Terms and Conditions

TERMS AND CONDITIONS OF

FIX IT ALL SERVICES LIMITED

BACKGROUND

Fix it All Services Limited provides building related Fix it All services on the terms and conditions as contained within these Terms and Conditions (“Ts and Cs”).

Fix it All Services Limited is herein after referred to as (“Fix it All”). The Client by way of accepting this quotation agrees to the terms and conditions as contained within as published on the website www.fixitall.co.nz  and agrees to be bound by the same.

A.                The Client has requested the services of Fix it All to provide building related services on the basis of a quotation Fix it All has provided to the Client.

B.                The Client accepts whilst it is a quotation it may vary by ± 10% because of variables in supply and cost of product, and delivery expenses. The quotation is accepted by the client on that basis.

IT IS AGREED AS FOLLOWS

GENERAL

1.         On acceptance of the quotation the Client will pay a deposit in order to cover materials which will be specified by Fix it All, typically 50% of the total billable which will be applied to the balance outstanding.

2.         The Client acknowledges that all work carried out is on the basis of the Ts and Cs as contained within this document and is on an quote basis which is subject to a plus or minus variation of 10% unless, in the case of refurbishment work remedial work is required.

3.         Quotation may be amended if it is subject to importation of parts or product. There may be amendments if there are variations requested by the Client, plus there may be additional charges for freight or courier charges.

4.         For large jobs at Fix it All’s discretion the Client may be required to make progress payments. Payment is required to be made within five days of each invoice being provided.  

5.         In the event of non-payment or late payment, Fix it All reserves the right to charge interest at 2% per month on any overdue balances, the interest rate of 2% per month is a finance rate of 26.8% within the meaning of the Credit Contracts Act 1981.

6.         All goods provided for the Client cannot be returned for credit without the express written consent of Fix it All.

7.         In the event of any damage or shortage of goods supplied by Fix it All the Client must provide notice within ten days.

8.         The client agrees to make full payment of any balance outstanding on the day Fix it All confirms that the job is completed.

PAYMENT

The Terms of Payment are:

9.         A deposit of up to 50% of the quotation is payable at the time that the quotation is accepted by the Client in order to cover goods and materials.

10.       For larger jobs at the discretion of Fix it All invoices may be provided progressively and will be payable within five days of the date of invoice.

11.       Fix it All reserves the right to charge interest at 2% per month on any overdue balances, the interest charge of 2% per month is a finance rate of 26.8% within the meaning of the Credit Contracts Act 1981.

RETURNS

12.       All goods and products purchased for the Client cannot be returned for credit without the express consent of Fix it All.

13.       In the event of any damage, or shortage of goods supplied by Fix it All, notice must be provided within 10 days.

14.       Any order to purchase goods by the client is a agreement for an item to be built or supplied and cannot be cancelled by the client.

15.       Should any client purport to cancel the quotation once confirmed, Fix it All reserves the right to retain any deposit and to recover any expenses incurred.

TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)

16.       Title in the products does not pass in any circumstance until payment of the purchase price and all other amounts owing is made in full in respect of any and all products supplied by the Client.

17.       It is expressly agreed that title to the products does not pass upon delivery or the giving and taking of possession. Notwithstanding that title does not pass, risk in the product passes upon the product being uplifted by or dispatched to the Client, even if payment has not been made in full.

18.       For the purposes of Section 36(1)(b) of the Personal Property Securities Act 1999 (“PPSA”) the Client accepts that the Terms constitute a Security Agreement and confirms and agrees that the Client intends to and does grant a security interest in favour of Fix it All, and in all of the Client’s present personal property and after acquired property, except for any item of personal property which is not (or which is exclusively the proceeds of any item of personal property which is not) supplied by Fix it All to the Client to secure the payment by the Client to Fix it All of all amounts the Client may owe Fix it All from time to time and at any time, including future advances. To the extent possible by law, the Client and Fix it All contract out of Section 114(1)(a) and the Clients rights referred to in Sections 107(c), (d), and (i) of the PPSA. The Client waives its right to receive any verification statement in respect of any financing statement relating to any security interest granted to Fix it All by the Client under the PPSA.

GST and Compliance

19.       All prices provided are plus GST.

20.       The client will be provided with a tax invoice.

INSURANCE

21.       It is the Client’s obligation to maintain full insurance cover over the property and any associated equipment to ensure property and surrounds are safe for Fix it All in order to operate.

22.       The Client is solely responsible for ensuring that all required insurance covers are in place. 

DEFAULT

23.       In the event of a default that has not been rectified after 30 days the Client provides Fix it All with the irrevocable authority, its employees, and agents, to enter any premises occupied by the Client in order to retrieve any equipment or goods.

24.       To give full effect to this authority, that in the event of a non-rectified default, 30 days after such a default, the Client provides Fix it All with Power of Attorney with full authority to take any steps necessary in order to effect a sale of the motor vehicle and parts or product in order to recover the outstanding debt plus any costs, out of pocket expenses, solicitors’ costs, transportation expenses or any reasonable expenses incurred by Fix it All in recovering monies outstanding.

TERMINATION

25.       This Agreement may be terminated by either party upon giving notice in writing of not less than one month. Should the Client provide Notice of Termination, that automatically crystallizes any debt or any amounts outstanding and will obligate the Client to make full payment immediately.

26.       If the Client:

a.       Refuses or is unable to provide instructions in respect of any ongoing work; or

b.       Fails to pay Fix it All any monies due under this Agreement, as and when they become due and payable; or

c.       Becomes insolvent; or

d.       Is adjudicated bankrupt; or

e.       Has winding up proceedings commenced against them, or a resolution is passed for winding up; or

f.        Assigns their estate for the benefit of creditors; or

g.       Makes any composition with their creditors; or

h.       Has judgment obtained in any Court against them which is not satisfied within 21 days without reasonable cause; or

i.        Has any execution or other process of any Court issued against their goods or property; or

j.        Has a receiver, liquidator or statutory manager of its property or assets appointed; or

k.       Dies

Fix it All will be entitled upon giving notice in writing to the Client to terminate this Agreement forthwith and to retake possession of the services and any services for which payment has not been received in full forthwith or to demand payment for the services, if the parties agree to the transfer of property in the services to the Client in consideration for the Client paying to Fix it All the replacement cost of the services or any such other amount as agreed by the parties.

27.       Termination under this clause in no way affects any other rights and remedies that might otherwise be available to Fix it All.

OTHER

28.       Any neglect, forbearance or indulgence on the part of Fix it All relating to its strict rights hereunder will in no way be deemed a waiver implied or otherwise of such rights.

29.       If for any reason beyond reasonable control of either party including any act of God, war, government enactment or restriction, lockout, strike, industrial dispute, fire tempest or with any stipulation which such party will be excused from its failure to so comply for a fair and reasonable time in particular circumstances of each case.

30.       In this Agreement, words importing the singular include the plural and vice-versa, the masculine gender includes the feminine, and works denoting individuals include corporations and vice-versa.

31.       Covenants contained in this Agreement on the part of the Client are binding upon the Client his successors executors administrators and assigns and every covenant or agreement expressed or implied in this Agreement by which more than one person covenants or agrees, shall bind such persons jointly and severally.

32.       The headings in this Agreement act as a guide only and do not form part of the Agreement.

33.       In the event that any provision contained within this Agreement is found to be invalid or unlawful by any Court, then that provision will be severed without affecting the remaining enforceability of this Agreement in its entirety.

LEGAL COMPLIANCE

34.       It is the Client’s absolute responsibility to obtain any consents, any regulatory compliance, to comply with any bylaws and obtain any permissions or consents that may be required in order for the works to be carried out.

UNFORSEEN WORKS

35.       In the course of carrying out any form of refurbishment work should any structural damage, water damage, or any form of work be required, such costings will be provided in the form of an estimate which will be a variation to the existing quotation. Such additional works will be in addition to the quote as provided and will be provided in a written form to the client.

FIX IT ALL

36.       Whilst Fix it All provides professional services, Fix it All does not represent the company (Fix it All) as a builder, registered or otherwise, and services are limited to that of a professional Fix it All.

DISPUTE RESOLUTION

37.       If a dispute arises between the parties concerning the terms and conditions that make up the agreement, no party may start proceedings relating to the dispute (unless that party seeks urgent interlocutory release without first complying with this section.

NOTICE OF DISPUTE

38.       A party claiming a dispute has arisen concerning this agreement must give written notice to the other party specifying the matter in dispute.

39.       After notice is given each party must nominate one party that will have authority to settle the dispute. The nominated person must try in good faith to resolve the dispute within five business days of their nomination.

40.       If the dispute is not resolved between the parties then any party may at any time within three business days invite the chairperson of New Zealand chapter of the lawyers engaged in alternative disputes resolution to appoint a mediator to enable the parties to mediate and settle the dispute. All discussions in a mediation will be without prejudice and will not be referred to in any later proceedings. The parties will bear their own costs in the mediation and will share equally the mediation costs.

NZ LAW

In the event that the matters cannot be resolved by mediation, then the parties reserve all rights and remedies and submit to the exclusive laws of New Zealand.