Terms of Use

 
 

Your quote must be accepted in writing and sent to us via post or email before any work can commence.

Definitions

  • The ‘Company’ means ‘Auckland Roofing & Construction Ltd’ trading as S E Mills Ltd.

  • The ‘Client’ means the person, company or any person acting on the behalf of and with the authority of the client once our quote has been accepted.

  • The ‘Works’ mean the works as described on our quote.

  • The ‘Site Address’ means the location of the works to be carried out.

  • The ‘Materials’ means all roofing materials supplied by the Company to the Client.

  • The ‘Services’ means all services supplied by the Company to the Client and includes any advice and/or recommendations.

  • The ‘Contract’ means acceptance of the Company quote and agreement of these Terms and Conditions unless otherwise agreed in writing by the Company.

  • The ‘Price’ means the cost of the Materials and Works as agreed between the Company and the Client.

  1. Acceptance

    1. Any instructions received by the Company from the Client for the supply Materials and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

    2. Acceptance of this quote by the Client shall constitute a binding contract between the Company and the Client.

    3. Unless otherwise agreed by the Company in writing these Terms and Conditions shall apply to all quotes.

  2. Materials

    1. All Materials fixed or otherwise shall remain the property of the Company and access to the said Materials shall also be allowed until payment has been made in full. The Company shall not be held accountable or liable should any damage occur due to the removal of Materials if payment is defaulted.

    2. Any existing Materials stripped and/or removed during the Works shall be the property of the Company unless otherwise agreed in writing.

    3. The Client shall provide safe and adequate storage of the Materials delivered to the Site Address for the Works.

    4. On acceptance of the quote, the Materials shall be ordered by the Company. Should the Client wish to terminate the Contract, payment will be made in full by the Client for any Materials ordered. A cancellation fee of $25 will also be applied.

  3. Roof Structure
    Unless otherwise stated in the description of Works the Company has made no provision in the quote for: 

    1. Alteration of any existing substrate or structure, improvement and/or changes to drainage, water runoff or any other improvements to the Clients premises.

    2. Replacement or alteration of any structural elements.

    3. Any TV or Sky dish aerials to be realigned to receive good reception.

    4. Scaffolding or edge protection.

    5. Painting of any roof, chimney’s, pipes, fascia’s, flashings, cladding or any other structures due to the removal of any existing materials or the addition of new Materials.

  4. Compliance with Laws

    1. The Client and the Company shall comply with the provisions of all statutes, regulations, by-laws and/or any other lawful requirements of government, local and other public authorities that may be applicable to the works including occupational health and safety laws relating to building and construction sites and any other relevant safety standards or legislation.

    2. At the expense of the Client, the Client shall obtain all licenses and approvals that may be required for the Works.

    3. Where asbestos is suspected in existing roofing materials the Client will pay for the testing of a sample taken.

  5. Consequential Damage
    Whilst every care will be taken by the Company for the duration of the Works, the Company will not be held responsible for any damage or consequential damage to the premises where such damage is the result of: 

    1. Weak or defective existing structures.

    2. Ceilings that are fixed directly to joists or rafters.

    3. Extreme weather conditions.

    4. Any movement in the building structure resulting in damage to any interior linings or exterior claddings due to the removal of any roofing materials or access to the same.

  6. Risks

    1. The Client must take delivery by receipt or collection of the Materials whenever they are tendered for delivery.

    2. If the Client specifically requests the Company or Supplier for the Company leaves the Materials at an unattended location, then such Materials shall always be left at the sole risk of the Client. In the event that such Materials are lost, damaged, stolen or destroyed then the replacement of the Materials shall be at the Client’s expense.

    3. The Client acknowledges that Materials supplied may exhibit variations of shade, colour, texture and finish, and may fade or change colour over time. The Company will make every effort to match batches of Materials supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations do occur.

    4. Any advice, recommendation, information, assistance or service provided by the Company in relation to the Works is given in good faith based on the Company’s knowledge and experience and shall be accepted without liability on the part of the Company, it shall be the responsibility of the Client to confirm the accuracy and reliability of the same.

    5. Delays outside the Company’s control.

  7. Price
    At the Company’s sole discretion, the Price shall be either: 

    1. As indicated on invoices supplied by the Company to the Client in respect of Works performed or Materials supplied, or

    2. The Company’s quoted price (subject to clause 07.03.) which shall be binding to the Company provided the Client has accepted the Company’s quote by the expiry date shown on the quote.

    3. The Company reserves the right to change the price:

      1. If a variation to the Materials which are to be supplied is requested; or

      2. If a variation to the Works originally scheduled is requested; or

      3. Where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including but not limited to, limitations to accessing the Site, obscured building defects, prerequisite work by any third party not being completed, error in design, hidden pipes, wiring etc.) which are only discovered on commencement of the works.

  8. Payment Terms

    1. Following the delivery of any Materials and/or the erection of any scaffolding or edge protection if supplied by the Company and/or the commencement of any Works the Client will be required to pay the Company a 50% deposit of the total value of the quoted Works.

    2. Upon receipt of any invoice the Client will pay the Company within 7 days of date of invoice unless otherwise agreed in writing by the Company.

    3. Payment may be made by cash, cheque, online banking or by any other method as agreed to between the Company and the Client.

    4. If the account is not paid within 7 days of the due date, we reserve the right to charge interest of 2.5% per month on any balance outstanding and to add debt recovery costs to any unpaid accounts. Our debt recovery agency may charge you a fee equal to 25% of the unpaid portion of the account but not less than $25.00. Where the total agency, legal and other costs arising from recovery of any amount owing exceeds the debt recovery fee charged, our agent is also entitled to recover such additional costs from you. This clause is intended to be for the benefit of and be enforceable by our debt recovery agency under the contracts (Privacy) Act 1982.

    5. The Client may not withhold ‘retentions’ from a Payment to the Company without written consent from the Company.

  9. Client Responsibilities

    1. Although the Company holds Liability Insurance for the Works to be provided under this Contract, it is the Client’s responsibility to ensure that the property is fully insured for the duration of the Works. The Company’s insurance does not extend to cover works by other trades.

    2. In the event that the Client gives information relating to measurements and quantities of the Materials required it is the Client’s responsibility to verify the accuracy of the measurements and quantities before the Client or the Company places an order based on these measurements and quantities. The Company accepts no responsibility for any loss, damage or costs resulting from the Client’s failure to comply with this clause.

    3. The Company shall not be liable for any errors in the Works which are caused by design fault, or by incorrect or inaccurate information being supplied by the Client. Any additional Works which may be needed to rectify such errors shall be the Client’s responsibility and shall be charged as a variation in accordance with Clause 07.03.

  10. Warranties and Guarantees

    1. The Client shall receive a Warranty and Guarantee for workmanship upon full payment of the Contract price and any agreed variations to that Contract.

    2. Any Warranty against product performance shall be limited to that given by the supplier of the raw materials.

    3. All roofing material Warranties shall be supplied by the roofing manufacturer.

    4. All workmanship carries a ten (10) year Guarantee from the date of completion, however the Company reserves the right to limit this guarantee if:

      1. The Company deems the structure or part of the structure will not adequately disperse water.

      2. The Client actively ignores roofing advice and recommendations made by the Company.

    5. In the case that any other trade or persons performs any task, works or inspections upon a completed work and is found to be the cause of any related problems, the Company reserves the right to void the workmanship guarantee.

    6. The workmanship guarantee does not cover repair work and/or leak repairs.

  11. Disputes
    Any query or claim about Works carried out by the Company after completion must be made in writing within fourteen (14) days to the Company.