Terms and Conditions of Trade of WIZ Property Services Limited

Effective Date: 20/11/2024

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1. Definitions

1.1 In these terms and conditions, unless inconsistent with the context:

1.1.1 Completion of the Works means the\date on which WIZ advises the Customer that the Works have been completed in accordance with clause 5;

1.1.2 Customer means the Customer specified in the Quotation or any person acting on behalf of or with the implied authority of the Customer;

1.1.3 WIZ means WIZ Property Services Limited (NZBN 9429052392177), its staff, agents and other people acting on its authority;

1.1.4 Guarantor means the person who has agreed to be responsible as a principal debtor for the debts due by the Customer to WIZ under these terms and conditions and/or the Quotation;

1.1.5 Premises means the premises where the Works are to be carried out and as described in the Quotation;

1.1.6 Price means the price payable to WIZ by the Customer for the Works, as set out in the Quotation and subject to any variation made under clause 8;

1.1.7 Project Manager means the project manager appointed by WIZ to project manage the Works;

1.1.8 Quotation means the quotation or estimate provided by WIZ to the Customer from time to time;

1.1.9 Subcontractor means a tradesperson contracted by WIZ to complete the Works;

1.1.10 Works means the works and services to be undertaken by WIZ to the Premises in accordance with the Quotation.

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2. Acceptance

2.1 The Customer is deemed to have accepted these terms and conditions when the Customer signs or confirms the Quotation. These terms and conditions may only be altered or amended by written agreement between WIZ and the Customer;

2.2 The Customer expressly acknowledges that WIZ undertakes the Works on these terms and conditions only and not on the terms stated on any other form given to WIZ by the Customer.

2.3 Where more than one person signs these terms and conditions as or on behalf of the Customer, each person will be jointly and individually liable for the debts of the Customer to WIZ.

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3. Price and Payment

3.1 The Price is exclusive of Goods and Services Tax (GST) and other taxes or duties applicable and is subject to adjustment as provided for in these terms and conditions.

3.2 Payment may be made by cash, cheque, bank cheque, direct credit, or by any other means agreed to by WIZ. The payment due date will be as shown on the invoice issued. Standard dates are either 7 days or 20th of the following month.

3.3 WIZ will be entitled to progress payments in accordance with the Construction Contracts Act 2002. For the avoidance of doubt, progress payments will include the value of materials delivered to the Customer but not installed or applied. The Customer will pay the progress payment by the 20th of the month following the date of the invoice.

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4. Risk, Insurance and Ownership of Goods

4.1 The Works, the Premises and its contents and any existing structure of which the Premises forms part, will be at the sole risk of the Customer.

4.2 WIZ will maintain, or will procure a Subcontractor to maintain, public liability insurance for not less than $1,000,000.00.

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5. Procedure on the Completion of Works

5.1 WIZ will notify the Customer in writing when the Works have been completed or, if there is a programme of Works, when each item of the Works in the programme have been completed.

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6. Access to the Premises

6.1 The Customer will ensure WIZ is provided with access to the Premises as set out in the project timeframe agreed with the Customer.

6.2 If any part of the Premises is enclosed or locked up by WIZ while work is not in progress the Customer will not enter such part except at reasonable times by prior arrangement with WIZ.

6.3 From commencement to Completion of the Works the Customer will provide power and water to the Premises at its cost, sufficient to enable the Works to be completed.

6.4 The Customer will remove any furniture, furnishings or equipment from the Premises as required by WIZ and agrees that WIZ is not liable for any damage caused to those items if the Customer fails to do so.

6.5 The Customer will direct all queries and communication regarding the Works to the Project Manager or Foreman onsite.

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7. Substitutions 

7.1 If any material, arrangement or process set out in the Works is or becomes unprocurable or prohibited by law, WIZ may substitute another reasonably equivalent material, arrangement or process, with appropriate adjustment of the Price.

7.2 All such substitutions under clause 7.1 will be subject to the prior written approval of the Customer. Approval by the Customer will not be unreasonably

withheld.

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8. Variations

8.1 WIZ will make reasonable variations to the Works which may be requested in writing by the Customer provided that any variation of the Price is agreed in writing prior to commencing the variation works.

8.2 For the avoidance of doubt, the Customer may not make a variation to the Works direct with a Subcontractor.

8.3 Should a contract be awarded and any variation to the scope or nature of the contract works become apparent, we reserve the right to charge at Net Cost + and on an agreed hourly rate(s) basis accordingly as the rates listed below:

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• Project Manager/Construction Manager $85 per hr

• Foreman/Approved Installer $70 per hr

• Skilled Tradesman $65 per hr

• Unskilled Operative $50 per hr

• Administration $45 per hr

• Travel Time To/From Site per man $45 per hr

• Fuel To The Above $0.50 / km

• Scissor Lift/KnuckleBoom hire $950 / week

• $225 / day

• Delivery/Collection each way $150

• (location dependant)

• Material Nett Cost + 15%

• Plant/Tools Nett Cost + 15%

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All the above stated rates, sums exclude GST.

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9. Defects and Omissions

9.1 Subject to clause 10.4, without any undue delay and at the cost of WIZ, WIZ will make good all defects to and omissions from the Works which the Customer reports to WIZ within three (3) months after Completion of the Works.

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10. Limitation of Liability

10.1 Subject to clause 6.4 and clause 10.2 WIZ will only be liable to the Customer for direct loss or damage suffered by the Customer as a result of a breach by WIZ of its obligations under these terms and conditions.

10.2 In the event of any dispute arising out of these terms and conditions by WIZ the remedies of the Customer will be limited to damages. WIZ maximum liability to the Customer under these terms and conditions or under any other principle of legal liability in respect of all claims made by the Customer is the Price.

10.3 For the avoidance of doubt the parties acknowledge that any representations made by WIZ with respect to the time for completion of all or part of the Works are estimates only and WIZ will not be liable to the Customer for any direct or consequential loss or damage suffered by the Customer as a result of the Works not being completed at all or within such timeframe.

10.4 The Customer acknowledges that paint may exhibit variations in shade, colour, texture, surface and finish and may fade or change over time. WIZ will use it 

best endeavours to match paint supplied to existing paint on the Premises in order to minimise variations. Notwithstanding any other provision in these terms and conditions WIZ will not be liable to the Customer in any way where such variations occur.

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11. Default and Consequences of Default

11.1 WIZ may charge interest on overdue invoices at a rate of twenty percent (20%) per annum calculated daily from the date when payment becomes due until the actual date of payment and such interest will accrue at the stipulated rate after as well as before any judgement.

11.2 Without prejudice to any other remedies WIZ may have, if at any time the Customer is in breach of any obligation and has not remedied the breach within seven (7) calendar days after receiving notice of the breach then WIZ may suspend or terminate the provision of the Works and any of its other obligations under these terms and conditions. WIZ will not be liable to the Customer for any loss or damage which the Customer suffers because WIZ exercises its rights under this clause.

11.3 The Customer will be responsible for any costs to WIZ in enforcing any provision of these terms and conditions against the Customer on a solicitor/client basis. This also includes Debt Collection costs.

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12. Dispute Resolution

12.1 If the parties are unable to resolve any dispute under these terms and conditions, the dispute will be submitted to the arbitration of a single arbitrator agreed on by the parties, or in default of agreement, to be nominated by the president of the New Zealand Law Society PROVIDED HOWEVER that WIZ has the right to refer any dispute to the Disputes Tribunal for determination in which case the total amount in respect of which an order of the Tribunal is sought will not exceed $7,500.00.

12.2 The procedures prescribed in this clause will not prevent WIZ from taking proceedings for the recovery of the Price or other monies payable under these terms and conditions or from terminating these terms and conditions under clause 11.2.

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13. Personal Property Securities Act 1999

13.1 The client agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms defined in the Personal Property Securities Act 1999 (“PPSA”) in respect of which WIZ may register a financing statement on the Personal Property Securities register.

13.2 The client hereby waives its rights contained in sections 116,119,120(2), 121,125,126,127,129,131 and 132 of the PPSA.

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14. Health and Safety

14.1 The parties will:

14.1.1 comply with the Health and Safety at Work Act 2015 (“HSWA”) in respect of the Works, the Premises and the materials and equipment used in respect of the same, as part of a place of work; and

14.1.2 ensure that all significant hazards in respect of the above items are identified and eliminated where practical, or isolated or minimised where elimination is impractical.

14.1.3 work together to ensure that the provisions of the HSWA are met and complied with in all respects, as applicable.

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15. General

15.1 If any provision in these terms and conditions is held to be invalid, illegal or unenforceable then this will not affect any other provision.

15.2 These terms and conditions constitute the entire agreement between WIZ and the Customer in respect of the Works and supersede all prior agreements.

15.3 Any and all implied warranties are expressly excluded.

15.4 No waiver of any of these terms and conditions will be deemed to constitute a waiver of any other term (whether or not similar), nor will such waiver constitute a continuing waiver unless agreed in writing.

15.5 The Works will be undertaken subject to the laws of New Zealand and WIZ takes no responsibility for changes in the law that affect the Works.

15.6 WIZ will not be liable for any delay or default due to any act of God, earthquake, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond its reasonable control and will continue to perform its obligations when the delay or default has ceased.

15.7 WIZ may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

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16. Guarantee

16.1 In consideration of WIZ agreeing to undertake the Works, the Guarantor, as principal debtor, and, if more than one jointly and severally, personally guarantees the obligations of the Customer under these terms and conditions.

16.2 Where the Customer is a company or trust, then in consideration of WIZ entering into these terms and conditions, the directors or trustees (as the case may

be) of the Customer agree that they will personally guarantee the obligations of the Customer under these terms and conditions including any payment due by the Customer to WIZ as the principal debtor.

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17. Updates to our Terms of Trade and Conditions

We may update our Terms of Trade and Conditions from time to time to reflect changes in our practices or legal requirements. Please review it periodically for changes. By using our services you consent to our Terms of Trade and Conditions.