Terms of Trade
The following constitute the terms and conditions of business between us, Bays Plumbing Ltd and you, the client.
Where a quotation has been given for work to be performed; that quote remains valid for 30 days. Your acceptance of our quotation must be confirmed in writing prior to commencement of work. We may withdraw that quotation anytime before acceptance.
The following rates shall apply where work is to be charged on the basis of time and materials (charge-up basis).
Minimum charge $95.00+GST (includes local travel time, travel cost & first quarter hour at job)
Additional labour $88.00+GST per hour (calculated to the nearest quarter hour)
Apprentice $50.00+GST per hour (where useful and billable)
We accept direct credit, cheque, Visa and Mastercard payments
(2.88% surcharge for credit card payments applies). No credit card information will be held.
Payment of the claimed amount is due and payable by you within 7 days following invoice. Where work is undertaken over a period exceeding one month, invoices may be issued for progress payments, covering work done and costs incurred up to the date of the invoice. If you disagree for any reason with the claimed amount, you will respond in writing before the payment is due. When arranged in advance, payments may be made on the 20th of the month following invoice.
Overdue payments shall attract interest in addition to the original invoiced amount at 2.5% compound per 30 days or part thereof upon so much of the original amount as remains due until full payment is made.
The client shall pay or reimburse all costs and expenses incurred by Bays Plumbing in instructing a Solicitor or Debt collection Agency to recover any amount overdue for payment.
If any dispute or difference arises in connection with work done or payments claimed by us, or any other matter pertaining to business between us & you, we or you shall refer the dispute to adjudication in terms of Part 3 of the Construction Contract Act 2003 (CCA), or to the Master Plumbers Association of which we are a member for settlement through that Association’s Disputes Procedure. For the purpose of s.33(1)(c) of the CCA, the Master Plumbers Association shall be the nominating body.
You are responsible for obtaining any consents or other authority necessary for the work, and will provide that to us on request. Where a building consent is required and you have failed to obtain it, we may lodge a building consent application as your agent at your expense.
We guarantee that we will remedy any defective workmanship and replace any faulty material that is reported to us in writing within 90 days of completion of the contract. This performance guarantee does not extend to any goods or materials supplied by you. In the case of work covered by the Consumer Guarantees Act 1993, this warranty is in addition to any rights you may have under the Act.
Once our quotation has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed in writing.
7. Plans & specifications
We shall be entitled to rely on the accuracy of and not be obliged to check any plans, specifications and other information supplied by you. We shall bear no responsibility for any goods supplied in compliance with those plans & specifications.
8. Romalpa Clause (Retention of Title)
(a) Legal ownership in all goods is retained by Bays Plumbing until full payment has been received.
(b) The client will be responsible for risk of any loss or damage to the goods whensoever and howsoever caused following delivery notwithstanding that title to the goods may not have been passed to the client.
(c) If any payment is overdue in whole or in part, Bays Plumbing may (without prejudice to its other rights) recover or sell any goods supplied by us to the client and without further notice may enter upon the Clients premises whether itself of by its agents in order to take possession of any and remove such goods.
(d) The client will indemnify Bays Plumbing or its employees or agent against any loss or damage occasioned to third parties in or arising from the repossession of the goods.
9. Privacy Act
You authorize us to use information collected from you and to collect information from third parties for purposes relating to performance under this agreement.