Payment Terms
- Progress payment will be submitted throughout the duration of the works undertaken. Final payment is due 7 days after final invoice.
- The warranty for both materials and workmanship will not be given until full payment has been received. Products and materials remain the property of Manawatu Roofing Ltd until full payment has been received.
- A 10% late penalty fee will be added to any outstanding accounts remaining after 30 days. This will be calculated at 10% every 10 days thereafter. We will seek debt collection after 60 days. All outstanding money, including collection fees, will be passed on to the debtor.
General Terms
- The contractor shall carry out and complete the work in a proper and workmanlike manner in accordance with the plans and specifications supplied.
- The contractor shall comply with all relevant legislation, regulations, bylaws, and codes of practice applicable to the work.
- The principal shall provide the contractor with reasonable access to the site at all times required to carry out the work.
- The principal shall ensure that the site is clear and ready for the contractor to commence work on the agreed start date.
- Any variations to the contract must be agreed in writing by both parties prior to work commencing on those variations.
- The contractor shall not be liable for any delay in the completion of the work caused by circumstances beyond the contractor's control, including but not limited to adverse weather conditions, delays in delivery of materials, or actions of third parties.
- The contractor shall maintain appropriate insurance cover for the duration of the contract, including public liability and contract works insurance.
- The principal shall be responsible for obtaining all necessary consents and permits required for the work, unless otherwise agreed in writing.
- The contractor shall not be responsible for any damage to underground services, pipes, or cables unless the principal has provided accurate information about their location prior to work commencing.
- Any disputes arising from this contract shall be resolved in accordance with the New Zealand Disputes Tribunal Act 1988 or through mediation before proceeding to litigation.
- The contractor reserves the right to subcontract any part of the work without prior consent of the principal, provided that the contractor remains responsible for the quality of all work performed.
- The principal shall inspect the completed work within 5 working days of notification of completion. Any defects or omissions must be notified to the contractor in writing within that period.
- The contractor's workmanship warranty applies to defects arising from the contractor's work only, and does not cover damage caused by the principal, third parties, or events beyond the contractor's control.
- Materials warranties are provided by the relevant manufacturers and are subject to the terms and conditions of those warranties.
- The contractor shall keep the site reasonably clean and tidy throughout the duration of the work and shall remove all rubbish and surplus materials on completion.
- The principal shall not withhold payment for work satisfactorily completed on the grounds of incomplete or unsatisfactory work in another area of the contract, unless the contractor has been notified in writing and has had a reasonable opportunity to remedy the issue.
- These terms and conditions shall be governed by the laws of New Zealand.
- If any provision of these terms and conditions is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- The contractor shall take all reasonable precautions to ensure the safety of persons and property on and adjacent to the site during the performance of the work.
- These terms and conditions, together with the contract documents, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
Definitions
- “Contractor” means Manawatu Roofing Ltd and its employees, agents, and subcontractors.
- “Principal” means the person, company, or organisation engaging the contractor to perform the work.
- “Work” means the roofing, cladding, or associated services described in the contract documents.
- “Contract documents” means the quote, plans, specifications, and these terms and conditions.
- “Site” means the location where the work is to be carried out.
- “Variation” means any change to the scope of work described in the contract documents.
- “Practical completion” means the stage at which the work is complete except for minor defects that do not prevent the work from being used for its intended purpose.
- “Defect” means any failure of the work to comply with the contract documents.
- “Materials” means all products, components, and supplies incorporated into the work.
- “Workmanship warranty” means the contractor's guarantee that the work has been carried out in a proper and workmanlike manner.
NZS3910 Compliance
Where applicable, work is carried out in accordance with NZS3910:2013 Conditions of Contract for Building and Civil Engineering Construction. The standard terms of NZS3910 apply except where modified by these terms and conditions or the specific contract documents.
Master Builders
Manawatu Roofing Ltd is committed to the standards of quality and professionalism expected of members of the building and construction industry in New Zealand. All work is carried out in accordance with the relevant New Zealand Standards and building codes applicable at the time of construction.