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, Innovation and Employment website http://www.mbie.govt.nz/

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

For details on our pandemic safety protocols see Covid-19

For our current charge out rates please see Rates

For more on billing practices, procedures and invoices see FAQ

STANDARD TERMS OF TRADE

1. DEFINITIONS

1.1 Definitions

“Agreement” means the agreement between SEAL and the Customer for the supply of Goods and/or Services, comprising the accepted Quotation, these Terms of Trade and any agreed variations or specifications.

“CCA” means the Construction Contracts Act 2002 and any amendments or replacement legislation.

“Customer” means the person or entity requesting, accepting or purchasing Goods and/or Services from SEAL.

“Goods” means goods, materials, fixtures, fittings, appliances, equipment and other products supplied by SEAL.

“Order” means a request or instruction for Goods and/or Services, whether written, electronic, verbal or otherwise.

“Price” means the price payable for Goods and/or Services as specified in an accepted Quotation or determined under these Terms.

“Quotation” means a written quote or proposal from SEAL setting out the proposed scope and Price.

“SEAL” means SEAL Plumbing & Gas Limited, its employees, agents and authorised subcontractors.

“Services” means plumbing, gasfitting and other services supplied by SEAL.

“Chargeable Time” means time reasonably incurred by SEAL in connection with providing the Services, including:

travel to and from the Customer’s property;
time at the property carrying out, diagnosing, assessing, preparing or completing Services;
time obtaining, purchasing, collecting or returning Goods, materials, parts or equipment required;
reasonable time dealing with suppliers or other trades directly related to the Services; and
other time reasonably attributable to providing the Services.

1.2 Interpretation

Legislation includes any amendments or replacement legislation. Headings are for convenience only. Words in the singular include the plural and vice versa. A reference to a person includes an individual, company, trust, partnership or other legal entity.

2. ORDERS AND QUOTATIONS

2.1 Quotations

Unless otherwise stated, Quotations are valid for 30 days from the date of issue.

2.2 Cancellation

An accepted Order cannot be cancelled by the Customer without SEAL’s written consent. The Customer remains responsible for reasonable costs incurred by SEAL as a result of cancellation.

2.3 Hidden Problems

If SEAL encounters unforeseen or hidden problems or unsuitable conditions, including within walls, roofs, underground or existing plumbing or gas installations, SEAL will advise the Customer where reasonably practicable.

Additional work may be:

carried out on a charge-up basis where agreed;
separately quoted; or
undertaken immediately where reasonably necessary to make the site safe.

Additional work and resulting Chargeable Time will be payable by the Customer.

2.4 Data Cables and Concealed Services

The Customer must advise SEAL of any known data cabling, concealed services, hazards or other installations in areas where SEAL is to work.

2.5 Type of Work

SEAL will carry out work in accordance with applicable laws, regulations, codes, standards and manufacturer requirements.

SEAL’s work does not include other trades such as building, electrical, earthworks, decorating, shower box installation, waterproofing, glazing or joinery unless specifically agreed.

3. ACCEPTANCE

3.1

Acceptance of a Quotation or Order constitutes acceptance of these Terms of Trade. These Terms, together with the accepted Quotation and any agreed variations, form the Agreement between SEAL and the Customer.

4. PRICES

4.1 Fixed-Price Work

Where SEAL provides a fixed-price quotation, the accepted Price applies subject to any agreed variations and these Terms.

4.2 Charge-Up Work

Charge-up work is charged according to actual Chargeable Time plus Goods, materials, equipment and other applicable charges.

4.3 Minimum Labour Charge

A minimum labour charge of one hour applies to each attendance. This covers the combined travel and site time associated with that attendance.

Where Chargeable Time exceeds one hour, the actual Chargeable Time will be charged at SEAL’s applicable rates and charging increments.

4.4 Materials and Other Charges

Goods, materials, equipment and other applicable charges are additional unless included in a fixed-price quotation.

Time spent sourcing or collecting materials is Chargeable Time.

4.5 Estimates

Any estimate is a guide only unless expressly stated to be a fixed Price. Final charges for charge-up work are based on actual Chargeable Time and Goods, materials and other applicable charges.

5. DELIVERY AND PERFORMANCE

5.1

Delivery and attendance times are estimates only unless a specific time has been expressly agreed in writing.

5.2

SEAL will make reasonable efforts to meet agreed timeframes but is not responsible for delays caused by suppliers, manufacturers, carriers, other trades, the Customer, site conditions, weather, traffic or circumstances outside SEAL’s reasonable control.

5.3

If SEAL is delayed or unable to complete Services because the site is inaccessible, unsafe, not ready, or required information, materials or access have not been provided, SEAL may charge resulting Chargeable Time and reasonable additional costs.

6. ACCESS, CUSTOMER-SUPPLIED GOODS AND RISK

6.1

The Customer must provide reasonable access to the property and a safe working area, with water, power and reasonable lighting where required.

6.2

The Customer must advise SEAL of known concealed services, hazards, access restrictions or other site conditions affecting the Services.

6.3

Customer-supplied fixtures, fittings, appliances and materials must be suitable, compatible and available when required. SEAL may refuse to install or use items that are unsafe, defective, unsuitable or non-compliant.

Additional time and costs arising from Customer-supplied items are chargeable.

6.4

Where existing plumbing, gasfitting or other installations are retained, SEAL is not responsible for pre-existing defects, deterioration or non-compliance not caused by SEAL.

6.5

If SEAL recommends additional work that the Customer declines, SEAL may record the recommendation and any resulting limitation. Nothing in these Terms excludes liability or statutory rights that cannot lawfully be excluded.

6.6

Risk in Goods supplied by SEAL passes to the Customer when the Goods are delivered to the Customer’s property or incorporated into the work, subject to rights that cannot lawfully be excluded.

6.7

Ownership of Goods remains with SEAL until payment in full, to the extent permitted by law.

7. HEALTH AND SAFETY

7.1

SEAL and the Customer must comply with their respective obligations under the Health and Safety at Work Act 2015 and other applicable health and safety legislation.

7.2

The Customer must advise SEAL of known hazards, restricted access or other site conditions affecting safe performance.

7.3

SEAL may stop or refuse work where it reasonably considers the site or conditions to be unsafe or non-compliant.

8. TIME OF PERFORMANCE

8.1

Any delivery or completion date provided by SEAL is an estimate only unless a specific date or timeframe has been expressly agreed in writing.

8.2 9. TERMS OF PAYMENT

9.1

Unless otherwise agreed:

domestic and non-account commercial Customers must pay invoices within 7 days of supply or invoice;
account commercial Customers must pay by the 20th of the month following the invoice.

9.2

For charge-up work, the Customer must pay for actual Chargeable Time, Goods, materials and other applicable charges.

9.3

SEAL may require a deposit or progress payment where reasonably appropriate for the nature or value of the work.

Where the CCA applies, payment claims and payment schedules will be administered in accordance with the CCA.

9.4

SEAL may charge interest on overdue accounts at 2.5% per annum above the ASB Bank unarranged business overdraft rate, calculated from the due date until payment.

9.5

The Customer is responsible for reasonable costs incurred by SEAL in recovering overdue amounts, including debt collection and legal costs.

9.6

If an account is overdue, SEAL may suspend further Services or supply until the account is brought up to date and may require outstanding amounts to be paid before recommencing work.

10. CONSTRUCTION CONTRACTS ACT 2002

10.1

Where the Agreement is a construction contract to which the Construction Contracts Act 2002 applies, the CCA applies to the Agreement and SEAL may exercise its rights and remedies under the CCA.

11. WARRANTIES AND GUARANTEE

11.1

SEAL provides its Services with reasonable care and skill and in accordance with applicable laws, regulations and standards.

11.2

Residential plumbing, gasfitting and drainlaying work supplied by SEAL is covered by the Master Plumbers 12-month Residential Guarantee, subject to the terms, conditions, limits and exclusions of that Guarantee.

11.3

Manufacturer warranties may apply to Goods, appliances, fixtures and equipment supplied by SEAL. Where applicable, SEAL will assist the Customer with warranty claims.

11.4

Nothing in these Terms limits or excludes any rights or remedies that cannot lawfully be limited or excluded.

12. PERSONAL PROPERTY SECURITIES ACT 1999

12.1

To the extent permitted by law, ownership of Goods supplied by SEAL remains with SEAL until all amounts owing for those Goods have been paid in full.

12.2

The Customer grants SEAL a security interest in the Goods and their proceeds to secure payment of all amounts owing to SEAL.

12.3

The Customer must do anything reasonably required by SEAL to register, maintain or enforce that security interest.

12.4

Nothing in this clause limits any rights SEAL has under the Personal Property Securities Act 1999.

13. EVENTS OF DEFAULT

13.1

The Customer is in default if they:

fail to pay an amount when due;
become insolvent, enter liquidation, receivership or bankruptcy; or
otherwise materially breach these Terms and fail to remedy the breach within a reasonable time after being notified.

13.2

If the Customer is in default, SEAL may, to the extent permitted by law:

suspend or stop Services and further supply;
require payment of outstanding amounts before recommencing work; and
exercise any other rights or remedies available under these Terms or at law.

14. DISPUTE RESOLUTION

14.1

If a dispute arises, the parties will first try to resolve it in good faith by discussing the matter.

14.2

Nothing in this clause prevents either party from exercising any statutory right or remedy, including rights under the Construction Contracts Act 2002 or proceedings through the appropriate court or tribunal.

15. GENERAL

15.1

These Terms, together with any accepted Quotation and agreed variations, form the Agreement between SEAL and the Customer.

15.2

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.

15.3

These Terms are governed by the laws of New Zealand.

15.4

SEAL may update these Terms from time to time. The Terms applying to an accepted Order will continue to apply to that Order unless otherwise agreed.

15.5

SEAL may collect and use information reasonably required for the performance, administration and enforcement of the Agreement, in accordance with the Privacy Act 2020.

15.6

Recording and Job Documentation: SEAL may record telephone calls and take photographs, videos and other recordings in connection with the Services. These may be used for job records, quality assurance, training, communication, health and safety, verification of work completed, and resolving or defending disputes. SEAL will handle recordings and other personal information in accordance with the Privacy Act 2020. Customers may request access to personal information held by SEAL, subject to the Privacy Act 2020.

15.7

Unless otherwise stated, all Prices are exclusive of GST.

15.8

SEAL is not responsible for failure or delay in performing its obligations where prevented or delayed by circumstances beyond its reasonable control.