Term & Conditions
Provision of goods and services is strictly subject to the acceptance of these terms and conditions and unless notified of non-acceptance in writing the Customer is deemed to have accepted these terms and conditions
1. Our Pledge to you
1.1 We agree to carry out the contract in a professional manner using only the best or most appropriate materials and workmanship.
1.2 We will communicate with you at all stages and be available to answer any queries you might have.
1.3 We are committed to providing exceptional customer service that will exceed your expectations. Our commitment to our customers is one of the many reasons we are successful.
1.4 On completion of the job you will be provided with a brief survey that allows you to comment on any aspects of our service, we value your opinion.
1.5 In the unlikely event of any dispute we undertake to resolve such matters directly with you before the need to involve any third party.
1.6 We provide a 12 month guarantee on all our work in addition to any supplier guarantees.
2.1.”Seller” means CREATIVE & CO LTD, and any company which is directly or indirectly a subsidiary of CREATIVE & CO LTD and any duly authorized
2.2 “Customer” means the person, authorized agent or legal entity described in the application, or stated on the invoice or order form, buying goods and/or services from CREATIVE & CO LTD.
2.3 “Goods” has the same meaning as section 2 of the Sale of Goods Act 1908 and is any goods provided by the seller to the customer.
2.4 “Services” shall mean all services supplied by the seller to the customer and includes any recommendations or advice.
2.5 “Price” shall mean the purchase price of the goods and any other costs payable to the seller by the customer as indicated on the invoice.
3.1 Any instructions received by the seller from the customer for the supply of goods or services shall constitute acceptance of the terms and conditions contained herein.
3.2 No agent or representative of the seller is permitted to make any such agreements, representations, conditions or warranties not expressly confirmed by the seller in writing.
4. Quotations & Estimates
4.1 Quotations & estimates are valid for 30 days, after that we reserve the right to amend our quotes and estimates if necessary to allow for price variances.
4.2 Once signed or accepted, the quotation or estimate becomes binding on both parties.
4.3 If for any reason after acceptance of the quotation or estimate, it is cancelled by you, we reserve the right to charge a fee commensurate to the time, effort and any other costs involved up to that time together with an allowance for lost opportunity.
4.4 All prices are inclusive of GST unless stated in writing.
5. Terms of Payment
5.1 All projects are due for payment in full 7 days after the invoice date.
5.2 Some work may require deposits and or progress payments, if so this will be covered by our written quotation/estimate.
5.3 If the account is unpaid after the due date, you agree to pay interest at a rate of 2.5% per calendar month or part thereof until principal and interest has been paid in full.
5.4 The customer shall pay all costs incurred by the seller, including without limitation costs on a solicitor-client basis and debt collectors’ costs incurred in the recovery or attempted recovery of outstanding moneys and the enforcement of these terms and conditions.
6. Extra Works Over Quotations
6.1 Please note that any extra work requested but not covered by the scope of the Quotation or Estimation will be treated as a Variation Order. These extra works will be costed and presented as a Variation Order for your approval before extra works begin.
7.1 Where the customer is in default under these terms and conditions, or any other contract between the customer and the seller, the seller may:
(a) Demand payment of all or part of any sums whether due or not; and/or
(b) Require security for such obligations to its full satisfaction before any further supplies are made to the customer; and/or
(c) Withhold without notice goods or services ordered by the customer; and/or
(d) Charge interest pursuant to clause 5.5; and/or
(e) Cancel this or any other contract between the parties without prejudice to any rights of the seller to recover outstanding monies.
7.2 Without prejudice to its other remedies, the seller shall be entitled to cancel this and any other contract for goods or services with the customer in the following circumstances:
(a) If the customer becomes insolvent or is adjudicated bankrupt; or
(b) If a receiver is appointed in respect of the assets of the customer; or
(c) If the customer no longer carries on business or threatens to cease carrying on business; or
(d) If an arrangement with the customer’s creditors is made or is likely to be made; or
(e) If the ownership or effective control of the customer is transferred or the nature of the customer’s business is materially altered.
8. Risk and Delivery
8.1 The goods remain at the sellers risk until the delivery to the customer, but when title passes to the customer the goods are at the customers risk no matter if delivery has been made or not and the seller to the maximum extent permitted by law excludes all responsibility and liability for the goods at that time under any theory of law or cause of action whatsoever and howsoever arising including, without limitation, in negligence.
8.2 Delivery of goods shall be deemed complete when the seller gives possession of the goods for delivery to the customer, or possession of the goods is given to a general carrier, for delivery to the customer.
8.3 Dates given for provision of goods and/or services are stated in good faith but are not to be treated as a condition of sale. If the delivery of the goods or services is delayed for any reason whatsoever, the seller shall not be responsible or liable in any way to the customer or any other party for loss sustained due to such delay. Delay installation or failure to deliver by a set date does not entitle the customer to cancel any order or part thereof.
8.4 The seller shall not be liable to the customer for damage or loss due to failure by the seller to deliver the goods promptly or at all.
9.1 Title in the goods passes to the customer when the customer has made payment in full for all goods supplied by the seller.
9.2 The customer gives necessary authority to the seller to enter any premises occupied by the customer, at any reasonable time, to remove any goods not paid for in full by the customer. The seller shall not be liable for damages, costs or expenses or any other losses suffered by the customer as a result of this action.
10. Non Waiver
10.1 Failure by the seller to enforce any of the terms & conditions contained in this contract shall not be deemed to be a waiver of any of the rights the seller has in this contract and is not liable for any indirect loss or expense to the customer.
11. Force Majeure
11.1 The seller shall not be liable for failure or delay to perform its obligations if the delay or failure is beyond its control.
12.1 No claim relating to Services will be considered unless made within fourteen (14) days of delivery.
12.2 Immediate reports of claims can result in a quick and satisfactory resolution
13.1 Manufacturer’s warranties apply where applicable.
13.2 Any written warranty provided to the customer by the seller will also form part of these terms and conditions of trade.
13.3 Any warranty provided by the seller does not cover:
(a) The discovery of structural issues, unknown damage by previous works or environmental causes, uncovered by work being undertaken as per the contract, until approval has been given by the customer to include the repairs for this work into the active contract.
(b) Ordinary wear and tear, or extraordinary wear and tear, resulting from improper use and care
(c) Defects or damages caused by fire, flood, acts of God, explosion, vandalism, extreme weather conditions, alterations, abuse, negligence, misuse, or any additional reason beyond the control of the contractor
13.4 Please note: This is the only warranty made by the seller and takes place of all other expressed or implied warranties. This warranty only covers services that the seller has provided for the original customer on the contract at the specified address on the contract. The seller will not be held liable in any event for consequential or incidental damages that exceed the original contract price. This warranty may not be altered or extended for any purpose unless done so in writing and documented by all parties of the contract.
14.1 The contract shall in all respects be deemed to be a contract made in New Zealand and the validity, construction and performance of the contract shall be governed by New Zealand law.
15. Personal Property Securities Act 1999
15.1 The customer agrees that the provisions of this clause constitute a Security Interest in Personal Property (as those terms are defined in the Personal Property Securities Act 1999 (“PPSA”)) in respect of which the seller may register a financing statement on the Personal Property Securities Register.
15.2 The customer hereby waives its rights contained in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA.
15.3 The Customer grants to the Seller a security interest in all present and after acquired goods and their proceeds.
15.4 On the request of the Seller the Customer shall promptly execute any documents and do anything else required by the Seller to ensure that the security interest created under this agreement constitutes a first ranking perfected security interest over the goods and their proceeds including providing any information the Seller reasonably requires to complete a financing statement or a financing change statement. The Customer waives any right to receive a copy of a verification statement under the Personal Property Securities Act 1999.
15.5 The Customer will pay to the Seller all costs, expenses and other charges incurred, expended or payable by the Seller in relation to the filing of a financing statement or a financing change statement in connection with these terms and conditions.
16.1.1 The customer shall not assign all or any of its rights or obligations under this contract without the written consent of the seller.
17.1 The seller may cancel these terms and conditions or cancel delivery of goods and services at any time before the goods are delivered by giving written notice. The seller shall not be liable for any loss or damage arising from such cancellation.
17.2 The customer may cancel delivery of goods at the seller’s sole discretion and will be liable for any costs incurred by the seller.
18. Limitation of liability
18.1 The seller shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from anybreach of the seller’s obligation under this contract or in tort.
18.2 Where the seller is liable to the customer, the maximum cost of any liability shall not in any circumstances exceed the value of the goods or services provided by the seller to the customer.
18.3 The seller shall have no liability whatsoever for claims if:
(a) The goods are installed or fitted by unqualified trades people;
(b) The goods or services are in any way adapted to a use for which they are not specifically intended; or
(c) The goods are added to or repaired using components not recommended or approved by the manufacturer of the Services.
19.1 If any of these terms and conditions is held by a Court to be ineffective by virtue of illegality or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part of them.
19.2 The customer may not claim any counterclaim or set-off against any payments due by it to the seller.
19.3 The seller may license or sub-contract all or any part of its rights and obligations without the customer’s consent.
19.4 The seller reserves the right to review and change these terms and conditions at any time and will notify the customer of this in writing at which time the changes will take effect.