Definitions

1. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. 

2. “Contractor” means Valet Plumbing Limited, its successors and assigns.

3. “Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using the Contractor’s website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

4. “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting the Contractor to provide the Works as specified in any proposal, quotation, order, invoice or other documentation, and:

   1. if there is more than one Customer, is a reference to each Customer jointly and severally; and

   2. if the Customer is a partnership, it shall bind each partner jointly and severally; and

   3. if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and

   4. includes the Customer’s executors, administrators, successors and permitted assigns.

5. “Intended Use” means a product and the use thereof, for which the product is intended to be, or is reasonably likely to be, associated with the Works.

6. “Non-Conforming Building Product” means any associated building products that are regarded as Non-Conforming for an Intended Use if, when associated with the Works: 

   1. the product is not, or will not be, safe; or 

   2. does not, or will not, comply with the relevant regulatory provisions; or 

   3. the product does not perform, or is not capable of performing, for the use to the standard it is represented to conform by or for a person in the chain of responsibility for the product.

7. “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Works as agreed between the Contractor and the Customer in accordance with clause 7 below.

8. “Works” means all Works (including consultation, manufacturing and/or installation services) or Materials supplied by the Contractor to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).

9. “Worksite” means the address nominated by the Customer to which the Materials are to be supplied by the Contractor.

Acceptance

1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of any Works.

2. These Terms and Conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Consumer and Valet Plumbing Ltd

3. In the event that the Materials and/or Works provided by Valet Plumbing Ltd are the subject of an insurance claim that the Customer has made, then the Customer shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by Valet Plumbing Ltd and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.

4. Where Valet Plumbing Ltd gives advice, recommendations, information, assistance for service to the Customer or the Customer’s agent, regarding the Materials or Works then it is given in good faith and Valet Plumbing Ltd shall not be liable in any way whatsoever for any damage, losses or costs however arising resulting from the Customer relying on the same.  In addition, none of Valet Plumbing Ltd’s agents or representative are authorised to make any representations, statements, conditions or agreements not expressed by the manager of Valet Plumbing Ltd in writing nor is Valet Plumbing Ltd bound by any such unauthorised statements

5. The supply of Materials for accepted orders may be subject to availability and if, for any reason, Materials are not or cease to be available, the Contractor reserves the right to substitute comparable Materials (or components of the Materials) and vary the Price as per clause 7.2. In all such cases the Contractor will notify the Customer in advance of any such substitution, and also reserves the right to place the Customer’s order and/or Works on hold, as per clause 8.2 until such time as the Contractor and the Customer agree to such changes.

6. In the event that Valet Plumbing Ltd is required to provide the Works urgently, that may require Valet Plumbing’s Ltd staff to work outside normal business hours (including but not limited to working, through lunch breaks, weekends and/or Public Holidays ) then Valet Plumbing Ltd reserves the right to charge the Customer an additional minimum of two (2) hours labour costs (penalty rates with apply), unless otherwise agreed between Valet Plumbing and the Customer

7. If the Contractor has been requested by the Customer to diagnose a fault that requires investigation, disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead. 

8. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

Change in Control

1. The Customer shall give Valet Plumbing less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Customer shall be liable for any loss incurred by Valet Plumbing as a result of the Customer’s failure to comply with this clause.

Price and Payment

1. At the Contractor’s sole discretion, the Price shall be either:

   1. as indicated on invoices provided by the Contractor to the Customer in respect of Works performed or Materials supplied; or

   2. the Contractor’s Price at the date of delivery of the Works according to the Contractor’s current pricelist; or

   3. the Contractor’s quoted Price (subject to clause 7.2) which shall be binding upon the Contractor provided that the Customer shall accept the Contractor’s quotation in writing within thirty (30) days.

2. The Contractor reserves the right to change the Price:

   1. if a variation to the Materials which are to be supplied is requested; or

   2. if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or

   3. where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to the Worksite access and/or crawl spaces, obscured Worksite defects not visible at the time of inspection (including, but not limited to, existing leaks or moisture behind walls etc), prerequisite work by a third party not being completed, inaccurate measurements, plans or specifications supplied by the Customer, hard rock or other barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or

   4. in the event of increases to the Contractor in the cost of labour or Materials which are beyond the Contractor’s control.

3. At Valet Plumbing Ltd’s sole discretion a non-refundable deposit may be required.

4. Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by the Contractor, which may be:

   1. on completion of the Works; 

   2. by way of progress payments in accordance with Valet Plumbing Ltd’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the worksite but not yet installed;

   3. for certain approved Customer’s, due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;

   4. the date specified on any invoice or other form as being the date for payment; or

   5. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Valet Plumbing Ltd

5. Payment may be made by electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and the Contractor.

6. Any discounts applicable to the Price shall become null and void if payment is not made by the due date stated on the invoice and/or statement.

7. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute

8. Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Valet Plumbing Ltd an amount equal to any GST the Contractor must pay for any supply by the Contractor under this or any other agreement for the sale of the Materials. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Provision of the Works

1. Subject to clause 5.2 it is the Contractor’s responsibility to ensure that the Works start as soon as it is reasonably possible.

2. The Works’ commencement date will be put back and the completion date extended by whatever time is reasonable in the event that Valet Plumbing Ltd claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond Valet Plumbing’s control, including but not limited to any failure by the Customer to:

   1. make a selection; or

   2. have the Worksite ready for the Works; or

   3. notify Valet Plumbing that the Worksite is ready

3. At Valet Plumbing Ltd’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.

4. Any time specified by Valet Plumbing Ltd for delivery of the Works is an estimate only and the Contractor will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Works to be supplied at the time and place as was arranged between both parties. In the event that Valet Plumbing is unable to supply the Works as agreed solely due to any action or inaction of the Customer, then the Contractor shall be entitled to charge a reasonable fee for re-supplying the Works at a later time and date, and/or for storage of the Materials.

Risk

1. If Valet Plumbing retains ownership of the Materials under clause 14 then:

   1. where Valet Plumbing is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:

      1. the Client or the Client’s nominated carrier takes possession of the Materials at the Contractor’s address; or

      2. the Materials are delivered by the Contractor or the Contractor’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).

   2. Where Valet Plumbing is to both supply and install Materials then Valet Plumbing shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.

2. Notwithstanding the provisions of clause 6.1 if the Customer specifically requests Valet Plumbing to leave Materials outside Valet Plumbing’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Customer’s expense.

3. Valet Plumbing  shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, Valet Plumbing accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.

4. The installation of some appliances can cause water hammer or damage to existing pipe work. The Customer agrees to indemnify Valet Plumbing against any such loss, damage or claim that may arise if the existing pipe work is unable to accommodate the installation of the Materials.

5. The Customer warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and that any plumbing connections (including, but not limited to, pipes, couplings and valves) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe plumbing or latent or unfavourable soil conditions such as liquefaction residue or risk) that Valet Plumbing or the employees of Valet Plumbing, reasonably form the opinion that the Customer’s premises is not safe for the Works to proceed then Valet Plumbing shall be entitled to delay the provision of the Works (in accordance with the provisions of clause 5.2 above) until the Contractor is satisfied that it is safe for the installation to proceed. 

6. The Customer acknowledges that choked drains generally indicate pipelines are not fully efficient (i.e. breakages, cracks, negative fall or tree root entry); the drain line cannot be repaired or rectified just by clearing it on its own. Once cleared, Valet Plumbing cannot give any guarantee against reoccurrence of the initial fault or further damage.  Valet Plumbing will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required.

7. Valet Plumbing is only responsible for components that are replaced by Valet Plumbing and does not at any stage accept any liability in respect of previous goods and/or services supplied by any other third party that subsequently fail and found to be the source of the failure.

8. Where the customer has supplied goods for Valet Plumbing to complete the Works, the customer acknowledges and accepts responsibility for the suitability of purpose, quality and faults inherent in the goods.  Valet Plumbing shall not be responsible for any defects in the goods, any loss or damage to the materials (or any part thereof), howsoever arising from the use of good supplied by the Customer. The customer acknowledges that any alleged claim made against Valet Plumbing (where the customer has supplied goods) shall be limited only to Valet Plumbing’s workmanship

9. The Customer acknowledges that materials supplied 

   1. fade or change colour over time;

   2. expand, contract or distort as a result of exposure to heat, cold, weather; 

   3. mark or stain if exposed to certain substances; 

   4. be damaged or disfigured by impact or scratching; and

   5. create undesirable smells caused by a system as a result of its normal operation.

10. The Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.

11. The Contractor is not insured to remove furniture or fittings and will not do so, nor is the Contractor licensed to move electrical appliances.

Worksite Access and Conditions

1. Valet Plumbing is not responsible for the removal of rubbish from or clean-up of the building/construction Worksite/s.  All rubbish generated by Valet Plumbing will be placed in a designated area appointed by the Customer but the responsibility of removal of same is Valet Plumbing or the Customer’s agent, unless otherwise agreed.

2. It is the intention of Valet Plumbing and agreed by the Customer that: 

   1. the Customer shall ensure that Valet Plumbing has clear and free access to the Worksite at all times to enable them to undertake the Works (including carrying out Worksite inspections, gain signatures for required documents, and for the delivery and installation of the Materials). Valet Plumbing shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Valet Plumbing; 

   2. the Customer shall be responsible to ensure that there is available parking at the nominated Worksite for Valet Plumbing vehicles. In the event that the Customer fails to adhere to this requirement and Valet Plumbing is required to pay for parking or any other associated travel costs (including, but not limited to, toll fees etc) then these will be on charged to the Customer; and

   3. it is the Customer’s responsibility to provide Valet Plumbing, while at the Worksite, with adequate access to available water, electricity, toilet and washing facilities where required.

3. Where Valet Plumbing requires that Materials, tools etc. required for the Works be stored at the Worksite, the Customer shall supply Valet Plumbing a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Customer’s responsibility.

4. The Customer agrees to be present at the Worksite when and as reasonably requested by Valet Plumbing and its employees, contractors and/or agents.

5. Worksite Inductions

   1. in the event the Customer requires an employee or sub-contractor of Valet Plumbing to undertake a Worksite induction during working hours, the Customer will be liable to pay the hourly charges for that period. If any induction needs to be undertaken prior to the commencement date then the Customer shall be liable to pay Valet Plumbing’s standard (and/or overtime, if applicable) hourly labour rate; or

   2. where Valet Plumbing is in control of the Worksite, the Customer and/or the Customers third party contractors must initially carry out Valet Plumbing’s Health & Safety induction course before access to the Worksite will be granted. Inspection of the Worksite during the course of the Works will be by appointment only and unless otherwise agreed, in such an event the Customer and/or third party acting on behalf of the Customer must at all times be accompanied by Valet Plumbing.

Underground Locations

1. Prior to Valet Plumbing commencing any work the Customer must advise Valet Plumbing of the precise location of all underground services on the Worksite and clearly mark the same. The underground mains and services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on the Worksite.

2. Whilst Valet Plumbing will take all care to avoid damage to any underground services the Customer agrees to indemnify Valet Plumbing in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 8.1.

Compliance with Laws

1. The Customer and Valet Plumbing shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Works

2. The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Works.

3. The Customer agrees that the site will comply with any WorkSafe guidelines and/or health and safety laws relating to building/construction sites and any other relevant safety standards or legislation

4. Prior to commencement of any Works Valet Plumbing shall carry a routine soundness test of the Worksite to ensure there are not any gas leaks in the existing pipework.  In the event of such a discovery Valet Plumbing where necessary will have the gas supply capped-off until the fault is found and repaired at the Customer’s expense.

5. The Customer acknowledges and accepts that in instances where the gas supply is turned off at the meter or bottles by Valet Plumbing in order to carry out the soundness test that parts within a gas appliance may fail due to not being turned off and serviced for a long period of time including, thermocouples, blocked pilot tubes, and SIT valves on pilot assemblies. Any costs associated with such an event shall be borne by the Customer.

Title

1. Valet Plumbing and the Customer agree that ownership of the Materials shall not pass until:

   1. the Customer has paid Valet Plumbing all amounts owing to Valet Plumbing; and

   2. the Customer has met all of its other obligations to Valet Plumbing.

2. Receipt by Valet Plumbing of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

3. It is further agreed that:

   1. until ownership of the Materials passes to the Customer in accordance with clause 10.1 that the Customer is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to Valet Plumbing on request;

   2. the Customer holds the benefit of the Customer’s insurance of the Materials on trust for Valet Plumbing and must pay to Valet Plumbing the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed;

   3. the production of these terms and conditions by Valet Plumbing shall be sufficient evidence of Valet Plumbing rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with Valet Plumbing to make further enquiries;

   4. the Customer must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Materials then the Customer must hold the proceeds of any such act on trust for Valet Plumbing and must pay or deliver the proceeds to Valet Plumbing on demand;

   5. the Customer should not convert or process the Materials or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Valet Plumbing and must sell, dispose of or return the resulting product to Valet Plumbing as it so directs;

   6. unless the Materials have become fixtures the Customer irrevocably authorises Valet Plumbing to enter any premises where Valet Plumbing believes the Materials are kept and recover possession of the Materials;

   7. Valet Plumbing may recover possession of any Materials in transit whether or not delivery has occurred;

   8. the Customer shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of Valet Plumbing; and

   9. Valet Plumbing may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Customer.

Personal Property Securities Act 1999 (“PPSA”)

1. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:

   1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and

   2. a security interest is taken in all Materials that have previously been supplied and that will be supplied in the future by Valet Plumbing to the Customer and the proceeds from such Materials as listed by Valet Plumbing to the Customer in invoices rendered from time to time.

2. The Customer undertakes to:

   1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Valet Plumbing may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

   2. indemnify, and upon demand reimburse, Valet Plumbing for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Materials charged thereby;

   3. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials or the proceeds of such Materials in favour of a third party without the prior written consent of Valet Plumbing; and

   4. immediately advise Valet Plumbing of any material change in its business practices of selling Materials which would result in a change in the nature of proceeds derived from such sales.

3. Valet Plumbing and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

4. The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.

5. Unless otherwise agreed to in writing by Valet Plumbing, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

6. The Customer shall unconditionally ratify any actions taken by Valet Plumbing under clauses 15.1 to 15.5.

7. Subject to any express provisions to the contrary (including those contained in this clause 15), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 

Security and Charge

1. In consideration of Valet Plumbing agreeing to supply the Works, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, and the Customer grants a security interest in all of its present and after-acquired property, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money). The terms of the charge and security interest are the terms of Memorandum 2018/4344 registered pursuant to s.209 of the Land Transfer Act 2017.

2. The Customer indemnifies Valet Plumbing from and against all Valet Plumbing’s costs and disbursements including legal costs on a solicitor and own client basis incurred in Valet Plumbing’s rights under this clause.

3. The Customer irrevocably appoints Valet Plumbing and each director of Valet Plumbing as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 16 including, but not limited to, signing any document on the Customer’s behalf.

Defects and Returns

1. The Customer shall inspect the Materials on delivery and shall within seven (7) days of delivery (time being of the essence) notify Valet Plumbing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Valet Plumbing an opportunity to inspect the Materials within a reasonable time following delivery if the Customer believes the Materials are defective in any way. If the Customer shall fail to comply with these provisions the Materials shall be presumed to be free from any defect or damage. For defective Materials, which Valet Plumbing has agreed in writing that the Customer is entitled to reject, Valet Plumbing’s liability is limited to either (at Valet Plumbing’s discretion) replacing the Materials or repairing the Materials.

Warranties

1. Subject to the conditions of warranty set out in clause 14.2 Valet Plumbing warrants that if any defect in any Works provided by Valet Plumbing becomes apparent and is reported to Valet Plumbing within twelve (12) months of the date of delivery (time being of the essence) then Valet Plumbing will either (at Valet Plumbing’s sole discretion) replace or remedy the defect.

2. The conditions applicable to the warranty given by clause 14.1  are:

   1. the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

      1. failure on the part of the Customer to properly maintain any Materials or serviced item; or

      2. failure on the part of the Customer to follow any instructions or guidelines provided by Valet Plumbing; or

      3. any use of any Materials or serviced item otherwise than for any application specified on a quote or order form; or

      4. the continued use of any Materials or serviced item after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

      5. fair wear and tear, any accident or act of God.

3. the warranty shall cease and Valet Plumbing shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Valet Plumbing’s consent.

4. in respect of all claims Valet Plumbing shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.

5. For Materials not manufactured by Valet Plumbing, the warranty shall be the current warranty provided by the manufacturer of the Materials. Valet Plumbing shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.

6. In the case of second-hand Materials, the Customer acknowledges that full opportunity to inspect the same has been provided and accepts the same with all faults and that no warranty is given by Valet Plumbing as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Valet Plumbing shall not be responsible for any loss or damage to the Materials, or caused by the Materials, or any part thereof however arising.

Consumer Guarantees Act 1993

1. If the Customer is acquiring Materials for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 (“CGA”) do not apply to the supply of Materials by Valet Plumbing to the Customer.

Intellectual Property

1. Where Valet Plumbing had designed, drawn, written plans or a schedule of Works, or created any product for the Customer, then the copyright in all such designs, drawings, documents, plans, schedules and products shall remain vested in Valet Plumbing, and shall only be used by the Customer at Valet Plumbing’s discretion.  Under no circumstances may such designs, drawings, and documents be used without written approval of Valet Plumbing

2. The Customer agrees that Valet Plumbing may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs,   drawings, plans for products which Valet Plumbing has created for the Customer.

Default and Consequences of Default

1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Valet Plumbing’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

2. If the Customer owes Valet Plumbing any money the Customer shall indemnify Valet Plumbing from and against all costs and disbursements incurred by Valet Plumbing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Valet Plumbing’s collection agency costs, and bank dishonour fees).

3. Further to any other rights or remedies Valet Plumbing may have under this Contract, if a Customer has made payment to Valet Plumbing, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Valet Plumbing under this clause 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.

4. Without prejudice to Valet Plumbing’s other remedies at law Valet Plumbing shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Valet Plumbing shall, whether or not due for payment, become immediately payable if:

   1. any money payable to Valet Plumbing becomes overdue, or in Valet Plumbing’s opinion the Customer will be unable to make a payment when it falls due; 

   2. the Customer has exceeded any applicable credit limit provided by Valet Plumbing;

   3. the Customer becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

   4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Construction Contract Act 2002

1. The Customer hereby expressly acknowledges that:

   1. Valet Plumbing has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:

      1. the payment is not paid in full by the due date for payment in accordance with clause 7.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or

      2. a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or

      3. the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Valet Plumbing by a particular date; and

      4. Valet Plumbing has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.

   2. if Valet Plumbing work, it:

      1. is not in breach of Contract; and

      2. is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and

      3. is entitled to an extension of time to complete the Contract; and

      4. keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.

   3. if Valet Plumbing exercises the right to suspend work, the exercise of that right does not:

      1. affect any rights that would otherwise have been available to Valet Plumbing under the Contract and Commercial Law Act 2017; or

      2. enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Valet Plumbing suspending work under this provision;

   4. due to any act or omission by the Customer, the Customer effectively precludes Valet Plumbing from continuing the Works or performing or complying with Valet Plumbing’s obligations under this Contract, then without prejudice to Valet Plumbing’s other rights and remedies, Valet Plumbing may suspend the Works immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Works is based. All costs and expenses incurred by Valet Plumbing as a result of such suspension and recommencement shall be payable by the Customer as if they were a variation.

Cancellation

1. Without prejudice to any other rights or remedies Valet Plumbing may have, if at any time the Customer is in breach of any obligation (including those relating to payment and/or failure to remedy any breach in respect of this Contract within ten (10) working days of receipt by the Customer of such notice/s) then Valet Plumbing may suspend or terminate the supply of the Works. Valet Plumbing will not be liable to the Customer for any loss or damage the Customer suffers because Valet Plumbing has exercised its rights under this clause.

2. Valet Plumbing may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are commenced by giving written notice to the Customer. On giving such notice Valet Plumbing shall repay to the Customer any sums paid in respect of the Price, less any amounts owing by the Customer to Valet Plumbing for Works already performed. Valet Plumbing shall not be liable for any loss or damage whatsoever arising from such cancellation.

3. In the event that the Customer wishes to cancel the delivery of Works, it shall be the Customer’s responsibility to provide Valet Plumbing with twenty-four hours written notice. Where such notice is received outside the prescribed timeframe, the Customer acknowledges and agrees that they shall be liable for any and all loss incurred (whether direct or indirect) by Valet Plumbing as a direct result of the cancellation (including, but not limited to, any loss of profits).

4. Cancellation of orders for products made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

Privacy Policy

1. The Customer authorises Valet Plumbing or the Contractor’s agent to:

   1. access, collect, retain and use any information about the Customer;

      1. (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or 

      2. for the purpose of marketing products and services to the Customer.

   2. disclose information about the Customer, whether collected by the Contractor from the Customer directly or obtained by the Contractor from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.

2. Where the Customer is an individual the authorities under clause 23.3 are authorities or consents for the purposes of the Privacy Act 2020.

3. The Customer shall have the right to request (by e-mail) from Valet Plumbing, a copy of the Personal Information about the Customer retained by Valet Plumbing and the right to request that Valet Plumbing correct any incorrect Personal Information

4. Valet Plumbing will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law. 

5. The Customer can make a privacy complaint by contacting Valet Plumbing via e-mail. Valet Plumbing will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

Service of Notices

1. Any written notice given under this Contract shall be deemed to have been given and received:

   1. by handing the notice to the other party, in person;

   2. by leaving it at the address of the other party as stated in this Contract;

   3. by sending it by registered post to the address of the other party as stated in this Contract;

   4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;

   5. if sent by email to the other party’s last known email address.

2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

General

1. Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising hereunder, shall be submitted to, and settled by, either adjudication in accordance with section 26 of the Construction Contracts Act 2002 and/or by arbitration in accordance with the Arbitration Act 1996 or its replacement(s).

2. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

3. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Auckland Courts of New Zealand.

4. Subject to the CGA, Valet Plumbing shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Valet Plumbing of these terms and conditions (alternatively Valet Plumbing’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).

5. Valet Plumbing may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.

6. The Customer cannot licence or assign without the written approval of Valet Plumbing.

7. Valet Plumbing 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. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of the Contractor’s sub-contractors without the authority of Valet Plumbing.

8. The Customer agrees that Valet Plumbing may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for Valet Plumbing to provide Works to the Customer. 

9. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Customer to make a payment to Valet Plumbing

10. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.