Terms of service
This document outlines the Terms and Conditions of Trade applicable to all services provided by Lateral Engineering Limited ("LEL"), a company incorporated and operating in New Zealand.
1) Scope of Work
a. The scope of works provided by LEL is limited to that described in LEL's quotation or service estimate. Any variations must be agreed in writing.
2) Pricing
a. Prices are valid for 14 days unless otherwise stated.
b. Prices are based on the scope of works described and exclude any items listed in the Exclusions section.
c. Labour is an indication only and may vary if the job has unforeseen circumstances.
d. Price variability is subject to wholesale material cost (material prices are currently changing within a 7-day period) this is deemed to be acceptable in today’s market and variations may need to be made see section 7) variations below.
3) Payment Terms
a. A 50% deposit is required prior to commencing work. This is non-refundable if the order is cancelled.
b. The final invoice will be issued on completion of the works.
c. Full payment is due within 7 days of the invoice date.
d. LEL may charge interest on overdue invoices at a rate of 15%p.a calculated daily and compounding monthly in line with ANZ Business Overdraft rates
e. LEL reserves ownership of all materials until paid for in full.
4) Working Hours
a. Quotations are based on work being carried out during normal working hours of 7:30am - 5:30pm, Monday to Friday, excluding public holidays.
5) Access and Continuity
a. The price is based on continuous, uninterrupted, and unhindered access to the required people, equipment, facilities, and work areas.
6) Subcontractors
a. The customer accepts all terms and conditions provided by sub/contractors encompassed in this quotation or service estimate.
7) Variations
a. Variations must be agreed in writing. A minimum fee of $250 applies for subsequent variations.
b. If the variation proceeds, the fee will be credited against the final invoice.
c. Variation pricing is at LEL's discretion.
d. Variations become part of the contract.
8) Exclusions
a. See Exclusions section for items not included unless explicitly stated. Any excluded items will be charged as a variation if requested.
9) Title and Risk
1. The Seller and Customer agree that ownership of the Goods shall not pass until:
a. The Customer has paid the Seller all amounts owing for the Goods, and
b. The Customer has met all other obligations due by the Customer to the Seller in respect of all contracts between the Seller and the Customer.
c. Receipt by the Seller 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 and until then the Sellers ownership or rights in respect of the Goods shall continue.
2. It is further agreed that:
a. Where practicable the Goods shall be kept separate and identifiable until the Seller shall have received payment, and all other obligations of the Customer are met; and
b. Until such time as ownership of the Goods shall pass from the Seller to the Customer the Seller may give notice in writing to the Customer to return the Goods or any of them to the Seller. Upon such notice being given the right of the Customer to obtain ownership or any other interest in the Goods shall cease; and
c. The Customer is only a bailee of the Goods and until such time as the Seller has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for the Seller; and
d. If the Customer fails to return the Goods to the Seller then the Seller or the Sellers agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated as the invitee of the Customer and take possession of the Goods, and the Seller will not be liable for trespass or any reasonable loss or damage suffered as a result of any action by the Seller under this clause.
e. Title in the products remains with LEL until paid in full including any late payment fees incurred.
f. Risk of loss or damage passes to the customer on delivery.
10) Liability
a. LEL is not liable for any loss, damage or injury arising directly or indirectly from the works beyond the immediate vicinity of the works outlined in the quotation.
11) Customers Disclaimer
a. The Customer hereby disclaims any right to rescind, or cancel any contract with the Seller or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by the Seller and the Customer acknowledges that the Goods are bought relying solely upon the Customers skill and judgement.
12) Defects
a. The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
b. The Customer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.
c. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage.
d. For defective Goods, which the Seller has agreed in writing that the Customer is entitled to reject, the Sellers liability is limited to either (at the Sellers discretion) replacing the Goods or repairing the Goods.
13) Returns
1. Reruns will only be accepted provided that:
a. The Customer has complied with the provisions of clause 12) a. and
b. The Seller has agreed in writing to accept the return of the Goods; and
c. The Goods are returned at the Customers cost within seven (7) days of the delivery date; and
d. The Seller will not be liable for Goods which have not been stored or used in a proper manner; and
e. The Goods are returned in the condition in which they were delivered and with all packaging material, brochures, and instruction material in as new condition as is reasonably possible in the circumstances.
f. The Seller may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of 10% of the value of the returned Goods plus any freight.
14) Warranty
a. The Seller gives no warranty on any Goods beyond that offered by the manufacturer of the Goods. The judgment of the manufacturer as to the validity of any claim is final and binds both the Customer and the Seller. The liability in the event of a valid claim will not exceed the sale price of the Goods concerned plus the cost of labour charged by the Seller.
b. In respect of services performed by the Seller, no warranty is given for any sum greater than the cost of the labour originally provided by the Seller.
c. This undertaking is in place of any implied condition as to the merchantable quality of the Goods, and all other conditions, warranties, undertakings or terms whether expressed or implied, statutory or otherwise, inconsistent with the provisions of this warranty are to the extent permitted by law hereby expressly excluded.
d. The Seller gives no warranty that the Goods are fit for any purpose, suitable for any purpose or any other warranty other than that referred to in Clause 14) a. above.
e. No warranties or guarantees are provided for any items/materials or designs not supplied by LEL.
f. LEL shall not be responsible for any defects or issues arising from such items/materials or designs.
15) Consumer Guarantees Act 1993
a. If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Seller to the Customer.
16) Intellectual Property
a. Where the Seller has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in the Seller, and shall only be used by the Customer at the Sellers discretion.
b. The Customer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Customers order and the Client agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.
17) Indemnity
a. The customer indemnifies LEL against any loss or damage caused by any act or omission by the customer.
18) Jurisdiction
a. 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 courts of New Zealand.
19) Severability
a. 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.
20) Privacy Act 1993
1. The Customer authorises the Seller to:
a. Collect, retain, and use any information about the Customer, for the purpose of assessing the Customers creditworthiness or marketing products and services to the Customer; and
b. Disclose information about the Customer, whether collected by the Seller from the Customer directly or obtained by the Seller 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.
c. The Customer shall have the right to request the Seller for a copy of the information about the Customer retained by the Seller and the right to request the Seller to correct any incorrect information about the Customer held by the Seller.
21) General
a. The Seller shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of these terms and conditions.
b. In the event of any breach of this contact by the Seller the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
c. 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 Seller.
d. The Seller may license or sub-contract all or any part of its rights and obligations without the Customers consent.
e. The provisions of the Contractual Remedies Act 1979 shall apply to this contract, unless otherwise specified elsewhere in this document.
f. The Seller reserves the right to review these terms and conditions at any time.
g. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, and lock out, industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of either party.
h. The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Sellers right subsequently enforce that provision.
22) Entire Agreement
a. These Terms and Conditions constitute the entire agreement between the Customer and LEL and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
23) Notices
a. All notices and other communications under these Terms and Conditions will be in writing and will be deemed to have been duly given when delivered in the first instance via electronic mail and any other form of delivery.
24) Exclusions
1. These exclusions are in addition to any other exclusions stated in these Terms and Conditions of Trade and shall be interpreted in accordance with the laws of New Zealand.
a. The provision of special access equipment, if required
b. Removal of and not limited to Hazardous materials, site refuse not associated with scope.
c. Unrelated or Extraneous work.
d. Structural modifications, temporary works.
e. Builder's work, painting, decorating, services connections.
f. Consents, permits, fees, professional services by third parties.
g. Consultations not limited to Design, engineering, certification, as-built drawings.
h. Testing, commissioning, manuals, training.
i. Insurance, bond, defects liability, latent defects liability.
j. Works outside the scope described in the quotation.
2. LEL is not responsible or liable for any damages or losses resulting from
a. Any delays or failures to perform the services due to circumstances beyond our reasonable control.
b. Any damages or losses caused by the Customer's misuse, negligence, or failure to follow instructions or recommendations provided by LEL.
c. The use of any third-party materials or equipment not recommended or supplied by LEL.
d. The Customer's failure to obtain necessary permits, licenses, or approvals required for the project.
e. The Customer's failure to provide accurate and complete information regarding the project requirements.
f. changes made to the project by the Customer without prior written approval from LEL.
g. The Customer's failure to properly maintain or care for the completed work.
h. the Customer's failure to comply with applicable laws, regulations, or industry standards.
i. The Customer's failure to provide a safe working environment for LEL's employees or subcontractors.
j. The Customer's failure to provide necessary access to the work site or required utilities.
k. Extra work or time required due to contractor or subcontractor incompetence or substandard workmanship that leads to delays or additional work.
l. Any issues arising from the quality, delivery, or suitability of materials supplied by anyone other than LEL. Such issues shall be promptly communicated to the Customer.
By engaging the services of LEL, you agree to abide by these Terms and Conditions of Trade. Please ensure you have read and understood these Terms before proceeding with any service agreement with LEL.