Terms and Conditions
This document sets out the terms and conditions upon which we will provide you Services and/or Products. By signing an agreement for work to proceed with one of our representatives, you agree to be bound by our Terms and Conditions.
In these Terms and Conditions:
“we”, “us” or “our” means the company detailed above trading as Mr Fix-it Wgtn Ltd;
“you” or “your” means the customer that requested the job.
“Products” means any products provided by us;
“Product cost” means the cost quoted by us for any Product purchased by you;
“Services” means the on-site building, handyman, and maintenance work reasonably requested by you and provided by us during a job
“Labour cost” means the hours worked by us to complete your job, charged at a rate of $65 + GST/hour per builder
“Minimum charge” means any job taking under one hour to complete is charged at the rate of $95 + GST. This includes a $35 + GST van charge
Where you sign a work agreement for a job, we will attend the premises for that job at the arranged time unless there are unforeseen circumstances, in which case contact will be made with you.
In consideration of the Fees, we will perform the Services in accordance with these Terms and Conditions.
We may provide an estimate of the time required to provide any Services.
However, we do not guarantee any estimate of time will be accurate.
To enable us to undertake the Services:
you must provide us all information, assistance, co-operation and access to premises and equipment that we may reasonably require to undertake the Services; and
We will use reasonable endeavours to achieve the objectives of the Services but we provide no guarantee, and we will not be liable for any failure to meet the objectives.
Where agreed with you, we will provide Products as part of the agreement and subject to these Terms and Conditions.
You agree that risk in any Products supplied by us passes to you immediately upon supply.
Title to Products will remain with us, and will not pass to you, until you have paid Product Fees and other Fees associated with that work agreement in cleared funds.
We will invoice on completion of each job and you must pay those Fees to us within 7 days of invoicing.
Payment must be made in cash or by cheque, or internet banking. Payment by cheque will incur an additional $5 processing fee which you must add to the total amount payable.
If you do not pay on time, you must pay interest to us at the rate of 10% per month from the due date until the date payment is received by us in full and you must pay any additional debt collection costs.
We will maintain as secret and confidential all information we obtain from you in providing the Services and will not use that information for any reason other than as necessary for providing the Services. This obligation will not apply to information that is in the public domain or that is known to us or obtained by us without breaching any obligation to you or that we are required to disclose by law.
You authorize us to collect, retain, use and provide to our staff and agents any personal information (“Information”) about you for the purposes of meeting our obligations to you, and enforcing our rights against you.
We warrant that we will use reasonable skill and care in undertaking the Services.
No warranty is given for the Products where any failure or defect results from:
(a) improper storage or handling of the Products by you;
(b) use, installation, modification or alteration (including repair) of the Products other than as recommended or authorized in writing by the manufacturer or us;
(c) fair wear and tear on the Products;
(d) failure to maintain the Products in accordance with any care or maintenance instructions provided by us or the manufacturer; or
(e) any other matter or event specified in relation to a specific Product as invalidating or being excluded from any warranty.
Your sole remedy in relation to the breach of any warranty under this agreement or at law, in relation to any:
(a) Service, will be for us to re-perform such Services to the required standard; or
(b) Product, will be for us to repair or replace such Product, at our option, provided that if neither option is available to us (as determined solely by us) we may refund the price paid for that Product.
We have no obligation to install, customise or provide any other Service in relation to any Products repaired or replaced due to a breach of any Product warranty.
You acknowledge that if the Services or Products are supplied for business purposes the guarantees provided under the Consumer Guarantees Act 1993 do not apply.
Other than the warranties set out in these Terms and Conditions, all other express or implied warranties in respect of the Services and Products are excluded to the fullest extent permitted by law including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. All statements, technical information and recommendations made by the manufacturer and/or us about the Services or Products are believed to be reliable, but do not constitute a guarantee or warranty.
You warrant that you are authorized to arrange each job and, in providing the Services or Products, our access to your premises, use of the equipment, software, information or other material made available by you will not breach any third party rights.
In no event will we be liable (whether in contract, tort or negligence) to you for:
(a) loss of profits or savings, loss of goodwill or opportunity, or wasted staff time; or
(b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services or Products supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.
To the extent allowed by law, our total liability under any claim of any nature arising directly or indirectly from any Service or Product will not exceed the Fees paid by you for that Service or Product.
You indemnify us against any and all liability, losses, damages, costs and expenses of any nature whatsoever awarded against, incurred or suffered by us, whether direct or consequential, arising out of or resulting from your breach of being authorized to arrange the job.
We may immediately terminate the agreement between us if we consider:
(a) you are in breach of these Terms and Conditions;
(b) there is any threat to the safety of any of our staff or agents;
(c) you are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.
If we terminate our agreement we will cease to undertake the Services and all Fees incurred up to that time will immediately become payable.
We will not be liable to you for any breach or failure to perform any of our obligations where such breach or failure is caused by anything beyond our reasonable control, including (without limitation) inability to obtain supplies, war, civil commotion, terrorism, strike, lockout, other industrial act, weather phenomena or other act of God.
We may amend these Terms and Conditions from time to time. The current Terms and Conditions at any time are available on our website: www.mrfixitwellington.co.nz
These Terms and Conditions and any ordering document we may provide you contain the whole of the contract and understanding between you and us relating to the matters covered by these Terms and Conditions.
New Zealand law governs the formation, validity, construction and performance of these Terms and Conditions.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
The materials on Mr Fix-it's web site are provided "as is". Mr Fix-it makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mr Fix-it does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Mr Fix-it's web site for personal, non-commercial transitory viewing only.
This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Mr Fix-it's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mr Fix-it at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
In no event shall Mr Fix-it or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Mr Fix-it's Internet site, even if Mr Fix-it or a Mr Fix-it authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Mr Fix-it has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mr Fix-it of the site. Use of any such linked web site is at the user's own risk.
6. Revisions and Errata
The materials appearing on Mr Fix-it's web site could include technical, typographical, or photographic errors. Mr Fix-it does not warrant that any of the materials on its web site are accurate, complete, or current. Mr Fix-it may make changes to the materials contained on its web site at any time without notice. Mr Fix-it does not, however, make any commitment to update the materials.
8. Governing Law
Any claim relating to Mr Fix-it's web site shall be governed by the laws of the State of Wellington without regard to its conflict of law provisions.