Terms of service

Terms of Trade

Updated 2023

Conditions Applicable

1.1 A Job Order means a request, either verbally or in writing, by you for us to supply services and includes specifications, plans and project briefs whether prepared by you or by us.

1.2 These Conditions shall apply to all Job Orders, to the exclusion of all other terms and conditions, including any terms and conditions which you may attempt to apply under any purchase order, confirmation of order or similar document.

1.3 All Job Orders are an offer by you to engage us subject to these Conditions.

1.4 When we commence work under a Job Order it shall be conclusive evidence of your acceptance of these Conditions.

1.5 Any variation to these Conditions (including any special terms and conditions agreed between us) shall be inapplicable unless agreed in writing us.

2. The Services we shall supply

2.1 The Services which we agree to provide under a Job Order are described in the acceptance email accompanying these Terms.

2.2 You shall ensure that any Job Orders are sufficiently detailed and specific to allow us to complete such Job Orders to your satisfaction. We shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by you. We shall bear no responsibility for any goods supplied in compliance with those plans and specifications.

2.3 Each Job Order shall constitute a separate contract between us.

3. Project Work

3.1 Where we are supplying our Services on an on-going project basis for you, you shall appoint a representative to act as the principal point of contact between us and who shall be responsible for ensuring adequate and timely instructions or assistance is provided to us.

3.2 We may seek written approval to proceed at various stages of the project and it shall be your representative’s responsibility to carefully check and provide such written approval before we are obliged to move to the next stage of the project. Any failure by your representative to provide written approval shall not affect the Price payable and we shall not be liable for any errors in a Job Order where the Job Order corresponds with a written approval signed by your representative.

3.3 Any variations to a Job Order shall not be valid unless set out in writing by the Client Representative.

3.4 Additional charges may be levied for any variations to the original Job Order on a time and materials basis.

3.5 We may require payment of a deposit or staged payments each month or at significant milestones during the project. We are under no obligation to commence or continue with work until such deposits or staged payments are paid. A request by us for a staged payment does not necessarily mean that work up to that stage will have been completed at the time of the request. All deposits are non-refundable.

4. Price and payment

4.1 Price: The Price shall be the price calculated in accordance with our published price list, current at the date of performance of the Services – see below for our current Price List. Materials are charged at suppliers’ recommended retail rate in addition to our charges.

4.2 Deductions: You may not withhold payment of any invoice or other amount by reason of any right of set off or counterclaim which you may have, or allege to have, or for any reason whatever.

4.3 Estimates: From time to time we may provide an estimate for the work to be carried out. Where an estimate is provided it shall be regarded as an estimate only based upon the number of hours we anticipate the Job Order will take based on your instructions. We reserve the right to charge you a sum in excess of the estimate where the Job Order takes longer than estimated.

4.4 Quotes: We may also provide a fixed price quote for a Job Order. Quotations must be accepted within the time limited for acceptance in order to be valid.

4.5 Payment: Payment of the Price shall be of the essence and shall be due: (a) For non-account customers: On completion of work; (b) For account customers: within 7 days of invoice.

4.6 The Price may be paid by cash, direct payment to our bank account, or credit card.

4.7 Unless an invoice contains a manifest error, all invoices are deemed accepted by you 5 days after delivery to you.

4.8 Invoices not paid on time are liable for a late payment penalty fee of $185.

4.9 If, during the performance of the contract, the price of the material significantly increases, through no fault of the contractor (Haus Plumbing), the price shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increases

5.0 If an outstanding balance isn’t paid by due date or by arranged date, then invoice balance will are referred to BayCorp for collection and a fee of 25% of the outstanding balance will be applied to cover collection costs.

5. Time for performance

5.1 Whilst we will use reasonable endeavours to ensure the start or completion of any Job Order by the dates agreed and achievement of agreed milestones by the dates agreed, having regard to the availability of personnel, supplies, facilities and commitments to other customers, any dates quoted for the commencement or completion of a Job Order are estimates only and time shall not be of the essence. We shall not be liable to you for the late completion of any Job Order.

5.2 We may sub-contract any part of the supply of Services.

5.3 Strikes, etc: We are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, accidents, fire, and failure of manufacturers to deliver and any other events beyond our reasonable control.

6. Ownership and risk of materials supplied with Job Order

6.1 Ownership: Any goods or materials supplied by us shall remain our property until paid for in full and while any money is due to us. If any money remains unpaid or you are in breach of any obligation to us, we or our agents are authorised by you to enter your premises to recover and resell any or all of those goods or materials. We may require you to facilitate registration of a financing statement under the Personal Property Securities Act 1999 to give us a Perfected Security in any goods supplied.

6.2 Risk: All goods and materials are at your risk while on your premises or premises under your control. Any loss arising from theft, destruction or damage from whatever cause shall be borne by you. Please ensure they are covered by your insurance.

7. Consents

7.1 You are responsible for obtaining any consent or other authority necessary for the work, prior to your requesting our commencement.

8. Cancellations

8.1 If you wish to cancel a Job Order and you have paid a deposit you must notify us within 72 hours of the start time of the Job Order for a full refund of the deposit.

8.2 If less than 72 hours’ notice is given we are only obliged to refund 20% of the deposit.

8.3 If less than 12 hours’ notice is given then there is no refund.

8.4 There is no charge to reschedule work.

9. Termination

9.1 Where you breach these Conditions and such breach is capable of remedy, we may terminate all agreements with you where you have been given reasonable notice of the breach and it has not been remedied within the time stipulated.

9.2 Otherwise, where you:

(a) fail to make payment of the Price; or

(b) commit any other breach of these Conditions;

(d) offer to make any arrangement with your creditors;

(e) any bankruptcy petition is presented against you;

(f) are unable to pay its debts as they fall due;

(g) if being a Limited Company any resolution or petition to wind you up (other than for the purposes of amalgamation or reconstruction without insolvency) is passed or presented;

(h) a receiver, administrator, administrative receiver, or manager is appointed over the whole or any part of your business or assets; then all sums outstanding in respect of any Job Orders shall become payable immediately.

9.3 In addition, we may, in our absolute discretion, and without prejudice to any other rights we may have:

(a) Suspend all future supply of Services to you; and/or

(b) Terminate all Job Orders without liability on our part; and/or

(d) Collect any sums owing, in which case you shall be liable for any collection costs incurred on a solicitor / own client basis.

10. Warranties and insurance

10.1 In order to give you peace of mind, we carry insurance in respect of any negligent work carried out by us. However, please read this clause and clause 11 to understand the extent of our liability to you.

10.2 Where the Services are supplied for personal, domestic or household use or consumption and the Consumer Guarantees Act 1993 applies to a Job Order;

(a) If any of the Services fail to comply with any guarantee in the Consumer Guarantees Act, we will remedy the problem at no cost to you.

(b) Without excluding our obligation under the Consumer Guarantees Act 1993, you acknowledge that we do not provide any express guarantees (as defined in that Act) other than those expressly confirmed by us in writing.

10.3 If the Goods are acquired by you for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.

10.4 The following terms apply where the Consumer Guarantees Act 1993 does not apply to a Job Order or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:

(a) Defective Services or Services which do not comply with a Job Order may, at our discretion, be rectified, or the price refunded.

(b) Any right which you may have to reject non-conforming or defective Services will only be effective if:

(i) You notify us in writing within 48 hours following completion of the Job Order.

(ii) We will not fix any problem so long as you are in default in relation to any amount owing.

(c) We accept no liability for any claim by you, or any other person including, without limitation, any claim relating to or arising from:

(i) Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for purpose, tolerance to any conditions, merchant ability or otherwise, whether expressed or implied by law, trade, custom or otherwise, or:

(ii) Any representation, warranties, conditions or agreements made by any agent or representative which are not expressed confirmed by us in writing, or any services forming part of the supply of the Services which have been performed by any third party, and you agree to indemnify us against any such claim;

(iii) Where we cause damage and that damage arises from carrying out your instructions.

11. Exclusion of Liability

11.1 We shall be under no liability whatsoever to you for any indirect or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these Conditions.

11.2 Limitation of liability

(a) In the event of any breach of these conditions by us we are liable to you only for reasonably foreseeable claims, damages, liabilities, losses or expenses caused directly by the breach. We shall not be liable to you for any indirect, consequential or special loss, or loss of profit, howsoever arising, whether under contract, in tort or otherwise (including the Fair Trading Act).

(b) The maximum aggregate amount payable, whether in contract, tort or otherwise (including the Fair Trading Act), in relation to claims, damages, liabilities, losses or expenses, shall be five time our fee with a maximum limit of $50,000 (including GST and disbursements).

11.3 You shall indemnify us for all loss or damage arising by reason of your negligence or the negligence of your employees or contractors, or any breach by you of these Conditions.

11.4 You shall carry all necessary insurances to protect yourself from any damage or liability.

12. Dispute Resolution Process

12.1 If you are unhappy with the work done, the quality of the workmanship or the price charged, you must notify our admin team at info@hausplumbing.co.nz in writing stating what you are unhappy with. We strive to maintain a high quality and professional service and will do our best to resolves any issues.

12.2 We do our best to ensure that our workmanship is to your satisfaction, in the unlikely event that there is a claim for a refund or overcharge, please contact the office immediately on 0800 888 380 or info@hausplumbing.co.nz. If there has been an overcharge or a double payment to your credit card please send a PDF copy of your statement to the email above and you will be contacted promptly.

13. Privacy Act

13.1 You authorise us to use information collected from you and to collect information from third parties for purpose relating to performance under this agreement.

14. Confidentiality

14.1 Incidental to this agreement we may each be exposed to confidential information belonging to the other. We both agree that we will keep such information confidential and shall only use that information for the purposes of complying with our respective obligations under this agreement

OVERVIEW
This website is operated by www.hausplumbing.co.nz. Throughout the site, the terms “we”, “us” and “our” refer to www.hausplumbing.co.nz. www.hausplumbing.co.nz offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall www.hausplumbing.co.nz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless www.hausplumbing.co.nz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@hausplumbing.co.nz
Our contact information is posted below:
Haus Plumbing & Gas Limited
info@hausplumbing.co.nz
68 Ward Road, Matakana
0800 888 380
NZBN: 9429041051207
GST 113-318-147