1. General
1.1 These Terms of Trade apply to all services and products provided by JP Inspection & Maintenance Service (“we”, “us”, or “our”).
1.2 By requesting a quote, confirming a booking, or otherwise engaging our services, you (the “client”) agree to be bound by these Terms.
1.3 We reserve the right to amend these Terms at any time. Any updates will be communicated in writing and will apply to all future services.
2. Quotes and Engagement
2.1 All quotes provided by us are valid for 30 calendar days from the date of issue, unless otherwise stated in writing.
2.2 We reserve the right to withdraw or revise a quote at any time prior to its acceptance.
2.3 Acceptance of a quote constitutes agreement to proceed with the specified services and to be bound by these Terms of Trade.
2.4 Any additional work requested that falls outside the scope of the original quote may incur additional charges. Such variations will be discussed and agreed upon in writing before work proceeds.
3. Service Delivery and Site Access
3.1 While we will make every reasonable effort to deliver services on the agreed date and time, all timeframes are indicative only and subject to change.
3.2 The client is responsible for ensuring safe, unobstructed, and reasonable access to the property at the scheduled time of service.
3.3 If access is delayed or denied due to client-related issues (such as locked premises or unavailable contacts), additional charges may apply for time lost, rescheduling, or storage of materials.
3.4 Risk in any materials or products supplied transfers to the client upon delivery to the site, even if installation is yet to be completed
4. Payment Terms
4.1 Unless otherwise agreed in writing, payment is due as follows:
– For private residential clients: within 7 calendar days of the invoice date.
– For property management clients: within 15 calendar days of the invoice date.
4.2 We reserve the right to request a deposit before commencing work. The required amount and payment schedule will be specified in writing.
4.3 Late payments may incur interest at a rate of 2.5% per month, calculated daily, along with any administrative or legal costs required to recover the outstanding amount.
5. Cancellations and Variations
5.1 The client may cancel or reschedule a booking by providing written notice at least 24 hours prior to the scheduled start time. Late cancellations may incur a call-out or administration fee.
5.2 We reserve the right to cancel, postpone, or reschedule any service due to adverse weather conditions, health and safety concerns, or other unforeseen circumstances.
5.3 Any variation to the agreed scope of work must be submitted for approval. Where approved, additional charges and revised timelines may apply.
6. Site Responsibilities and Conditions
6.1 The client must ensure the site is prepared for work and agrees to:
– Inform us of any known hazards or site-specific risks in advance.
– Ensure pets and household occupants do not obstruct access or work.
– Provide access to utilities such as electricity and water if required.
6.2 We will take all reasonable care while on-site; however, we are not liable for damage to driveways, lawns, gardens, or surrounding property features unless caused by proven negligence.
7. Defects and Warranty
7.1 The client is required to inspect the completed work upon completion and notify us in writing of any issues or defects within three business days.
7.2 We warrant that all services will be carried out with reasonable care, diligence, and skill in accordance with industry standards.
7.3 This warranty does not apply to second-hand materials, existing installations, or any products or systems not supplied by us.
7.4 We are not responsible for faults or failures arising from pre-existing structural, plumbing, or electrical issues that were not caused by our work.
8. Ownership and Title
8.1 Ownership of all materials and products supplied remains with us until full payment has been received.
8.2 In the event of non-payment, we reserve the right to recover or repossess any unpaid goods and to pursue legal action for recovery of outstanding balances.
9. Limitation of Liability
9.1 Our liability in respect of any claim, whether in contract, tort, or otherwise, is limited to the total value of the services provided.
9.2 We shall not be liable for any indirect, incidental, or consequential loss or damage, including but not limited to loss of profit, rental income, or goodwill.
9.3 Nothing in these Terms excludes the rights of consumers under the Consumer Guarantees Act 1993, except where services are acquired for business purposes, in which case the Act shall not apply.
10. Dispute Resolution
10.1 In the event of a dispute, both parties agree to attempt to resolve the matter in good faith through direct negotiation before initiating any formal legal proceedings.
10.2 If a resolution cannot be reached, either party may pursue the matter through mediation or the appropriate legal channels.
11. Governing Law
These Terms of Trade are governed by the laws of New Zealand. Any disputes arising in connection with these Terms shall be subject to the jurisdiction of the courts of Auckland, New Zealand.
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