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admin@towingandrecovery.co.nz
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Terms and Condition

Towing And Recovery: Terms And Condition

  1. Payment:
  2. All work is done on a FLAT RATE PRICE basis. The price includes, labour, materials and GST. NO BREAKDOWN WILL BE PROVIDED after 30 days of initial consultation

 

  1. No deductions shall be made from any payment due to Towing and Recovery for any reason, including but not limited to liquidated damages, penalties, or back charges assessed by BUYER or third parties. The failure to make any payment within five (5) days of its due date shall be deemed a material breach of the contract. In the event of non-payment Towing and Recovery may at its sole discretion, terminate work under this agreement. In the event of such termination for non-payment, Towing and Recovery shall be entitled to all of its expenses incurred, including labour, and materials, as well as its overhead incurred, and all profits it would have obtained had this Agreement been fully performed. Towing and Recovery shall also be entitled to any and all other remedies allowed by law.

 

  1. Any payment on account hereunder shall constitute an acceptance of Towing and Recovery work for the work for which such payment was made.

 

  1. Any payment due must be made within 7 days. All past due amounts will accrue 20% per day and an additional $25.00 per month administration fee.

 

  1. Payment for all work done is due upon job completion (C.O.D), unless prior-authorised for billing.

 

  1. All credit cards incur a 1.5% fee. Applicable to credit cards only.

 

  1. Notice Of Defective Work

Upon completion of the work, BUYER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. BUYER agrees to notify Towing and Recovery, within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. BUYER agrees that upon discovery of any allegedly defective work, BUYER shall immediately call Towing and Recovery who shall have the first opportunity to repair the alleged defective work. The failure to all Towing And Recovery the first opportunity to repair the alleged defective work shall void all warranties, express or implied hereunder and relieves Towing and Recovery for any liability to BUYER. BUYER agrees and recognises that they shall not withhold any payments for allegedly defective works. Towing And Recovery is not responsible for reimbursement for work performed by any company or individual.

 

  1. Scope Of Agreement
  2. The agreement represents the entire and integrated agreement between BUYER and Towing And Recovery, and superseded all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written offered by Towing And Recovery and accepted by BUYER. This agreement binds jointly and severally all signing as BUY their heirs, presentations, successors and assigns.

 

  1. Towing And Recovery further states and BUYER recognises that there may be other service providers will to perform at a lower price. BUYER understands that he/she has the option of seeking other bids before authorising this work.

 

 

  1. Recommendation Not Performed

If Towing And Recovery has made any recommendation for repair or replacement of any item, or suggested options which in contractor’s opinion would improve the performance or extend the life of item, and those options are not chosen by BUYER, BUYER shall defend and hold Towing And Recovery harmless for any loss, claims or damages incurred or alleged to have been incurred by the failure of the BUYER to accept any such option or recommendation.

 

  1. Extermination

Towing And Recovery has the right to cease work if, in the opinion of Towing And Recovery, a severe rodent or pest problem exists. Extermination of rodents or pests of any sort shall be the sole responsibility of BUYER.

 

  1. Subcontractors

Towing And Recovery reserves the right to hire subcontractors for any part of the herein projected or described work, any extra work, or additional work agreed to.

 

  1. Unforeseen Circumstances
  2. If condition and/or circumstances are encountered at this job side which are (1) concerned physical conditions, or (2) unknown physical condition of an unusual nature, which differ materially from that which is visually ascertained, BUYER agrees to accept responsibility for such conditions and those circumstances outside the control of Towing And Recovery and further agrees to pay for any labour or materials, including repair to damaged equipment of Towing And Recovery and other plumbing caused by such conditions and/or circumstances.

 

  1. It is in the intent of this provision to make BUYER responsible for all (1) unforseen and concealed conditions (2) for that which Towing And Recovery cannot control. Accordingly; BUYER further agrees to hold Towing And Recovery harmless and shall indemnify and defend Towing And Recovery and all its agents and employees from and against all claims, damages, losses and expenses including but not limited to solicitor fees, consequential damages, arising out of as a result from the performance of Towing And Recovery work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by Towing and Recovery, except for Towing And Recovery sole negligence.

 

  1. Dispute Resolution

BUYER acknowledges, understands and agrees to pay for any and all detriment proximately caused by BUYER’S breach of contract, including but not limited to damages for the delay or acceleration of this contract, office administration fees, court, arbitration and lien filing fees, collection costs, interest, detriment caused by a loss of operating capital, and all losses associated in pursuit of relief from BUYER’S breach of this contract. If BUYER or contractor considers a dispute has arisen in relations to any matter covered by this contract, that party must give the other party written notice of the dispute. If the dispute cannot be resolved with the help of the mutually agreed third party either party may refer the matter to the Fair Trading Tribunal.

 

  1. Responsibilities Of Contractors:

Towing And Recovery shall do all work in competent, workmanlike manner in compliance with all relevant Australian Standards and to the requirements of all statutory authorities relating to the work. All materials and components shall be good quality, suitable for the purpose intended and unless otherwise specified, new.

 

 

 

  1. Termination Of Contract:

BUYER may terminate the contract before completion of the work. If the BUYER instructs Towing And Recovery to cease work before work is completed, the BUYER shall immediately pay for all necessary inspections by an relevant authority and all work carried out and materials and equipment used up to the time Towing And Recovery ceases work, including any work carried out after the BUYER’S instructions are given in order to make the site of the work secure as to health and safety as required by relevant legislation. In the event the BUYER cancels the contract, any deposit paid shall be forfeited as liquidated damages.

 

  1. Promotional Emails

As a condition of agreement between BUYER and Towing And Recovery, you consent to receiving Promotional Emails. This may include information surrounding the services we provide, new offers and information about Your Local Plumbing Group. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button on our email.

 

Please pay on invoice as NO further statement will be issued.

 

 

Special Offers / Promotional Discounts Terms & Conditions

 

These Terms and Conditions form the basis of Special Offers / Promotional Discounts Advertised.

 

  1. Claiming Coupons/Vouchers

1.1 Percentage discount or money off specials from the Seller can only be used to discount the price of products or services purchased from the seller.

1.2. Only one discount can be used when purchasing products or services from Towing And Recovery, multiple discounts on a single invoice are not permitted.

1.3. Coupons/vouchers are not valid in conjunction with any other offer.

1.4. Coupons/vouchers are not redeemable for cash.

1.5. Coupons/vouchers are only applicable from our catalogue.

1.6. Promo codes from specified coupons/vouchers are required to be addressed at the time of claiming an offer at all times.

1.7. Coupons/vouchers are limited to one use per person.

1.8. Coupons/vouchers are only to be made available in the name of the member.

1.9. Coupons/vouchers are offered at the absolute discretion of Towing And Recovery and Towing And Recovery reserves the right to withdraw, cancel, vary or in any way change at any time without notice any of the vouchers offered or advertised digitally via website and social media.

1.10. Coupons/Vouchers can only be claimed during regular trading hours specified to 7:00am to 3:30pm from Monday to Friday. Excluding Public Holidays.

1.11. All Coupons/Vouchers must be presented to the plumber prior to quotation assessment.

 

  1. General

3.1 Towing And Recovery reserves the right to make any changes at any time without prior notice and at Towing And Recovery absolute discretion, to these Terms and Conditions. Towing And Recovery will attempt to notify members of any changes but shall not be liable in any for failure to do so.

3.2. The Towing And Recovery Privacy Policy forms part of these Terms and Conditions, but shall prevail over these Terms and Conditions if they are inconsistent in any respect.

 

  1. Definitions

4.1. “Coupons/Vouchers” means any benefits or incentive that has been advertised digitally or given to a customer.

4.2. “Special Offers” refer to the Terms and Conditions set out on this page and as updated on this page from time to time.

4.3. “Terms and Conditions” mean the Terms and Conditions set out in this agreement and as updated on the website from time to time.

Date Issued: 29th November 2017