SEAL Plumbing and Gas Services operate in accordance with the Health and Safety Act (1992) and the Construction Contracts Act (2002) and all amendments thereafter. Details of the Acts can be found on the Ministry of Business and Innovation and Employment website http://www.mbie.govt.nz/

 

For details on our health and safety policy see  Health and Safety

For our current charge out rates please see  Rates

 

Terms of Trade:

1. DEFINITIONS

In these terms of trade:

Account” means the Customer’s account with the Vendor.

Seal Plumbing” means Stephen Deacon trading as Seal Plumbing & Gas and its employees and authorised subcontractors.

Customer” means the person or entity accepting these terms and conditions and their employees and authorised sub-contractors.

Product” means goods supplied by Seal Plumbing to the Customer at any time.

Guarantor” means any party guaranteeing and indemnifying the performance of the Customer's Account with Seal Plumbing.

Goods” means the goods or products supplied by Seal Plumbing to the Customer pursuant to these terms and conditions.

Order” or “Orders” means the order or orders of the Customer to Seal Plumbing requesting it to supply Goods and Services.

"PPSA" means the Personal Property Securities Act 1999.

Prices” means the prices for the supply of the Goods or Services or both.

Services” means the services supplied by Seal Plumbing to the Customer pursuant to these terms and conditions.

“CCA” means the Construction Contracts Act 2002 and revisions.

 

2. ORDERS AND QUOTATIONS

Order forms

  • 2.1Orders will be on such forms as Seal Plumbing specifies from time to time.

Quotations

  • 2.2 Where a quotation is given by Seal Plumbing for the supply of Goods and Services it is valid for 30 days from the date of issue.

Cancellation of Orders

  • 2.3 Any Order accepted by Seal Plumbing cannot be subsequently cancelled by the Customer without Seal Plumbing’s written consent and payment of any costs and expense that Seal Plumbing may have incurred or be liable for as a result of the cancellation.

Contracting out

  • 2.4 By accepting these terms, the Purchaser:

(a) represents that it acquires the Goods and Services for business purposes so that the Consumer Guarantees Act 1993 (“CGA”) does not apply to them and their sale is not a consumer sale; and

(b) agrees with Seal Plumbing that ss 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (“FTA”) do not apply to Seal Plumbing or to any of its directors, employees or contractors in respect of any contract on these terms and conditions; and

(c) it is fair and reasonable for Seal Plumbing to contract out of the CGA and FTA.

Hidden problems

  • 2.5 In providing the Goods and Services, if Seal Plumbing encounters unforeseen or hidden problems or unsuitable conditions (including but not limited to those underground, in wall or roof spaces and relating to flooring or worn, damaged or corroded fittings), Seal Plumbing will contact the Customer immediately and provide it with an estimate of further costs to provide the Goods and Services as an adjustment to the Price. The Customer then has the option of accepting the adjusted Price or terminating the contract and paying Seal Plumbing all costs incurred to the date of termination.

Other

  • 2.6 Seal Plumbing as registered and licensed plumbers and gasfitters will only undertake work that is in accordance with ASNZ Standards.

 

3. ACCEPTANCE

  • 3.1 When the Customer makes an Order, the Customer accepts these terms and conditions of trade to the exclusion of the Customer’s terms and conditions and any prior communication and discussions whether oral or written so that the contract between Seal Plumbing and the Customer is only on the basis of these terms and conditions.

 

4. PRICES

Order Price

  • 4.1 All Orders will be charged at Prices prevailing at the date of the contract.

Price Increases

  • 4.2 Seal Plumbing may increase those prices by any increase in prices charged to it by its suppliers or by any reasonable cost of supply between the date of the contract and the date of delivery or performance of the Goods and Services.

 

5. DELIVERY OF THE GOODS AND SERVICES

  • 5.1 If the Order specifies the date and place for delivery and performance of the Goods and Services then those details apply but if no details are specified then delivery and performance will take place at the physical address of the Customer notified to Seal Plumbing.

 

6. CONSENTS, ACCESS, STORAGE, AND RISK

Consents

  • 6.1 The Customer is solely responsible for obtaining any necessary permits and ensuring compliance with all legislation, regulations, by-laws or rules in connection with the installation operation and provision of the Goods and Services.

Access and Storage

  • 6.2 The Customer agrees to provide Seal Plumbing free of charge with:

(a) all necessary facilities for the delivery of the Goods and Services, including power, lighting, unloading, hoisting and lifting facilities, labour, site preparation and compliant employee amenities; and

(b) safe storage facilities are provided for protection against theft and damage of the Goods or any equipment or other items belonging to Seal Plumbing.

  • 6.3 The Customer is solely responsible for arranging and providing convenient access for the Goods and provision of Services to the proposed place of installation including stairs, lift or crane access as the case may require, failing which Seal Plumbing may a further charge to the Customer to cover the additional reasonable costs incurred from such failure.

Failure to accept delivery

  • 6.4 If the Customer cannot take delivery of the Goods or Services then the Customer is responsible for all additional charges caused by that failure.

Site co-ordination

  • 6.5 Where installation or supply of the Goods or Services must be co-ordinated with other trades the Customer must provide Seal Plumbing with a schedule detailing all relevant information relating to installation or supply with sufficient time allowed for Seal Plumbing to meet delivery or supply dates.

Delivery date extension

  • 6.6 The delivery or supply period will be extended to cover delays caused by strikes, lockouts, prohibitions, non-availability of materials or any circumstances beyond Seal Plumbing’s control.

Customer Supplied Goods

  • 6.7 If the Customer is to supply materials then those materials must meet the relevant ASNZ Standard. If Seal Plumbing are not satisfied that the goods meet the ASNZ Standard then the materials will not be used. Seal Plumbing will not be liable for any costs arising from the decision not to use the materials the Customer supplied. The Customer will be liable to pay for Seal Plumbing time, materials and equipment costs that arise from the failure of the Customer to satisfy Seal Plumbing that the goods they have supplied meet ASNZ Standard.

  • 6.8 If the Customer is to supply materials then those materials must be on site prior to Seal Plumbing attending to carry out the work. Specification sheets alone will not suffice. Seal Plumbing will not be liable for any costs arising from delays due to Customer supplied materials not being available when Seal Plumbing attend the site. The Customer will be liable to pay for Seal Plumbing time, materials and equipment costs that arise from the failure of the Customer to have materials on site prior to Seal Plumbing attending to carry out the work.

Risk

  • 6.9 From the time of dispatch to the Customer by Seal Plumbing, risk in all Goods supplied pass to the Customer and any loss, damage or deterioration to the Goods is the responsibility of the Customer. The Customer is liable to pay for the Goods notwithstanding any loss, damage or deterioration to them.

  • 6.10 In providing the Goods and Services Seal Plumbing may be required to join into preexisting plumbing and gas installations that are to some extent to be retained. Seal Plumbing will not be liable for any defects in the retained preexisting plumbing and gas installations.

  • 6.11 If the Customer elects not to undertake some aspects of work recommended by Seal Plumbing intended to protect the plumbing or gas installation from potential risk (such as, but not limited to, the risk of over-pressure), then Seal Plumbing will not be liable in any regard should the potential risk eventuate.

 

7. HEALTH AND SAFETY IN EMPLOYMENT ACT 1992

  • 7.1 Seal Plumbing is responsible for the actions of its employees pursuant to s 15 of the Health and Safety in Employment Act 1992 ("HSEA").

  • 7.2 The Customer is responsible for compliance with the HSEA in respect of the Customer's site and shall advise Seal Plumbing prior to commencement of any work of any hazards on the Customer’s site and indemnify Seal Plumbing against any breach by the Customer of the HSEA in respect of the site.

 

8. TIME OF PERFORMANCE

  • 8.1 Time is not of the essence of the delivery of Goods or the provision of Services. Any failure to meet any indicated delivery date is not the breach of a material term of this contract.

  • 8.2 Seal Plumbing is not responsible for any delay in the delivery of Goods or the provision of Services. Delivery of Goods by Seal Plumbing to a carrier is deemed to be delivery to the Customer.

 

9. TERMS OF PAYMENT

Generally

  • 9.1 Unless otherwise specified, payment for all Goods and Services must be made no later than:

(a) on completion of supply for domestic Customers;

(b) the 7th day following supply for non-account commercial Customers;

(c) the 20th day of the month following the date of invoice for account commercial Customers.

Progress payments

  • 9.2 Progress payments claimed under the Construction Contracts Act 2002 must be made no later than 20 days after a payment claim is served on the Customer.

Deposit

  • 9.3 Seal Plumbing may require payment of a deposit by the Customer prior to its processing any Order.

Overdue accounts

  • 9.4 Seal Plumbing may charge interest on all overdue amounts at 2.5% per annum over the best overdraft rate available to Seal Plumbing on a daily basis from the due date to date of actual payment.

  • 9.5 All costs of or incurred by Seal Plumbing as a result of a default by the Customer including but not limited to administration charges, debt collection costs and legal costs as between solicitor and client are payable by the Customer.

Acceleration of payment

  • 9.6 If the Customer defaults in any payment or commits any act of bankruptcy or any act which would render it liable to be wound up or if a resolution is passed or proceedings are filed for the winding up of the Customer or if a receiver is appointed for all or any assets of the Customer, Seal Plumbing may cancel any Order without prejudice to any other rights it may have and payment for all completed Orders will immediately become due.

 

10. CONSTRUCTION CONTRACTS ACT 2002

  • 10.1 All Orders that are construction contracts under s 5 of the Construction Contracts Act 2002 ("CCA") are subject to the CCA and the Customer agrees that Seal Plumbing has all the rights of a party to a construction contract under the CCA and any revision of the CCA.

 

11. WARRANTIES

Manufacturer’s warranties

  • 11.1 The Goods are purchased by Seal Plumbing from distributors and/ or manufacturers and are subject to manufacturer’s warranties and limitations of liability. The Customer agrees that its rights and remedies in respect of those Goods are only as contained in those manufacturer’s warranties which Seal Plumbing is able to assign to the Customer. Any performance of manufactured standard data given by Seal Plumbing is based on information supplied by the distributors or OEM of the Goods. Seal Plumbing does not independently warrant to the Customer that the data is correct unless Seal Plumbing has specifically done so in writing and then subject to recognised tolerances and variances based on inputs, loads, installation and usage requirements.

  • 11.2 Subject to clause 11.1, if the warranty is not available to Seal Plumbing, Seal Plumbing gives to the Customer the following express conditions and warranties otherwise implied under the Sale of Goods Act 1908:

(a) Seal Plumbing has the right to sell the Goods, free from any charge or encumbrance in favour of any third party;

(b) Where there is a contract for the sale of the Goods by description there is an implied condition that the Goods correspond with the description; and if the sale is by sample, as well as by description, the bulk of the Goods will correspond with the sample of the Goods and with their description;

(c) Where the Customer has expressly made known to Seal Plumbing the particular purpose for which the Goods are required, so as to show that the Customer relies on Seal Plumbing’s skill or judgment, and the Goods are of a description which it is in the course of Seal Plumbing’s business to supply, the Goods are reasonably fit for such purpose; and

(d) Where the Goods are bought by description from Seal Plumbing as a dealer in goods of that description the Goods are of merchantable quality except that where the Customer has examined the Goods upon delivery there is no warranty as regards defects which such examination ought to have revealed.

  • 11.3 In respect of the Services Seal Plumbing warrants that they will be performed to a standard of reasonable skill and care and in respect of both the Goods and Services to the extent that the Master Plumber’s guarantee gives the Customer greater rights that guarantee will also apply to the Goods and Services.

  • 11.4 The warranties given in clause 11.2(b), (c) and (d) are valid for the following periods (whichever occurs first):

(a) 12 months from the date of installation of the Goods or the performance of the Services by the Purchaser.

  • 11.5 The warranties given by manufacturers which referred to in in clause 11.1 and by Seal Plumbing in clause 11.3, at Seal Plumbing’s option in either case, may be satisfied by Seal Plumbing either replacing the defective Goods or re-performing the Services at no cost to the Customer or by refunding the Price paid to the Customer.

  • 11.6 Seal Plumbing gives to the Purchaser no other warranties whether express or implied by law (including the Sale of Goods Act 1908) and makes no other representations (whether for the purposes of the Fair Trading Act 1986 or any other legislation).

  • 11.7 Seal Plumbing will accept no liability for any damages or losses (including loss of profits) arising as a consequence of any act, default or negligence on the part of Seal Plumbing or of an employee, agent or contractor of Seal Plumbing.

  • 11.8 Notwithstanding anything in clauses 11.2 and 11.3, insofar as Seal Plumbing may be liable for any loss, damage or injury arising directly or indirectly from any defect in the Goods or Services, the total liability of Seal Plumbing, whether in tort, contract or under any other legal rule or principle, is limited in its aggregate to the lesser of $500 or the cost of replacing the Goods or re-performing the Services to the required standard.

  • 11.9 Under no circumstances whatsoever is Seal Plumbing liable to the Customer for direct or indirect, special, incidental or consequential damages or loss including but not limited to damage or loss resulting from inability to use the Goods or from defective Services, loss of anticipated profits, loss by reason of plant shut down, non-operation or increased expense of operation, service interruption, loss of production, cost of purchased or replacement power, claims of customers, cost of money, loss of capital or revenue, or for any other damages or loss, or consequential damages, whether similar or dissimilar or of any nature arising from any cause whatsoever, whether based in contract, tort (including negligence), strict liability or any other theory of law and whether or not Seal Plumbing has been given notice of the possibility of any such damages or losses occurring.

  • 11.10 Disputes – No claim relating to Service and products will be considered by Seal Plumbing unless made by the Customer within fourteen (14) days of supply or installation.

Consumer Guarantees Act 1993

  • 11.11 Where the Consumer Guarantees Act 1993 (CGA) applies in spite of clause 2.4, the Customer has all the rights and remedies provided under the CGA.

 

12. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)

  • 12.1 Seal Plumbing and the Customer acknowledge that these terms constitute a security agreement as defined by the Personal Property Securities Act 1999 (“PPSA”). For the purposes of the PPSA, in this clause the term “Collateral” includes the Goods and their proceeds including insurance payments. The Customer agrees to give Seal Plumbing a security interest in all of the Customer’s present and after-acquired property that Seal Plumbing has supplied as the Goods as the Collateral and agrees not to allow any person to file a finance statement over any of the Goods secured by this security agreement without the prior written consent of Seal Plumbing .

  • 12.2 Upon signing these terms the Customer acknowledges that:

(a) these terms are a security agreement for the purposes of s 36 of the PPSA, and

(b) a security interest is taken in all Goods previously supplied to the Customer and all Goods that will be supplied in the future by Seal Plumbing to the Customer during the continuance of the party’s relationships.

  • 12.3 The Customer undertakes to:

(a) Sign any further documents and/or provide any further information which Seal Plumbing may reasonably require to register financing statements or financing change statements on the Personal Properties Securities Register,

(b) Give Seal Plumbing not less than 14 days prior written notice of any proposed change to the Customer’s name and will use its best endeavours to ensure that a financing change statement is registered disclosing its new name; and

(c) Immediately advise Seal Plumbing of any material change in its business practices of selling the Goods that would result in a change of the nature of proceeds derived from such sales.

(d) The Customer waives the rights listed in section 107(2) of PPSA, its right to receive the notice referred to in section 114(1)(a) of the PPSA, its right to reinstate under sections 133 and 134 and its right to receive verification statements under section 148 of the PPSA. The Purchaser agrees that Seal Plumbing may exercise the rights in sections 108, 109, 111(1) and 120(1) of the PPSA whether or not Seal Plumbing has priority over all other secured parties, and that Seal Plumbing may charge for complying with a demand under s 162 of the PPSA. The Customer will inform any trustee in bankruptcy or liquidator of the Customer or any receiver of the Customer’s business or assets of the rights of Seal Plumbing and title to the proceeds of sale.

  • 12.5 The security agreement is a continuing security and will operate irrespective of any intervening payment or settlement of account until a release has been signed by Seal Plumbing. The security interest granted in the Collateral has the same priority in relation to any Goods supplied to the Customer by Seal Plumbing at any time.

 

13. ADDITIONAL SECURITY

Bonds and guarantees

  • 13.1 Before Seal Plumbing accepts an order from the Customer, Seal Plumbing may require the Customer to pay a deposit, make progress payments or at the Customers’ expense provide a bond or guarantee on such terms as Seal Plumbing may reasonably require in order to secure payment of the Price. If it at any time considers that the payment of the Price is at risk Seal Plumbing may require those securities to be put in place as a condition to any further supply of the Goods and Services whether or not in respect of an existing contract.

Right to mortgage and caveat

  • 13.2 It is agreed by the Customer (and any guarantor) that Seal Plumbing (at the Customer’s expense) has the right to complete and register a mortgage over any property owned by the Customer (and any guarantor) to secure payment of the Price. Seal Plumbing also has the right to register a caveat on that property for those purposes and Customer (and any guarantor) irrevocably appoint Seal Plumbing as their attorney for those purposes. To this end, the Customer (and any guarantor) agrees to make payment of all costs incurred by Seal Plumbing (including legal costs on a solicitor and own client basis) in completing and registering a mortgage over any property owned by the Customer (and any guarantor) within seven (7) days of receiving any Seal Plumbing invoice or demand requesting payment of those costs.

Certificates

  • 13.3 It is agreed by the Customer that if the Customer fails to pay any account Seal Plumbing may withhold the release of any producer statement or other certification or documentation relating to the work performed until such time as the account and any associated costs are paid in full.

 

14. EVENTS OF DEFAULT

  • 14.1 The Price is immediately due to Seal Plumbing (which also has the option to suspend delivery or performance of the Goods and Services or to terminate any contact on these terms and conditions) if:

(a) a receiver is appointed over any of the assets or undertaking of the Customer;

(b) an application for the appointment of a liquidator is filed against the Customer which remains unsatisfied for a period of 10 days, or any of the conditions necessary to render the Customer liable to have a liquidator exist, or a liquidator is appointed;

(c) the Customer goes into voluntary liquidation or amalgamates with another company;

(d) the Customer suspends payments to its creditors or makes or attempts to make an arrangement or composition with its creditors; or

(e) the Customer becomes insolvent within the meaning of the Insolvency Act 2006 or is, becomes, or is presumed to be unable to pay its debts as they fall due as defined in section 287 of the Companies Act 1993 or commits any act of bankruptcy.

 

15. GENERAL

  • 15.1 The Customer authorises Seal Plumbing to collect and use information from you and third parties relating to the performance and enforcement by Seal Plumbing of any contract with the Customer, subject to compliance with the Privacy Act 1993 in the case of personal information.

  • 15.2 All Quotations, Orders and Prices are plus GST.

 

16. ADDITIONAL ELEMENTS OF OUR TERMS OF TRADES

  • 16.1 Invoices sent to you are payment claims under the Construction Contracts Act 2002 (& amendments).

  • 16.2 We will determine site staffing levels considering the job and our Health & Safety policy.

  • 16.3 Chargeable time includes travel to site and time collecting materials

  • 16.4 Goods remain the property of Seal Plumbing until accounts are paid in full.

  • 16.5 No Receipts are issued.

  • 16.6 Our bank account details are on your invoice.