TERMS AND CONDITIONS for: HAMILTON PAINT AND PLASTER LTD

• Instalment fees and progress payment payable on receipt of invoice
• Any recoverable expenses, additional to the above quotation, will be on the basis of cost to Hamilton Paint and Plaster, plus 12.5% margin for handling.
• Subsequent quotation/estimate, if any additional work is found to be required, the Client will be contacted for their approval before any further work is carried out.
• The provision of any services or the issue of a report does not imply approval by Hamilton Paint and Plaster of any particular purpose and therefore no statement or advertising shall state or imply approval by Hamilton Paint and Plaster.
• Hamilton Paint and Plaster reserves all copyright in any report or other written advice prepaid by Hamilton Paint and Plaster for the client. The Chief Executive’s prior written consent must be obtained before:

• Any extract or abridgement of the report is published;
  The report is used in or referred to in connection with any company prospectus or publicly issued report;
• Any statement is made that the item is the subject of a report by Hamilton Paint and Plaster.

• Hamilton Paint and Plaster will exercise reasonable skill, care and diligence in the performance of its obligations under the agreement.
• Hamilton Paint and Plaster shall not be liable for the commercial performance of the project or any of the consequences of the Client’s commercial decisions, or shall Hamilton Paint and Plaster be help to have given or implied any warranty as to the commercial performance of the project.
• Hamilton Paint and Plaster has no responsibility for or liability of costs, loss or damage arising from:

• Any errors or omissions from data, documents etc, not prepared by Hamilton Paint and Plaster or Hamilton Paint and Plaster’s employees or other person under the direct control of Hamilton Paint and Plaster.
• Any act or omission or lack of performance or any negligent or fraudulent act or omission by the client or any other consultant, contractor or supplier.

• The Client shall not make claim against any individual employees of Hamilton Paint and Plaster for any cost, losses or damages sustained by the Client arising from the project.
• Both parties shall keep all commercially sensitive information obtained by them in the context of the Agreement confidential and shall not divulge it without the written approval of the other party.
• The contents of any written report or other work prepared by Hamilton Paint and Plaster is confidential and has been prepared solely for the Client and shall not be relied upon by any other third parties. Hamilton Paint and Plaster accepts no responsibility of anything done or not done by any third party in reliance, whether wholly or partially on any of the contents of Hamilton Paint and Plaster’s advice.
• All reports have been prepared on the basis of the information supplied by the client which has not been verified by Hamilton Paint and Plaster. Hamilton Paint and Plaster does not accept liability for any omissions or error in this report arising from any deficiencies or mistakes in the information provided by the Client.
• The Terms and Conditions of this Agreement are to be read in conjunction with any conditions, assumptions or limitations contained in the report or other written advice prepared by Hamilton Paint and Plaster.
• The Client agrees to indemnify Hamilton Paint and Plaster against any liability or costs incurred by Hamilton Paint and Plaster as a result of any breach of this Agreement by the Client.
• Nothing in this Agreement shall be construed as limiting the ability of Hamilton Paint and Plaster as a result of any breach of this agreement by the Client.
• Client confirms that building has final Code of Compliance
• Quotations do not include any builders fees or any specialists fees or payment to other trades for any unseen damage on building.
• Builders estimate or fee not included in quotations.
• Quotations can only be based on information provided from owner and/ or specialist services, eg: Building Advisory Bureau, Builders reports ect.
• The parties agree that the Construction Contracts Act 2004 (including any future updates) govern the rights and obligations of the Client and Hamilton Paint and Plaster in relation to this Agreement.
• The parties agree that the laws of New Zealand shall govern the rights and obligations of the Client and Hamilton Paint and Plaster in relation to this Agreement.

Asbestos Removal Textured Ceilings

We have not allowed for the following:

• Any costs associated with the site facilities, or an electrician to remove and isolate electrical fittings
• Any scaffolding required for the safe removal of the ceiling material
• Removal or relocation of any household furniture pre/post removal.
• Replacement materials once the asbestos textured ceiling have been scraped or removed
• Relocation/replacement of any ceiling batts or insulation post removal (if ceilings are cut & out)
• Removal of any other material that may contain asbestos textured ceiling as noted below

• Our terms of trade are attached. As noted, no public liability coverage is available for asbestos work.

• Should this work proceed, our terms of payment are balance payable on completion of work
• We draw your attention to the potential damage to walls, doors and trims etc in our terms of trade, due to the material to create a safe seal (older wall paper, paints, varnish and timber stains are most susceptible).

Set out below is our terms of trade –

• Our price is exclusive of GST.
  Public Liability Insurance. This is not available for asbestos work or where asbestos is present in any form, and is therefore not included.
• Acceptance of our price implies that the contract is direct with the acceptor.
  Invoice are submitted at the end of each job and or progress or final claims. Faxed or emailed claims shall be formal notification that a claim exists and an invoice will follow accordingly.
• All invoices, for claims. Increased cost or variations, shall be free of retentions, regardless of any other conditions of contract, and shall be paid in full. There shall be no right to retain any monies pending the completion of our acceptor, head contractor or any other contractor.
• All invoices are due on the date listed in our letter/email/fax or on the completion of works or following whichever is earlier. Should you fail to pay the account on time you shall be responsible for paying, in addition to all monies outstanding any collection and recovery charge.
• Loss of Profits. Where major deletions affect the overall profit, we reserve the right to claim these losses, except where an addition is pending in its place.
• Monitoring and clearance testing.
• Unless otherwise stated, invoices are subjected to cost plus 15%. Invoices are for immediate payment.
• We recommend dust sampling and air monitoring before commencement of any work associated with the removal of any asbestos.
• We make no allowance for any testing or monitoring cost unless expressly stated.
• Up until we leave your site you can ask to have monitoring or testing undertaken, once we leave site we are not bound by any results.
• All reasonable protection of your plant, furnishings, household goods, equipment’s and the like, either movable or permanent. We have made no allowance for liability for damage.

Implication of Liabilities –

• We accept no claims should asbestos be found, either now or in the future, in any areas beyond the work area of this contact.
• It is implied that this contract cannot guarantee that every fibre of asbestos can be removed from the work area, although every means will be taken to try and achieve this.
• It is your responsibility to advise other subcontractors, visitors, or your own personnel of the nature of our work. Should you, other trades, or any person not under our control damage our work, plant, or cause asbestos to contaminate other areas outside the work area, we reserve the right to recover any loss or cost additional to our contract.
• Due to restrictive nature of our work, all care will be taken with existing services, however, should these be damaged in any way, there will be no liability other than immediate notification of the damage, to the appropriate management personnel.
• Due to Governmental requirements on works methods, damage may be caused where applicable, to wallpaper, painted or textured surfaces, or other surfaces where taping and/or stapling of polythene is required. No alternative method is available. No allowance has been made for making good unless so noted.
• We accept no claims for any damage should water, vermin or other matter enter the premises, where it is your responsibility to protect these areas, or where we have allowed for all reasonable protection.
• We will not be responsible or liable for any costs, through delays due to any circumstances, either contractual, by Government regulations, clearance or monitoring and testing, any resting or any other related matter, due to the nature of our work.
• We reserve the right to claim increase costs, where time extension have been allowed in the contract, and materials or labour cost increase during that time.

Asbestos Roof Removal –

• There is a possibility that asbestos dust could be present on beams, ledges and ceiling spaces, before an asbestos roof removal. This is more likely to have occurred during the early years, as wind can cause asbestos fibres to enter through the gaps in the edges of the sheets while the roof was new. We have made no allowance for testing of dust samples within these areas, for any labour and plant required, should asbestos be found, before or after completion of our work.

Changes to Terms of Trade –

• These terms remain intact unless the proposed acceptor and Hamilton Paint and Plaster reach a mutual signed agreement otherwise on or before closing date of the tender, start of work, or acceptance of the submitted price.