1. Acceptance of Term and Conditions
1.1 Contracting the supplier to carry out work or acceptance of a quote provided by The Supplier constitutes acceptance by the Customer of the Terms and Conditions
2. Quotes and Estimates
2.1. Quotes are valid for 30 days and can be withdrawn by The Supplier at any time. After 30 days, plans will require re-quoting
2.2. The Supplier shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer.
2.3. If additional work is required that could not be foreseen by the supplier at the time of providing the quote, then the supplier may at its option either cancel this contract or charge for such additional work at the supplier’s usual rate.
2.4. No variations to the work originally quoted for shall be carried out without the agreement of both the Customer and the Supplier.
2.5. Where the Customer and The Supplier have agreed to the variation, the supplier will be entitled to charge for the work involved in such variation at the supplier’s usual rate.
2.6. Quotes are based off plans supplied; consented plans must be supplied before a quote is accepted (if not already supplied for quoting).
2.7. Roof price EXCLUDES – Parapet Caps, Transition Slashings, Saddle Flashings, Rainwater Heads, Chimney Caps, Roof Penetrations/Vents, Dry-Pan Soaker Flashings and all associated flashings other than Skylights and “Roof Side Chimney Flashings. These will be quoted separately.
2.8. Roof price will EXCLUDE drip edge for extra high wind zones, or soffits less than 100mm unless stated on the quote.
2.9. Butynol price EXCLUDES Scupper Outlets and Sump Drain components, unless otherwise stated on the quote
2.10. Butynol price INCLUDES – Install, Drip Edge, Diverters, Glue and Butynol needed.
2.11. Wall Cladding price INCLUDES – Flashings and Long Run for designated Long Run walls as shown on supplied elevations plans (does not include battens). Flashings for other cladding areas are EXCLUDED or will be quoted separately. Price is based on elevations plans supplied; hidden walls must be clearly shown.
2.12. Wall Cladding – Square metres shown on the quote are just an estimate and will need a site measure for a final and accurate quote.
2.13. All tray roofing & cladding (incl DD400): Please note, install timeframes are much longer than standard longrun and will require specific scaffolding setups to suit each job. Please contact us prior to job specific time and set up requirements. If no clear details are supplied from architect, we will use our own details, or manufacturer’s flashing detail.
2.14. Extra charges will apply for colours outside of the standard colour range if not quoted for separately.
3. Price
3.1. At The Supplier’s sole discretion, the price shall be either:
3.1.1. as indicated on invoices provided by The Supplier to the Customer in respect of Works performed or Materials supplied; or
3.1.2. The Supplier’s quoted price, which shall be binding upon The Supplier provided that the Customer shall accept The Supplier’s quote in writing within thirty (30) days.
3.2. The Supplier reserves the right to change the price:
3.2.1. If a variation to the materials which are to be supplied is requested; or
3.2.2. If a variation to the Works originally scheduled (including any applicable plans or specifications) is requoted; or
3.2.3. Where additional works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather, limitations to accessing the job site, obscured buildings, incorrect measurements, plans and/or specifications provided by the Customers, safety considerations (discovery of asbestos; etc), prerequisite work by any third party not being completed, remedial work required due to existing workmanship being of a poor quality or non-compliant to the building code, upgrade of substrate on removal of the existing roof, rotting timber in the roof structure etc) which are only discovered on commencement of the Works; or
3.2.4. In the event of increases to The Supplier in the cost of materials, labour or goods which are beyond The Supplier’s control.
3.3. All prices as quoted are exclusive of goods and services tax unless otherwise stated.
4. Payment
4.1. Unless waived in writing by The Supplier, a deposit of 50% of the quoted price shall be required upon acceptance of any quote given by The Supplier prior to any work beginning.
4.2. Standard payment terms will be 7 days, 14 days or the 20th of the following month and will be stipulated on the Customer’s invoices
4.3. Payment for works will be by way of progress payments and will be payable by the Customer on the date/s determined by The Supplier.
4.4. If full payment is not made by the Customer to The Supplier, then the Customer will be in default under this contract and the supplier may exercise all of the rights and remedies set out in this contract and otherwise available within the law; and
4.4 The Customer will pay an administration fee on overdue accounts of $15.00 per calendar month at the supplier’s discretion.
4.5 The Customer will be liable for all expenses incurred by the supplier in recovering the debt including but not limited to collection agency fees, legal fees and court costs inclusive of the dispute’s tribunal.
4.6 The Customer shall be liable to pay interest at the rate of 2% above the current bank overdraft interest rate on all overdue accounts at the supplier’s discretion
5. Provision of the Works
5.1. Subject to clause 6.2 it is The Supplier’s responsibility to ensure that the Works start as soon as it is reasonably possible.
5.2. The Works’ commencement date will be put back and the completion date extended by whatever time is reasonable in the event that The Supplier claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond The Supplier’s control, including but not limited:
5.2.1. the Customer failing to make a selection; or
5.2.2. the Customer failing to have the worksite ready for the Works; or
5.2.3. the Customer failing to notify The Supplier that the Worksite is ready.
5.2.4. poor weather
5.2.5. supply or manufacturing issues
6. Customers Responsibilities
6.1. The Customer shall ensure that The Supplier has clear and free access to the jobsite at all times to enable them to undertake the Works.
6.2. Any scaffolding and fall through protection requirements are the responsibility of the Customer and must conform with Department of Labour regulations. This also includes correct platform work heights for roof pitches above and below 26 degrees, along with gable end rails. Works will not commence until all regulations are met. No special allowances.
7. Liability on Claims
7.1. All claims against the supplier by the Customer must be made in writing within 10 working days of receipt of the supplier’s invoice.
7.2. The supplier reserves the right at its discretion to repair or replace goods or to credit the portion of the price applicable to the goods and services in respect of any claims accepted.
7.3. The supplier will use its best endeavours to enforce any guarantees or warranties given by the manufacturer of goods supplied by the supplier.
7.4. In any event, the total liability of the supplier for any loss arising from any defect or non-compliance of the goods and services or any other breach by the supplier of its obligations under this agreement will not in any circumstances exceed the price quoted by the supplier.
8. Ownership & PPSR
8.1. Property in and ownership of the goods remains with the Supplier until all money the Customer owes to the supplier has been paid in full.
8.2. The Supplier reserves the right to register its financial interest in the goods or services on the Personal Property Securities Register.
8.3. If the Customer is in default under these terms and conditions, then the supplier will be entitled without notice to repossess the secured goods. The Customer authorises the supplier or its representatives, servants, agents or employees to enter the property where the secured goods are situated for the purpose of repossession. The supplier will not be liable for any costs, expenses, damage or loss of any kind suffered by the Customer as a result of repossession.
8.4. Any repossessed goods may be disposed of at the discretion of the supplier and any monies gained shall first be deducted from any money the Customer owes the supplier including any interest due and any expense occurred by the supplier in enforcing its rights. Any surplus will pass to the Customer.
9. Consumer Guarantees Act
9.1. Where the supplier is supplying goods and services to the Customer for business purposes within the meaning of the Consumer Guarantees Act 1993,
10. Information and Privacy Act
10.1. For the purpose of facilitating the efficient running of the supplier’s business, the Customer authorizes the supplier to collect all information it may require from any third parties and authorizes those third parties to release that information to the supplier.
10.2. The Customer agrees that this information may be passed to a third party or to any other person to facilitate the collection of debts from the Customer.
10.3. Such information will be accessible to any of the supplier’s employees and agents who need access to it for the efficient running of the supplier’s business.
10.4. The Customer may request access to and correction of this information at any time.
10.5. The Supplier will comply with all requirements under the Privacy Act 2020
11. Construction Contracts Act 2002
11.1. Where not covered in these terms of trade or altered under mutual agreement, the default provisions in the Construction Contracts Act 2002 will be applied to any payment claims
11.2. Disputes will be referred to the adjudicator under the provisions in the Act.
11.3. We reserve the right to suspend work as allowed in the provisions in the Act
12. Delivery & Risk
12.1. Risk in goods supplied will pass to the Customer when the goods are delivered to the delivery point.
13. Variations re: Materials supply, Dimensions, Plans and Specifications:
13.1. Where there is an unforeseen price increase by a Supplier that has not been accounted for in our quote or estimate, the Supplier will supply a variation of the direct increase to the client with no margin being added. The variation will be supplied at the time of the increase and paid under the Supplier’s normal terms, not at the end of the job.
13.2. The Supplier shall be entitled to rely on the accuracy of any plans, specifications and other relevant information supplied by the customer. It shall be the customer’s responsibility to check all measurements and specifications supplied in any quote or estimate prior to acceptance or approval. Should there be any changes required, this must be advised to the Supplier in writing prior to placing any order or accepting any quote or estimate. Any extra costs due to incorrect information being supplied will be met by the customer.
13.3. Due to Covid, there have been some issues with product availability. Should there be a change of product after the quote has been accepted, the Supplier will consult with the customer and make any changes to products as agreed. Any changes will be passed on as a variation and the quote adjusted. This will work if there is either an increase or decrease to the original product price.
Definitions
Supplier – Residential Roofing 2014 Ltd
Customer – Any person or entity that engages Residential Roofing 2014 Ltd for the supply of goods and or services.
Works – means all Works supplied by Residential Roofing to the Customer
