Terms of Trade of Restoration Experts Limited trading as CleaningPro and iDry Restorations.
These Terms of Trade signed Work Authorisation and Direct Payment Request, and any quotation provided by Restoration Experts are to be read together and form the entire agreement between you and Restoration Experts the contracting parties (“CP’) relating to all Work and Services provided by Restoration Experts. It replaces and supersedes any previous proposals, correspondence, understandings, or other communications (written or oral) made between the CP.
1.0 Definitions
In these Terms of Trade:
1.5 “Estimate” means the anticipated cost to complete the Work and is subject to change and is not legally binding upon Restoration Experts.
1.6 “Property” means a Residential Dwelling, Commercial Building, or any other location where Restoration Experts is contracted to perform the Work.
1.7 "Intellectual Property" includes all intellectual property rights (including without limitation copyright,
patent and design rights, drawings, documents, data, ideas, procedures, and calculations).
1.8 “Price” means the amount stipulated in any invoice issued by Restoration Experts.
1.9 “Words” importing the singular include the plural and vice versa.
1.10 “Work” means water extraction from carpet, underlay, and any area (internal and external) of the property that is flooded or wet, including internal structures that cannot be seen, carpet cleaning and sanitising, general cleaning, curtain, and blind cleaning, flood restoration, fire restoration, mould treatment, end of tenancy cleaning, floor sanding, tile and grout cleaning, painting and any other type of Work as in 7.0 below, or any other such service we perform for you.
1.11 “Service” means the same as in 1.11 above and in 7.0 below.
1.12 “The Act” means the Interest on Money Claims Act 2016.
1.13 “Consumer Act” means the Consumer Guarantees Act 1993.
1.14 “Equipment” means air blowers, carpet dryers, air scrubbers, and commercial dehumidifiers.
1.15 “Invoice Date” means the date by which payment is to be made.
1.16 “Construction Act” means the Construction Contracts Act 2002.
1.17 “Health and Safety” means the Health and Safety at Work Act 2015.
1.18 “Hazard” means a source or a situation with the potential for harm in terms of human injury or ill
health, damage to property, damage to the environment, a combination of these and including the
meaning set out in S16 of the Health and Safety at Work Act 2015.
1.19 “Contracting Parties” means Restoration Experts Limited and the name of the Customer in 1.3 above.
1.20 “Policy Excess” also means policy deductible and is the amount of any insurance claim that the insurer will not pay.
1.21 “Terms of Trade” means the contractual obligations between Restoration Experts and the Customer, recorded in writing and that both parties are obligated to abide by.
1.22 “Emergency Flood Call Out”-means water ingress from outside, water from a natural disaster, a leak, a flood of water caused by a faulty sink, toilet, any appliance, pipe of any kind, and water resulting from customer negligence.
2.0 Estimates
2.1 Unless stated otherwise, any Price, we give you before providing a written quotation or commencing any Work at your request is an estimate inclusive of GST of the anticipated cost for us to complete the Work and is not legally binding upon us. We undertake to notify you in writing as soon as reasonably practicable if the Price is likely to exceed the estimated cost.
3.0 Quotation
3.1 All quotations are valid for 7 calendar days from the date of the quotation and are provided in writing. All Work quoted for in excess of $3,000.00 (including GST) is subject to the Customer first paying to Restoration Experts when requested, a deposit of 50% of the Work price (including GST) or any other amount requested, and/or in the case of a company a personal guarantee provided from any shareholder or director of that company or any other approved individual in a form required by Restoration Experts before any Work will be commenced.
3.2 Restoration Experts may request the Customer to make payment in advance for all Work quoted for which is less than $3,000.00 (including GST) before the Work will be commenced.
3.3 The customer is required to accept any quotation in writing before any Work will be commenced subject to clause 14 below.
3.4 If any extra Work is necessary or requested after the quote is accepted and which is not described in the quotation, Restoration Experts will communicate with the Customer in writing to advise that the extra Work
will be invoiced on an Actual Cost basis and will be treated as a variation to the contract, which the Customer must agree to in writing. Restoration Experts reserves their right to suspend any works until such time that the Customer provides written consent to any extra Work or variation to the works.
3.5 The Customer agrees that at no time after accepting a quotation will Restoration Experts provide a breakdown for any reason.
4.0 Emergency Flood Call Out
4.1 The Customer agrees that Restoration Experts will not provide a quotation for an emergency flood call out to the Property and accepts that Restoration Experts will provide an estimate only of the cost and time necessary to carry out the Work so that you can make alternative arrangements for your family and your employees.
4.2 The Customer understands and accepts that upon arrival at the Property, we will carry out the following:
(a) Damage Assessment and Control. We will assess the damage, control, and limit any further damage to mitigate your losses.
(b) Water Eradication. We will remove all excess water by extraction and remove any damaged items and any items at risk of being damaged.
(c) Restoration. We will monitor and remove all excess moisture from your property, including internal structures, by using air movers, dehumidifiers, and other necessary monitoring equipment.
4.3 The Customer accepts the necessary use and the cost of all equipment.
4.4 The Customer agrees to pay the Price subject to 5.1 and 6.2 below.
4.5 The Customer agrees to pay a deposit of any amount to Restoration Experts if requested before we will commence Work.
5.0 Price
5.1 At our sole discretion the Price will be, and the Customer agrees to pay:
(a) the amount set out any invoice including GST provided by Restoration Experts to the Customer; or
(b) our quoted Price (subject to clause 3.1) shall be binding upon Restoration Experts provided that the Customer has accepted the quotation in writing within 7 calendar days.
5.2 Restoration Experts reserves the right to change the quoted price at any time and the Customer agrees to pay the extra cost:
(a) if a variation to the Work is necessary or is requested after the date the quotation is accepted, and the extra Work will be invoiced on an Actual Cost basis as in 3.4.
6.0 Terms of Payment
6.1 We may require you to make payment in advance or pay a deposit, being an advanced part payment before we commence Work subject to clauses 3.1, 3.2, and 4.1 above.
6.2 The Customer shall pay in full and without deduction or setoff for the Services within 20 working days following the date of the invoice (“Invoice Date”) where the Customer acquires the Services for the purposes of business. The payment is made only when funds have fully cleared through the banking system into our bank account.
6.3 The Customer shall pay in full and without deduction or setoff for the Services on the date set out in the invoice (“Invoice Date”) where the Customer does not acquire the Goods or Services for the purposes of business unless otherwise agreed in writing. The payment is made only when funds have fully cleared through the banking system into our bank account.
6.4 The Customer agrees to pay the undisputed amount in any invoice where the Customer has notified Restoration Experts that any charge is in dispute.
6.5 If payment of any amount due is not received by the Due Date, you are in default and agree to pay interest at the base rate in “The Act” plus a 2.0% premium per month from the date payment was due until the date payment is received on the balance outstanding calculated in accordance with S12 of The Act. The right to charge interest is in addition and without prejudice to our other rights in respect of non or late payment.
6.6 If payment on any invoice issued is overdue by 7 days or more from the Due Date, we may decide to suspend performing the service until the amount overdue and accrued interest is paid in full before any further service will be performed.
6.7 We may refuse to continue any unfinished Service notwithstanding that all amounts owing up to the
date of suspension has been paid.
6..8 Any amount that is paid which is less than the amount on any invoice issued is not accepted in full
and final settlement, but rather held on account in part payment only of the invoiced amount, unless we agree in writing to accept the amount in full and final settlement.
6.9 If the Service is cancelled subject to 12.1 or 12.2(a), the Customer agrees to pay Restoration Experts the amount of $300.00 or any other amount as in 12.2(b) below.
7.0 Services
7.1 We provide residential and commercial cleaning services, flood restoration services, water extraction, carpet cleaning and sanitising, general cleaning, curtain, and blind cleaning, flood restoration, fire restoration, mould treatment, end of tenancy cleaning, floor sanding, tile and grout cleaning, painting, and any other type of service that we offer on our website at www.cleaningpro.co.nz
7.2 We offer our services within 30 km of Auckland CBD
8.0 Customer Obligations
8.1 It is the Customer’s sole responsibility, subject to clauses 3.1, 3.3, and 7.0 that at any time before starting or during the Work to fully understand the nature, extent, and manner in which we will complete the Work.
8.2 The Customer agrees to always provide power and water services at the property while the Work is carried out.
8.3 The Customer agrees to provide Restoration Experts with onsite parking, and at all times unimpeded access to the address to deliver and remove all necessary equipment, and to fully complete the Work.
8.4 The Customer must remove all items from the floor areas where Restoration Experts is to Work.
8.5 The Residential Dwelling must be unoccupied at the time the Work is carried out.
8.6 The Customer agrees that all pets must be removed from the Property prior to the start of the Work.
8.7 The Customer must provide a key for access to the property and alarm codes where necessary.
8.8 The Customer must not use video cameras or CCTV of any kind to record any employee or contractor of Restoration Experts while they are on the Property.
8.9 If any video camera or CCTV of any kind, installed on the Property is unable to be switched off, the Customer agrees to:
(a) notify Restoration Experts prior to the commencement of the Work.
(b) deliver to Restoration Experts upon written request a copy of the recording made.
8.10 The Customer agrees to hold a current policy of insurance over any dwelling, commercial building, all contents, and all plant, and machinery where the work is to be performed.
9.0 Dispute
9.1 The Customer agrees to send to Restoration Experts notice in writing subject to clause 14.0 of any dispute arising under the Agreement by either:
(a) delivering the notice personally to an employee of Restoration Experts at the Property; or
(b) by delivering the notice to the registered Address for Service of Restoration Experts; or
(c) by email, and you will keep and provide when we request the “delivery and or Read” receipt of the email notifying us of the dispute, and.
(d) the notice must be sent to Restoration Experts either before the Work is completed or no later than the next following business day after the completion of the Work.
10.0 Accidents, Breakage, Damage & Theft.
10.1 The Customer agrees to notify Restoration Experts in writing subject to clause 14 of any accident, breakage, damage to any item and alleged theft either before, or no later than the next following business day after the completion of the Work.
10.2 Restoration Experts will not accept a claim for any loss if notice is not given subject to clause 10.1.
10.3 The Customer agrees to remove from the Property or store securely, before the commencement of the Work all cash, jewellery, art, antiques, rugs, and all items of sentimental value.
10.4 The Customer will notify their insurance underwriter within 24 hours of any accident, breakage, damage to any item, and alleged theft, and give us the name and contact details of the underwriter.
11.0 Completion of Works
11.1 Upon completion of the Works, Restoration Experts will perform a final “walkthrough” inspection with the Customer. Upon completion of the walkthrough inspection the client must either approve the Works or notify Restoration Experts of any defects, breakage, damage or thefts.
11.2 For avoidance of doubt, the Customer’s approval of the work following the walkthrough referred to in 11.1 above is considered “completion of the work” for the purpose of clause 10.1 and 13.
12.0 Cancellation
12.1 The Customer agrees to give Restoration Experts 24 hours written notice if the service is to be cancelled, postponed, or suspended, and will pay Restoration Experts a cancellation fee of $300.00 inclusive of GST if:
(a) notice of cancellation is given less than 24 hours before the commencement of the Service.
(b) the Customer cancels the service for any reason when we arrive at the Property.
(c) the Customer has failed to provide access to the Property subject to 8.3 and 8.7.
(d) the Customer refuses to allow us to fully carry out the Work when we are on-site at the property subject to 8.3
12.2 The Customer agrees to have cancelled the Service if any Hazard in 24.0 below is not removed either prior to or during the performance of the Service, the Customer shall pay:
(a) a cancellation fee of $300.00 as in 12.1 above, or
(b) the Price of the Service performed up to and including the time of cancellation.
Whichever is the greater.
13.0 Limitation of Liability
13.1 We will in good faith consider any bona fide complaints regarding our cleaning Service which is
raised by the Customer in writing either before, or no more than 24 hours after the completion of
the Service.
13.2 If we agree to re-perform any service as in 13.1 above, the Customer agrees:
(a) to be present at the Property at the same time we are re-performing the Service; and
(b) confirm in writing to us that the performance of the Service has been accepted by you before
we leave the Property.
13.3 If you fail or refuse to be present on the day of the Service, you agree to withdraw your complaint
and pay all amounts owing subject to 6.2 and 6.3 above.
13.4 If we cause an accident of any kind or break any item, you agree to notify us in writing within 24
hours after the completion of the Service subject to 10.1 and 10.2 above.
13.5 Where the Customer acquires the Goods or Services for the purposes of business, it agrees and acknowledges that it is not a “consumer” as defined by the Consumer Guarantees Act 1993 (“the Consumer Act”) and that the Goods or Services supplied to it are for the purpose of business; and the Customer further agrees that the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or implied by common law will not apply and are excluded from these Terms of Trade including the right to consequential losses are expressly excluded pursuant to section 43(2) of the Consumer Act.
13.6 Our liability subject to 10.1 above shall in no circumstances exceed either:
(a) the amount of $100.00 per item, up to a maximum of $500.00 if we do not claim on our current insurance coverage; or
(b) the policy excess amount deducted by our insurance underwriter in settlement of any claim subject to 10.1.
13.7 We shall have no further liability or responsibility for any losses of profits, revenue, business opportunity, anticipated savings, wasted overheads, and damage to goodwill, direct, indirect, or consequential injury, loss, or any damage whatsoever and howsoever arising.
14.0 Notices
14.1All notices required or permitted under these Terms of Trade shall be in writing and shall be delivered personally or sent by email.
14.2 Any such notice shall be deemed given when so delivered personally or if sent by email on the next following business day.
14.3 If the Customer sends any notice by email, a copy of the “delivery and or Read” receipt will be provided to us when requested.
15.0 Default
15.1 We reserve the right to recover from the Customer or any other party all costs and/or expenses incurred in instructing a solicitor or debt collection agency to recover any amount overdue for payment (including any amount owing on any Order issued by the Disputes Tribunal or on any Judgment unpaid) and such costs and expenses shall bear interest as provided for in 6.5 above until the date of payment.
15.2 We reserve the right to refer any amount overdue for payment to Specialist Collections & Consultants Limited, their agent, assigns, or nominee for collection and you agree to pay their reasonable costs of collection for time and attendances incurred to collect the overdue amount from you.
15.3 The Customer agrees that Specialist Collections & Consultants Limited or any other duly appointed debt collection agency is acting as our agent and has authority to act on our behalf to negotiate and resolve any dispute, and you agree to pay their reasonable costs for the time and attendances they incur, to either negotiate a settlement amount with you and which you agree to pay, or up to a hearing date in the Disputes Tribunal or District Court or any time before.
15.4 The Customer at all times agrees, when instructed by us, to engage directly with Specialist Collections & Consultants Limited, or any other debt collection agency to pay any amount overdue or resolve any dispute.
16.0 Privacy Act 2020
16.1 Restoration Experts or their duly authorised agent may at any time collect, hold and use information relating to this Agreement for any purpose directly connected with its business including (but not limited to) direct marketing, debt recovery, credit reporting or assessment, and to register any security interest, including collecting information from, and disclosing information to, related companies, external credit reporting agencies, debt collection agencies, trade referees and other third parties including all Government Departments.
16.2 The type of information Restoration Experts collects may vary depending on the nature of our connection with you but is likely to include: names, addresses, contact details, dates of birth, occupations, evidence of source of funds, and any other information which assists us in achieving our business purposes as described in 12.1.
16.3 Information disclosed by Restoration Experts or their agent to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services. Restoration Experts or its agent may notify any credit reporting agencies where any amount owing under this agreement has been outstanding for 30 days or more.
16.4 If any information that we require is not provided, Restoration Experts reserves it’s right to delay provision of its services or perform its obligations until such time as it is provided directly by the client. Except where forbidden by law, we will collect personal information from the individual concerned either directly or indirectly, from third parties (such as using cookies on our website to analyse traffic or a reference given from another person), and from publicly available sources.
16.6 We will endeavour, within reason, to ensure that any information we hold is accurate before we use or disclosure such information. Any such information can be accessed or corrected at the request of the individual whom the information is about.
16.7 It may be necessary for us to disclose personal information to companies or people we work with, agencies which may be able to verify your information, social media sites, courts, tribunals, and regulatory authorities. We may disclose personal information to anyone else where disclosure is authorised by the individual, or where we are required to by law.
16.8 Any client who provides personal information will be advised of:
(i) The agency that is collecting the information; and
(ii) the agency that will hold the information.
(i) The particular law by, or under, which the collection of the information is required or authorised; and
(ii) Whether the supply of that information is voluntary or mandatory.
17.0 Variation
17.1 These terms shall not be modified or varied unless expressed in writing and agreed to by Restoration Experts and the Customer.
18.0 Terms to Remain Current.
18.1 The Customer agrees that these Terms of Trade will continue and apply to all future requests for the supply of Services.
18.2 The Customer may request to cancel these Terms of Trade at any time by giving notice in writing subject to clause 14.
19.0 Force Majeure
19.1 We shall not be liable for any delay or failure to perform any obligation in whole or in part under these Terms of Trade or any loss or damage (including indirect or consequential loss or damage) if such delay or failure is due to Force Majeure (as that term is commonly understood). Nothing in this clause 19 shall excuse payment of any amount owing as it becomes due under the terms of trade.
20.0 Electronic Communications
20.1 We may communicate with you electronically from time to time, including sending you Commercial Electronic Messages (as defined in the Unsolicited Electronic Messages Act 2007) and by agreeing to this Contract you consent to such communications.
20.2 Electronically transmitted information cannot be guaranteed to be secure or virus or error free and consequently such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use. We will not be liable to you in respect of any error, omission or loss of confidentiality arising from or in connection with the electronic communication of information to you. If you do not accept these risks, you should notify us in writing that you do not want us to communicate electronically with you.
21.0 Indemnity
21.1 Except where we have expressly accepted responsibility to you under these Terms subject to clause 13.6(a), (b), you will keep us protected against any legal action taken against us and pay any costs, losses, or expenses we incur in connection with your use of our services or any failure by you to comply with these Terms.
22.0 Guarantee
22.1 The customer agrees and acknowledges that Restoration Experts may as a term of their trade, at any point, require the customer to nominate one or more Guarantor(s) to secure the indebtedness of the customer and require those Guarantor/s of the Customer to enter into a Deed of Guarantee, as prepared by Restoration Experts.
22.2 The Guarantor/s of the Customer jointly and severally unconditionally guarantee to Restoration Experts the due and punctual payment by the Customer of all outstanding monies and agree to keep Restoration Experts fully indemnified against all damages, losses, costs, and expenses arising from any failure of the Customer to pay the monies hereby guaranteed
22.3 It is agreed between Restoration Experts and the Customer that the Guarantee signed by the Guarantor/s can be relied upon between the parties.
22.4 The Guarantor/s have received a copy of the Terms of Trade.
23.0 General Terms
23.1 In the case of any conflict between these terms or any other document provided by Restoration Experts, these terms shall prevail.
23.2 Where Restoration Experts fails to enforce any term/s or fails in any way to exercise its rights under these terms, Restoration Experts shall not be deemed to have waived those rights with respect to any breach or subsequent breach of any term/s.
23.3 If any of these terms are held to be invalid or unenforceable for whatever reason, the remaining terms shall remain in full force and effect between the parties.
23.4 The Customer by making an Order for Work by any medium does so on the basis that the Customer has read, understood, and agrees in writing to be bound by these Terms of Trade before the commencement of the Work. Restoration Experts requests the Customer to seek independent legal advice before signing these Terms of Trade, and if the Customer refuses to take such advice, agrees to be bound unconditionally to these Terms of Trade.
23.5 These terms are governed by and shall be construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters and things arising out of these terms.
23.6 At any time Restoration Experts may assign or subcontract any of their rights, title, interest, and obligations under these Terms of Trade.
23.7 The Customer may not assign or subcontract any of their rights, title, interest, and obligations
under these Terms of Trade without first obtaining the written approval of Restoration Experts.
24.0 Construction Contracts Act 2002
24.1 If Restoration Experts carries out any Work that is defined by S6 of the Construction Contracts Act 2002 (“Construction Act”) as Construction Work, it is agreed:
(a) the Price of the Construction Work is defined in 5.0 above.
(b) that payment for all Construction Work is due in 6.2 above.
(c) The Customer will pay all variations as agreed in 5.2(a) above.
24.2 We have the right to request progress payments under the (“Construction Act”) and calculated in accordance with S17(2)
24.3 The Customer agrees to provide us with a payment schedule required by S21 of The Act within 5 workings days of receiving the payment claim.
24.4 The Customer agrees to notify any dispute under the (“Construction Act”) to us as required in 9.0 above, and to
(a) act fairly, always in good faith, and always will attempt to resolve their differences, and
(b) provide in writing the date the alleged breach took place by including, the full details of the dispute, the amount, if any relating to the dispute, and what is required to remedy the dispute.
(c) pay the undisputed amount in any invoice as in 6.4 and pay the agreed amount in any payment schedule as in s21 of the Construction Act.
24.5 The parties agree that if the dispute cannot be resolved between themselves within 10 working after receiving such notice, a Mediator will be appointed, and:
(a) the party advancing the dispute will instruct a mediator who will have the necessary knowledge, skill, and previous experience in similar disputes to assist the parties to reach an agreement.
(b) if both parties reach an agreement at Mediation, they agree to fulfil and to be bound by the terms of the Mediation agreement.
(c) the party advancing the dispute agrees to pay all costs, including solicitor’s costs associated with the Mediation regardless of whether an agreement is reached between the parties.
24.6 The parties agree that in the absence of an agreement at Mediation or if there is a breach of any of the terms and conditions of the mediation agreement, either party can immediately refer the matter to any Court or Tribunal for determination.
25.0 Health and Safety
25.1 The Customer agrees to allow any employee or contractor of Restoration Experts to wear closed-toe, non-skid shoes of any description inside the Property at all times to perform the Service.
25.2 The Customer agrees to remove all Health and Safety Hazards from the property either before the commencement of the Service or at any time during the performance of the Service when requested by us.
25.3 The Customer agrees to allow us to perform, when requested, a Health and Safety risk assessment at the Property prior to the commencement of the Service and will remove all Hazards requested by us.
25.4 The Customer agrees to have cancelled the service by failing to remove any Hazard when requested to do so and will pay the Price in 12.2 above.
26.0 Counterpart execution and electronic signing
26.1 These terms of trade may be executed in any number of counterparts, all of which together shall constitute one and the same instrument, and either Restoration Experts or the client to these terms of trade may execute their agreement by electronically signing any such counterpart.
26.2 By executing these terms of trade in any number of counterparts, Restoration Experts and the Customer acknowledge an electronic signature is reliable for the purposes of determining their approval of an agreement to these terms of trade.
26.3 By executing these terms of trade in any number of counterparts, Restoration Experts and the Customer consent to receiving each other’s agreement to these terms of trade by electronic signature.
27.0 Curtain and Blind Cleaning
27.1 The Customer agrees that Restoration Experts can change the quoted Price subject to 5.2(a) if upon inspection it is determined that the Customer measurement of any blind and or curtain is incorrect, and further extra effort is required in cleaning.
27.2 The Customer accepts that the thermal lining of curtains can become fragile when exposed to sun and heat, and during washing the thermal backing may tear and disintegrate which is not the fault of Restoration Experts.
27.3 The Customer accepts that during cleaning some fabrics may shrink, and provided that there is extra material folded underneath, at the bottom of the Curtain, Restoration Experts will attempt to extend the curtain, as close as possible, to its prior length at no cost to the Customer, and any shrinkage is not the fault of Restoration Experts.
27.4 Any Price that we give over the phone or in an email to clean curtains above 3.0 metres in height and or 3.5 metres in width is an estimate only and subject to change. We will provide a quotation after taking measurements at the Property.
27.5 The Customer agrees that Restoration Experts cannot guarantee the successful treatment and removal of any stain depending upon the type of fabric, age, and characteristics of the stain, and the failure by Restoration Experts to remove any stain is no reason to withhold payment.
