TERMS & CONDITIONS OF TRADE
These terms and conditions are written in plain English to aid your understanding
DEFINITIONS
Plumber means a holder of an appropriate qualification in New Zealand
APS, Our or We means Archer Plumbing Solutions Ltd.
You, Your or Client means the person instructing APS to conduct work, or any person acting on behalf of and with the authority of the Client. The Client is the person, people or organisation APS will invoice and agrees to be jointly and severally liable to pay the invoice.
Goods means items we supply for your job, for example, fixtures and fittings.
Services means work we do for your job, for example, unblocking a drain.
Price means the cost of the Goods as agreed between the APS and the Client subject to clause 4 of this contract. Prices are supplied excluding GST.
ACCEPTANCE
2.1 If You ask APS to supply Goods or Services, then you agree to these terms and conditions, and this forms the Agreement
2.2 Upon acceptance of these Terms and Conditions by You, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these terms or with Our agreement in writing.
2.3 If You change your address, phone or email, you agree to give us notice 14 days before this happens.
2.4 We might vary these Terms and Conditions from time-to-time.
GOODS
3.1 The Goods are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by APS to You.
PRICE AND PAYMENT
4.1 The Price is binding as per the terms on the invoice or quotation once You accept them.
4.2 If you make a variation to the work scope or schedule, the price may be varied should there be a change in the required Goods or Services.
4.3 Payment for account holders is strictly 20th of the month following the date of the invoice.
4.4 Payment for non-account holders is on delivery of the Goods and/or Services
4.5 Payment options are cash or direct credit.
DELIVERY OF GOODS/SERVICES
5.1 APS will deliver Goods to Your address or an address nominated by You. You are responsible for safe delivery and storage of the Goods until they are required.
5.2 If APS is not present when the delivery occurs, You are responsible for checking that the delivery matches the docket and signing to accept the delivery.
5.3 If a supplier of Goods cannot deliver the Goods when requested, APS is not liable for any consequential loss or damages.
RISK AND TITLE
6.1 All risk in the Goods passes to You on delivery, however, they remain the property of APS until paid for in full.
6.2 If any of the Goods are damaged or destroyed prior to property in them passing to You, APS is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Agreement.
6.3 APS reserves the right to lodge a caveat over Goods which are not paid for.
6.4 You warrant that your existing plumbing and services are in sufficiently good condition for APS to install the requested Goods. APS is not liable for any damage caused by inadequate services.
CLIENT’S DISCLAIMER
7.1 APS is only liable for the failure of Goods or issues with the quality or performance of Goods to the extent required by the law.
7.2 If APS is working to a plan supplied by You (or your architect or advisor), APS is not liable for problems, issues and non-performance arising from following those plans.
DEFECTS/RETURNS
8.1 If You deem the Goods to be defective or insufficient, You agree to notify us within 24 hours of receipt of the Goods, otherwise the Goods are deemed to be in accordance with the Agreement.
8.2 If You have complied with 8.1, APS agrees to either resupply the Goods or repair the Goods.
8.3 APS is not liable for any damage to Goods that have been used or stored incorrectly. Goods must be returned in the condition in which they were delivered.
8.4 Return of Goods due to variations in the scope may incur a restocking fee.
8.5 Custom-built Goods may not be returned.
WARRANTY, LIABILTY AND INSURANCE
9.1 The manufacturer of the Goods supplies a warranty on the Goods, not APS.
9.2 Temporary repairs do not come with a warranty. Temporary repairs may fail before a full repair can be effected. APS is not liable for damage caused by the failure of temporary repairs.
9.3 APS carries public liability and professional indemnity insurance.
9.4 Any claims are limited only to the extent of APS’s workmanship.
INTELLECTUAL PROPERTY
10.1 Copyright in any drawn plans and designs, or ideas, remains vested with APS and can only be used by You at Our discretion.
CONSTRUCTION CONTRACTS ACT 2002
11.1 Under the Construction Contracts Act 2002 APS has rights to terminate or suspend Services, and is not liable for any loss suffered by You under this clause.
NON-PAYMENT OF INVOICES
12.1 Overdue invoices may be sent to a debt collection agency. You agree that all debt collection costs, including agency costs and legal costs, will be borne by You, including a 0.8% per day compound interest charge.
12.2 APS may suspend Services to you if You are in breach of any obligation or APS has reason to believe You are not in a position to pay for Goods and Services. At this time, all invoices and monies due become immediately payable. APS will not be liable to You for any loss or damage You suffer under this clause.
PRIVACY ACT
16.1 APS may collect and store information about You for its general business operations. You can request we delete this information if APS no longer needs it for an existing Agreement.
VARIATIONS TO WORK THAT AUTOMATICALLY APPLY
17.1 As plumbing deals with items that are frequently unable to be seen until investigated, some Services may be automatically varied. These include, but are not limited to:
Drains blocked by plant or tree roots, or due to damaged pipes, or due to concrete or other similar material setting in pipes
Where the ground is comprised primarily of rocks
Where a gas leak is discovered
Where a water leak is discovered
Buried or unseen services (note that You must provide the location of any underground services if APS is required to dig or bore into the ground)
Delays or variations due to poor weather
The discovery of asbestos
Limitations of accessing sites
Iron reinforcing rods in concrete
The requirement to drill through concrete
Hidden pipes or wiring
17.2 APS may recommend or insist that a CCTV camera is used to determine the condition of the plumbing. This service carries an additional cost.
AFTER-HOURS CALL OUTS
18.1 Services and Goods requested outside the standard work week hours of 7am-5pm Monday to Friday may attract an additional fee.
TRAVEL COSTS
19.1 APS may add a vehicle charge to an invoice that will be either a flat rate or paid per kilometer.
CONSUMER GUARANTEES ACT 2003
20.1 If You are acquiring Goods and Services for the purposes of a trade or business, You acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods and Services by APS to You.
SUBCONTRACTING
21.1 APS may subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. You agree and understand that You have no authority to give any instruction to any of APS’s sub-contractors without the authority of APS.