1. Parties to and Definitions of this Agreement
1.1. “TRCCL” for the purposes of this agreement, shall mean The Roofing Company Canterbury Limited, any person or entity acting for
or on behalf of The Roofing Company Canterbury Limited or with the permission or authority of The Roofing Company Canterbury
Limited.
1.2. “Client” shall mean the Client, any person or entity acting for or on behalf of the Client or with the permission or authority of the
Client as detailed on any quotation, estimate, Engagement Agreement or notation as provided by The Roofing Company
Canterbury Limited to the Client.
1.3. “Guarantor” shall mean any person (or persons), or entity, who agrees to be held liable for the debts incurred by the Client in the
course of business between the Client and The Roofing Company Canterbury Limited on a principal debtor basis.
1.4. “Services” shall mean all services supplied by The Roofing Company Canterbury Limited to the Client and includes any
recommendations, consultancy advice or product/material purchases on behalf of The Client.
1.5. “Price” shall mean the price payable for services, supplies or other equipment as agreed between The Roofing Company
Canterbury and the Client in accordance with clause 5 of this contract.
2. Services
2.1. The Services provided shall be described on our invoices, quotation, and/or Engagement Agreement, or any other such
documentation as provided by TRCCL to the Client.
3. Service & Conduct
3.1. Where TRCCL performs work for you, it will ensure that competent and suitably experienced personnel carry out all work, in a
professional manner and in accordance with appropriate standards.
3.2. Suitable scaffolding/edge protection is to be provided by the client unless specified as supplied in the relevant quotation
documentation
a) If edge protection is not up to the required standard or our staff deem it unsafe you may be charged for time on site while this is
rectified.
3.3. As per the MBIE, Best Practice Guidelines For Working On Roof June 2012, TRCCL require, where the parapet is less than 900mm
high or with no parapet, that either approved safety mesh/safety nets or similar or purlins/battens at a maximum of 450 centres are to
be installed to the entire work area.
3.4. Variations to the plans supplied will be charged as extra. Any variations/deductions being claimed by the client must be agreed
and put in writing to TRCCL.
3.5. All old roofing Iron/cladding/copper removed belong to TRCCL unless agreed prior to removal.
3.6. Unless specified, it is assumed coloured product prices are for standard colours available as stock.
3.7. All materials remain the property of TRCCL until pay for in full.
3.8. Any cost in the removal or recovery of material not paid for will be passed on to the client.
3.9. No allowance for any unforeseen work required in addition to our normal scope of work.
3.10. While due care will be taken during re-roofing, no guarantee of water tightness or other damage (dust/ceiling movement etc.)
can be guaranteed during reroofing. It is advised that you inform your insurers of this work.
3.11. While TRCCL will make every endeavor to ensure a fully professional approach to all work carried out, TRCCL shall not be liable
for any consequences of the provision of services to you, except for consequences arising as a direct result of the proven negligence
on the part of TRCCL.
4. Acceptance:
4.1. These Standard Terms of Engagement apply in respect to all work carried out by TRCCL.
4.2. Any engagement of TRCCL’s Services shall constitute acceptance of these Terms and Conditions of TRCCL by the Client.
4.3. The terms and conditions of this agreement can only be amended with the written consent of TRCCL and shall be binding on the
Client.
4.4. In the event that the Client proposes any change to the structure of the Clients business, a change in Shareholding, Name,
Directors, Premises, postal address, registered office or Sale of the business the Client shall give no less than fourteen (14) days written
notice of the proposed change or changes. If any loss is incurred by TRCCL the Client shall be liable for any loss suffered by TRCCL
due to the Client not complying with this provision.
5. Prices:
5.1. The pricing shall be as per TRCCL’s current price list, unless there has been a variation or an individualised agreement made in
writing following acceptance of quotation.
5.2. All quotations for jobs are valid for 30 days from the date of the quote and can be withdrawn at any time.
a) Quotations are for the supply and installation of Dimond Roofing profiles.
a) Quotations do not cover the cost of replacing any substandard truss timbers should there be any.
b) Quotations do not cover any straightening of the existing roof line, unless specified
c) Quotations do not cover the cost of power disconnect if required, unless specified.
d) Quotations do not include the re-alignment of sky TV or a satellite dish, this will have to be done by an external technician or
service provider
e) No allowance for any material replacement or labour required to remove or replace wall cladding where the wall meets the roof.
f) All quotations are covered by the Construction Contracts Act 2002 and any subsequent amendments
5.3. If the Client’s instructions change then any further expense or cost shall be in addition to the quoted price
5.4. Prices are subject to change due to technological advances and other various reasons. Any price increased made by our supply
manufactures after acceptance of this Terms and Conditions may be passed on.
5.5. Unless otherwise expressly stated, the prices in all quotations are exclusive of GST.
6. Invoices:
6.1. Prior to the ordering any materials a deposit is of 50% is required.
6.2. Payment in full & payment on progress claims must be made seven (7) days after invoiced unless other terms have previously
been agreed in writing.
6.3. A final invoice will be forwarded to you on completion of each job. Payment is due within seven (7) days from the date of the
invoice unless advised otherwise on the invoice.
7. Payment Terms
7.1. As in Clause 6.3 above, all invoices shall be paid no later than seven days of the invoice date unless by prior arrangement.
7.2. Payment shall not be deemed to have been received unless the payment is made in cash or cleared funds are deposited in
TRCCL’s nominated account. Any other form of payment will not be receipted as paid until the transaction is deemed to be honored.
7.3. GST and other taxes and duties that may apply will be added to the price unless they are expressly included in the Price
8. Credit Checks:
8.1. TRCCL may undertake credit checks with credit agencies if deemed necessary.
9. Non Payment:
9.1. If the account is overdue, TRCCL can refuse to provide or continue the service and charge interest on the overdue amount at the
rate of 2% per calendar month calculated from the date of the invoice to full and final payment.
9.2. If the Client payment remains overdue, TRCCL may refer the amount owing to a debt collection agency and all costs of recovery
and enforcement shall be at your expense in addition to the amount owing.
9.3. The Client is liable for any costs and expenses TRCCL incurs to enforce its rights under these terms of trade.
10. Liability:
10.1. Liability of TRCCL for any breach of any service, term or condition will be limited to the cost of having the service performed
again.
10.2. Under no circumstances will TRCCL be liable to the Client for any consequential, indirect, special, incidental or punitive
damages (including but not limited to loss of wages, loss of profit, loss of revenue or production, production stoppage, or Employment
Court or other related costs or settlements), regardless of the form of action, whether in an agreement, tort or otherwise.
11. Right of Cancellation
11.1. TRCCL may cancel any contract to which these Terms and Conditions apply or cancel the delivery of materials products or
goods or service at any time before the materials, products or goods and the like are delivered by giving written notice to the Client.
TRCCL shall not be liable for any damages or losses arising from such cancellation.
11.2. Should the Client cancel any contract with TRCCL the Client shall be liable for any loss incurred by TRCCL (including but not
limited to loss of profits) up to the time of Cancellation.
12. Privacy Act 1993
12.1. The Client and the Guarantor/s (if separate to the Client) authorises TRCCL to:
a) collect, use and retain any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing
products and services to the Client; and
b) disclose information about the Client, whether collected by TRCCL from the Client directly or obtained by TRCCL from any other
party, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt
collection or notifying a default by the Client.
12.2. Where the Client and/or Guarantors are an individual the authorities under clause 13.1 are authorities or consents for the
purposes of the Privacy Act 1993.
a) The Client and/or Guarantors shall have the right to TRCCL for a copy of the information about the Client and/or Guarantors
retained by TRCCL, and the right to request TRCCL to correct any incorrect information about the Client and/or Guarantors held by
TRCCL.
13. Dispute Resolution
13.1. All disputes and differences between the Client and TRCCL concerning this agreement shall be referred to arbitration under a
single arbitrator agreed upon by both parties, or failing agreement, by two arbitrators (one to be appointed by each party) and their
umpire (appointed by them prior to arbitration), such arbitration to be carried out in accordance with provisions of the Arbitration Act
1996
14. General:
14.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the existence, validity legality and
enforceability of the remaining provisions shall not be prejudiced, affected or impaired.
14.2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are
subject to the jurisdiction of the courts of New Zealand or as otherwise directed by the Court.
14.3. TRCCL shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by
the Client arising out of a breach by TRCCL of these terms and conditions.
14.4. In the event of any breach of this contract by TRCCL the remedies of the Client shall be limited to damages which under no
circumstances shall exceed the contract price for Services provided and limited to the amount of monies paid to TRCCL by the Client
in part or full whichever is the lesser amount.
14.5. The Client shall not be entitled to set off against or deduct from the price any sums owed or claimed to be owed to the Client by
TRCCL.
14.6. TRCCL may license or sub-contract all or any part of their rights and obligations without the Client’s consent.
14.7. TRCCL reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any
change to these terms and conditions, then that change will take effect from the date on which they are published on the TRCCL
website.
14.8. Neither party shall be liable for any default due to any act of God, war, terrorism, fire, flood, drought, storm or other event
beyond the reasonable control of either party.
14.9. The failure by TRCCL to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor
shall it affect TRCCL right to subsequently enforce that provision.
15. Insurance:
15.1. TRCCL has both Public Liability and Professional Indemnity Insurances