Standard Terms & Conditions

These Standard Terms and Conditions (“Conditions”) are to be read in conjunction with and form an attachment to The Hangman (2016) Limited’s (“the Company”) proposal for installation services (“the Proposal”) as defined by telephone, email or text message. On acceptance of the Proposal, the customer (“Customer”) becomes bound by the Conditions set out below.

1. Charges and Payment
   1. The Company’s estimation of charges and related expenses may be set out in the Proposal, but do not constitute a fixed quote and as such can only be used as an indicative guide. If the Customer requires a fixed quote, they shall request this in writing before work commences.
   2. All estimated charges shall be exclusive of GST and other government taxes and levies which are properly due.
   3. Unless an alternative payment schedule is set out in the Proposal or is otherwise agreed, the Company’s invoices are payable within 3 days of the date of invoice.
2. Default
   1. In the event that the Customer fails to make any payment when due, then, without prejudice to the application of any other provision hereof or to any other remedy provided to the Company hereunder or otherwise:
      
      1. Interest shall accrue on the amount of the overdue payment at a rate equal to 5% per annum above the Bank of New Zealand commercial overdraft rates calculated from the date payment was due; and
      2. Any legal, Court costs and collection expenses incurred by the Company in attempting to recover or recovery of such overdue amount shall become payable by the Customer.
   2. If any of the following events apply to a Customer, the Company shall have the right to withhold further services for that Customer, in addition to any right of action or remedy on the part of the Company for the recovery of any moneys due for any antecedent breach by that Customer:
      
      1. The Customer is in default of payment due for more than 7 days;
      2. The Customer is or becomes an externally administered body corporate (within the meaning of the relevant legislation);
      3. A receiver enters into possession or takes control of all or any of the Customer’s assets or undertaking; or
      4. The Customer is or becomes insolvent or ceases or threatens to cease to carry on its business.
3. Warranty
   1. Subject to Clause 4 the Company shall make good within a reasonable time after request in writing by the Customer, defects in installations which arise from non-compliance with the Customer’s specifications, material, workmanship, or error provided that:
      
      1. The installed items have not been unduly interfered with by persons other than the representatives of the Company; and
      2. Such defects appear within 1 week of installation; and
      3. The Customer has notified the Company in writing within 3 days of the alleged defect first coming to the Customer’s notice; and
      4. The Customer has not carried out any repairs, alterations or variations or other work on the installation without the written consent of the Company.
   2. The Company shall not be liable for any unauthorised alteration to the installation that has been performed by the Customer or agent or contractor of the Customer.
4. Exclusion of Warranties and Liability
   1. Warranties of fitness for a particular purpose and all other representations, statements, warranties or conditions whether implied by the Sale of Goods Act 1908 or other statute, or made by any representative or agent of the Company or otherwise, whether expressly or implied, are hereby excluded.
   2. The Company, directors, officers or staff shall not be liable to the Customer (whether in contract, tort or otherwise) for any loss (including but not limited to loss of profits and consequential loss) of any kind whatsoever arising out of the supply of or failure to supply the service as set out in the Proposal.
   3. If, notwithstanding 4.2, the Company, its directors, officers or staff are found to be liable to the Customer in any circumstances then the maximum combined amount such person shall be liable for to the Customer under any contract or contracts or in tort is an amount equal to the lesser of:
      
      1. Invoiced amount for services provided pursuant to the Proposal;
      2. The actual loss or damage suffered.
5. Indemnity
   1. The Customer shall keep the Company indemnified against all costs, claims, demands, expenses, damages and liabilities of any nature whatsoever, including without limiting the generality of the foregoing, claims for death, personal injury, damage to property and consequential loss, (including loss of profits) which may be made against the Company by third parties or which the Company may sustain, pay or incur as a result of or in connection with the installation.
6. Miscellaneous
   1. These Conditions in conjunction with the Proposal represent the entire agreement between the parties and all other representations, warranties or promises whether verbal or written are hereby expressly excluded.
   2. These conditions may only be varied by agreement in writing between the parties by a duly authorised representative of both the Customer and the Company.
   3. The conditions and proposal shall be governed by the Law of New Zealand and the parties agree to submit to the jurisdiction of the New Zealand Courts.