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 20 th 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.
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
6.1 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.
6.2 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
7.1 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
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.