Terms and Conditions of Trade
These terms and conditions of business cover VIP Plumbing Limited's ("VIP", "us", "we" or "our") obligations as a service provider and your obligations as a customer. All work is carried out under these terms and conditions unless otherwise agreed in writing and it is your responsibility to ensure you have read and understand these terms and conditions. Please read them carefully.
These Terms were last updated on 4th February 2015.
Our Fees
Our fees, or the basis upon which our fees will be calculated, will be set out in a separate schedule of fees or in other contracts, estimates or quotes provided throughout the duration of our engagement.
Estimates, Quotes and Specifications
Unless otherwise stated estimates and quotes are valid for 30 days and we reserve the right to review and/or alter pricing for goods or services at any time. Any fees quoted in these documents are determined at the time they are provided to you and based on the information provided at the time. Any variation to these specifications may result in additional charges. Written instructions and specifications are preferred and we shall not be held liable for errors and omissions arising from an oversight or a misinterpretation of verbal instructions.
Other Charges
Any materials or costs incurred as part of this engagement including but not limited to; outsourced services, mobiles/data/toll charges, postage/courier/shipping, packaging, printing, travel, accommodation, will be on-charged including a reasonable margin where applicable.
Payment of Fees
GST (if any) will be applied to our fees and other charges. Unless stated all quotes, estimates and pricing schedules are exclusive of GST. Unless agreed in writing prior to commencement of work, payments for fees, costs or goods supplied are due in full by the 20th month following the billing date.
If any amount you owe us is more that 7 days overdue:
we may charge interest at 2% above the 90-day Bank Bill Rate;
we may suspend work; and
we may exercise a lien over any work or documents that are in our possession
we may refer any outstanding amounts onto a collection agency or other third party, and you may be liable for associated fee's, commissions and costs incurred in this process
Cancelled or Suspended Work
The suspension of any work on the client's request will entitle us to payment in full for all services and costs occurred up to the time of suspension and for any work already completed that has monies outstanding. If any work or orders for materials are cancelled we are entitled to be compensated for any expenses or losses incurred.
Our Staff
You agree that during the provision of services, and for a period of 12 months thereafter, you will not make any offer of employment to any of our partners, employee or contractors involved in the provision of the services, without our prior written consent. You agree that should you employ any VIP partner or employee involved in the provision of services during the provision of services, and for a period of 12 months thereafter, you will pay us a fee equal to 50% of the remuneration package offered to the person(s) concerned.
Ownership of Work
You will acquire ownership of the final work produced under this engagement upon full payment of fees and other charges.
Work samples, plans, sketches, concepts, development work, demo models, other work submitted on a speculative, conceptual, or developmental basis do not form part of the final product and remain our property and can not be distributed, modified or used by you for any purposes unless otherwise agreed in writing. Unless otherwise agreed or permitted by way of an applicable license, software developed by us including; software source code, integrated software, product customisations, applications, development frameworks, and tools remain our intellectual property and cannot be distributed, sold, modified or adapted in any way.
Use of Work for Marketing Purposes
We reserve the right to display and disclose to clients finished work, photos of work in progress and photos finished work for marketing purposes unless otherwise agreed in writing prior to work commencing. Unless otherwise agreed we also reserve the right to display our name, a link and/or associated branding within the finished product.
Outside Influences
We shall not be held responsible for any delay, damage, or loss due to any causes beyond our control such as; Acts of God, accidents, infrastructure or equipment failure, and industrial disputes.
Limitation of Liability
We shall not be liable for any direct or indirect loss to a client or other third party arising from failure of equipment, errors in carrying out the work or by delay in delivery.
Guarantee of Suitability
No guarantee shall be given or implied that any products, goods or services supplied or designed to instructions are suitable for specific requirements unless those requirements are documented and/or from part of the original quotation and/or specification.
Electronic Services and Communications
You authorise us to communicate with you and others electronically. This may include instructions such as briefs, requirements, approvals, purchase orders. Emails are deemed as written communications. Electronic services and communications can be subject to interference or corruption. We do not warrant that our electronic communications will always be accurate, complete, confidential and secure.
Current Technology
We only support technologies current at the time of development and we accept no responsibility if changes to technology outside of our control renders a product or service depreciated, or as no longer accessible.
General Jurisdiction
Our relationship with you is governed by New Zealand law. New Zealand courts shall have exclusive jurisdiction over any dispute arising out of this agreement or the agreed services.