Terms and Conditions

Terms of service

1. DEFINITIONS

   • “Auckland Drain CCTV Ltd” shall mean Auckland Drain CCTV Ltd Limited, or any agents or employees thereof.

   • “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Auckland Drain CCTV Ltd.

   • “Goods” shall mean:

     • all Goods of the general description specified on the front of this agreement and supplied by Auckland Drain CCTV Ltd to the Customer; and

     • all Goods supplied by Auckland Drain CCTV Ltd to the Customer; and

     • all inventory of the Customer that is supplied by Auckland Drain CCTV Ltd; and

     • all Goods supplied by Auckland Drain CCTV Ltd and further identified in any invoice issued by Auckland Drain CCTV Ltd to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and

     • all Goods that are marked as having been supplied by Auckland Drain CCTV Ltd or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Auckland Drain CCTV Ltd; and

     • all of the Customer’s present and after-acquired Goods that Auckland Drain CCTV Ltd has performed work on or to or in which goods or materials supplied or financed by Auckland Drain CCTV Ltd have been attached or incorporated.

     • The above descriptions may overlap but each is independent of and does not limit the others.

   • “Goods and Services” shall mean all goods, products, services and advice provided by Auckland Drain CCTV Ltd to the Customer and shall include without limitation the provision of drain laying services including excavation and ground preparation work, and the supply and installation of drainage pipes, drainage systems, and associated services and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services by Auckland Drain CCTV Ltd to the Customer.

   • “Price” shall mean the cost of the Goods and Services as agreed between Auckland Drain CCTV Ltd and the Customer and includes all disbursements eg charges Auckland Drain CCTV Ltd pay to others on the Customer's behalf subject to clause 4 of this contract.

2. ACCEPTANCE

   • Any instructions received by Auckland Drain CCTV Ltd from the Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

3. COLLECTION AND USE OF INFORMATION

   • The Customer authorises Auckland Drain CCTV Ltd to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Goods and Services provided by Auckland Drain CCTV Ltd to any other party.

   • The Customer authorises Auckland Drain CCTV Ltd to disclose any information obtained to any person for the purposes set out in clause 1.

   • Where the Customer is a natural person the authorities under clauses 1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

4. PRICE

   • Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by Auckland Drain CCTV Ltd at the time of the contract.

   • The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Auckland Drain CCTV Ltd between the date of the contract and delivery of the Goods and Services.

5. PAYMENT

   • Payment for Goods and Services shall be made:

     • Where the Customer has an existing account with Auckland Drain CCTV Ltd, or has arranged an account with Auckland Drain CCTV Ltd, the price shall be paid in full on or before the 20th day of the month following the date of the invoice (“the due date”) ; or

     • Where the duration of the work extends beyond one month from the date of commencement the price shall be paid in instalments each month or part month on or before the 20th day of the month following the date of each monthly invoice (“the due date”) ;or

     • Where Auckland Drain CCTV Ltd has specified the price shall be paid in full within seven (7)days following the date of the invoice(“the due date”) ;or

     • In full on receipt of delivery of goods or completion of work (‘the due date”).

   • Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.

   • Any expenses, disbursements and legal costs incurred by Auckland Drain CCTV Ltd in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.

   • Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.

6. QUOTATION

   • Where a quotation is given by Auckland Drain CCTV Ltd for Goods and Services:

     • Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and

     • The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;

     • The quotation does not include the cost of obtaining permits or consents from the Local Authority or other person; or any extra work or variations to the quotation including without limitation extra work required due to non-disclosure of relevant matters by the Customer at the time of quotation, or delays caused by the customer or any other party beyond the control of Auckland Drain CCTV Ltd.

7. WARRANTIES BY CUSTOMER

   • The Customer warrants that:

     • It has and shall continue to provide Auckland Drain CCTV Ltd with all information and assistance relevant to the carrying out of work that is the matter of this contract; and

     • It has obtained all necessary resource consents from the relevant Local Authority and has informed Auckland Drain CCTV Ltd of all matters relating to such consents; and

     • Prior to commencement of any work it shall mark all boundaries of the land where work is to proceed AND mark all areas of such land where work is required AND shall inform Auckland Drain CCTV Ltd of all such markings AND point out to the driver of any machine or vehicle about to execute or executing the work where work is to be executed and the extent of the work to be carried out, and if any soil is to be removed, the place where it is to be deposited; and

     • It has located, marked and advised Auckland Drain CCTV Ltd of all gas pipes, water pipes, sewage lines, drainage lines, telephone cabling, and other utilities that are on, or near, or adjacent to the land upon which any work is to proceed; and

     • It has advised Auckland Drain CCTV Ltd of any possibility of or knowledge of any subsidence, slip, erosion, flooding, or any other thing which might constitute a hazard on the land where work is to proceed or on any adjacent land. No claim relating to products and services will be considered unless made within fourteen (14) days of delivery.

8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)

   • Title in any Goods and Services supplied by Auckland Drain CCTV Ltd passes to the Customer only when the Customer has made payment in full for all Goods and Services provided by Auckland Drain CCTV Ltd and of all other sums due to Auckland Drain CCTV Ltd by the Customer on any account whatsoever. Until all sums due to Auckland Drain CCTV Ltd by the Customer have been paid in full, Auckland Drain CCTV Ltd has a security interest in all Goods and Services.

   • If the Goods and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods and Services shall remain with Auckland Drain CCTV Ltd until the Customer has made payment for all Goods and Services, and where those Goods and Services are mixed with other property so as to be part of or a constituent of any new Goods and Services, title to these new Goods and Services shall deemed to be assigned to Auckland Drain CCTV Ltd as security for the full satisfaction by the Customer of the full amount owing between Auckland Drain CCTV Ltd and Customer.

   • The Customer gives irrevocable authority to Auckland Drain CCTV Ltd to enter any premises occupied by the Customer or on which Goods and Services are situated at any reasonable time after default by the Customer or before default if Auckland Drain CCTV Ltd believes a default is likely and to remove and repossess any Goods and Services and any other property to which Goods and Services are attached or in which Goods and Services are incorporated. Auckland Drain CCTV Ltd shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded.  Auckland Drain CCTV Ltd may either resell any repossessed Goods and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and Services and credit the Customer’s account with the invoice value thereof less such sum as Auckland Drain CCTV Ltd reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.

   • Where Goods and Services are retained by Auckland Drain CCTV Ltd pursuant to clause 3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.

   • The following shall constitute defaults by the Customer:

     • Non payment of any sum by the due date.

     • The Customer intimates that it will not pay any sum by the due date.

     • Any Goods and Services are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Goods and Services.

     • Any Goods and Services in the possession of the Customer are materially damaged while any sum due from the Customer to Auckland Drain CCTV Ltd remains unpaid.

     • The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distains against any of the Customer’s assets.

     • A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.

     • Any material adverse change in the financial position of the Customer.

9. PAYMENT ALLOCATION

   • Auckland Drain CCTV Ltd may in its discretion allocate any payment received from the Customer towards any invoice that Auckland Drain CCTV Ltd determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by Auckland Drain CCTV Ltd, payment shall be deemed to be allocated in such manner as preserves the maximum value of Auckland Drain CCTV Ltd’s purchase money security interest in the Goods and Services.

10. DISPUTES AND RETURN OF GOODS

    • The Customer shall be deemed to have accepted the Goods and Services provided unless the Customer notifies Auckland Drain CCTV Ltd otherwise within seven (7) days of delivery of the Goods and Services to the Customer.

11. LIABILITY

    • The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Auckland Drain CCTV Ltd which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Auckland Drain CCTV Ltd, Auckland Drain CCTV Ltd’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

    • Except as otherwise provided by clause 1 Auckland Drain CCTV Ltd shall not be liable for:

      • Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by Auckland Drain CCTV Ltd to the Customer; and

      • The Customer shall indemnify Auckland Drain CCTV Ltd against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Auckland Drain CCTV Ltd or otherwise, brought by any person in connection with any matter, act, omission, or error by Auckland Drain CCTV Ltd its agents or employees in connection with the Goods and Services.

12. DISCLAIMER:

    • While care has been taken in the preparation, location of drainage lines and condition reporting indicated in this link provided.

    • All depths and location information are approx only.

    • Auckland Drain CCTV Ltd does not accept any liability for its accuracy and completeness and do not make any representation or warranty, express or implied in relation to the same.

    • Any person undertaking excavation works is responsible for the location and protection of underground equipment. The information contained in this link is supplied for reference purposes only.

 

13. OCCUPATIONAL HEALTH AND SAFETY STANDARD

13.1               The Customer is obliged to ensure:

• That all work sites comply with Occupational Health and Safety Statuitory Requirements Regulations and Standards.

• That this is always proper means of access to the workCONSUMER GUARANTEES ACT

  • The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from Auckland Drain CCTV Ltd for the purposes of a business in terms of section 2 and 43 of that Act.

1. CANCELLATION

   • Auckland Drain CCTV Ltd shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of Goods and Services to the Customer if the Customer fails to pay any money owing after the due date or the Customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act 1967.

   • Any cancellation or suspension of this agreement shall not affect Auckland Drain CCTV Ltd’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customer’s obligations to Auckland Drain CCTV Ltd under this contract.

2. MISCELLANEOUS

   • Auckland Drain CCTV Ltd shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

   • Failure by Auckland Drain CCTV Ltd to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Auckland Drain CCTV Ltd has under this contract.

   • If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

   • The client shall not assign all or any of its rights or obligations under this contract without the written consent of Auckland Drain CCTV Ltd.

   • Where these terms and conditions of trade are at variance with the order or instructions from the Customer these terms and conditions of trade shall prevail.