Plumb FX Limited Terms and Conditions of Trade

No one likes the small print….

While it might feel a bit time-consuming to read the fine print, we do believe it is the best way to manage expectations and avoid any surprises. Our terms of trade set out what we will deliver to you and what we expect from you. The last thing we want is a mismatch in understanding and a poor outcome for you, our valued customer.

We believe in providing great service and we take pride in our standards. The terms of trade below serve as the criteria for all of the work we carry out. These terms override any agreements made in person, over the telephone, or in any other communication.

When you ask Plumb FX Limited to carry out work on your behalf, you agree to uphold your obligations under these terms of trade.

If you have any questions please contact our office 03 689 1222 or email us at accounts@plumbfx.co.nz. If you are unhappy with the work we provide, or have any problems or comments, please let us know immediately. We will do our best to fix any problems right away. If you do not give us feedback or if you delay payment, it makes it difficult for us to put things right. We take pride in what we do and would love for you to use us again and tell your friends. You can be sure that we want you to get the outcome you are after, as much - if not more- than you do. If you need to get in touch, you can find all of our contact details here.

After Hours Call Out Fee
We define our normal hours of business from 8am-5.30pm, Monday to Friday. Work done outside of these hours is subject to an after hours call out fee.

Parking Permits/Paid Parking
If in the course of undertaking work for you, we are required to pay for parking or any other vehicle travel costs, these will be passed on to you.

Cancellations/Rescheduling Appointments
We are always happy to reschedule an appointment free of charge. A cancellation fee may apply to appointments that are not cancelled within 24 hours of your appointment.

Payments
Payment is due 7 days from the date the invoice is issued. Please let us know before work commences if you would prefer an invoice to be mailed to you, as our default communication is email.

The Customer has the option to pay by either bank transfer or credit card. All credit card payments will incur credit card processing fees (2.95% plus $0.30 per transaction).

GEM Visa payments over $250 are eligible for a six month interest free payment term. A $55 establishment fee applies, along with a $65 annual card fee. Interest rate 29.49% p.a. applies after interest free term ends. New customers must apply and be approved for a Gem Visa credit card. GEM Visa has specific lending criteria, fees, and terms and conditions that must be followed. The provided interest rate and fees are accurate as of the date of publication and may be subject to change.

Deposits
Some jobs will require a deposit before work commences. If a deposit invoice is sent and remains unpaid before the work commences, we reserve the right to halt work until payment is made. We also reserve the right to cancel the contract entirely, if payment is late or delayed.

Progress Invoices
Progress invoices are claims for work done on site, before the entire job is completed. This covers labour and materials for work done to date. The cost of materials and the amount of time spent on your job will dictate whether you will be sent progress invoices.

As part of our agreement, you accept to pay these progress invoices when they are due. You understand that you cannot withhold payment for any reason. If for any reason work has paused on your job, you can request an invoice to settle the account by calling the office. We reserve the right to stop work if progress payments have not been made.

Disputed Invoices
If you need to discuss any aspect of payment, please contact us immediately. If you are dissatisfied with the invoice, it is your responsibility to contact us immediately. You must issue a valid payment schedule (as per Constructions Contract Act 2002). Refer to our terms of trade below for further information.

Ownership of goods
Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. Plumb FX can withhold any goods at their discretion if payment has not been made in full.

Unpaid Accounts
If payment remains outstanding for over 20 days from the invoice due date a late fee may be added to your account at our discretion. We reserve the right to charge 5% compounding interest on a monthly basis for overdue accounts. Debt Collection costs may be added to invoices that remain outstanding for over 40 days from the due date.

Plumb FX Limited Terms of Trade

1. Application of Terms of Trade
1.1 These terms apply to all trade between the Customer and Plumb FX. These terms are effective upon acceptance of work to be undertaken or acceptance of a quote, or until these terms of trade are replaced by another document. Unless the context requires otherwise, the following definitions shall apply to these terms of trade.

2. Definitions : Unless the context requires otherwise, the following definitions shall apply to these terms of trade:
2.1 Plumb FX Limited means ‘The Company Limited’ and any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies. “Customer” means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer's trustees, executors (if an individual or successors), permitted assigns, and/or administrators.

2.2 “Goods” means the goods supplied to the Customer by Plumb FX Limited which are described by item or indicated on the invoice associated with those goods. This also includes any packing or delivery slip supplied by Plumb FX Limited in respect of the goods.

2.3 “PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.

2.4 “PPSR” means the Personal Property Securities Register under the PPSA.

2.5 “CCA” means the Construction Contracts Act 2002.

3. Payment
3.1 The Customer shall pay in full for the goods and services no later than the date specified on the Company's invoice. The Customer shall not have any right of set-off or deduction against the required payment or on account of any money which Plumb FX Limited may owe the Customer. If the Customer fails to pay the full amount due, on or before the due date, Plumb FX Limited (without prejudice to its other rights and remedies) shall be entitled to charge the Customer interest on the amount outstanding from due date until payment.

3.2 The price for the goods and services supplied by Plumb FX Limited shall become immediately payable, regardless of any other terms of payment, and Plumb FX Limited may take immediate action to recover the price. This includes if the Customer is in default under any agreement with Plumb FX Limited or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors' composition, or has its credit standing impaired in any way.

3.3 Plumb FX Limited reserves the right to invoke the Construction Contracts Act 2002 (CCA) in respect of any services pursuant to these terms to which the CCA may apply.

3.4 If an invoice is rendered in accordance with the payment claim provisions in the CCA, the Customer is to provide a payment schedule which complies with the requirements of the CCA to Plumb FX Limited within 5 Working Days of service of the payment claim. If a payment claim is not provided within this period, the Client is liable to pay the whole amount of the payment claim and cannot dispute any sum in that payment claim.

4. Withdrawal of Credit
4.1 Plumb FX Limited may at any time, in its sole discretion, withdraw the provision of credit to the Customer.

5. Delivery and Return
5.1 Delivery of goods shall be deemed to be made to the Customer when the goods are first dispatched from Plumb FX Limited premises or collected by the Customer or the Customer's agent. All carriers of goods are deemed to be agents of the Customer.

5.2 Plumb FX Limited may stop future deliveries until the Customer has paid for all previous supplies of goods or services supplied by Plumb FX Limited.

5.3 If Plumb FX Limited is unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event) Plumb FX Limited may suspend delivery or cancel the Customer's order without incurring any liability for loss or damage suffered by the Customer.

5.4 Goods will only be accepted for return with the prior approval of Plumb FX Limited. Freight and all other costs associated with the return of goods will be at the Customer's expense unless otherwise agreed in writing by Plumb FX Limited.

6. Risk
6.1 Goods are at the sole risk of the Customer upon delivery in accordance with clause 4.1 whether received by the Customer or not. This also includes a delay in delivery, even if ownership of the goods has not been passed on to the Customer.

6.2 The Customer shall at all times insure the goods and keep them insured for their full value against all causes including loss or damage by fire and theft. If the goods are lost, damaged or destroyed, the Customer must agree to make a claim against the insurance policy with respect to the lost, damaged or destroyed goods, and to immediately pay the proceeds received to Plumb FX Limited. The Customer will remain liable to The Company for any shortfall in the insurance proceeds.

6.3 The Customer is responsible for insuring the Work (and Plumb FX Limited may at any time require that proof of such insurance is provided).Plumb FX Limited will arrange public liability insurance up to $2,000,000 against liability for loss or damage to any property, or injury or death or illness which arises from carrying out the Work.

7. Ownership
7.1 Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. In addition, any proceeds of the sale of goods that has not paid for shall belong to The Company.

7.2 Notwithstanding the provisions of clause 6.1 regarding Plumb FX Limited ownership of any sale proceeds, until the ownership of the goods has passed on to the Customer, the Customer shall not be entitled to sell or deliver possession of the goods to any other person.

8. Enforcement and PPSA
8.1 The Customer irrevocably gives Plumb FX Limited and its agents the right to enter upon the Customer’s premises (including leased premises), without giving notice and without being in any way liable to the Customer, if Plumb FX Limited has cause to exercise any rights it has under section 109 of the PPSA.

8.2 The Customer indemnifies Plumb FX Limited for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes; but is not limited to, the cost of any debt collection procedures for which the customer may be liable for, on top of the outstanding debt.

8.3 The Customer waives its right under the PPSA to receive any verification statement from Plumb FX Limited.

8.4 The Customer shall immediately notify Plumb FX Limited in the event that the Customer changes its name.

9. Representations, Warranties, Terms and Conditions
9.1 To the maximum extent permitted by law, all representations, warranties, terms, and conditions (including any representation, warranty, term or condition expressed or implied by law or otherwise) that are not expressly included in these terms of trade are hereby excluded from the contractual arrangements between Plumb FX Limited and the Customer. Without limiting the generality of the foregoing, the provisions of the Consumer Guarantees Act shall not apply to the supply of goods or services by Plumb FX Limited to the Customer where the Customer acquires, or holds himself or herself out as acquiring, the goods or services for the purposes of a business.

9.2 If Plumb FX Limited shall be under any liability whatsoever to the Customer then whether such liability be in contract, tort (including negligence or for personal injury) or otherwise and notwithstanding any relief or remedy to which the Customer may be entitled at law or in equity, such liability shall be limited to the price at which the goods or services are supplied to the Customer. This includes the actual loss or damage suffered by the Customer, whichever shall be the lesser.

9.3 Under no circumstances will Plumb FX Limited be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.

10. Privacy
10.1 The Customer agrees that Plumb FX Limited may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of Plumb FX Limited business, including credit assessment and debt collecting. The Customer consents to any person providing Plumb FX Limited with such information.

10.2 The Customer agrees that Plumb FX Limited may use, for lawful purposes, any information it has about the Customer relating to the Customer's creditworthiness.

10.3 Without limiting the provisions of clauses 9.1 and 9.2, the Customer understands that:

a) Plumb FX Limited is asking the Customer for personal information about the Customer for the purpose of:
i. obtaining a credit report on the Customer to help assess the Customer’s creditworthiness for the purpose of Plumb FX Limited opening or reviewing a trading account for the Customer, and,
ii. registering the security interest created by clause 6.1 under the PPSA;

b) Plumb FX Limited will give the Customer’s personal information to:
i. a credit checking bureau of The Company’s choice and that bureau will hold that information on their system and use it to provide their credit reporting service, and
ii. the Registrar of Personal Property Securities and the Registrar will hold that information on the PPSR which will be available for searching by the public in accordance with the PPSA;

c) The credit reporting bureau will provide Plumb FX Limited with information about the Customer for the purposes outlined in clause 9.3(a)(i), and when other customers of the credit checking bureau use the credit reporting service the credit checking bureau may give the information to those customers too.

d) The Company may use the credit checking bureau’s credit reporting services in the future for purposes related to the provision of credit to the Customer (including personal credit checks against the Customer), and this may include the use of monitoring services to receive updates if any of the information held about the Customer changes.

e) If the Customer defaults in the Customer’s payment obligations to Plumb FX Limited, information about that default may be given to the credit reporting bureau and may be provided to other users of that service other than the Customer.

f) The Customer has a right of access to, and may request correction of, personal information held by Plumb FX Limited or a third party about the Customer. For those purposes, the Customer understands that he or she  may contact Plumb FX Limited at the address set out in the application for credit account to which these terms of trade relate, for information.

11. Amendment
Plumb FX Limited may amend these terms of trade from time to time. The Customer shall in respect of the supply of any particular goods or services by Plumb FX Limited to the Customer be bound by the terms of trade applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request at the office of Plumb FX Limited.

12. General
12.1 Unless expressly provided otherwise in any written agreement between Plumb FX Limited and the Customer, these terms of trade, and the application for credit account to which these terms of trade relate, constitute the entire agreement between Plumb FX Limited and the Customer relating to the supply of goods and services by Plumb FX Limited to the Customer.

12.2 Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect.

12.3 These terms of trade and the application for credit account to which these terms of trade relate shall be construed in accordance with and be governed by the laws of the Country you reside in. Plumb FX Limited and the Customer shall submit to the non-exclusive jurisdiction of the Courts in your Country.

Signing Terms of Trade
13.1 Signing these terms of trade is not required, unless stated by Plumb FX Limited. The Customer is responsible for ensuring all terms of trade are understood and Customer obligations must be met. The Customer is bound by all terms of trade if the Customer continues to act in a way that is consistent with the arrangement and discussions had with Plumb FX Limited in relation to the quote/cost estimate, and Plumb FX Limited have incurred time and expense in procuring materials or commenced any part of the Services or works for the Customer, of if the Customer has paid a Deposit.

Thanks for taking the time to read our Terms and Conditions of Trade.