Terms and conditions

1. Definitions
In these conditions unless the context otherwise requires:

“Business” means Gutter Rats Limited but also includes Gutter Rats (Taupo) Limited, Gutter Rats (Cambridge) Limited and Gutter Rats (Rotorua) Limited.

“Client” means the person buying the Services from the Business.

“Services” mean the services being purchased by the Client from the Business conditions.of the Services, incorporating by reference these terms and

“Contract” means the contract between the Business and the Client for the purchase of the Services, incorporating by reference these terms and conditions.
“Date of the contract” means where the contract arises from a quotation given by:

the date of acceptance of the order by the Business; or Business
the date upon written notification of acceptance of the quotation is received by the the Business.

“Contract price” means the price of the Services as agreed between the Client and

“Person” includes a corporation, association, firm, company, partnership or individual. carried out.
"Premises” includes property, building or structure where the Services are to be “Quotation” shall mean a price on offer for a fixed term.

2. Quotation

The Client may request a Quotation from the Business setting out the price of the Services to be supplied. If the Quotation is acceptable to the Client, the Client may place an order within a timeframe acceptable to the Business. If accepted by the Client, the Quotation shall become the Contract Price.

3. Acceptance

3.1 If any instruction is received by the Business from the Client for the supply of the Services, it shall constitute acceptance of the Quotation and of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Client, the terms and conditions are definitive and binding.

3.2 These terms and conditions and any subsequent terms and conditions issued by the Business shall apply to all orders for the Services made by the Client after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Client. It shall be the Client’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Client, and accordingly any order made by the Client after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.

3.3 The Business may cancel the Contract at any time after inspecting the Premises, prior to carrying out the Services, if the Premises are unsafe, unsuitable, or in a state of disrepair.

4. Price

4.1. The Price shall be as indicated on invoices or Quotations provided by the Business to the Client in respect of the Services supplied; or

4.2. The Client agrees that the Price shall be determined by the Business and shall take into consideration “one-off” costs such as special equipment or materials.

4.3. The Business reserves the right to implement a surcharge for alterations to specifications of the Services after the order has been placed.

5. Payment, Deposit, Late Payment, Default of Payment and Consequences of Default of Payment

5.1. Time for payment for the Services shall be of the essence and will be stated on the invoice, Quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated, standard terms of payment are payment in full upon provision of an invoice by the Business to the Client following delivery of Services. If arranged in advance and confirmed in writing by the Business or its appointee, the Business may pay based on normal trading terms, being on or before the 20th of the month following the date of the Business’s invoice to the Client, which shall be issued promptly on or after delivery of the Services.

5.2. The Business reserves the right to request periodic deposits/downpayments pending completion or installation of the Services of up to 50% of the overall cost prior to the rendering of a tax invoice on completion. Any deposit/downpayment received from the Client is to be credited to the Clients account in reduction of the balance payable pursuant to any Tax Invoice rendered upon completion.

5.3. The method of payment will be made by cash, direct credit, or any other method as agreed between the Client and the Business.

5.4. Late payment shall incur interest at the rate of 12% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Business, but without prejudice to the Business’s other rights or remedies in respect of the Client’s default in failing to make payment on the due date.

5.5. Without prejudice to any other remedies the Business may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Business may suspend or terminate the supply of the Services to the Client and any of its other obligations under the terms and conditions. The Business will not be liable to the Client for any loss or damage the Client suffers because the Business exercised its rights under this clause.

5.6. Should the Business need to take steps to recover any unpaid invoices (“enforcement action”), the Client agrees to meet all and any costs of enforcement action including court fees and charges and full solicitor/client costs of any such enforcement action.

5.7. In the event that:

a. any money payable to the Business becomes overdue, or in the Business’s opinion the Client will be unable to meet its payments as they fall due; or
b. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client; then without prejudice to the Business’s other remedies at law, the Business shall be entitled to cancel all or any part of any Contract with the Client that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Business shall, whether or not due for payment, immediately become payable.

6. Governing Laws
These terms and conditions are governed by the laws of New Zealand, and the parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.

7. Dispute Resolution
The Business will endeavour to resolve any dispute between the Client and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

8. Severability
In the event that any portion of these terms and conditions is viewed as unenforceable by any Court with jurisdiction to consider such clauses, the clause shall apply as modified by the Court, or in the event it is not modified by the Court, the remainder of these terms and conditions shall continue to be enforceable by the parties.

9. Warranty

9.1. If a Client is dissatisfied with any aspect of the Services provided by the Business, the Business warrants that it will repair or make good any defects in the Services, if written notice of the claim is received by the Business within 24 hours of the job being completed. No claim shall be accepted under such warranty if any attempt to repair the defective Services is made by any person not authorised by the Business, or if
the defective Services have been modified or incorrectly stored, maintained or used.

9.2. If no such claim is received within 24 hours of completion of the Services the Client is deemed to have accepted the Services.

9.3. Clients who are not in occupation of the property where the Services are being carried out may request photographs of the Premises before and after the Services are carried out as evidence of completion of those Services.

10. Guarantee

In the event that the Client is a company or some other entity, the person who orders the Services personally guarantees payment owing and acknowledges that no indulgence, granting of time waived or forbearance to sue, or the winding up or bankruptcy whereby the guarantor would be released as a surety in anyway, releases the guarantor from liability hereafter.

11. Right of Variation
The Business reserves the right at any time to vary these terms and conditions, by notification to its customers.

12. Consumer Guarantees Act 1993
Where the Services are supplied for business purposes the parties expressly agree that the provisions of the Consumer Guarantees Act 1993 do not apply.

13. Liability

13.1 For the purpose of this clauses 13.2 and 13.3 the Business includes and extends to the Business, the Business’s directors, the Business’s employees, the Business’s representatives, the Business’s Contractors, and/or the Business’s agents.

13.2 Notwithstanding anything in these terms and conditions or at law or in equity to the contrary but subject to the Business’s obligations under the Consumer Guarantees Act (if applicable):

a.The Business will not be liable for any direct, indirect or consequential loss suffered by the Client arising howsoever from:
i) Any breach of these terms and conditions by the Business;
ii) The Services including, without limitation, gutter cleaning and any other Services undertaken by the Business and included in the Quotation;

iii) Any failure of the Services to meet reasonable industry standards for any reason whatsoever (including, without limitation, negligence);

b.The Business’s liability in relation to these terms and conditions and all related matters (whether arising under contract, tort (including negligence) equity or otherwise) will be limited, at the Business’s election, to the Contract Price or re-supply of the Services; and

c. The Client indemnifies the Business against all and any claim(s) by any third party for losses, including legal costs on a solicitor and client basis, (whether arising under tort (including negligence) equity or otherwise) arising from:
i) Any act of, or omission by, the Business in its performance of these terms and conditions; a
ii) Any act of, or omission by, the Client in its performance of these terms and conditions.

13.3 Without limiting clauses 13.1 and 13.2, the Client acknowledges for the avoidance of doubt:
a. The Business shall not be liable for any direct, indirect or consequential loss suffered by the Client arising howsoever from:
i) Any physical loss or damage to the Premises arising directly or indirectly, in whole or in part, from the property owner or occupier’s
failure to maintain the Premises and keep it in good order and repair.

Version: October 2021