Our Terms and Conditions
These are the standard terms of trade for Nelmac Limited. Where you accept a quote or tender offered to you by Nelmac Limited, it will be on these terms unless agreed otherwise in writing and signed by both parties
1. Valid Period
Any quote is valid for one calendar month.
Acceptance will be notified by returning a signed Short Form Agreement.
Progress payments shall be made monthly.
All invoices will be treated as payment claims pursuant to the Construction Contracts Act 2002.
4. Payment Due Date
Payment and/or the provision of any payment schedule must be made/submitted by the 20th of the month following the date of any invoice.
5. Payment Default
Where any amount remains outstanding under any invoice in excess of 30 days following due date for payment which is not disputed by a payment schedule, the client will be liable to pay the actual costs of collection (including solicitors costs) together with interest at 12% per annum calculated daily from the date the debt was due for payment.
6. Nelmac Responsibilities
a. undertake the Contract Works in a proper and competent manner and in accordance with plans and specifications which define the scope of works;
b. where the client is charged on a time and materials basis, keep a detailed record of individual worker time allocation and materials used and submit an accurate account;
c. ensure compliance by its employees with Health and Safety regulations and requirements;
d. submit on request a written proposal for variation of contract works for client approval;
e. endeavor to undertake and complete the Contract Works in a timely and efficient manner, subject to weather conditions, availability of materials and its competing business demands;
f. keep the client informed of the progress of the Contract Works and the intended program to completion of works.
7. Client Responsibilities
The client will:
a. Provide Nelmac with all relevant information affecting the work site including planning and/or regulatory restrictions, location of public or private utilities and services.
b. Provide Nelmac with information on all easements, restrictive covenants or any relevant limitation which may affect the owners title including restrictions under any Consent Notice under Section 221 Resource Management Act.
c. Where the client is not the owner of the property, they shall obtain in advance all necessary permissions to enter onto the work site and undertake the building work.
d. Where access over private land is required, the client will obtain all rights and necessary permissions for Nelmac and its agents to cross such land.
e. Obtain all necessary building consents, planning permissions and/or resource consents and any other statutory requirement for the purpose of lawfully undertaking the contract work. Where the works require a building consent, the client is responsible for obtaining a code compliance certificate.
f. Indemnify Nelmac for any liability arising from the clients breach of contract including any liability arising from its failure to obtain any necessary planning or consent requirement from Council.
g. Provide Nelmac on request, with copies of documentation confirming satisfaction of the requirements listed as (a) to (f) above.
h. Take care to ensure all newly constructed plant, systems, equipment and plantings are properly cared for and maintained in accordance with general practice, any manufactures recommendations and/or advice from Nelmac.
a. These terms and conditions are guided by the principles set out in the Standards New Zealand Standard NZS 3910:2013 which are aligned with the requirements of the Construction Contracts Act 2002.
b. No variation of these terms shall be allowed otherwise than by written agreement signed by both parties.
c. Where the completion of the contract works becomes impossible or impractical due to any reason beyond the reasonable control of the parties, then either party may give notice to cancel the contract and Nelmac shall be entitled to payment for work to the date of cancellation.
d. Assignment – this contract may only be assigned if both the owner and the builder agree in writing.
e. Notices – communication which are required to be in the form of Notices must be in writing addressed to the other party and delivered by email and supported by evidence of successful receipt.
f. Waiver – no delay or failure to act is a waiver. No waiver is effective unless it is in writing. A waiver of a particular breach is not a waiver of any other breach.
g. Governing law – New Zealand law shall apply to this contract. New Zealand courts have exclusive jurisdiction.
h. Personal information – any personal information given by one party to the other must be kept private, unless expressly agreed in writing. The personal information must only be used for the purpose for which it was given and Nelmac shall ensure that all private information is stored and used in accordance with its Confidentiality of Information Policy (306-3).
i. All monetary amounts included in this contract exclude GST, unless stated otherwise.
j. The client agrees that Nelmac may use their email address for advising of news, updates and any services provided by Nelmac from time to time.
a. The Contractor shall arrange and maintain public liability insurance and motor vehicle third party liability insurance of no less than $1,000,000 in the joint names of the Contractor and the Principal until final completion of the Works. These insurances must cover both the Contactor and the Principal for any liability for loss or damage to any property, or injury or illness or death to any person that arises from the carrying out of the Works.
b. The Client shall arrange and maintain contract works insurance in the joint names of the Contractor, subcontractors and the Client, until Completion of the Contract Works, to cover loss or damage in accordance with its insurance policies. The insurance shall also cover loss or damage resulting from an act or omission of the Contractor in the course of remedying defects.
10. Disputes Resolution
a. If either Party notifies the other in writing of any dispute arising out of or in relation to the Contract, the Parties must in good faith endeavour to resolve the dispute. The Parties may agree to use a mediator.
b. If the dispute is not resolved within twenty (20) Business Days after the date of the notice of dispute, then unless both parties agree otherwise, the dispute must be referred to a sole arbitrator, to be agreed between the parties or appointed under the procedures of the Arbitration Act 1996, for resolution in accordance with the Arbitration Act 1996.
c. The costs of an arbitrator (subject to any award by the arbitrator) are to be borne equally by the parties.
d. The award of the arbitrator is final and binding on the client and Nelmac.