GENERAL TERMS AND CONDITIONS

These terms and conditions apply to all transactions and dealings by Gap Group Limited trading as Climate & Plumbing unless otherwise expressly provided in writing by Gap Group Limited.

1. The Services

1.1. Climate & Plumbing will carry out all Services with the necessary expertise, experience, resources, capacity, and ability, in a timely manner, efficiently and diligently, and in accordance with:

•  Mandatory New Zealand Standards for all plumbing, gasfitting, drainlaying, heating, ventilation and air conditioning;
• All other statutes, regulations, by-laws of local government and other public authorities that may be applicable to the work, including all consents, approvals and licences issued by those parties in respect of the work;
• Manufacturer’s instructions for installation of parts and appliances;
• Health and Safety at Work Act.

1.2. Climate & Plumbing will provide all labour, materials, plant, and equipment, unless previously agreed in writing with the Customer.

1.3. Site. The Customer is responsible for ensuring that they have sufficient legal entitlement to the site to allow us to carry out the Services.

2. Quotations

2.1. We provide ‘Total Price’ quotes which include the solution being given, an outline of what the total price will cover, a description of what might not be covered, and what our terms and conditions are. The Customer will see one total price on the quote, not itemised pricing.

2.2. Any quote issued by Climate & Plumbing is valid for 30 days from the date of issue.

2.3. Due to global supply-chain disruptions, all quotes are subject to any change in prices from suppliers.

2.4. A quote is issued based on all information supplied by the Customer and the Customer agrees Climate & Plumbing is entitled to rely on all such information as accurate, correct, and complete in all respects. The Customer is responsible for any costs arising if the information is not accurate, correct, and complete.

2.5. Once a quote has been accepted by the Customer, all prices and details become final.

2.6. Variations. All requests to vary either the specifications of the work or the nature or quantum of work for which a quote has been issued and accepted will be considered by Climate & Plumbing, which may at its discretion agree to the variation. As a pre-condition to any variation being accepted for the services by Climate & Plumbing, we will require the Customer to accept the variation in writing. The variation will contain a description of the work required under the variation; any required amendments to any third-party consents as issued or any additional approvals, consents or licences that will be required; the estimated cost of the variation; any proposed adjustment to the completion date for the work.

2.7. Where a special price or discount offer has been applied to a quote, no other special promotion, discount, or bonus offer will be applicable.

2.8. Once a quote has expired, it will be deemed cancelled without any further notification from Climate & Plumbing.

3. Payment

3.1. Current information on how we charge for our services can be found on our website at the following link: https://www.climate.nz/how-we-charge-for-our-services/ or by contacting Climate & Plumbing and requesting the information. Prices are subject to change at any time without notice.

3.2. On acceptance of a quote, a deposit of 50% of the full amount is required. Payment in full is required on receipt of the tax invoice for the remaining amount unless a credit facility has been agreed to with Climate & Plumbing before the work or supply of goods commenced.

3.3. If the Customer cancels the job after quote acceptance and before work has started, the Customer deposit will be refunded to the Customer less any restocking fee incurred by Climate & Plumbing for returning stock purchased specifically for the job.

3.4. If the job is not quoted and the work is carried out on a charge-up basis. Payment in full is required on receipt of the tax invoice unless a credit facility has been agreed to with Climate & Plumbing.

3.5. If a credit facility has been established, payment will be required in accordance with the terms of that facility.

3.6. Climate & Plumbing is entitled to issue progress payment invoices from time to time on account of work carried out and materials supplied to date, and each such progress invoice shall be due and payable in accordance with these terms.

3.7. Card Payment Convenience Fee. Payments made to Climate & Plumbing by credit card incur an additional Convenience Fee of 1.75% to cover third-party fees for accepting and processing credit card payments.

3.8. Climate & Plumbing reserves the right to charge the Customer interest on all amounts not paid by the due date at a rate of 1.5% per month.

3.9. The Customer shall pay to Climate & Plumbing all costs which Climate & Plumbing incurs in pursuing and enforcing the collection of any overdue account.

4. Health & Safety

4.1. The Customer shall be responsible for providing a safe and legally compliant work environment in which to carry out all works requested of Climate & Plumbing. In the event that Climate & Plumbing or any of its personnel identify issues of health and safety or legal non-conformity in any sense, they shall be entitled to stop work until such matters have been remedied by the Customer.

4.2. The Customer agrees to take all practicable steps to ensure their own safety throughout the work and to cooperate fully in implementing Climate & Plumbing’s health and safety and environmental policies and procedures, and our obligations under the relevant health and safety legislation.

5. Remedial Work

5.1. In the course of carrying out any work, if Climate & Plumbing personnel identify any issue requiring remedial work to ensure compliance with mandatory standards, such personnel shall bring this to the attention of the Customer and may be unable to proceed with the work until such remedial work is carried out.

5.2. Any remedial work which the Customer requests Climate & Plumbing to attend to will be treated as a variation.

5.3. When an installation site is uncovered, if it is apparent more work will be required to complete the installation that could not have been apparent from a visual inspection, such additional work will be treated as a variation to the contract.

5.4. Asbestos. In some cases, asbestos may remain undetected until the day of work. Should our tradespeople discover asbestos they will cease work immediately. We will notify the Customer and arrange with the Customer an inspection to determine the next steps. Depending on the work that is being carried out, the type of asbestos it is, and the area it covers, we may be able to continue using a strict asbestos health and safety management plan. If, however, the asbestos needs to be removed before work can continue, this must be done by a certified specialist, or by the Customer following Worksafe recommended removal practices.

5.5. Climate & Plumbing will not be responsible for any loss or delay caused by a need to carry out remedial work identified.

6. Insurance

6.1. If the work involves changes, alterations, or additions to an existing building structure the Customer must arrange Contract Works insurance for the full replacement value of the building including the existing structures and contents, and any goods and parts used in the work by us.

6.2. We will arrange public liability insurance for a reasonable amount considering the extent of the work against liability for loss or damage to any property, injury or death, or illness that arises from carrying out the work.

7. Guarantees

7.1. Climate & Plumbing will provide with its goods and services the following warranties:

•  In respect of all goods and parts, these will carry a warranty equivalent to that offered by the manufacturers.
• All workmanship carried out by Climate & Plumbing personnel will be guaranteed against defects or errors for a period of one year following the date on which the work was carried out.

7.2. If the goods and/or services offered by Climate & Plumbing are being acquired for the purposes of a business, both parties agree that the Consumer Guarantees Act 1993 shall not apply.

7.3. In the event that the Consumer Guarantees Act applies, nothing shall be taken as abridging the rights of any consumer under that Act.

7.4. The Master Plumbers Guarantee applies to residential plumbing, gasfitting, and drainlaying work carried out by Climate & Plumbing as a current financial Master Plumbers member.

8. Defects Period

8.1. If any defects appear within 12 months of completion of the work, the Customer must give Climate & Plumbing written notice of the defects. The notice must be sufficiently detailed to clearly identify what aspect of the work is defective. Climate & Plumbing will make good the defects which have been validly claimed at our cost within a further 15 working days from receipt of such notice, or such longer period as is reasonable in the circumstances. Such defects shall be defined as the malfunction, non-function, or absence of any part of the work caused by materials which are not suitable for the purpose, or workmanship which has not been carried out in a proper and workmanlike manner but shall not include any defects caused by or arising out of the Customer’s negligent action or caused by fair wear and tear.

8.2. The Customer cannot engage anyone else to rectify the defects until a reasonable time has elapsed and they have given us at least 10 working days’ notice of their intention to engage someone else. If they engage someone else to rectify the defects when they are not entitled to then, without prejudice to our other rights and remedies, we will be immediately discharged from any further obligation or liability in relation to the work to the maximum extent permitted by law.

8.3. The Customer will provide us with reasonable access to the site so we can remedy defects.

9. Reservation of Title

9.1. All goods and materials remain the property of Climate & Plumbing until paid for in full. Climate & Plumbing is granted the right by the Customer to enter upon any premises and remove the goods and material at any time in the event that the invoice in respect of them is not paid by the due date. Climate & Plumbing is not obliged to continue with or complete any further work for the client in the event of defaulting payment. The Customer shall always ensure that any goods or materials supplied by Climate & Plumbing shall remain identified as such at least until payment in full of all relevant invoices has been made.

PRIVACY STATEMENT

We collect personal information from you, including information about your:

• name
• contact information
• location
• interactions with us
• services we have provided
• billing or purchase information

We collect your personal information in order to:

• send you information, provide services, and link you to services we have provided directly related to our business

You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information or to have it corrected, please contact us at info@climate.nz, or 06 7696410, or PO Box 539, New Plymouth, 4340.