Terms of Trade
1. What is the purpose of this agreement?
1.1 This agreement sets out the terms that apply to the relationship between you and your agent(s) and/or principal(s) (“you” and “your”) and Just Hardwood Floors Limited and our agent(s) (“we”, “us” and “our”).
2. What information about you can we collect?
2.1 You agree to provide us with and allow us to use all information necessary to give effect to this agreement, the provision of our products and performance of our services.
2.2 Unless your consent is withdrawn in writing, you agree to the disclosure of information:
- – to give effect to the provision of our products and performance of our services;
- – to enforce our obligations under this agreement or an additional agreement;
- – when authorised by you or required by law;
- – to assess credit worthiness; and
- – to market any of our products and services.
2.3 We will comply with the Privacy Act 1993. We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information.
You may access your information and ask us to correct any mistakes.
3. What are our products and services?
3.1 “Product(s)” and “service(s)” means and includes without limitation:
- – hardwood timber, engineered timber flooring and laminate flooring, applications and materials (whether separate, attached to something or the subject of our services);
- – sales, design, manufacture, cutting, fitting, supply, labour, delivery and installation; and
- – agency fees, charges and out of pocket expenses incurred by us, identified in any document or electronic record issued by either party, all of which are deemed to be incorporated into and form part of this agreement, or identifiable as ours by marking or a manner of storage.
4. What is the price?
4.1 The price is the cost of the products and services as agreed between you and us from time to time subject to GST, installation and out of pocket expenses such as freight (unless otherwise stated). If no price is stated, the price will be the standard amount at which we provide the products and services at the time of your request. The price is subject to reasonable change due to variations to the products and services to be provided or circumstances beyond our control such as exchange rate fluctuations.
5. What happens when we give you a quote?
5.1 If we give you a quote for products and services:
- – the quote will be valid for one (1) month from the date of issue, unless stated otherwise;
- – the quote will be exclusive of GST, unless stated otherwise;
- – you will be responsible for increased costs resulting from any subsequent changes to the quote due to any inadequate or inaccurate information, request/requirement for additional products and services or variations;
- – we may withdraw the quote at any time prior to your acceptance of the same; and
- – we may alter the quote due to circumstances beyond our control or clerical or computer error; and
- – the quote will be subject to the ‘limitations of work described’ attached to the same.
6. When and how do you pay us?
6.1 Payment is due seven (7) working days following the date of our invoices which shall be issued as payment claims (“the Due Date”).
6.2 Payment schedules are due within five (5) working days of the date of our payment claim, they must comply with the Construction Contracts Act 2002 and may only be issued to us by email to nicole@jhf.co.nz, failing which they shall be deemed to be invalid. You agree that we may render invoices as payment claims pursuant to the Construction Contracts Act 2002 by way of email.
6.3 If you do not make payment on the Due Date, you shall be liable to pay:
6.4 Default interest at the rate of 2% per month, which shall accrue on a daily basis on the total amount outstanding from the Due Date to the date of payment in full; and
6.5 Any legal costs on a solicitor/client basis that we incur incidental to the enforcement or attempted enforcement of our rights, remedies and powers under this agreement.
6.6 You agree that we may issue payment claims on substantial completion of any stages identified in our quotation. You acknowledge that ‘substantial completion’ means when the item of work or stage is 95% completed and that you are not entitled to withhold any retention, whether for contingent defects or otherwise.
6.7 If our quotation is not signed then you will be deemed by your conduct to have accepted the terms of this agreement if you ask us verbally or in writing to commence works at your property and/or you pay the required deposit.
7. What warranties and limitations apply?
7.1 Manufacturers’ and third party warranties (where applicable).
7.2 If we are installing a solid timber floor or timber veneer floor with timber that we have provided, we offer a 5 year guarantee for residential properties. If we are installing a timber floor you have provided, our workmanship in relation to the installation is limited to twelve (12) months. These warranties to do not apply to fair wear and tear and products must have been used in accordance with the manufacturer’s/our instructions and not been subject to abuse, neglect, misuse, accident or work by a unauthorised third party.
7.3 Samples shown to you may differ from products provided to you.
7.4 If you are in trade and/or are a business, you agree that the parties contract out of the Fair Trading Act 1986 and Consumer Guarantees Act 1993 to the extent permissible by law.
7.5 We are not liable for delay or failure to perform our obligations if the cause is beyond our reasonable control such as importation delays.
7.6 If we cause damage to your property, this will be addressed in accordance with our ‘quotation/payment terms and conditions’.
7.7 Subject to applicable insurance and 7.1-7.6, if we are deemed liable for loss or damage of any kind, however arising including from provision of products and services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract tort or otherwise, our total liability is limited to the value of products and services provided to you.
8. What if you wish to make a claim in relation to our products and services?
8.1 Indent order and custom made or custom coated products cannot be returned unless due to incorrect supply or fault/defect.
8.2 Subject to 8.1, claims in relation to our products and services are subject to the following:
- – for claims relating to faulty/defective products and services, you notifying us within the applicable warranty period;
- – for claims not relating to fault/defective products such as short or incorrect supply, you notifying us
within seventy-two (72) hours of pick up/delivery; - – the products having been used in accordance with the manufacturer’s/our instructions and not having been subject to abuse, neglect, misuse, accident or work by a unauthorised third party;
- – us repairing or replacing any defective products or performing further services at our discretion; and
- – a restocking fee of 15% of the value of returned products will apply.
8.3 Any products the subject of a claim under 8.2 cannot be destroyed or removed from the premises until we have inspected the same or waived our right to do so in writing.
9. When will the products and services be provided?
9.1 We are responsible for the products until delivery in accordance with 9.2, pick up by you or the passing of ownership under 11.1, whichever comes first.
9.2 Delivery is complete when we give the products to you, give the products to a third party carrier, or leave the products at the delivery site or your premises and if you fail to accept delivery then the products will be deemed to be delivered when we were willing and able to deliver them. The time of delivery is not an essentialterm of this agreement – many variables affect delivery and progress on site. We may partially deliver products listed in one order. If the parties agree on delivery by instalments and we fail to deliver an instalment, the failure will not give rise to a right of cancellation.
10. For what are you responsible?
10.1 You are responsible for ensuring that all:
- – sites subject to our products and services comply with all relevant health and safety requirements;
- – necessary resource consents from relevant local authorities have been obtained and you have informed us of any relevant information contained within the same;
- – plans and drawings on which we base our products and/or services are accurate and complete. We are not liable for variations and additions to our products and services where such is the result of inaccuracyor incompleteness and you will be responsible for the cost of additional products and services required to remedy any issues;
- – utility services, underground services, cables, mains, pipes, drains and inputs are identified, marked and easily visible prior to our services commencing;
- – sites are adequately secured to protect our products and equipment; and
- – sites subject to our products and services have a proper means of access.
10.2 If you do not meet your obligations under 10.1, any and all loss or damage will be your sole responsibility.
11. What ownership and security rights do we have?
11.1 We retain ownership of and hold a security interest in all products until you have paid us in full for all products and services provided to you. While we retain ownership, you will store all products in such a way that our interests are protected and they can be identified as provided by us.
11.2 You agree that we hold security interest in all of your present and after acquired property connected with products and services provided to you, and:
- – authorise us to register a financing statement and charge on the Personal Property Securities Register, and provide all information and signatures necessary to effect the same;
- – will not register a financing charge or statement or charge demand in respect of products without our prior written consent;
- – waive your entitlement under s 148 of the Personal Property Securities Act 1999 (PPSA) to receive a copy of a verification statement where we have registered our interest;
- – that both parties contract out of s 114(1)(a), 133 and 134 of the PPSA;
- – waive your rights as listed under s 107(2) of the PPSA; and
- – give us seven (7) days prior written notice of any proposed change in your name or details such as contact information.
11.3 You agree that your failure to pay for the products and services by the due date gives rise to a legal or equitable estate or interest in your land on which the products and services were carried out and affixed and that the interest entitles us to register a caveat against your land.
11.4 Where applicable, we own the intellectual property rights connected to our products and services.
12. What if you want to cancel or vary an order?
12.1 All orders are subject to these terms and conditions. No order may be cancelled or varied unless both parties agree in writing before our services have commenced. Cancellations within seven (7) days prior to commencement of our services will incur a restocking fee equal to 15% of the value of the cancelled products and services.
12.2 Where a variation or cancellation is agreed under 12.1, if we have reasonably relied on your original instructions then you may be responsible for payment of the original price of the products and services.
13. When can a party cancel this agreement?
13.1 Subject to 13.2-13.5, either party may cancel this agreement at any time by giving fourteen (14) days prior written notice.
13.2 We have the right by seven (7) days prior written notice to suspend or cancel wholly or in part this or any agreement for the provision of products and services and/or close your credit account, if you default by:
- – failing to pay or indicating you will not pay any sum owing by the due date;
- – any of your creditors seizing or indicating they will seize any products provided to you;
- – products in your possession becoming materially damaged while any amount remains unpaid;
- – being bankrupted, insolvent, under statutory management or put into liquidation;
- – a receiver being appointed over or a landlord possessing any of your assets;
- – a court judgment entered against you remaining unsatisfied for seven (7) days;
- – breaching the terms of this agreement; and
- – an adverse material change in your financial position.
13.3 If you default we may exercise a lien against any products in our possession.
13.4 You agree that if you default and the default is not remedied within seven (7) days, we may enter any premises occupied by you to inspect or retrieve any products. You will provide reasonable access to such premises and do all things necessary to give effect to our obligations. We may re-sell any products and credit the net sale proceeds to your account for the invoice value less adjustment for the condition of the products.
13.5 Cancellation under 13.1 or cancellation or suspension under 13.2 will not affect either party’s claim for any amount due at the time of cancellation or suspension, damages for any breach of obligations under this agreement and any other legal rights either party may have. Upon cancellation of this agreement any amount owed by you for products and services provided up to and including the date of cancellation will become immediately payable and current orders will terminate.
14. Does a personal guarantee apply?
14.1 If you are a director of a company or the trustee of a trust:
- – in exchange for us agreeing to supply products and services and/or grant credit to the company or the trust, you also sign this agreement in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment and/or default; and
- – any personal liability of you as director or trustee will not exclude the company or trust from the liabilities and obligations contained in this agreement.
14.2 A guarantee provided under 14.1 will continue to apply notwithstanding changes to these terms of trade in accordance with 15.8 and/or prior dealings.
15. What else is agreed?
15.1 We may outsource (contract out) part of the work required to perform our services, you agree to pay for all amounts due in connection with the same.
15.2 A failure by either party to enforce any of the terms of this agreement will not be deemed to be a waiver of any of the rights or obligations under this agreement.
15.3 Neither party may assign or transfer their rights or obligations under this agreement to any other party without our prior written consent.
15.4 If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.
15.5 This agreement supersedes all prior agreements, representations and warranties. Any instructions we receive from you and all arrangements between the parties are subject to these terms. These terms are read in conjunction with our ‘quotation/payment terms and conditions’, ‘limitations of work described and possible extra costs’, ‘what you should expect from your flooring work’ and ‘acceptance of quote and guarantee of payment by client’; in the event of inconsistency between these terms of trade and those ancillary documents,
these terms of trade prevail.
15.6 If a dispute arises between the parties either party must notify the other in writing within seven (7) days of the dispute arising. The parties will endeavour to resolve the dispute by negotiation within seven (7) days of receiving notice. If the parties cannot resolve the dispute then each party will have the right to refer the dispute for mediation or arbitration at any time. The arbitration will be undertaken in accordance with the Arbitration Act 1996. The presence of a dispute will not affect either party’s claim for any amount due, damages for any breach of obligations under this agreement and other legal rights either party may have.
15.7 Documentation related to this agreement may be served on you by email.
15.8 We will notify you of any changes to these terms and publish the same on our website – continued provision of products and services will be subject to your signed or written acceptance of the same. All other variations must be mutually agreed in writing.
Quotation / Payment Terms and Conditions
- The Acceptance & Guarantee of Payment needs to be completed in full and returned with the Deposit prior to confirmation of any work and order of any materials.
This job can not be confirmed until we receive the completed acceptance form. - Deposit payments are required prior to our ordering of materials (materials will be ordered at least 3 weeks prior
to commencement of work). Once the deposit is received the best available materials will be ordered to meet your
timeframe. - Payment of progress claims is required within 7 days of issue of invoice. Progress payments are payable after
the installation of the flooring OR if the job is of longer than 1 month duration - Payment in full is required on completion of work. Please do not be offended if we request a cheque for final
payment when we arrive on site to undertake finishing work such as siliconing. - Accounts outstanding after 7 days will be considered OVERDUE. If you have an issue which causes you to hold
back any or all outstanding funds we need to be advised before that account becomes overdue. - A debt collection agency will be used to follow up outstanding accounts and collection costs will be added to
the overdue account. - If in the course of our work we cause damage to property and its agreed by all parties involved that this damage has
resulted from negligence, we undertake to make good that damage BUT, we MUST be given the opportunity to rectify
the situation ourselves or, use our suppliers to rectify the situation. Claims for repairs or deductions against our
invoices are not to be made without our prior authorisation. Deductions made without our prior authorisation will
be followed up and collectable (along with collection costs) by our debt collection agency. - Any claim for damage to property MUST be made to the office within 5 working days of supposed damage
occurring. Claims will not be accepted if they fall outside this period. - PLEASE NOTE that the following documents are enclosed within this quotation and form of it:
- WHAT SHOULD YOU EXPECT FROM YOUR FLOORING WORK
- LIMITATIONS OF WORK DESCRIBED & POSSIBLE EXTRA COSTS
- QUOTATION / PAYMENT TERMS AND CONDITIONS
- TERMS & CONDITIONS OF TRADE
Your acceptance of this quotation acknowledges and accepts these various terms & limitations.
- This quotation is valid for 1 month from date of issue (see date, section 1 of this page)
Limitations of Work Described & Possible Extra Costs
Job Description
The work to be undertaken is limited to the exact work described in this quotation. This job description will be repeated in the deposit invoice generated upon acceptance of quotation.
Site Measurement
Where quoting from a set of plans, a site measurement will be required prior to confirmation of the quoted price.
Timber
Where supply of timber is included in this quotation, the raw timber price is subject to change without notice before the quotation expires. Any increase will be advised to the client prior to our ordering of materials.
When laying a floor with timber supplied by the client, we will take no responsibility for the quality of that timber but we are happy to offer our advice. Our Warranty will exclude responsibility for any problems resulting from defects in or poor quality, machining or preparation of that timber, eg. movement from shrinkage or poor profile.
Timber
Where supply of timber is included in this quotation, the raw timber price is subject to change without notice before the quotation expires. Any increase will be advised to the client prior to our ordering of materials.
When laying a floor with timber supplied by the client, we will take no responsibility for the quality of that timber but we are happy to offer our advice. Our Warranty will exclude responsibility for any problems resulting from defects in or poor quality, machining or preparation of that timber, eg. movement from shrinkage or poor profile.
Subfloor
Unless otherwise specified, your quotation is based on the subfloor being sufficiently level for a good timber flooring installation. Additional costs will be incurred if the floor is out of level or needs levelling. We will advise you prior to undertaking levelling work. When laying timber over concrete, if the option for VBS moisture barrier is not accepted and the moisture barrier not applied, our Warranty will exclude responsibility for any defects relating to moisture migration from the concrete slab.
Existing Floor Uplifts
When uplifting and removing old floor coverings (especially timber) damage can occur to walls, skirtings and cabinetry. We will take all care in removal but the strength of the original fixing system is outside our control. Stronger systems require more pressure to uplift, resulting in a higher chance of damage. Any damage will need to be repaired at owners expense.
Electricity Supply
Your quotation is based on a minimum 20A domestic electric supply being available in the work area. The cost of an urgent Electrician and a charge for additional time will be chargeable where a reliable supply is not provided.
Cleaning
THERE WILL BE DUST - We recommend Green Acres or Mr Green if you wish to use a contractor for fine cleaning.
Skirting Boards / Kick Panels / Joinery
Unless otherwise specified, your quotation is based on a skirting ultimately being fitted to all wall/floor thresholds but with the floor being installed and finished with skirting boards and kitchen kickpanels NOT in place. In an existing home to avoid extra charges, the skirtings and kickpanels should be removed prior to our arrival and refitted once we’ve completed the installation or sanding and coating.
In new homes or major renovations, we recommend sanding and coating be undertaken before skirtings have the final coat of paint as the sanding process may result in some small marks to skirtings which will easily be hidden by paint. Additional costs will be incurred if an alternative edge detail is required (i.e. undercutting or silicone edging).
Sanding Marks & Damage to Property
We will take all care but cannot guarantee skirtings, kickpanels, joinery and other fixed property will not be marked. We take no responsibility for such damage unless a staff member or subcontractor has been negligent in their duty to respect the clients property. In general any damage will need to be repaired at the owners expense.
Plumbing & Electrical Work
Dishwashers, toilets, plumbed fridges, ovens, etc. need to be removed from areas we will be working in prior to our arrival on site. If this is not done prior to our arrival, charges will apply for additional time and for the cost of an urgent Plumber and/or Electrician to undertake this work.
Furnishings
All furniture needs to be removed from areas we will be working in prior to our arrival on site, and, furnishings, etc. in adjacent areas should be covered to keep dust to a minimum. If we are requested to remove furniture, no responsibility will be taken for damage to any property and a charge for additional time will apply.
Accommodation
It’s recommended you reside offsite for the duration of the flooring work, particularly if we are working in bathrooms, toilets and kitchens as our work will limit your access to these rooms. Alternative accommodation will definitely be required whilst VBS waterproofing and while polyurethane coats are being applied.
Job Timing
Should you wish to make changes to the job programme we cannot guarantee to undertake the work to meet your new timeframe. If work is unable to commence as scheduled it will move to our next available gap, often 2 – 4 weeks out.
Finished/Painted Walls
We will take all possible care when working in areas with finished/painted walls but we cannot guarantee there will be no damage and unless unusual circumstances apply, we will not be held responsible for the cost to repair. Ideally our installation should occur just after the gib-stopping stage. If you are having walls painted it is highly recommended you mask and protect the flooring from paint and other trades.
New / Amended Job Instructions
Instructions regarding specific detail or change of detail need to be made in writing and faxed or emailed to our office (fax 09 579-0194) sales@jhf.co.nz and a variation may apply if these instructions result in additional work / materials being required. Instructions should not be given to staff on site and we will not be held responsible for any problems resulting from instructions given through incorrect communication channels. Additional charges will be passed on.
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