Fortis Weld Inspection Ltd
Terms and Conditions
“CUSTOMER” shall mean the individual, company, partnership or other entity engaging the services of Fortis Weld Inspection Ltd and any person acting on behalf of the customer.
“CONTRACTOR” shall mean the Fortis Weld Inspection Ltd
1.0 Bookings/Appointments
1.1 The Customer, by these terms and conditions, engages the Contractor to undertake the services detailed by the Customers request and the Contractor has agreed to perform the services for the Customer at the Contractor’s fees as stipulated by an agreed, pre-arranged quotation or by the Contractor’s rates.
1.2 The Contractor represents to the Customer that the Contractor has all the necessary skills, experience and knowledge to perform the services to a proper standard.
2.0 Variations, Rates and Payment
2.1 The Customer has agreed to pay the Contractor’s fees on or before the date as agreed by the Customer and Contractor.
2.2 The Contractor has the discretion to decide payment terms for the Customer, either on the delivery of services or the date of the invoice or, seven days after the delivery of services or seven days after the date of the invoice, or on or before the 20th of the following month from the date of the invoice (if and only if credit application is approved for the customer).
2.3 The method of payment of the Contractors fees will either be by bank deposit or cash.
2.4 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
2.5 Any expenses, disbursements and legal costs incurred by the Contractor 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.
2.6 The customer agrees to pay after-hours rates of 1.5 times the contractor's hourly charge-out rates for work done outside of normal business hours. Normal business hours are defined as 7:30 am to 5:00 pm Monday to Friday.
2.7 The customer agrees to pay after-hours rates of 2 times the contractor’s hourly charge-out rates for work done on Sundays or Public Holidays.
2.8 Prices and quotes are exclusive of GST.
3.0 Standard of Services
3.1 The Contractor will conduct the services in a competent manner. Where there are any applicable industry standards and codes, they will (to the extent to which they are not inconsistent with any of the terms of the Agreement) be at all times complied with by the Contractor. All those standards and codes to the extent they are not inconsistent with the terms of the Agreement are to apply as if they were express terms of this Agreement.
3.2 The Contractor represents to the Customer that the Contractor and all the Contractor’s employees and authorized subcontractors are properly trained or qualified, experienced, licensed where applicable and competent to perform and will perform the services to the required standards and/or codes.
4.0 Equipment and Materials
4.1 The Contractor will provide the necessary equipment and materials to properly perform the service, unless as otherwise agreed. All equipment will be properly maintained, be capable of being used to perform the services, and be safe for use.
5.0 Variation to the Services
5.1 The Customer may require a variation to the services from what was originally requested and/or quoted. The Contractor will provide a quote for the variation, if required or by agreement with the Customer. If the Customer does not accept the quotation, the Contractor is not obligated to carry out the variation.
5.2 The Customer must pay for the variation in the manner and timeframe set out in the Contractor’s quotation or by clause 2.0 of the Terms and Conditions.
6.0 Workplace Health and Safety
6.1 If the services are to be performed on the Customers property, the Customer must ensure that at all times the property is safe and that all facilities provided by the Customer for the purposes of carrying out the services are also safe.
6.2 The Contractor will ensure that at all times whilst performing the services, it uses safe and proper procedures and practices. The Contractor will ensure that all its employees are properly trained and observe all proper safety practices. Where standard protective equipment or clothing is required it will be supplied by the Contractor and the Contractor will ensure that these are used at the relevant times. Where specialist protective equipment is required it will be provided by the Customer or by the Contractor upon negotiation with the Customer.
7.0 Breach by Contractor
7.1 If the Contractor breaches any of its contractual obligations under the agreement and fails to remedy the breach of the agreement promptly or in any event within 5 days then the Customer may by written notice to the Contractor terminate the agreement.
7.2 If the Customer terminates the agreement, the Customer must pay for the services performed until the date of termination of the agreement minus any loss or additional cost that the Customer may incur to have the remainder of the services completed.
8.0 Breach by the Customer
8.1 If the Customer fails to pay the whole or any part of the Contractor’s fees in the timeframe laid out in the Contractor’s invoice (2.0 Variations, Rates, & Payments), or without reasonable or lawful excuse in writing, the Contractor may at its discretion pursue the following:
8.1 a) Suspend the performance of a service or withhold paperwork until outstanding fees are paid; and/or
8.1 b) Serve a written notice to the customer requesting the outstanding amount of the Contractor’s Fees to be paid immediately and up to 7 working days from the written notice and if not paid the Contractor may terminate the agreement; and/or
8.1 c) Sue the Customer for the outstanding Contractor’s Fees as debt immediately due and owing.
9.0 Confidentiality
9.1 The Contractor undertakes to keep Customer information acquired whilst providing services for the Customer private and confidential and will not disclose any information without prior consent from the Customer.
9.2 The Customer undertakes to keep Contractor information acquired whilst using the services of the Contractor private and confidential and will not disclose any information without prior consent from the Contractor. Anything in the public domain (i.e. www.fortisweldinspection.co.nz) is not considered private and confidential.
10.0 Intellectual Property
10.1 If the services provided by the Contractor require the creation of any intellectual property, the Customer acknowledges that the Contractor is the legal beneficial owner of all such intellectual property unless otherwise agreed to in writing prior to the services being performed.
11.0 Limitation of Warranty
11.1 The Contractor warrants to the Customer that all the services the Contractor performs are fit for the intended purpose.
12.0 Acceptance
12.1 Any instructions received by the Contractor from the Customer for the supply of services shall constitute a binding contract on, and acceptance by the Customer of, the terms and conditions in this agreement.
13.0 Personal Guarantee Of Company Directors Or Trustees
13.1 If the Customer is a company or trust, the director(s) or trustee(s) accept this contract, in consideration for the Contractor agreeing to supply Goods and grant credit to the Customer at their request, also accept this contract in their personal capacity and jointly and severally personally undertake as principal debtors to the Contractor the payment of any and all monies now or hereafter owed by the Customer to the Contractor and indemnify the Contractor against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
14.0 Miscellaneous
14.1 The Contractor shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
14.2 Failure by the Contractor 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 the Contractor has under this contract.
14.3 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.
14.4 It is assumed the you consent to us displaying your logo on our website in the section “Companies We Have Worked With” – if not please let us know and we will remove your logo immediately.
14.5These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
14.6 The Contractor reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Customer of such change.