General terms and conditions of trade.

 

The following terms and conditions apply to all services supplied by Red LBP Ltd (hereinafter referred to as the “Company”) to you or any person acting on behalf of you including all franchisees (hereinafter referred to as the “Client”) from time to time.

For the purpose of these terms and conditions, the word “services” means all services, charges for work and labour done, of whatsoever nature, associated with supply of services to the Client.

The Client acknowledges and agrees that these terms of trade (“terms”) apply to all services supplied by the Company from time to time including any incidental supply of goods and any contract of supply arising between the Company and that the Client is bound by these terms.

1. GENERAL
1.1 The Client understands fully that all reports are completed in good faith, and to the limitations of the LBP license. At no time do any reports replace the need for an engineer, weather tightness expert, building surveyor, quantity surveyor, asbestos technician, registered valuer, and the like. Recommendations are wholly based on a visual non-invasive inspection where access is available at the time of the site visit. Reports are completed using the expertise of the construction trade, and are limited as such. Recommendations and observations are expressly only as such, and at no point should any content be considered definitive.
1.2 The Company’s employees, agents or representatives are not authorised to vary these terms or make any representations, statements, conditions or agreements not expressed by the director of the Company in writing, and the Company is not bound by any such unauthorised variations, representations, statements, conditions and/or agreements.
1.3 These terms are subject in all cases to the provisions of the Electronic Transactions Act 2002.
1.4 The Company reserves the right to sub-contract its goods and/or services.

2. ACCEPTANCE
2.1 Any instructions received by the Company from the Client for the supply of goods and/or services and/or acceptance of goods and/or services by the Client shall constitute acceptance of these terms.
This includes the booking of a report online, via direct email, through a RedLBP team member or via the 0800 number for the company.

3. PRICE & PAYMENT
3.1 The price for the goods and/or services shall be the Company’s current price at the date of engagement.
3.2 Time for payment shall be at the time of booking the site visit. This may be concluded via electronic transaction via the website, or via providing the consultant on the 0800 number their credit card details which will be entered into the system (Stripe) at the time of booking. At no time will any credit card details be written down by a representative of the company. Alternatively payment may be made by the customer via direct credit using the details provided on the invoice.
3.3 Goods and services tax and any other taxes and duties which may be applicable will be charged by the Company on the cost of the goods and/or services supplied or to be supplied by the Company at the rates prescribed by statute and it is accepted by the Client as an addition to the cost of the goods and/or services unless otherwise specified.
3.4 The Client is not entitled to withhold payment nor make any set-off or deduction of any kind without the prior written consent from the Company.
3.5 If the Client defaults in payment of any accounts and/or moneys owed to the Company or in any of its obligations under these terms or under any other agreement, the Company may exercise any and all remedies afforded to a secured party by the Personal Property Securities Act 1999 (“PPSA”).
3.6 The Client is liable and hereby indemnifies the Company in respect to all costs and expenses (including solicitor/client costs) incurred by the Company in the recovery or attempted recovery of outstanding moneys and the enforcement of these terms.
3.7 Should a dispute arise between the Client and the Company, the Client waives the right to withhold any payments that are due. The Client must and shall make payment on time regardless of any pending actions or decisions.

4. DISCLAIMER
4.1 Any advice, recommendation, information, assistance, or service provided by the Company in relation to goods and/or services sold by the Company (or for their use or application) is given in good faith and is believed by the Company so be appropriate and reliable. However, any advice, recommendation, information, assistance or service provided by the Company is provided without liability or responsibility on the part of the Company. Further, the advice, recommendation, information, assistance or service given by the Company is of a general nature and involves commonly available knowledge. The Company strongly recommends you seek legal advice and consideration on any issues that may be raised by the Company in the delivery of their services.
4.2 The Company also makes no express or implied warranty or statement and expressly negates any implied or expressed warranty (other than as may be imposed by statue) that the goods and/or services will be suitable for a particular purpose use for which the Client may use them.
4.3 The Client accepts all risk and responsibility for consequences arising from the use of goods and/or services, whether singularly or in combination with other products, goods and/or services. The Client shall not make any claims for consequential damages.

5. CANCELLATION
5.1 The Company has the right to terminate all credit facilities at any time by giving 3 working days written notice to the Client. The Company shall not be liable for any loss or damage whatever arising from such termination. Such termination shall be without prejudice to any rights of the Company up to and including the date of termination against the Client which may have accrued to the date of termination and such termination shall not release the Client from any accounts and/or moneys owed as at the date of termination, including money paid up front.
5.2 Under no circumstances are the cost of services able to be refunded.
5.3 The Client may cancel delivery of goods and/or services within three (3) working days of the date of this document subject to the payment of a cancellation fee of 25% of the price of the goods and services.
5.4 Should the booked appointment be unable to be completed on the time and day requested by the client due to lack of access despite access being pre-arranged, the booking will need to be remade and no refund will be applicable.

6. RISK AND DELIVERY
6.1 The Company’s delivery records shall be proof of delivery of goods of the quantity, quality and description stated therein. The Company shall not be under any liability whatsoever for the consequence of any delay in completion, dispatch or any delivery of any goods and/or the provision of services for any reason beyond their control. This includes reports delivered electronically.
6.2 Physical delivery of goods by the Company to the Client or to a carrier or other bailee (whether named by the Client or not) for the purpose of transmission to the Client constitutes delivery to the Client. Cost of delivery and transit insurance are at the Client’s expense unless specified to the contrary.
6.3 Risk in any goods supplied by the Company shall pass to the Client on delivery.

7. INTELLECTUAL PROPERTY
7.1 All copyright and other intellectual property rights in all designs, products, goods and/or devices developed and/or any documentation prepared in the course of supplying goods and/or services to the Client is and shall remain the absolute sole and exclusive property of the Company and/or the Company’s contractors or licensors (as the case may be) unless otherwise agreed in writing by the Company and the Client.
7.2 Until such time as the Company has received or been tendered the whole of the price the property right in any goods and/or services remain with the Company. Upon the Client making payment in full of all moneys owing by the Client to the Company, the Company grants to the Client an irrevocable non-exclusive licence to use the intellectual property developed as a result of goods and/or services supplied by the Company for the Client without further fee or royalty unless otherwise agreed in writing by the Company and the Client. The term “use” means utilisation of all components that form part of the goods and/or services supplied to the Client solely for the intended purposes.
7.3 This report contains legally privileged information and is intended for the benefit of the client and their legal counsel only.

8. WARRANTIES
8.1 Where the supply of goods and/or services by the Company is for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply and the Company can give no warranty that the goods and/or services are suitable for the purpose for which the Client proposes to use them. All terms, conditions and warranties (whether express or implied) whether by the Company and/or its agents or employees, statute or otherwise (other than those mandatory warranties in the Fair Trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded.
8.2 The Client acknowledges and agrees that in supplying its goods and/or services the Company may rely upon information and advice supplied to it by the Client and/or the Client’s agents or employees. The Company shall not be liable in any way for work undertaken by the Company based upon incorrect measurements and/or advice received.
8.3 The sole liability of the Company and the exclusive remedy for the Client arising out of the performance of services or supply of goods or their use, whether arising under contract, tort (including negligence), strict liability or otherwise shall be the modification, adjustment, repair or replacement of the goods, re-performance of the service or a credit to the Client’s account for the cost of the performance of the services or the supply of goods, such remedy to be at the Company’s absolute discretion.
8.4 If the Company, its agents, directors, officers, staff or contractors are found to be liable to the Client in any circumstances then the maximum combined amount such person shall be liable for to the Client under any contract or contracts is an amount equal to the lesser of:
Price of the goods and/or services supplied to the Client.
8.5 The Company will not be liable for:
Any defect that arises after one calendar month from the date of delivery and/or performance of the services (as the case may be); or
Any defect that was not visible on the day of the inspection for any reason; or
Any defect that there was limited or no access to view; or
Any defect that is the result of repairs, alterations, modifications or attachments to the goods that are not authorised by the Company; or
Fire, flood, lightning, earthquake and any other events over which the Company has no control, including reported damage on these items; or
Service work not performed by the Company including recommendations of other outside professionals outside of the limitations of the reports.

9. MISCELLANEOUS
9.1 If any provision of these terms 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.
9.2 All goods and/or services supplied by the Company are subject to the laws of New Zealand and the Company takes no responsibility for changes in the law which affect the goods and/or services supplied. Any legal action shall be taken in the court district closest to the Company.
9.3 The Company shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Company of these terms.
9.4 The Client must give the Company at least 14 days prior written notice of any proposed change in name of the Client and/or any other change in the Client’s details including but not limited to changes in address, facsimile number, trading name, registered name or where an individual, an individual’s name whether by marriage, deed poll or otherwise.