1. Definitions

• Client: The person or entity requesting work from Speedy Screens. This includes each client, if there is more than one; each partner, if the client is a partnership; a trustee, if the client is part of a trust; and the client's executors, administrators, successors, and assigns.

• Contract: The terms and conditions outlined in the document, along with any related quotation, order, invoice, or supplemental amendments.

• Cookies: Small files stored on a user's computer that hold data specific to a client and website. Clients can choose to enable or disable them on the Speedy Screens website.

• Intended Use: A product and its use that is intended to be, or is likely to be, associated with the Works.

• Non-Conforming Building Product: A building product that is considered non-conforming for an intended use if it is unsafe, doesn't comply with regulations, or fails to perform to the standard it was represented to have.

• Price: The agreed-upon price for the Works, plus any applicable Goods and Services Tax (GST).

• Works: All work, including consultation, manufacturing, and/or installation services or materials supplied by Speedy Screens at the client's request.

• Worksite: The address where materials are to be supplied by Speedy Screens, as nominated by the client.

2. Acceptance

• By placing an order or accepting delivery of any Works, the Client is considered to have accepted and is immediately bound by these terms and conditions.

• The terms of this Contract prevail over any inconsistencies in prior documents.

• Any changes to these terms must be made in writing with the consent of both parties.

3. Authorised Representatives

• A third party introduced by the client as an authorised representative has full authority to order materials or request variations to the Works on the client's behalf. This authority continues until the Works are completed or the client provides written notice that the person is no longer their representative.

• If a representative has limited authority, the client must advise Speedy Screens in writing of the specific limitations.

• The client is solely liable for all additional costs incurred by Speedy Screens from requests made by their authorised representative.

4. Errors and Omissions

• Speedy Screens is not liable for errors or omissions resulting from an inadvertent mistake in the Contract or in literature they've supplied.

• If such an error or omission occurs without negligence or willful misconduct on the part of Speedy Screens, the client cannot treat the Contract as invalid.

5. Change in Control

• The client must provide at least fourteen (14) days' written notice of any proposed change in ownership or other client details. The client is liable for any loss incurred by Speedy Screens due to their failure to comply with this clause.

6. Price and Payment

• The price can be: as shown on invoices, Speedy Screens' current price list at the time of delivery, or the quoted price if accepted by the client in writing within 30 days.

• Speedy Screens can change the price of variations to materials or works are requested, additional work is required due to unforeseen difficulties, or if the cost of labour or materials increases beyond their control.

• Variations will be detailed in writing and added to the invoice. The client must respond to a variation request within ten working days or the cost will be added to the price. Payment for variations is due in full upon completion.

• A non-refundable deposit of no less than 50% may be required before any works commence.

• Payment is due on the date determined by Speedy Screens, which may be on completion, via progress payments, twenty days after the end of the month for approved clients, or within seven days of the invoice date.

• The client is not entitled to deduct from the Price or withhold payment of any invoice unless the request for payment is a claim made under the Construction Contracts Act 2002.

• The Price does not include GST unless stated otherwise. The client must pay an amount equal to any GST that Speedy Screens must pay.

7. Provision of the Works

• Speedy Screens will start the Works as soon as is reasonably possible.

• The start and completion dates may be extended if completion is delayed by events beyond Speedy Screens' control, such as the client's failure to make a selection or have the worksite ready.

• The cost of delivery is in addition to the price.

• Speedy Screens may deliver the Works in separate instalments.

• Any specified delivery time is an estimate, and Speedy Screens is not liable for losses due to late delivery. If Speedy Screens is unable to supply the Works due to the client's actions, Speedy Screens may charge a fee for re-supply or storage.

8. Worksite Access and Condition

• The client must ensure Speedy Screens has clear access to the worksite and is not liable for damage to the worksite unless it is due to their negligence. The client must also provide access to water, electricity, and toilet facilities.

• The client agrees to be present at the worksite when requested by Speedy Screens.

• If the client requires a worksite induction during business hours, the client will be charged hourly for that period.

9. Risk

• If Speedy Screens supplies only the materials, all risk passes to the client upon delivery. If Speedy Screens both supplies and installs the materials, they will maintain a contract works insurance policy until the Works are completed, at which time all risk passes to the client.

• If the client asks for materials to be left at an unattended location, the materials are left at the client's sole risk, and the client is responsible for insurance.

• Speedy Screens is not liable for losses or damages resulting from the client incorrectly installing materials.

• Speedy Screens reserves the right to touch up products to fix minor blemishes or damage to paintwork.

• The client accepts that materials may exhibit variations in shade, colour, texture, and finish, and may fade, change colour, expand, or be damaged over time.

10. Dimensions, Plans and Specifications

• The client acknowledges that specifications, illustrations, and dimensions in Speedy Screens' materials are indicative only, and they have not relied on such information.

• Speedy Screens may rely on the accuracy of plans and information provided by the client. If this information is inaccurate, Speedy Screens is not responsible for any resulting loss or damages.

• If the client provides measurements, it is their responsibility to verify the accuracy before an order is placed.

11. Other Tradesmen

• The client is responsible for arranging all other licensed tradesmen unless otherwise agreed.

• The client agrees to indemnify Speedy Screens from any damage caused by other tradesmen.

12. Compliance with Laws

• Both parties must comply with all applicable statutes, regulations, bylaws, and health and safety laws.

• The client accepts responsibility for the suitability and use of any products they supply for the Works.

• Speedy Screens is entitled to halt the Works if it believes the materials supplied by the client are "Non-Conforming" and will not comply with New Zealand regulations.

• The client must obtain all necessary licenses and approvals for the Works at their own expense.

13. Title

• Ownership of the materials does not transfer to the client until all amounts owed to Speedy Screens have been paid in full and all other obligations have been met.

• Until ownership passes, the client is a bailee of the materials and must return them to Speedy Screens upon request.

• The client cannot sell or dispose of the materials unless it is in the ordinary course of business and for market value.

14. Security and Charge

• The client charges all of their rights, title, and interest in any land or assets to secure the performance of their obligations under the contract.

15. Defects in Materials

• The client must inspect the materials on delivery and notify Speedy Screens of any alleged defect, shortage, or damage within seven days of delivery for materials only, or thirty days from installation.

• If the client fails to comply, the materials are presumed to be free from defect or damage. Speedy Screens' liability for defective materials is limited to either replacing or repairing them.

16. Warranties

• For materials not manufactured by Speedy Screens, the warranty is the current warranty provided by the manufacturer. Speedy Screens is not responsible for any other warranty.

17. Consumer Guarantees Act 1993

• If the client is acquiring materials for a trade or business, the provisions of the Consumer Guarantees Act 1993 do not apply.

18. Intellectual Property

• Copyright for all designs, drawings, plans, and products created by Speedy Screens

• remains with Speedy Screens. These may only be used by the client at Speedy Screens' discretion and with their express written approval.

• The client warrants that any designs or instructions they provide will not cause Speedy

• Screens to infringe on any patent or trademark and agrees to indemnify Speedy Screens against any action taken by a third party for such an infringement.

• Speedy Screens may use any documents, designs, drawings, or products they have created for the client for marketing or competition purposes at no cost.

19. Default and Consequences of Default

• Interest on overdue invoices accrues daily at a rate of 2.5% per calendar month.

• If the client owes money, they must indemnify Speedy Screens for all costs incurred in recovering the debt.

• Speedy Screens can cancel all or part of an unfulfilled order, and all amounts owed become immediately payable if the client's payment is overdue, they exceed a credit limit, or become insolvent.

20. Cancellation

• Speedy Screens can suspend or terminate the supply of Works if the client breaches any obligation and fails to remedy the breach within ten working days of receiving notice.

• Speedy Screens is not liable for any loss the client suffers from this action.

• Speedy Screens can cancel a Contract at any time before the Works have started by giving written notice. Upon cancellation, Speedy Screens will repay any sums paid by the client, minus any amounts owed for work already performed.

• If the client cancels the delivery of Works, they are liable for any direct or indirect loss incurred by Speedy Screens, including lost profits.

• Orders for custom products or non-stocklist items cannot be cancelled once production has begun or an order has been placed.

21. Privacy Policy

• All information held by Speedy Screens is considered "Personal Information" and is confidential. Speedy Screens acknowledges its obligations under the Privacy Act 2020.

• The client authorises Speedy Screens or its agent to access, collect, and use information about the client for assessing creditworthiness or marketing.

• The client has the right to request a copy of their personal information and to have any incorrect information corrected.

• Speedy Screens will destroy personal information upon the client's request unless it's required for the Contract or by law.

• The client can make a privacy complaint via e-mail. Speedy Screens will respond within seven days and make a decision within twenty days.

22. Suspension of Works

• Speedy Screens has the right to suspend work with five working days' written notice if a payment claim is not paid in full by the due date or if a payment schedule is not complied with.

• If work is suspended, Speedy Screens is not in breach of contract and is not liable for any loss or damage suffered by the client.

23. Service of Notices

• Written notices can be given in person, by leaving it at the client's address, by registered post, by facsimile, or by email.

24. Trusts

• If the client is a trustee, the Contract extends to all rights of indemnity the client has against the Trust and the trust fund. The client has full authority to enter into the Contract under the Trust.

25. General

• Disputes will be settled by adjudication or arbitration.

• The failure by either party to enforce a provision of these terms does not waive that right.

• The contract is governed by the laws of New Zealand and is subject to the jurisdiction of the courts of Whakatane.

• Speedy Screens is not liable for any indirect or consequential loss.

• Speedy Screens can license or assign its rights and obligations under the contract without the client's consent. The client cannot do so without Speedy Screens' written approval.

• Speedy Screens may subcontract any part of the Works, but remains responsible for its obligations under the Contract.

• The client agrees that Speedy Screens may amend its terms and conditions for future contracts by providing written notice.

• Neither party is liable for defaults due to a "Force Majeure" event, such as an act of God, war, or a global pandemic. This does not apply to the client's failure to make a payment.

• Both parties warrant that they have the power and authority to enter into the contract.