1. Definitions

    1. "Contractor" shall mean BIG JOHN'S its successors and assigns or any person acting on behalf of and with the authority of BIG JOHN'S shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by the Contractor to the Customer.

    2. "Guarantor" shall mean that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.

    3. "Works" shall mean Works supplied by the Contractor to the Customer (and where the context so permits shall include any supply of Materials as hereinafter defined) and includes Works described on any invoices, quotation, work authorisation or any other forms as provided by the Contractor to the Customer.

    4. "Materials" shall mean all Materials supplied by the Contractor to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Works as defined above).

    5. "Price" shall mean the price payable for the Works as agreed between the Contractor and the Customer in accordance with clause 3 of this contract.

  1. Acceptance

    1. Any instructions received by the Contractor from the Customer for the supply of Works and/or the Customer's acceptance of Works supplied by the Contractor shall constitute acceptance of the terms and conditions contained herein.

    2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

    3. Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Contractor.

    4. The Customer shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer's name and/or any other change in the Customer's details (including but not limited to, changes in the Customer's address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by the Contractor as a result of the Customer's failure to comply with this clause.

  1. Price And Payment

    1. At the Contractor's sole discretion the Price shall be either:

      1. as indicated on invoices provided by the Contractor to the Customer in respect of Works supplied; or

      2. the Contractor's quoted Price (subject to clause 3.2) which shall be binding upon the Contractor provided that the Customer shall accept the Contractor's quotation in writing within thirty (30) days.

    2. The Contractor reserves the right to change the Price in the event of a variation to the Contractor's quotation. Any variation from the plan of scheduled Works or specifications (including, but not limited to, any variation as a result of additional Works required due to hidden or unidentifiable difficulties beyond the reasonable control of the Contractor) will be detailed in writing and charged for on the basis of the Contractor's quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

    3. At the Contractor's sole discretion a deposit may be required.

    4. At the Contractor's sole discretion:

      1. payment shall be due on completion of the Works; or

      2. payment shall be due before delivery of the Works; or

      3. payment for approved Customers shall be made by instalments in accordance with the Contractor's payment schedule; or

      4. payment shall be due seven (7) days following the date of the invoice.

    5. Time for payment for the Works shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due twenty (20) days following the end of the month in which a statement is posted to the Customer's address or address for notices.

    6. Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Contractor.

    7. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

    8. No allowance has been made in the Price for the deduction of retentions. In the event that retentions are made, the Contractor reserves the right to treat retentions as placing the Customer's account into default.

  1. Damages

    1. The Contractor shall not be liable for any loss or damage caused in accessing the work site beyond reasonable control of the Contractor (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas).

  1. Insurance

    1. The Contractor shall have public liability insurance of at least $2m. It is the Customers responsibility to ensure that they are similarly insured.

  1. Customer's Disclaimer

    1. The Customer hereby disclaims any right to rescind, or cancel any contract with the Contractor or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by the Contractor and the Customer acknowledges that the Works are bought relying solely upon the Customer's skill and judgment.

  1. Defects

    1. The Customer shall inspect the Works on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Contractor an opportunity to inspect the Works within a reasonable time following delivery if the Customer believes the Works are defective in any way. If the Customer shall fail to comply with these provisions the Works shall be presumed to be free from any defect or damage. For defective Works, which the Contractor has agreed in writing that the Customer is entitled to reject, the Contractor's liability is limited to either (at the Contractor's discretion) replacing the Materials or repairing the Works.

  1. Warranty

    1. Contractor warrants that if any defect in any workmanship of the Contractor becomes apparent and is reported to the Contractor within 7 days of the date of delivery (time being of the essence) then the Contractor will either (at the Contractor's sole discretion) replace or remedy the workmanship.

    2. The conditions applicable to the warranty given by Clause 8.1 are:

      1. the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

        1. failure on the part of the Customer to properly maintain any Works; or

        2. failure on the part of the Customer to follow any instructions or guidelines provided by the Contractor; or

        3. any use of any Works otherwise than for any application specified on a quote or order form; or

        4. the continued use of any Works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

        5. fair wear and tear, any accident or act of God.

      2. the warranty shall cease and the Contractor shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Contractor's consent.

      3. in respect of all claims the Contractor shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer's claim.

    3. For Materials not manufactured by the Contractor, the warranty shall be the current warranty provided by the manufacturer of the Materials. The Contractor shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.

  1. Consumer Guarantees Act 1993

    1. If the Customer is acquiring Works for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Works by the Contractor to the Customer.

  1. Default & Consequences of Default

    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Contractor's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

    2. In the event that the Customer's payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by the Contractor.

    3. If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in pursuing the debt including legal costs on a solicitor and own Customer basis and the Contractor's collection agency costs.

    4. Without prejudice to any other remedies the Contractor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Contractor may suspend or terminate the supply of Works to the Customer and any of its other obligations under the terms and conditions. The Contractor will not be liable to the Customer for any loss or damage the Customer suffers because the Contractor has exercised its rights under this clause.

    5. If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.

    6. Without prejudice to the Contractor's other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable in the event that:

      1. any money payable to the Contractor becomes overdue, or in the Contractor's opinion the Customer will be unable to meet its payments as they fall due; or

      2. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

      3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

  1. Cancellation

    1. The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are delivered by giving written notice to the Customer. On giving such notice the Contractor shall repay to the Customer any sums paid in respect of the Price. The Contractor shall not be liable for any loss or damage whatever arising from such cancellation.

    2. In the event that the Customer cancels delivery of the Works the Customer shall be liable for any loss incurred by the Contractor (including, but not limited to, any loss of profits) up to the time of cancellation.

  1. Privacy Act 1993

    1. The Customer and the Guarantor/s (if separate to the Customer) authorises the Contractor to:

      1. collect, retain and use any information about the Customer and/or Guarantors, for the purpose of assessing the Customer's and/or Guarantors creditworthiness or marketing products and Materials to the Customer and/or Guarantors; and

      2. disclose information about the Customer and/or Guarantors, whether collected by the Contractor from the Customer and/or Guarantors directly or obtained by the Contractor from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer and/or Guarantors.

    2. Where the Customer and/or Guarantors are an individual the authorities under clause 12.1 are authorities or consents for the purposes of the Privacy Act 1993.

    3. The Customer and/or Guarantors shall have the right to request the Contractor for a copy of the information about the Customer and/or Guarantors retained by the Contractor and the right to request the Contractor to correct any incorrect information about the Customer and/or Guarantors held by the Contractor.

  1. Dispute Resolution

    1. If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration.

  1. General

    1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

    2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

    3. The Contractor shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Contractor of these terms and conditions.

    4. In the event of any breach of this contract by the Contractor the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Works.

    5. The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Contractor.

    6. The Contractor may license or sub-contract all or any part of its rights and obligations without the Customer's consent.

    7. The Contractor reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Customer of such change.

    8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

    9. The failure by the Contractor to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Contractor's right to subsequently enforce that provision.

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All prices are GST incl. and are based on average dimensions. For an estimate please contact us.

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