Terms of Service
1. Application
1.1 These terms of trade ("Terms") are applicable to all services provided by Sim W Ltd t/a Remington Commercial ("us, we, our") for commercial cleaning and related services ("Services"). These Terms take precedence in case of any inconsistency with other documents.
2. Quotations
2.1 These Terms apply to all quotations we provide.
2.2 Our quotations are based on specific assumptions, including: (a) Estimations of the areas to be serviced. (b) Assumption of easy access to necessary resources like electricity and water. (c) Adequate resources for continuous operation. (d) Normal service requirements for the job.
2.3 We reserve the right to adjust our quotations if we later find any inaccuracies in the initial assumptions, resulting in a 10% or longer increase in service time.
2.4 If we need to amend a quotation per clause 2.3, we will consult with you. Failure to agree on revised pricing may lead to the refusal of services.
3. Authorization
3.1 You acknowledge that we are not responsible for verifying the authority of any person placing orders on your behalf. You are responsible for obtaining all necessary authorizations (including licenses, permits, and consents) for the Services we provide.
4. Your Responsibilities and Risks
4.1 You must strictly adhere to our provided instructions, cautions, warnings, and aftercare instructions ("our Instructions") for the Services.
4.2 You agree to: (a) Inform us of any sensitive areas on the property that need special attention or avoidance during the Services. (b) Ensure that items near the premises' exterior are moved to allow us sufficient room for the Services. (c) Remove objects from surfaces to provide access. (d) Ensure safety certifications for any necessary equipment.
4.3 You must provide us with unimpeded access to the premises for the Services. You agree to inform us of any access restrictions, secured areas, or locked spaces requiring special access.
4.4 We are not liable for any damages, losses, or expenses resulting from your failure to comply with our Instructions or clauses 4.2 and 4.3.
4.5 You are still liable for the Service payment if we cannot perform the Services due to circumstances within your control and your failure to comply with clauses 4.2 or 4.3.
5. Limitation of Liability
5.1 We exercise reasonable care in providing the Services. However, if we become liable for any loss, damage, harm, or injury connected with the Services, our liability is limited to the total price you paid for the Services. We are not liable for consequential losses.
5.2 All claims must be submitted in writing and verified by us within three months from the date you became aware of the circumstances leading to the claim.
6. Your Indemnity
6.1 You will indemnify us against physical, direct, and indirect damages, economic losses, or other costs and expenses, including legal fees, arising from your actions or breaches of these Terms.
7. Price
7.1 Unless stated otherwise, all quotes are exclusive of GST.
8. Payment
8.1 You agree to: (a) Pay us in cleared funds by the 20th of the month following the invoice date, unless otherwise agreed in writing. (b) Pay any non-refundable deposit immediately upon accepting our quote. (c) Ensure payment is free of counterclaims, set-offs, or deductions. (d) Provide payment or security if your creditworthiness deteriorates during service.
9. Termination
9.1 We may exercise the following rights, without prejudice to other remedies, if any of the events outlined in clause 9.2 occur: (a) Delay service until issues are resolved. (b) Suspend or cancel these Terms or other contracts by written notice. (c) Recover amounts for damages, losses, or expenses, including legal costs. (d) Charge default interest at 22% per annum. (e) Demand immediate payment of all amounts owed.
9.2 Events include breaches of obligations, negotiations for debt arrangements, inability to pay debts, liquidation proceedings, receivership, or bankruptcy.
10. Consumer Guarantees Act 1993
10.1 The Consumer Guarantees Act 1993 does not apply as the Services are for business purposes.
11. Warranties
11.1 All statutory, express, or implied warranties, including merchantability and fitness for a specific purpose, are excluded to the extent permitted by law.
12. Privacy Information
12.1 Information provided to us may be used for business purposes, including direct marketing, debt collection, and credit reporting. You authorize us to share this information with external agencies for credit assessment.
13. Unsolicited Electronic Messages Act 2007
13.1 You consent to receiving commercial emails from us unless you opt out via email at [email protected]
14. Services
14.1 We will make reasonable efforts to perform the Services on the specified dates, provided conditions are suitable. We are not liable if conditions are unsuitable or access is restricted.
15. Health and Safety
15.1 Both parties agree to comply with the Health and Safety at Work Act 2015 (HSWA) and share information on hazards and risk controls.
15.2 We will report accidents or incidents and provide information on our health and safety plan.
15.3 You agree to discuss hazards and provide details of your health and safety plan if requested.
15.4 Both parties will indemnify each other against losses, costs, and expenses arising from HSWA non-compliance.
16. General
16.1 Time is of the essence for your obligations.
16.2 Our past failure to enforce rights does not prevent us from enforcing them in the future.
16.3 Notices will be given as per applicable laws.
16.4 While you can't assign your rights, we can.
16.5 We may issue proceedings in any suitable court, and these Terms are governed by New Zealand law.
16.6 Any invalid provisions do not affect the remaining Terms.
16.7 These Terms and any quotes or estimates constitute the entire agreement, with no other representations consider