Conditions


1.0 INTERPRETATION

1.1 These conditions of sale are entered into on behalf of the Contractor and are intended to bind and be for the benefit of the Contractor and the Contractor’s successors and assigns.

1.2 In these conditions:

“Contractor” means Groundwork 2003 Ltd
        
“Client” means the person, firm or company requesting the work from the Contractor.

“contract” means the agreement between the Contractor and the Client for the work to be performed at the contract price as set out in the quotation and subject to these terms and conditions.

“contract price” means the price of the work as set out in the quotation,
 subject to variation in accordance with Clauses 2, 3, 4, 5, and 6.
 
“completion date” means the date the work is estimated to be completed. 

“person” includes a corporation, association, firm, Contractor,
    partnership or individual.

“quotation” means the attached document marked “Quote”.

“work” means the goods and materials supplied and services provided By the Contractor under the contract.
  
1.3 Headings are used as a matter of convenience only and shall not affect the interpretation of these conditions.
 

2.0 CONTRACT

2.1 Your signature below is an acceptance of the contract price and work to be performed as set out in the quotation and subject to these terms and conditions.

2.2 These terms and conditions together with the quotation form the contract in its entirety.
 

3.0 VARIATION

3.1 This contract may be varied by agreement between the parties subject to written confirmation of such variation by the Contractor.
 

4.0 PRICE

4.1 The price contained in the contract is based upon rates and costs of materials, transport, labour, customs duty, insurance and other rates and costs as at the date of the quotation given by the Contractor.

4.2 At the discretion of the Contractor, the price may be increased by the amount of any increase in the cost of any such items or any other factors between the date of the quotation and the date of delivery.
 

5.0 QUOTATION

5.1 Notwithstanding conditions 4.1 and 4.2, all quotations are valid for a maximum of 14 days after the date of the quotation, after which time a new quotation may be given by the Contractor to the Client on request.

5.2 The Contractor reserves the right to render the quotation null and void at any time before acceptance.

5.3 The quotation is made on the assumption that normal ground bearing conditions pertain. Any additional requirement of the Local Authority not shown on the plan or mentioned in the specification, if any, which results in further costs to the Contractor, shall give to the Contractor the right to charge the Client for further costs. The Client will be responsible for any Council fee for a road crossing consent. The Contractor shall not be liable to perform any instructions of the Client that may contravene the requirements of the Local Authority.

5.4 When site excavation by hand or machine has been allowed for in the quotation it has been assumed that the excavated material shall be of a soft or loose nature. No allowance has been made for excavating rock. Where rock is required to be excavated and disposed of then the additional cost of this work will be charged direct to the Client.


6.0 TAXES AND DUTIES

The Contract Price is exclusive of GST.
 

7.0 PAYMENT

7.1 Subject to any provision to the contrary in the contract, all payments for work performed is due (without deduction) within 7 days of the date the Contractor invoices the Client for the work (time being of the essence).

7.2 Any account unpaid after 14 Days will incur a finance charge of 2% per calendar month. If the account is not paid within 30 days after the due date the Contractor may advise a debt collection agent of the Client’s details. Any debt collection agent used by the Contractor is entitled to recover any additional costs involved in the collection of the amount owing from the Client. This clause is intended to be for the benefit of and enforceable by any debt collection agency used by the Contractor under the Contracts (Privacy) Act 1982.

7.3  Any additional payments due by the Client pursuant to any of the provisions
of the contract must be paid at the time provided for in the contract or, if no time is provided, within 7 days of the date the Contractor invoices the Client (time being of the essence).
 

8.0 SITE AND ACCESS

8.1 The Client must provide complete, free and easy access into the site at which the work is to be performed for the tools, machinery and materials required to complete the work and for the Contractor and the Contractor’s employees.   

8.2 If the Client fails or refuses or indicates to the Contractor that it will fail or refuse to allow access as set out in 8.1 above, then the work is deemed to have been completed when the Contractor was willing to perform it.

8.3 The work is to be performed and any materials delivered at the place indicated in the quotation, or if no place is indicated in the quotation, at the Client’s premises. 

8.4 The Contractor reserves the right to determine whether the site is ready for driveway installation and shall deem the site not to be ready if other contractors are working on the same site.

8.5 Please note that the Contractor is happy to assist with moving certain items on the site to prepare the site for the work, however, the Contractor reserves the right to charge for this service. While the Contractor will take all care in such removal, the parties agree that the Contractor shall not be liable for any damage, breakage or loss caused in moving the Client’s property. The Client shall be responsible for disconnecting, removing and reinstating all electrical, water and sewage services as appropriate and the Contractor shall not be liable for any damage caused to the same in completing the work or for upgrading or relocating any of the services which may become necessary.


9.0 COMPLETION

9.1 The Contractor will use its best endeavors to complete the work on or before the estimated completion date but time of completion shall not be of the essence.

9.2 The Contractor shall not be liable for failure or delay in completing the work due to any difficulty in obtaining suitable material, shortage of stocks, delays in transit, or other prohibitions, restrictions, weather conditions, hostilities or any other causes beyond the Contractors control.

9.3 If the supply or delivery of the materials is delayed by reason of or as a result of any act, omission, default or request by or on behalf of the Client, the Contractor may, without prejudice to its other rights and remedies, require payment by the Client of such portion of the contract price as represents the extent to which the Contractor has performed the contract up to the date such payment is required together with any expenses or additional costs incurred by the Contractor as a result of such delay.  In the event of such delay continuing beyond a reasonable time, the Contractor may, without prejudice to its other remedies, terminate the contract.


10.0 INSPECTION

10.1 The Client must inspect the work within 2 days of completion and inform the Contractor of any defects, otherwise the Client will be deemed to have accepted the work as complying to its order or the supply contract (if any) and the Contractor will be under no further liability to the Client.


11.0 LIQUIDATED DAMAGE CLAUSE

11.1 In respect of any defect, the Contractor’s liability to the Client is limited to repairing that defect.

11.2 Risk of any loss, damage or deterioration of or to the work is to be borne by the Client from the date the work starts.

11.3 In respect of any damage to the work done under this contract, the Contractor’s liability to the Client is limited to either replacing the damaged work or, (at its discretion and if the completed work is capable of repair), repairing them.

11.4 In the event of the works covered by this quotation being damaged or destroyed by any cause not the direct fault of the Contractor then any additional cost and expense incurred as a result of such damage or destruction shall be chargeable to the Client and shall be recoverable as moneys due under the contract.

11.5 The Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Contractor which cannot be excluded or modified.  In respect of any such implied warranties, conditions or terms imposed on the Contractor, the Contractor’s liability to the Client shall, where it is allowed, be excluded or if not able to be excluded only apply in respect of its services for the work, whether in contract, tort or otherwise, and shall be limited to the contract price.  The Contractor shall only be liable to the Client for direct loss or damage suffered by the Client as the result of a breach by the Contractor of its obligations under this Agreement and shall not be liable for any loss of profits or other consequential loss.

11.6 Except as provided in Clause 11 the Contractor accepts no liability for any such fault defect loss or damage arising directly or indirectly from any breach by the Contractor of the terms of the Contract or of the general law and in particular (but without limitation) the Contractor shall not be liable for other faults or defects in quality which shall therefore not be a grounds for the cancellation of the Contract or for the balance of the contract price by the Client.

11.7 The Contractor shall not be liable in any circumstances whatsoever, whether in contract, tort or otherwise, for delay, loss of production, loss of anticipated profits or revenue or contracts, loss of or damage to other property or for any other indirect or consequential loss or damage arising from any cause whatsoever.

11.8 The Contractor shall not be liable for failing to perform the contract whether wholly or in part if the failure is caused either wholly or in part by any circumstance outside the Contractor’s control, including but not limited to, the shortage of suitable materials, stocks, delays in transit or weather conditions.

11.9 If the Client wishes to rely upon any representation made by or on behalf of the Contractor but not expressly embodied in any tender, quotation or contract to which these Conditions apply, the Client shall give the Contractor written notice of such reliance before the Contractor incurs any obligation consequent upon such representation and the Client shall not otherwise be entitled to rely upon such representation unless the same is specifically agreed to in writing by the Contractor.

11.10 All property supplied to the Contractor by or on behalf of the Client shall while it is in the possession of the Contractor or in transit to or from the Client be deemed to be at the Client’s risk unless otherwise agreed in writing and the Client should insure accordingly.

11.11 The risk in the work shall pass to the Client on delivery but ownership shall not pass to the Client until the Client has discharged all outstanding indebtedness to the Contractor.

11.12 The Substrate is prone to movement and the Contractor cannot guarantee that concrete will not crack and accepts no responsibility for any such cracking or the repair or replacement thereof. Expansion cuts will be provided that will minimise the possibility of cracking.

11.13 The Contractor cannot guarantee the colour match of concrete that may be adjacent and /or laid on different days.