1.1 In these Terms and Conditions: 

Supplier, we, us or our means Auckland Painting Group Ltd (NZBN: [insert if known]), its successors, assigns, and any authorised representatives. 

Client, you or your means the person(s), company or entity requesting or accepting the Works, as named in any quote, invoice, order form or related document. Where there is more than one Client, each is jointly and severally liable. 

Works means the painting, decorating, preparation, remediation, renovation and/or associated services, labour and materials supplied by us at your request (the terms Works and Materials may be used interchangeably depending on context). 

Materials means all products, paint, coatings, equipment and supplies provided by us. 

Price means the amount payable for the Works as set out in clause 5. 

Variation means any additional or changed Works requested by you or your authorised representative in writing. 

Scope of Work means the agreed list of Works and/or Materials described in the quotation, order form or written agreement between us. 

Worksite means the property or location where the Works are to be performed, as nominated by you. 

Commencement Date means the date the agreement becomes effective, as recorded in our order form or upon your acceptance of the quote.

 

1.2 These Terms, together with any accepted quotation or order form, constitute the entire agreement between the parties and supersede all prior discussions, representations or agreements.

 

1.3 This agreement is governed by the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the courts of New Zealand.1.4 General interpretation rules apply as follows: 

Singular includes plural and vice versa. 

References to persons include companies and other entities; 

References to statutes include amendments, re-enactments and regulations made under them; 

Headings are for convenience only and do not affect interpretation.Price, Quotations and Payment

 

2.1 Quotations are valid for 30 days from the date of issue unless otherwise stated. 

 

2.2 The Price is either: 

(a) as shown on our invoice(s); or 

(b) as stated in our written quotation/order form, provided you accept it in writing within 30 days

 

2.3 We may adjust the Price if: 

You request a Variation, 

Hidden or unforeseen conditions are discovered (e.g. structural issues, poor access, weather delays, defective substrate, asbestos, previous non-compliant work); 

Labour or material costs increase beyond our reasonable control.

 

2.4 Unless stated otherwise, the Price excludes GST. You must pay GST and any other applicable taxes/duties in addition to the Price.

 

2.5 We may require a deposit (typically 30 to 50 percent depending on project size) before commencing work. The deposit is non-refundable once work has started.

 

2.6 Payment terms (at our discretion): 

Full payment within 7 days of invoice; or 

For approved account clients, 20th of the month following invoice; or 

As otherwise agreed in writing.

 

2.7 Time for payment is essential. Overdue amounts attract interest at 24 percent per annum (compounding monthly at our discretion), plus all reasonable debt recovery costs (including legal fees on a solicitor-client basis and collection agency fees).

 

2.8 We may suspend the Works if payment is overdue until payment is received in full. 

 

Your Obligations and Responsibilities

 

3.1 You warrant that: 

You are the registered owner of the property or have full authority to engage us. 

You will provide safe, unobstructed access to the Worksite during agreed hours. 

You will advise us of all known hazards, services (power, water, gas, telecoms etc.), asbestos, toxic substances, or existing defects before work commences. 

You will ensure the Worksite is appropriately insured for your risks during the Works.

 

3.2 You are solely responsible for the safe removal and disposal of any asbestos or hazardous materials discovered. We will not handle or remove such substances.

 

3.3 You must verify the accuracy of all measurements, plans, quantities, and specifications you provide. We accept no liability for errors arising from incorrect information supplied by you. Provision of the Works

 

4.1 Commencement and completion dates are estimates only. We will use reasonable endeavours to meet them, but are not liable for delays caused by: 

Inclement weather. 

Late material deliveries. 

Your failure to provide access, selections or instructions. 

Events beyond our reasonable control.

 

4.2 We may engage subcontractors as required.

 

4.3 We may deliver the Works in stages or instalments.

 

4.4 All Works will be performed in accordance with applicable New Zealand standards, building codes, manufacturer guidelines and good trade practice. Retention of Title and Risk

 

5.1 Ownership of Materials and Works remains with us until you have paid the Price in full (including any Variations) and met all other obligations to us.

 

5.2 Until ownership passes, you are a bailee only. You must not sell, dispose of, encumber, or part with possession of the Materials except in the ordinary course of business at market value (in which case you hold the proceeds on trust for us).

 

5.3 We may enter your premises to recover Materials if payment is overdue.

 

5.4 Risk in the Materials passes to you upon delivery to the Worksite.Defects and Warranty

 

6.1 You must inspect the Works immediately upon completion and notify us in writing of any alleged defects, shortages or non-compliance within 7 days (time being essential). Failure to do so means the Works are deemed accepted as free of defects.

 

6.2 If we accept (in writing) that Works are defective, our sole liability is (at our option) to rectify or re-perform the defective portion.

 

6.3 We provide no warranty beyond that stated above, and exclude liability for defects caused by misuse, normal wear and tear, structural movement, moisture issues not caused by our work, or third-party interference.Limitation of Liability and Indemnity

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7.1 To the maximum extent permitted by law, our total liability is limited to the Price paid for the Works.

 

7.2 We are not liable for any indirect, consequential or special loss (including loss of profits).

 

7.3 You indemnify us against all claims, losses, costs and liabilities arising from: 

Your breach of these terms; 

Incorrect information or instructions provided by you; 

Hazardous substances or pre-existing defects at the Worksite; 

Your failure to obtain necessary consents or insurances. Variations, Cancellation and Termination

 

8.1 Any Variation must be agreed in writing. Additional costs will be charged accordingly.

 

8.2 If you cancel after we have commenced work or ordered Materials, you remain liable for all costs incurred plus a reasonable margin.

 

8.3 We may suspend or terminate the Works if you are in breach (including non-payment), become insolvent, or fail to provide safe access.

 

Intellectual Property

 

9.1 Any designs, drawings, plans or specifications we create remain our property. You may use them only for the Works with our written permission.

9.2 You warrant that any instructions or designs you provide do not infringe third-party intellectual property rights and indemnify us against any such claims.Privacy and Credit Information

 

10.1 You authorise us to collect, use and disclose information about you (including credit checks) for the purpose of assessing creditworthiness, debt recovery and providing our services, in accordance with the Privacy Act 2020.Construction Contracts Act 2002

 

11.1 You acknowledge our rights under the Construction Contracts Act 2002, including the right to suspend the Works for non-payment after following the required notice procedures. Suspension does not place us in breach and entitles us to an extension of time and recovery of related costs.General

 

12.1 We may assign our rights under this agreement after practical completion.

 

12.2 Neither party is liable for delays caused by events beyond reasonable control (force majeure).

 

12.3 If any provision is invalid, the remainder remains in full force.

 

12.4 These terms may be updated by us from time to time; continued engagement constitutes acceptance of changes.By accepting our quotation, placing an order, or allowing us to commence the Works, you agree to be bound by these Terms and Conditions.Auckland Painting Group Ltd