TERMS AND CONDITIONS
These terms and conditions (T&C) are applicable to all contractual (written and verbal) arrangements between Miles Industries (NZ) Ltd (MIL), and Clients - which includes owners and their agents.
The T&C cover all work as defined below. For any work these T&C may be in addition to other contracts where this has been agreed in writing between the parties.
In this document, “Work” includes repairs, maintenance, new construction, painting, the supply of parts and equipment, and all work and services supplied by MIL or its subcontractors
OWNERSHIP, INSURANCE AND SECURITY
Property on the MIL site, or being worked on by MIL staff at other sites, remain the property of the owners. New equipment supplied, or construction / repair work carried out by MIL remains the property of MIL until paid for in full.
Owners of property on the MIL site or being worked on elsewhere must have insurance cover for their property in question. In all cases owner’s property situated at MIL’s is at the owner’s risk. Clients remain responsible for the security of their property unless specific arrangements have been made with an authorised officer of MIL.
WORKERS AND SAFETY ON SITE
Clients, or their contractors or subcontractors, are not permitted to work on / at the property of MIL, unless prior approval has been given by an authorised member of management of MIL.
All requirements of the Health and Safety in Employment Act 1992 apply.
DESCRIPTION OF WORK AND DESIGN
The Client is responsible for issuing clear written instructions on the work to be carried out and ensuring that this is understood and agreed by MIL staff, and that any written description accurately describes the work required.
ESTIMATES & QUOTES
Estimates for any work or item are only valid if given in writing by an authorised officer of MIL. Verbal statements on possible costs or budgets are not estimates and are not binding on MIL. Due to the highly variable nature of work, estimates may vary by over 20% from final costs. Estimates are deemed not to include any unknown or unforeseen costs at the time of the estimate. Any such unknown costs arising during the course of the project shall be additional to the quote or estimate. Quotes for any work or item are only valid if given in writing by an authorised officer of MIL. A quote only refers to the work specified, and is only valid for the time period stated.
MIL and the Client may agree at any time to variations in the agreed description of works or the cost of the work - which must be recorded in writing . MIL will endeavour to keep clients informed of cost variations as work progresses, but are not obliged to do so.
DAMAGE AND WEAR AND TEAR
MIL are not responsible for any damage caused to owners property where the damage is a necessary consequence of work that has been agreed to be carried out. MIL is not responsible for fair wear and tear from the operational use of any item being repaired. MIL will accept no responsibility for damage to anything altered, repaired, or manufactured once it has left the MIL premises.
MIL will provide a warranty only for the work of MIL staff and its subcontractors, and such warranty applies only to work carried out and not to any existing parts or aspects of the item / article. MIL shall remedy, without undue delay, by repairing or if necessary replacing, any defect due to bad workmanship or use of defective materials. The warranty shall extend for a period of 1 month after completion of the work, including any defect not discoverable on completion but which becomes apparent during the warranty period. In all cases a defect must be notified in writing to MIL within two weeks of its discovery. The warranty does not cover fair wear and tear, or any defects where MIL are not given reasonable opportunity to remedy the work or where some other persons are employed to remedy the work without the prior agreement of MIL. The warranty for a painting job applies to paint condition only and does not cover any condition relating to movement or condition of the substrate.
TERMS OF PAYMENT
Payment is due on collection of goods, unless prior arrangement has been made. MIL will not permit owners to take possession of goods unless payment has been made or arranged, and may require proof of cleared funds. For clients who have arranged to pay by monthly invoices, these are due for payment by the 20th day of that month, or the 20th day of the month following the invoice date.
MIL will charge interest on all overdue accounts, at a rate 10% above our bank’s base lending rate at the time.
If any dispute or difference shall arise between MIL and the Client that cannot be settled by negotiation between the parties then the matter shall be referred to an independent mediator. If an agreement cannot be reached under mediation then the matter shall be referred to arbitration and the parties agree to be bound by the result. Alternatively, matters within the applicable monetary limit may be taken by either party to the Disputes Tribunal. In all cases the matters shall be handled in accordance with the current procedures and protocols of the Arbitrators’ and Mediators’
Institute of New Zealand.
NEW ZEALAND LAW
The law of New Zealand shall be applicable to all matters including submissions to arbitration and the parties agree to be bound by the jurisdiction of the Courts and Tribunals of New Zealand. These T&C and any attached schedules are the complete agreement between the parties unless another documentation has been agreed in writing for any work and specifically references and extends these T&C.