Terms & Conditions

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Terms and Conditions

Acceptance of Terms and Conditions
1.1 Contracting the Supplier to carry out work or acceptance of a quote/contract provided by the
Supplier constitutes acceptance by the customer of these terms and conditions.

Quotes and Estimates
2.1 All quotes or estimates are valid for 30 days, after which we reserve the right to amend if
necessary to allow for price variances.
2.2 That the work quoted for will proceed smoothly and there are no unforeseen difficulties with
the work or time delays caused by the customer or for reasons outside the Suppliers control.
2.3 Where additional services are required due to the discovery of hidden or unidentifiable
difficulties, The Supplier has the right to adjust the quoted price accordingly. This includes and is
not limited to poor weather, limitations to accessing the site etc. The Supplier may at its option
cancel this contract if agreement is not reached with the customer around any price difference.
2.4 No variations to the work originally quoted for shall be carried out without the agreement of
both the customer and supplier.
2.5 Where the customer and the Supplier have agreed to the variation, the Supplier will be
entitled to charge for the work involved in such variation at The Supplier’s usual rate.

Price and Payment Terms
3.1 Payment terms are as indicated on any invoices and or quotes/contracts supplied by The
Supplier. Standard payment terms will be 7 days, 14 days or 20th of the following month and will
be stipulated on the customers invoice. Progress payments may be required in some instances,
and this will be outlined in the quotation/contract by The Supplier.
3.2. Should a job be cancelled after acceptance of the quote and payment of a deposit, The
Supplier has the right to deduct all costs incurred for Materials, labour and profit in relation to
that job from the deposit.
3.3 All goods and services are supplied at the price ruling at delivery date and The Supplier
reserves the right to pass on to the customer any price increase incurred after the date of any
quote.
3.4 All prices as quoted are inclusive of goods and services tax unless otherwise stated.
3.5 If full payment is not made by the customer to the Supplier in accordance with
clause 3.1 or 3.2, then the customer will be in default under this contract and the Supplier may
exercise all of the rights and remedies set out in this contract and otherwise available within the
law; and
3.6 The customer will pay an administration fee on overdue accounts of $25.00 per calendar
month.
3.7 The customer will be liable for all expenses incurred by the Supplier in recovering the debt
including but not limited to collection agency fee, legal fees and court costs inclusive of the
disputes tribunal.
3.8 The customer shall be liable to pay interest at the rate of 2% above the current bank
overdraft interest rate on all overdue accounts at The Supplier’s discretion.

Variations:
4.1 Any variations to the original quotes will be documented by the Supplier and are to be signed
and accepted by the customer before work resumes. The account for the variation will be issued
with your invoice and be paid under our normal payment terms.

Consumer Guarantees Act
5.1 Where the Supplier is supplying goods and services to the customer for business purposes
within the meaning of the Consumer Guarantees Act 1993, pursuant to section 43 the provision
of that act will not apply to this agreement.

Information and Privacy Act
61 For the purpose of facilitating the efficient running of the Supplier’s business, the customer
authorizes the Supplier to collect all information it may require from any third parties and
authorises those third parties to release that information to the Supplier.
62 The customer agrees that this information may be passed to a third party or to any other
person to facilitate collection of debts from the customer.
6.3 Such information will be accessible to any of the Supplier’s employees and agents who need
access to it for the efficient running of The Supplier’s business.
6.4 The customer may request access to and correction of this information at any time.
6.5 The Supplier will comply with all requirements under the Privacy Act 2020

Construction Contracts Act 2002
71 Where not covered in these terms of trade or altered under mutual agreement, the default
provisions in the Construction Contracts Act 2002 will be applied to any payment claims
7.2 Disputes will be referred to the adjudicator under the provisions in the Act.
7.3 We reserve the right to suspend work as allowed in the provisions in the Act

Health and Safety:
11.1 The Supplier will be responsible for their own safety and health. The Supplier must comply
with the Health and Safety at Work Act 2015, any regulations made under the Act, and any health
and safety policies, directives, or procedures of the business.

Definitions
The Supplier – Giga Civil Limited
Customer- Any person or entity that engages Giga Civil Limited for the supply of services.