Hills Cleaning Service Ltd Terms of Trade
General
- In these terms of trade the “Company” means Hills Cleaning Service Ltd.
- The “Customer” means the purchaser of goods and services.
- Any Goods or Services supplied or completed by the Company for the Customer will be supplied on these terms and conditions.
- Any purchases made by the Customer will be deemed to comply with these terms and conditions.
Price
- The Company’s prices are exclusive of Goods and Services Tax unless otherwise stated, and the Customer is required to pay GST in addition to the price.
- The Company’s prices are subject to alteration without notice and the price payable by the Customer for the goods and services ordered shall be the price current at the date the goods and services are received by the Customer.
- A vehicle/service charge will be added to all invoices produced by the Company, unless otherwise agreed. This charge covers costs associated with the Company’s vehicle fleet including but not limited to; fuel, road user charges, and general warranty and maintenance costs.
- Labour costs include any time spent travelling to and from the Depot to the Customer, including any time taken to procure any materials and goods required for the job. Labour costs also include administration in relation to the job.
Payment
- Payment terms will be stated on each invoice. Accounts are strictly to be paid in full on the 20th of the month following the date of invoice.
- The Company reserves the right to request payment for any goods and services prior to commencement of works.
- If full payment for any goods and/or services is not made to the Company by the due date for payment, then the Customer shall be in default and the Customer shall at the Company’s discretion (and without affecting any other right the Company may have), pay default penalty interest of 5% per month on any amount outstanding to the Company.
- The Customer shall also be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the Company obtaining or attempting to obtain a remedy for the failure to pay.
- During any period of time while the Customer is in default on any account with the Company, the Company may suspend or withhold the provision of goods and services.
- Any overdue account can be forwarded to a debt collection company such information will be loaded on their database and that information may be provided to a third party such as but not limited to credit reference companies who may provide credit default information to other parties
Credit
- The Company reserves the right to refuse credit.
Orders
- The issue of an order from the Customer constitutes acceptance by the Customer of these terms, even if the contrary is stated in the Customer’s orders or correspondence.
Suspension, Cancellation or Alteration
- If the Customer requests suspension or cancellation of the work or supply of goods, the Company may increase the agreed price to cover any resulting extra expense should this apply or out of pocket expenses.
- Two weeks written notice is to be given by the Customer to the Company in the event of suspending or cancelling contracted regular services. The Company will give the Customer two weeks written notice of the intention to cancel contracted services; however immediate suspension or cancellation of a contract by the Company may result if default of payment for goods and services by the Customer occurs.
- In the event of cancellation of contracted services by the Customer, which will result in a loss of employment for a Company employee who regularly undertakes the contracted service for the Customer, the Customer will follow Employment Relations Amendment Act 2006 regarding “Vulnerable Workers” which relates to employees providing cleaning services.
- Where the Customer requires a change in services by the Company, they will contact the Company Office directly with reasonable notice so that the Company may arrange changes as required with the Company employees, alteration to services required is not to be made with the Company employees directly by the Customer. The Company reserves the right to recover costs relating to changes, including but not limited to staff wages of affected employees.
Disputes
- In the event that any part of an invoice is disputed the amount not in dispute will be paid promptly in accordance with the payment terms. Thereafter, the parties agree to use their best endeavours to promptly resolve any dispute of difference between them and the Company may, at its discretion, require the Customer to submit to mediation with the assistance of a qualified mediator.
- The Customer must advise the Company of any dispute relating to their invoice within 7 days of receiving the invoice.
Quoted Work
- Quotations are valid for 30 days from the date of quotation unless otherwise stated.
- Prices current at the date of quote are subject to alteration after 30 days or in the event of supplier price variation.
- Quotations exclude Goods and Services Tax, unless otherwise stated.
- Any quotes provided by the Company for the Customer are based on the cost at quotation date of materials, labour, rates of exchange, insurance, freight, duty, taxes and other cost items over which the Company has no control. Any increase in price caused by these factors will be added to the price and become payable by the Customer unless the Company has agreed in writing to waive this provision.
- Any quotes issued by the Company affected by any price variations may require a price review, and increases caused by these variations may be passed on to the Customer.
- To avoid such price increases the Customer may be asked to purchase materials in advance to obtain quoted rates prior to price increase.
- Any materials purchased will be charged to the Customer at the end of the month of purchase and payment shall be due as per the payment terms stated above.
- Quotations are inclusive of travel time and travel costs.
- All goods and services are subject to supplier availability and supplier price variation. If there is a substantial change, this will necessitate a price review.
Property
- Ownership of the goods shall remain with the Company until payment in full has been received for them.
- Until payment is made for the goods, the Customer shall hold the goods as bailee for the Company.
- The Company shall have the right at any time after payment is due, and not made, to enter premises occupied by the Customer and take possession of any goods. The Customer indemnifies the Company for all costs and expenses which the Company may incur in effecting recovery of possession and removal.
- If the Customer shall cease trading, be placed in receivership or liquidation, become bankrupt or permit the Customers goods to be taken in execution, or compound or make an arrangement with the Customers creditors then, in addition to, and without prejudice to, any other rights or remedies the Company might have, the following shall occur:
- All unpaid accounts in respect to the goods and services supplied by the Customer shall become immediately due and payable, and
- The provisions relating to the Company’s right of entry, repossession and recovery of goods shall apply.
- This retention of title clause creates a purchase money security interest under the Personal Property Securities Act 1999 (“the Act”) on all goods sold by the Company to the Customers. The security interest extends to proceeds of sale of the goods and to any product into which the goods are incorporated or co-mingled.
- Where property of the Company is stored at the Customer site for use, it is only for the use of the Company employees, any cost for consequential damage / loss to the Company property resulting from use by sub contractors of or by the Customer will be the responsibility of the Customer.
Health and Safety
- Any sub-contractors contracted to the Company are required to comply with the Companies Health and Safety Policy. This is available for review at the Company’s Head Office at 183 Bridge Street, Nelson.
Force Majeure
- The Company will not be liable for failure to meet its obligations if the failure is brought about by a force majeure circumstance (i.e. any circumstances outside the Company’s control).
Limitation of Liability
- The Company’s liability for any loss (including consequential loss & loss of profits), damage or expense arising out of the services provided is limited at the Company’s option, to either:
- re-do any part of the work which the Customer is entitled to reject; or
- refund the price of the work which the Customer is entitled to reject.
- The Company will not be liable in any event if:
- the work has been altered or repaired by any person other than the Company.
- In any event, the Company will not be liable in respect of any claim unless the claim is notified to the Company within:
- 14 days of completion of the work; and
- 7 days of the alleged defect becoming apparent; and
- the Company is given a reasonable opportunity to investigate the claim.