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CREMCO LIMITED

TERMS & CONDITIONS OF TRADE

These Terms & Conditions apply to all quotations, estimates, services, labour, materials, installations, maintenance, repairs, and works carried out by Cremco Limited (“the Company”, “we”, “our”, or “us”). By accepting a quotation, requesting services, approving work to commence, or allowing access to site, the Customer agrees to these Terms & Conditions.

1. SERVICES

  • Cremco Limited provides Plumbing, Drainlaying, Gasfitting, Electrical, Maintenance, Repairs, Renovations, Testing, Installations, and associated trade services.
  • All work shall be completed in accordance with relevant New Zealand legislation, regulations, standards, and industry requirements including:

 

  1. New Zealand Building Code
  2. AS/NZS Standards
  3. PGDB requirements
  4. EWRB requirements
  5. Health and Safety at Work Act 2015

2. QUOTATIONS & ESTIMATES

  • All quotations are valid for thirty (30) days unless otherwise stated.
  • Estimates are approximate only and are subject to change upon site inspection or commencement of work.
  • Quotations are based on visible site conditions and information available at the time of pricing.
  • Additional charges may apply where:
  1. Hidden defects are discovered
  2. Existing systems are non-compliant
  3. Site conditions differ from those expected
  4. Additional labour or materials are required
  5. Council or compliance requirements change
  6. Customer requests variations
  • Variations requested after acceptance of quotation shall be charged separately.
  • Verbal quotations are indicative only until confirmed in writing

3. PRICING

  • All pricing is in New Zealand Dollars (NZD).
  • GST will be added where applicable unless otherwise stated.
  • The Company reserves the right to adjust pricing where material costs, supplier pricing, or project scope changes after quotation acceptance.
  • Additional charges may apply for:
  1. Emergency callouts
  2.  Weekend work
  3.  Public holidays
  4.  After-hours work
  5.  Difficult access
  6.  Excessive travel
  7.  Standby time caused by other trades or site delays
    variations

4. PAYMENT TERMS

  • Residential invoices are due immediately upon completion unless otherwise agreed in writing.
  • Commercial accounts shall be paid by the 20th of the month following invoice date unless otherwise agreed.
  • The Company may require:
  1. Deposits
  2. Progress payments
  3. Payment prior to ordering materials

  • Failure to make payment when due may result in:
  1. Suspension of work
  2.  Delay of scheduled works
  3.  Withdrawal from site
  4.  Cancellation of future bookings

  • Interest may be charged on overdue accounts at 2.5% per month compounding monthly from the due date until paid in full.
  • The Customer shall be liable for all costs incurred recovering overdue accounts including:
  1. Debt collection fees
  2.  Legal costs
  3.  Disputes Tribunal fees
  4.  Solicitor costs
  5.  Administrative costs

5. OWNERSHIP OF MATERIALS

  • Ownership of all materials supplied remains with Cremco Limited until payment has been received in full.
  • The Company reserves the right to recover unpaid materials where legally permitted.

6. ACCESS & SITE CONDITIONS

  • The Customer shall provide safe and reasonable access to the worksite.
  • The Customer is responsible for:
  1. Clearing work areas
  2.  Providing access to services
  3.  Ensuring pets are secured
  4.  Advising of hazards
  5.  Obtaining approvals where required
  • Additional charges may apply where:
  1. Access is restricted
  2.  Work areas are not ready
  3.  Delays are caused by other parties
  4.  Unsafe conditions exist
  • Unless specifically included within the quotation, the Company is not responsible for:
  1. Painting
  2.  Plastering
  3.  Tiling
  4.  Concrete reinstatement
  5.  Landscaping
  6.  Decorative finishes
  7.  Cleaning beyond normal trade cleanup

Reasonable access damage may occur during works.

7. HIDDEN CONDITIONS & EXISTING INSTALLATIONS

  • The Customer acknowledges that hidden defects or unforeseen conditions may exist within existing plumbing, drainage, gas, or electrical systems.
  • The Company shall not be responsible for:
  1.  Pre-existing faults
  2. Deteriorated pipework
  3. Corrosion
  4.  Unsafe wiring
  5.  Existing leaks
  6.  Cracked drainage
  7.  Non-compliant historical work
  • Any additional work required due to hidden conditions shall be treated as a variation and charged separately.
  • The Company may suspend work until instructions or approvals are received.

8. UNDERGROUND SERVICES

  • Unless specifically engaged to locate services, the Customer is responsible for identifying underground services prior to excavation.
  • The Company shall not be liable for damage to unidentified underground services, cables, pipes, or utilities.

9. CUSTOMER SUPPLIED MATERIALS

  • No warranty is provided on customer supplied fixtures, fittings, appliances, or materials.
  • The Company accepts no responsibility for:
  1. Defective supplied products
  2.  Delays caused by supplied products
  3.  Incorrect sizing or compatibility
  4.  Product failures
  5.  Warranty claims relating to customer supplied items
  • Additional labour charges may apply where supplied products are unsuitable or defective.

10. COMPLIANCE & CERTIFICATION

  • All regulated work shall be carried out by appropriately licensed and registered tradespeople.
  • Relevant certificates may include:
  1. Electrical Certificate of Compliance (COC)
  2. Electrical Safety Certificate (ESC)
  3.  Gas Certificate of Compliance (COC)
  4.  Gas Safety Certificate (GSC)
  5.  Producer Statements PS3, where applicable
  • Certificates relate only to work completed by Cremco Limited.

11. WARRANTIES

  • Workmanship warranty is limited to twelve (12) months from practical completion unless otherwise stated.
  • Manufacturer warranties apply to supplied products and equipment.
  • Warranty does not cover:
  1. Misuse
  2.  Accidental damage
  3.  Fair wear and tear
  4.  Blockages caused by foreign objects
  5.  Lack of maintenance
  6.  Third-party interference
  7.  Existing system failures
  8.  Power surges
  9.  Water quality issues
  10.  Customer supplied products
  • The Customer must notify the Company in writing within seven (7) days of becoming aware of any alleged defect.
  • The Customer must allow Cremco Limited reasonable opportunity to inspect and remedy any issue before engaging third parties.

Failure to do so may void warranty claims.

12. EMERGENCY & AFTER-HOURS WORK

  • Emergency, weekend, after-hours, and public holiday services may incur higher labour and callout rates.

13. HEALTH & SAFETY

  • Cremco Limited complies with the Health and Safety at Work Act 2015.
  • The Company reserves the right to immediately stop work where:
  1. Unsafe conditions exist
  2.  Hazardous materials are present
  3.  Aggressive or abusive behaviour occurs
  4.  Site conditions breach health and safety requirements
  • Any delays or costs resulting from unsafe conditions shall be the responsibility of the Customer.

14. PHOTOGRAPHS & SITE RECORDS

  • The Company may take photographs and maintain site records before, during, and after works for:
  1. Compliance
  2.  Quality assurance
  3.  Record keeping
  4.  Dispute resolution
  5.  Marketing purposes
  • Customer details or identifying information will not be publicly disclosed without consent.

15. LIABILITY

  • To the maximum extent permitted by law, the Company’s liability is limited to the value of the services supplied.
  • The Company shall not be liable for:
  1. Indirect or consequential loss
  2.  Loss of profits or income
  3.  Business interruption
  4.  Tenant disruption
  5.  Existing system failures
  6.  Damage caused by hidden defects
  7.  Delays beyond reasonable control
  • Work shall be deemed practically complete when substantially completed and capable of intended use, notwithstanding minor defects or incomplete items.

16. FORCE MAJEURE

  • The Company shall not be liable for delays or inability to perform work due to events beyond reasonable control including:
  1. Weather events
  2.  Flooding
  3.  Supplier shortages
  4.  Utility outages
  5.  Council delays
  6.  Natural disasters
  7.  Labour shortage
  8.  Transport disruptions
  • Work shall be deemed practically complete when substantially completed and capable of intended use, notwithstanding minor defects or incomplete items.

17. CONSUMER GUARANTEES ACT

  • Where services are acquired for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply.
  • Nothing in these Terms limits rights that cannot legally be excluded under New Zealand law.

18. CANCELLATION

  • Cancellation fees may apply where:
  1.  Materials have been ordered
  2.  Labour has been scheduled
  3.  Work has commenced
  • The Customer shall reimburse all reasonable costs incurred up to the cancellation date.

19. PRIVACY

  • The Customer authorises the Company to collect, retain, and use personal information for:
  1. Providing services
  2.  Account management
  3.  Credit assessment
  4.  Debt recovery
  5.  Marketing communications
  • Information will be managed in accordance with the Privacy Act 2020.

20. DISPUTES

  • Any dispute or concern relating to works completed must be raised in writing within seven (7) days of discovery.
  • Both parties agree to attempt resolution in good faith prior to commencing legal proceedings.
  • The Customer shall not withhold payment for undisputed portions of invoices.

21. GOVERNING LAW

  • These Terms & Conditions are governed by the laws of New Zealand.

CONTACT DETAILS

Cremco Limited

Phone: 020 456 0786

Website: www.cremco.co.nz

Auckland, New Zealand