TERMS AND CONDITIONS OF TRADE
Eternity Construction Limited
New Zealand
Effective Date: June 8, 2016
1. Definitions
“Company” means Eternity Construction Limited.
“Client” means the person, company or entity requesting or receiving services from the Company.
“Services” include all construction, renovation, maintenance, repair, project management, consultation, labour, supply of materials, and any other services provided by the Company.
“Contract” means the quotation, estimate, proposal, work order, invoice and these Terms and Conditions.
2. Acceptance
2.1 By accepting a quotation, signing a contract, paying a deposit, or instructing the Company to commence work, the Client agrees to these Terms and Conditions.
2.2 These Terms apply to all work carried out unless otherwise agreed in writing.
3. Quotations
3.1 Quotations are valid for thirty (30) days unless otherwise stated.
3.2 Quotations are based on the information available at the time of preparation.
3.3 Any work outside the quoted scope shall be treated as a variation.
3.4 The Company reserves the right to withdraw or amend a quotation before acceptance.
4. Scope of Work
4.1 The Company will perform only the work specified in the accepted quotation or contract.
4.2 Any additional work requested by the Client must be approved before commencement.
4.3 Variations may affect pricing and completion dates.
5. Pricing
5.1 Prices are quoted in New Zealand Dollars (NZD).
5.2 Unless otherwise stated, all prices include GST where applicable.
5.3 Additional costs caused by unforeseen site conditions, design changes, council requirements, hidden defects, or Client instructions will be charged separately.
6. Payment Terms
6.1 A deposit may be required before work commences.
6.2 Progress payments may be invoiced throughout the project.
6.3 Final payment is due within seven (7) days of invoice unless otherwise agreed.
6.4 Late payments may incur interest at 2% per month, calculated daily.
6.5 The Client shall reimburse reasonable debt recovery and legal costs incurred in recovering overdue payments.
7. Construction Contracts Act 2002
Where applicable, payment claims issued by the Company shall comply with the Construction Contracts Act 2002.
The Client acknowledges that failure to respond to a valid payment claim may have legal consequences under the Act.
8. Variations
8.1 The Client may request changes to the work.
8.2 The Company will provide a variation quotation where practical.
8.3 Variations shall not commence until approved by the Client unless immediate action is necessary for safety or compliance.
9. Delays
The Company shall not be liable for delays caused by:
- weather conditions;
- material shortages;
- supplier delays;
- labour shortages;
- council approvals;
- inspections;
- unforeseen site conditions;
- force majeure events;
- Client delays.
Completion dates are estimates only.
10. Client Responsibilities
The Client shall:
- provide accurate project information;
- provide safe and reasonable access to the site;
- obtain approvals where agreed;
- ensure utilities are available where required;
- remove personal belongings from work areas where necessary.
11. Materials
Materials supplied remain the property of the Company until paid for in full.
Equivalent materials may be substituted where original products become unavailable, provided they are of similar quality.
12. Defects and Warranties
The Company warrants that workmanship will be carried out with reasonable care and skill in accordance with New Zealand law.
Manufacturer warranties apply only to products supplied by those manufacturers.
The Client must notify the Company of any alleged defects within a reasonable time after discovery.
This clause does not limit any rights available under the Consumer Guarantees Act 1993 where applicable.
13. Consumer Guarantees
Where the Client acquires services for personal, domestic or household purposes, nothing in these Terms limits rights under the Consumer Guarantees Act 1993.
Where permitted by law and where services are supplied for business purposes, the parties agree that the Consumer Guarantees Act 1993 shall not apply.
14. Health and Safety
Both parties agree to comply with the Health and Safety at Work Act 2015.
The Client must ensure the site is safe and notify the Company of any known hazards.
The Company may suspend work if unsafe conditions exist.
15. Insurance
The Company maintains appropriate public liability insurance.
The Client is responsible for maintaining insurance over their property and existing structures unless otherwise agreed.
16. Limitation of Liability
To the maximum extent permitted by New Zealand law:
- the Company’s liability is limited to the value of the services provided;
- the Company is not liable for indirect, consequential or economic losses;
- the Company is not responsible for damage arising from hidden defects, existing structural problems or matters beyond its reasonable control.
Nothing in this clause excludes liability that cannot legally be excluded.
17. Access and Suspension
If access to the site is prevented or delayed by the Client, the Company may:
- suspend work;
- charge standby costs;
- revise the project schedule;
- recover additional costs reasonably incurred.
18. Termination
Either party may terminate the Contract by written notice if the other party commits a material breach and fails to remedy that breach within seven (7) days after receiving written notice.
Upon termination, the Client shall pay for all work completed, materials ordered, and reasonable costs incurred.
19. Force Majeure
The Company shall not be liable for failure or delay caused by events beyond its reasonable control including natural disasters, pandemics, strikes, government restrictions or supply chain disruptions.
20. Privacy
Personal information collected by the Company will be handled in accordance with the Privacy Act 2020 and used only for purposes related to the provision of services, legal compliance and business operations.
21. Intellectual Property
All drawings, designs, specifications, quotations and documentation prepared by the Company remain its intellectual property unless otherwise agreed in writing.
22. Dispute Resolution
The parties agree to first attempt to resolve disputes through good faith negotiations.
If unresolved, disputes may be referred to mediation before legal proceedings unless urgent court action is required.
23. Governing Law
These Terms and Conditions are governed by the laws of New Zealand.
The parties submit to the exclusive jurisdiction of the New Zealand courts.
24. Entire Agreement
These Terms, together with the accepted quotation or contract, constitute the entire agreement between the parties and supersede all prior discussions or representations.
25. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.