binding subject only to variations arising under clause 4.3.
3.2 Validity
Quotes are valid for thirty (30) days unless otherwise stated in writing. The Company reserves the right to revise a quotation where supplier pricing materially changes prior to acceptance.
3.3 Basis of Quote
Quotes are based on visible site conditions and information available at the time of quoting, including any plans, specifications, measurements, or photographs supplied by the Client. Where pricing is prepared based solely or substantially on photographs or information supplied by the Client and no physical site inspection has occurred, the quotation is conditional upon site verification.
3.4 Hidden or Unforeseen Conditions
Hidden or unforeseen conditions — including but not limited to rotten framing, damaged or deteriorated pipework, collapsed drains, non-compliant previous work, concealed services, inaccurate service locations, underground obstructions, ground conditions, rock excavation, asbestos, hazardous materials, or other latent defects — are not included in the quoted Price and may result in a variation.
3.5 Scope of Quote
The quoted Price covers only the Works and Materials expressly described in the quotation. Unless expressly stated otherwise, the Price does not include:
(a) any items, materials, labour, or services not specifically described;
(b) additional labour or materials required as a result of unforeseen or concealed site conditions;
(c) remedial, upgrade, or compliance work relating to existing plumbing, gas, drainage, electrical, structural, or building elements;
(d) work required to bring pre-existing installations up to current code or regulatory standards;
(e) council fees, consent fees, inspections, certifications, compliance documentation, or authority charges;
(f) making good, reinstatement, or repair of surrounding finishes or surfaces, including but not limited to plastering, painting, tiling, waterproofing, flooring, brickwork, landscaping, or decorative finishes.
3.6 Free Quotes and Chargeable Assessments
The Company may, at its discretion, provide a free quotation where the scope of Works can reasonably be determined from a brief site visit or information supplied by the Client. Where further investigation, diagnostic work, site attendance, drain tracing, exploratory work, fault-finding, design input, or detailed scope development is required, the Company reserves the right to charge for such time and services at its standard rates. The Company will notify the Client before undertaking any chargeable assessment work.
3.7 Acceptance of Quote
A quotation is accepted in accordance with clause 2.2, including by instructing the Company to commence the Works.
3.8 Withdrawal
The Company may withdraw or amend a quotation at any time prior to acceptance.
4. PRICING & VARIATIONS
4.1 Price
The Price shall be:
(a) as stated in a written quotation accepted in writing within thirty (30) days; or
(b) as shown on an invoice for Works performed and/or Materials supplied
Unless otherwise stated, the Price excludes GST.
4.2 Charge-Up Work
Where Works are carried out on a time and materials basis, the Company’s prevailing rates apply. Such rates may include but are not limited to charges for labour, travel time, vehicle use, materials, consumables, plant and equipment hire, disposal fees, and any applicable surcharges.
(a) Labour shall be charged from the time the Company departs its premises until the time of return;
(b) A minimum charge of one (1) hour applies for work within normal business hours;
(c) Higher rates apply for work performed outside normal business hours, including after-hours, weekends, and public holidays;
(d) Materials, consumables, plant, equipment, hire charges, vehicle use, and any other goods, services, or costs reasonably incurred are charged in addition to labour at the Company’s prevailing rates.
4.3 Variations
The Company reserves the right to vary the Price where:
(a) the scope of Works changes;
(b) additional Works are required due to hidden defects, site conditions, access limitations, safety risks, or third-party delays; or
(c) there are increases in labour, materials, freight, supplier charges, or other costs beyond the Company’s control.
Where reasonably practicable, the Company will notify the Client and provide pricing or an estimate prior to proceeding. The Client authorises the Company to proceed with variations without prior approval where urgent work is required to protect property, ensure safety, or maintain compliance.
Variations will be detailed in writing and shown as variations on the Company’s invoice. Variations will be charged at the Company’s prevailing rates or as otherwise agreed.
5. PAYMENT
5.1 Default Payment Terms
Unless otherwise agreed in writing, all invoices are due within seven (7) days of the invoice date. If payment is not received in cleared funds by the due date, interest and recovery costs may be charged in accordance with clause 5.7.
5.2 Alternative Payment Terms
For larger projects, staged works, or commercial clients, the Company may require progress payments or alternative payment terms. Any such terms will be specified on the relevant invoice, quote, or written agreement.
5.3 Payment Methods
The preferred method of payment is bank transfer to the Company’s nominated bank account. Payment by credit card, EFTPOS, or online payment methods is available on request. Where the Client elects to pay by any method other than bank transfer, any transaction fees or surcharges associated with that payment method shall be borne by the Client and added to the amount payable.
5.4 Deposits
For quoted works exceeding $1,000 (excluding GST), a deposit of 50% of the quoted Price may at the Company’s discretion be required before materials are ordered or work commences. The Company may require deposits for other works at its discretion.
5.5 Invoice Terms
Where payment terms are specified on an invoice, quote, or written agreement, those specific terms shall prevail over these Terms of Trade to the extent of any inconsistency.
5.6 Payment Allocation
The Company may allocate any payment received from the Client toward any invoice or account as the Company determines. In the event of default, the Company may reallocate payments previously applied. In the absence of allocation by the Company, payments will be deemed allocated in a manner that preserves the maximum value of any security interest held under the Personal Property Securities Act 1999.
5.7 No Set-Off
The Client may not withhold, deduct, or set off any amount from any invoice unless the amount is properly disputed in accordance with the Construction Contracts Act 2002. Failure to pay the full amount due by the due date constitutes default.
5.8 Non-Payment
If any amount payable by the Client remains unpaid after its due date, the following consequences apply:
(a) Interest shall accrue, both before and after judgment, on the overdue balance at a rate of 2.5% per calendar month, compounding monthly;
(b) The Company reserves the right to withhold Records of Work, producer statements, compliance documentation, or any other certification until full payment has been received;
(c) If any invoice remains unpaid for more than ninety (90) days from its due date, the Company may, without further notice, refer the debt to a debt collection agency or solicitor for recovery. The Client indemnifies the Company against all costs, expenses, and disbursements incurred in recovering overdue amounts, including legal costs on a solicitor-client basis and collection agency fees; and
(d) Where the Company receives a payment from the Client that is subsequently reversed or charged back, the Client shall remain liable for the full amount of that payment together with any costs incurred by the Company as a result.
5.9 Retentions
No retention shall be withheld from any payment due to the Company unless expressly agreed in a separate written agreement signed by both parties. Any retention agreed must comply with and be held strictly in accordance with the Construction Contracts Act 2002. Any unauthorised withholding of payment will constitute default.
5.10 Default and Acceleration
Without prejudice to any other rights or remedies, all amounts owing become immediately due and payable if:
(a) any amount payable is overdue;
(b) the Client exceeds any agreed credit limit;
(c) the Client becomes insolvent, bankrupt, enters into an arrangement with creditors, or has a receiver or liquidator appointed; or
(d) the Company reasonably believes the Client will be unable to meet its payment obligations.
6. CANCELLATION
6.1 Cancellation by the Client
The Client may not cancel the Works once accepted by the Company without the Company’s prior written consent. If the Company agrees to cancellation, the Client shall be liable for:
(a) all Works performed and Materials supplied up to the date of cancellation;
(b) the cost of any Materials ordered (including non-returnable items);
(c) any restocking or cancellation fees charged by suppliers; and
(d) any reasonable loss of profit and administration costs incurred by the Company as a result of the cancellation.
6.2 Cancellation by the Company
The Company may suspend or cancel the Works immediately by written notice if:
(a) the Client is in default of payment;
(b) the Client becomes insolvent; or
(c) the Client commits a material breach of these Terms of Trade.
In such case, the Client shall remain liable for all amounts owing to the Company. Cancellation shall be without prejudice to any other rights or remedies available to the Company.
6.3 Suspension of Works
Where the Contract is subject to the Construction Contracts Act 2002, the Company has the right to suspend work within five (5) working days of written notice of its intent to do so where a payment claim is served on the Client and payment is not made in full by the due date, no payment schedule has been given, or an adjudicator’s determination has not been complied with. If the Company suspends work, it is not in breach of contract, not liable for any loss or damage suffered by the Client, is entitled to an extension of time, and retains all rights under the Contract including the right to terminate. If the default that led to the suspension continues un-remedied for at least ten (10) working days, the Company shall be entitled to terminate the Contract.
7. SITE & CLIENT RESPONSIBILITIES
7.1 Site Access and Information
The Client must provide safe, clear, and unobstructed access to the site and work areas.
The Client must ensure that the site complies with all health and safety requirements.
The Client must remove or protect furniture, fixtures, and personal property from the work area.
The Client must inform the Company of any known hazards, concealed services, asbestos, or dangerous conditions.
The Client must ensure the accurate location and marking of all underground services, including electrical, gas, sewer, water, telecommunications, and irrigation services. The Client agrees to indemnify the Company in respect of all liability, claims, loss, damage, costs, and fines arising from damage to services not precisely located and notified as required.
The Company is entitled to rely on information provided by the Client regarding site conditions and services and is not liable for loss or damage arising from inaccuracies or omissions in that information.
7.2 Health and Safety
Each party shall comply with its obligations under the Health and Safety at Work Act 2015 and any applicable regulations. The Client must ensure the site is safe for the Company to carry out the Works and must disclose any known hazards, risks, or dangerous conditions. If the Company considers the site unsafe or posing a risk, the Company may suspend the Works until the issue is remedied. Any suspension, delay, or additional work arising from health and safety risks shall constitute a variation.
7.3 Scaffolding and Site Facilities
The Company is responsible for providing all personal protective equipment required by its representatives in connection with the Works.
Where scaffolding or additional site safety infrastructure is required, the parties will agree in writing prior to commencement whose responsibility it is to provide and erect that infrastructure. Where the Client is responsible for providing scaffolding or site safety infrastructure, the Client must ensure it is erected and maintained in compliance with all applicable WorkSafe New Zealand requirements and industry safety standards prior to the Company commencing the relevant Works.
The Client shall supply any necessary site facilities to enable the Company to carry out the Works, including but not limited to temporary electricity supply, water, and ablutions where reasonably required. The Client shall be wholly responsible for animals and/or children on the worksite.
7.4 Delays Caused by the Client
The Company shall not be liable for any delay arising from the Client’s failure to provide access, instructions, approvals, information, or site readiness. The Company shall be entitled to a reasonable extension of time and may recover any additional costs incurred as a result of such delay.
7.5 Delays Caused by Others
The Company shall not be liable for any delay caused by the acts or omissions of the Client, the Client’s contractors, other trades, consultants, or third parties engaged by the Client. The Company shall be entitled to a reasonable extension of time and to recover any additional costs reasonably incurred as a result of such delay.
8. EXISTING STRUCTURES & CONDITIONS
8.1 Suitability of Existing Structures and Services
The Client warrants that any structures, pipework, fittings, gas lines, drainage systems, or other services to which the Materials are to be connected or affixed are suitable and capable of accommodating the Works. The Client acknowledges that installation of new appliances or fixtures may cause water hammer or expose weaknesses in existing pipework. The Company is not liable for failure, leakage, or damage to pre-existing pipework arising from such installation, including latent defects not reasonably discoverable at the time of installation.
If the Company discovers unsafe, non-compliant, damaged, unsuitable, or hazardous conditions (including asbestos, defective pipework, or hazardous materials), the Company may suspend the Works until the issue is remedied. Any remedial work shall be treated as a variation. The Company will not handle, remove, or dispose of asbestos or other hazardous materials unless expressly agreed in writing.
8.2 Pre-Existing Defects and Third-Party Works
The Company is not liable for:
(a) defects in pre-existing plumbing, gas, or drainage systems, including latent defects;
(b) failures arising from materials or workmanship supplied by third parties; or
(c) damage caused by interference with the Works by other trades or persons.
8.3 Gas Testing and Existing Appliance Failure
Where gas supply is isolated or soundness testing is undertaken, components within existing appliances (including but not limited to thermocouples, valves, pilot assemblies, or similar components) may fail due to age or lack of prior servicing. The Client acknowledges that any such failure is not the responsibility of the Company.
8.4 Drain Clearing and Temporary Repairs
Where the Client instructs the Company to clear only a section or branch of a drain, any warranty applies only to the section cleared. The Company does not guarantee that drain clearing, high-pressure cleaning, or temporary repairs will permanently resolve underlying structural issues. If drain or pipe unblocking equipment becomes lodged or stuck due to damaged, collapsed, or defective pipework, the Client is responsible for the cost of retrieval, repair, or replacement of equipment.
8.5 Client-Supplied Materials
Where the Client supplies materials for installation, the Client warrants their suitability and accepts responsibility for defects inherent in those materials. The Company is not liable for loss or damage arising from the use of Client-supplied materials.
9. RISK & INSURANCE
9.1 Passing of Risk
Delivery shall be deemed to occur when the Materials are delivered to the nominated site, whether or not the Client is present. Risk in Materials passes to the Client upon delivery.
Where the Company is installing the Materials, the Company shall maintain appropriate contract works insurance during installation. Risk in the Works passes to the Client upon completion of installation.
9.2 Delivery Prior to Installation
Where Materials are delivered to site prior to installation, risk in those Materials passes to the Client from the time of delivery. If the Client requests that Materials be delivered to an unattended site or left outside prior to installation, such Materials are left at the Client’s sole risk. The Company is not responsible for loss, theft, or damage to Materials delivered to site prior to installation, except to the extent caused by the Company’s negligence. Replacement of any such Materials shall be at the Client’s cost.
9.3 Storage on Site
Where Materials, fittings, appliances, plant, or tools are stored on site, the Client must provide a safe and secure area for storage. The Client is responsible for any loss, theft, or damage to stored items, except to the extent caused by the Company’s negligence.
10. OWNERSHIP OF MATERIALS
10.1 Retention of Title
Ownership of all Materials supplied by the Company remains with the Company until the Client has paid all monies owing in full. Receipt of any form of payment other than cleared funds shall not constitute payment until such funds have been honoured and cleared. Until ownership passes to the Client:
(a) the Client holds the Materials as bailee for the Company;
(b) the Client must store the Materials separately and, where reasonably practicable, clearly identify them as the property of the Company;
(c) the Client must not sell, dispose of, or otherwise part with possession of the Materials except in the ordinary course of business and for market value;
(d) if the Client sells the Materials in the ordinary course of business, the Client holds the proceeds of sale on trust for the Company and must account to the Company for those proceeds on demand.
10.2 Right of Entry
Until ownership of the Materials passes to the Client, the Client irrevocably authorises the Company (and its agents), without notice, to enter any premises where the Company reasonably believes the Materials are located for the purpose of inspecting or recovering them. The Client agrees that the Company shall not be liable for any damage reasonably caused in exercising this right. The Client indemnifies the Company against any claims, losses, damages, or costs arising from the exercise of this right (except to the extent caused by the Company’s negligence).
10.3 PPSA Security Interest
The Client acknowledges and agrees that:
(a) these Terms of Trade constitute a security agreement for the purposes of the Personal Property Securities Act 1999 (“PPSA”);
(b) a security interest is granted in all Materials supplied by the Company and in all present and after-acquired property of the Client to secure payment of all monies owing by the Client to the Company under these Terms of Trade, whether now or in the future;
(c) the Company may register a financing statement or financing change statement in respect of the security interest without further notice to the Client.
10.4 Client Obligations Under PPSA
The Client agrees to:
(a) sign any documents and provide any information reasonably required by the Company to register and maintain a financing statement or financing change statement under the PPSA;
(b) not register or permit to be registered a financing statement in relation to the Materials without the prior written consent of the Company;
(c) immediately notify the Company of any change in the Client’s name, address, contact details, business structure, or ownership.
To the extent permitted by law, the Client waives its rights as a debtor under sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131, and 148 of the PPSA.
10.5 Security and Charge
In consideration of the Company agreeing to supply the Works and Materials, the Client charges in favour of the Company all of the Client’s right, title, and interest (whether held solely or jointly) in any land, real property, or other assets capable of being charged, owned by the Client now or in the future, to secure payment of all monies owing under these Terms of Trade. The Client irrevocably appoints the Company and each director of the Company as the Client’s attorney to execute any document and do all things reasonably necessary to give effect to this clause.
10.6 Insurance of Materials
The Client holds the benefit of the Client’s insurance of the Materials on trust for the Company and must pay to the Company the proceeds of any insurance in the event of the Materials being lost, damaged, or destroyed prior to ownership passing.
11. CONSENTS & APPROVALS
11.1 Responsibility for Consents
Unless expressly agreed in writing, the Client is solely responsible for obtaining all building consents, permits, approvals, resource consents, and other statutory authorisations required for the Works. The Client warrants that all necessary consents and approvals have been obtained prior to commencement. The Company is entitled to rely on the accuracy and validity of any consent documentation supplied by the Client.
11.2 Compliance with Laws
The Company will carry out the Works in accordance with applicable legislation and regulatory requirements relevant to the scope of the Works. The Company is not responsible for bringing pre-existing structures, systems, or installations into compliance with current legislation unless expressly agreed in writing.
11.3 Inspections and Access
The Client is responsible for arranging and ensuring access for all required inspections by territorial authorities, building consent authorities, or other regulatory bodies, unless otherwise agreed in writing. The Client must ensure that the site is ready for inspection at the required time.
11.4 Suspension for Consent Issues
If required consents, approvals, or inspections are not obtained, delayed, refused, or subject to conditions affecting the Works, the Company may suspend the Works until the issue is resolved. Any suspension, delay, or additional work arising from consent or inspection issues shall constitute a variation, entitle the Company to an extension of time, and entitle the Company to recover all additional costs incurred.
11.5 Producer Statements and Compliance Documentation
Where the Company provides Records of Work, Gas Safety Certificates, producer statements, or other compliance documentation, such documentation relates only to the Works performed by the Company. The Company is not responsible for certification of pre-existing systems, third-party work, or matters outside the scope of the Works.
12. DESIGN EXCLUSION
12.1 No Design Services
The Company does not provide design services and is not engaged as a designer, engineer, or consultant in connection with the Works. The Company’s scope is limited to the installation, repair, and maintenance of plumbing, gas fitting, and drainage systems in accordance with applicable codes and standards.
12.2 Practical Advice Not Design
Any recommendation, suggestion, or on-site advice provided by the Company in connection with the Works is practical installation advice only. It does not constitute professional design, engineering advice, or a design service, and should not be relied upon as such. Where the scope of the Works requires design input, the Client is responsible for engaging a suitably qualified designer or engineer.
12.3 Client-Specified Design
Where the Client instructs the Company to install in accordance with a specific design, specification, or layout provided by the Client or a third party, the Company shall be entitled to rely on the accuracy and suitability of that information. The Company accepts no liability for loss or damage arising from defects, errors, or omissions in any design or specification provided by the Client or a third party.
13. REINSTATEMENT OF WORK
Unless expressly agreed otherwise, the Company is not responsible for painting, plastering, re-decorating, re-sealing, brickwork, landscaping, or other reinstatement work following completion of the Works.
14. WARRANTIES
14.1 Statutory Warranties
Nothing in these Terms of Trade excludes, restricts, or modifies any rights or remedies the Client may have under the Building Act 2004, the Consumer Guarantees Act 1993, or any other applicable legislation, to the extent such rights cannot lawfully be excluded or limited.
14.2 Standard of Work
The Company will carry out the Works with reasonable care and skill and in accordance with applicable legislation relevant to the scope of the Works.
14.3 How Good 90-Day Workmanship Guarantee
In addition to any statutory rights available to the Client, the Company provides a ninety (90) day workmanship guarantee ("How Good Guarantee") from the date of completion of the Works. If, within ninety (90) days of completion, a defect arises solely as a result of the Company's workmanship, the Company will, at its option, repair or re-perform the defective portion of the Works at no additional cost to the Client.
This guarantee:
(a) applies only to defects arising from the Company's workmanship;
(b) does not apply to materials supplied by third parties except to the extent a defect is caused by incorrect installation;
(c) does not apply to pre-existing defects, normal wear and tear, misuse, interference by others, or work carried out contrary to the Company's advice;
(d) is subject to the Client complying with clause 14.4 (Process for Potential Defects).
Where the Company attends to investigate or remedy an alleged defect and determines that the defect does not arise from the Company's workmanship, the Client shall be liable for the cost of all materials supplied and labour performed by the Company in connection with that attendance, charged at the Company's prevailing rates.
To the extent permitted by law, repair or re-performance under this clause shall be the Client's sole remedy under the How Good Guarantee. Nothing in this clause limits or replaces any rights the Client may have under applicable legislation.
14.4 Process for Potential Defects
The Client must notify the Company in writing at hello@howgoodplumbing.co.nz of any alleged defect within a reasonable time after becoming aware of it. The Company must be given reasonable opportunity to inspect the alleged defect to determine appropriate remedial action. The Client must not arrange for rectification by a third party without first giving the Company reasonable opportunity to inspect and remedy the alleged defect. If the Client fails to comply with this clause, the Company shall not be liable for any resulting costs or loss.
Where the Company attends to inspect an alleged defect and determines that the defect does not arise from the Company's workmanship or is otherwise outside the scope of the How Good Guarantee, the Client shall be liable for the cost of all materials supplied and labour performed in connection with that attendance, charged at the Company's prevailing rates.
14.5 Remedy
Where the Company is found to be liable for defective workmanship, the Company may, at its option, repair, replace, or re-perform the defective portion of the Works. To the extent permitted by law, this shall be the Client’s sole and exclusive remedy for defective workmanship.
14.6 Materials and Manufacturer Warranties
The Company does not manufacture materials or products supplied as part of the Works. Any warranty in respect of materials or products supplied by the Company is limited to the warranty (if any) provided by the manufacturer or supplier. To the extent permitted by law, the Company shall not be liable for defects arising from manufacturer or supplier faults. The Company may, at its discretion, assist the Client in making a claim under any applicable manufacturer’s warranty.
14.7 No Other Warranties
Except as expressly set out in these Terms of Trade or as required by law, all conditions, warranties, representations, and guarantees (whether express or implied) are excluded to the maximum extent permitted by law.
15. CONSUMER GUARANTEES ACT
15.1 Residential Consumers
Where the Client is a residential consumer acquiring the Works and Materials for personal, domestic, or household use, the Client’s rights under the Consumer Guarantees Act 1993 apply.
15.2 Commercial Clients
If the Client is acquiring goods and/or services for the purposes of a business, the Client agrees that the Consumer Guarantees Act 1993 does not apply to the supply of the Works and Materials, and the parties agree that it is fair and reasonable to contract out of the Act pursuant to section 43 of the Consumer Guarantees Act 1993.
15.3 Acknowledgment
The Client acknowledges that, where applicable, it is acquiring the Works and Materials in trade.
16. LIMITATION OF LIABILITY
16.1 Exclusion of Consequential Loss
To the extent permitted by law, the Company shall not be liable for any indirect, consequential, special, or incidental loss, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of production, business interruption, or loss of goodwill.
16.2 Cap on Liability
To the extent permitted by law, the Company’s total liability arising out of or in connection with the supply of the Works and Materials, whether in contract, tort (including negligence), equity, statute, or otherwise, shall not exceed the contract price of the relevant Works or Materials giving rise to the claim.
16.3 Non-Excludable Liability
Nothing in these Terms of Trade limits any liability that cannot lawfully be excluded or limited.
17. FORCE MAJEURE
17.1 Events Beyond Control
The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure is caused by an event beyond the Company’s reasonable control, including but not limited to acts of God, fire, flood, storm, earthquake, pandemic, labour disputes, supply chain disruptions, material shortages, transport delays, government action, or failure of suppliers.
17.2 Delays and Resulting Losses
Where such an event occurs, the Company may suspend the Works for the duration of the event and shall be entitled to a reasonable extension of time. The Company shall not be liable for any loss or damage arising from such delay, suspension, or termination. If the event continues for more than thirty (30) days, the Company may terminate the agreement by written notice. In such case, the Client shall pay for all Works performed and Materials supplied up to the date of termination.
18. PRIVACY
18.1 Collection and Use of Information
The Company may collect, use, and retain personal information about the Client for the purposes of credit assessment, account management, debt recovery, and compliance with legal obligations. All personal information will be handled in accordance with the Privacy Act 2020.
18.2 Disclosure
The Client authorises the Company to disclose personal information to credit reporting agencies, debt collection agencies, legal advisors, and other third parties for the purposes set out in clause 18.1.
18.3 Access and Correction
The Client shall have the right to request the Company for a copy of the personal information about the Client retained by the Company, and the right to request the Company to correct any incorrect personal information held.
19. TRUSTS
If the Client at any time upon or subsequent to entering into these Terms of Trade is acting in the capacity of trustee of any trust, then whether or not the Company may have notice of the trust, the Client covenants with the Company that:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the trust and the trust fund;
(b) the Client has full and complete power and authority under the trust to enter into this Contract, and will not release the right of indemnity or commit any breach of trust; and
(c) the Client will not, without the prior written consent of the Company (not to be unreasonably withheld), cause or permit to happen: the removal, replacement, or retirement of the Client as trustee; any alteration to the terms of the trust; any advancement or distribution of capital; or any resettlement of the trust property.
20. GENERAL
20.1 Governing Law
These Terms of Trade are governed by and shall be interpreted in accordance with the laws of New Zealand.
20.2 Dispute Resolution
Any dispute or difference arising as to the interpretation of these Terms of Trade or as to any matter arising hereunder shall be resolved as follows: (a) for residential consumers, disputes may be referred to the Disputes Tribunal where the claim falls within its jurisdiction; (b) where the Contract is subject to the Construction Contracts Act 2002, disputes may be submitted to adjudication in accordance with that Act; (c) disputes may otherwise be submitted to arbitration in accordance with the Arbitration Act 1996; and (d) the parties irrevocably submit to the courts and tribunals of New Zealand in respect of any dispute not resolved by the foregoing processes.
20.3 Subcontracting
The Company may elect to subcontract out any part of the Works but shall not be relieved from any liability or obligation under this Contract by so doing. The Client has no authority to give any instruction to any of the Company’s subcontractors without the authority of the Company.
20.4 Severability
If any provision of these Terms of Trade is held to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
20.5 Waiver
A failure or delay by the Company to exercise any right or remedy under these Terms of Trade shall not operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right preclude any other or further exercise of that right.
20.6 Assignment
The Client may not assign, transfer, or subcontract any of its rights or obligations under these Terms of Trade without the prior written consent of the Company. The Company may assign its rights under these Terms of Trade without the Client’s consent.
20.7 Variation of Terms
The Company may amend or vary these Terms of Trade from time to time. Any amended Terms shall apply to any subsequent supply of Works or Materials.
20.8 Entire Agreement
These Terms of Trade constitute the entire agreement between the parties in relation to the Works and Materials and supersede all prior discussions, representations, or agreements.
20.9 Notices
Any notice required under these Terms of Trade may be given by email to hello@howgoodplumbing.co.nz, hand delivery, or post to the last known address of the relevant party. Notices sent by email shall be deemed received on the date of transmission, unless the sender receives a delivery failure notice.
20.10 Headings
Clause headings in these Terms of Trade are for convenience only and do not affect the interpretation of the provisions.