HAWKEYE FIRE & BUILDING COMPLIANCE LIMITED

STANDARD TERMS OF TRADE

1. Accounts

   These terms shall apply to all and any dealings between the Contractor and the Purchaser and to all goods and services purchased from the Contractor.

2. Quotation/Estimates

   These terms shall apply to any quotation or estimate given by or on behalf the Contractor and to any order made with the Contractor. The quotation remains available for one month. Prices quoted are based on cost (including labour and materials) as at the date of this quotation and are exclusive of GST. If between the dates of quotation and completion of the work variations should occur in these costs, the quoted prices will be subject to amendment to provide for such variations.

3. Payment

   Payments are due on the 20 th of the following month of invoice date. If progress payments are agreed, they shall be invoiced on a three monthly basis. Should the Purchaser fail to tender due and punctual payment the Contractor may in addition to any other right charge the Purchaser interest at one and a half times the Contractor’s applicable bank overdraft per annum (calculated on a daily basis) on all overdue amounts and may suspend servicing, call outs and testing until all monies are paid in full. In the event that such services are suspended, the Contractor shall give the authorising agency notice of such suspension.

4. Facilities

   The Purchaser shall provide at his own cost sufficient safe storage for materials of the Contractor and working space requisite for the efficient performance of the work. The Purchaser shall also provide at his own cost for the uninterrupted use of the Contractor, such light, electricity, or other power and other facilities as may reasonably be required by the Contractor.

5. Overtime

   Unless specifically stated otherwise, the quotation provides for work being done on week days on ordinary working hours. Should it become necessary to work on other days or after and/or before such hours at the request of the Purchaser. The Purchaser shall be liable and pay the extra cost occasioned thereby.

6. Extras

   Any additional expense made necessary by the Purchaser making any alterations to the work which was the subject of the quotation shall be charged for as an extra to the contract.

7. Information

   The Purchaser warrants that any information given by him are correct. The Contractor shall not be liable for any additional costs or any loss or damage caused by reliance on incorrect information provided by the Purchaser.

8. Ownership

   It is a condition of the contract that all materials or parts supplied by or installed by the Contractor shall remain and be the sole and absolute property of the Contractor until the contact price, together with all moneys payable for extras or other work done (if any), shall have been paid to the Contractor, and upon default in payment of any progress, final or other payment as and when due, the Contractor may in his discretion with servants, workman and others, enter upon the premises in which the installation or part of parts thereof may be and remove the same of any part thereof and perform any act reasonably necessary to facilitate such removal and without liability for any loss or damage occasioned thereby and without prejudice to other rights of the Contractor under this contract or otherwise.

9. Variation

   No variation of the contract or of any condition shall be binding on the Contractor unless it is in writing signed by the parties hereto.

10. Producer Statements or Compliance Certificates

    The Contractor reserves the right to decline to sign Producer Statements or Compliance Certificates if the system or installation is not designed or agreed to by him as complying with building code requirements and/or the Purchaser is in default of any provision of this contract including non-payment of all moneys due and owing to the Contractor.

11. Health & Safety

    The Purchaser shall ensure a safe and healthy working environment and conditions on the site and is responsible for all duties and obligations under Health and Safety Statues.

12. Proposals

    The Contractor’s quotation and/or any proposals or designs are based upon the proposals and design submitted to him or the information given and he cannot certify as to the degree to which the system or design will comply with the requirements of the Building Code or will provide and achieve adequate and appropriate levels of protection.

13. Confidentiality

    The technical pricing and other information provided by the Contractor is to be kept strictly confidential.

14. Provisional sums

    Provisional sums are included in the quotation where accurate costs are unavailable at the time of quoting. The difference between the Provisional Sum stated and the expenditure plus margin shall be an adjustment to the quoted sum.

15. Collection Expenses

    The Purchaser agrees to pay or reimburse the Contractor for all reasonable costs and/or expenses incurred by the Contractor to recover any amount overdue for payment including and without limitation instructing a solicitor and/or debt collection agency. Such costs to be recoverable in full on a solicitor/client basis.

16. Privacy Act 2020

    The Purchaser authorises the Contractor to collect, use and disclose information about the Purchaser for any purpose related to the Purchaser’s association with the Contractor, and the Contractor does not need to get the Purchaser’s consent each time they collect, use or disclose information about the Purchaser. Pursuant to the provisions of the Privacy Act 2020, the Purchaser also authorises any person, agency or company to provide the Contractor with such information as the Contractor may require at any time in response to credit enquiries concerning any aspect of this contract and/or trading account. The Purchaser authorises the Contractor to furnish to any third party details of this application being processed by the Contractor and/or any subsequent details concerning the Contractor’s enquiries.

    The Contractor may collect personal information from the Purchaser, including (but not limited to the following) information about the Purchaser (or the Purchaser’s authorised representative and/or agent and/or director and/or shareholder):

    1. name

    2. contact information

    3. location

    4. billing or purchase information

    5. bank account details

    The Contractor may collect this personal information for any purpose related to the Purchaser’s association with the Contractor. Besides the Contractor’s staff, the Contractor is entitled to share this information with a third party in the event that the Purchaser breaches any of the Contractor’s terms and conditions.

    The Contractor will keep the Purchaser’s (or the Purchaser’s authorised representative and/or agent and/or director and/or shareholder) information for as long as the Purchaser continues its association with the Contractor, after which the Contractor may destroy the information by securely, digitally, erasing all information.

    The Purchaser has the right to ask for a copy of any personal information that the Contractor holds about the Purchaser, and to ask for it to be corrected if the Purchaser thinks it is wrong. If the Purchaser would like a copy of its information, or to have the information corrected, the Purchaser may contact the Contractor at hawkeyefire@xtra.co.nz, or phone 0800 248 800 or PO Box 38108, Wellington Mail Centre 5045.

17. Personal Property Securities Act 1999 (“PPSA”)

    The Purchaser grants to the Contractor a security interest in “all present and after acquired goods, supplied by the Contractor to the Purchaser”

    At the request of the Contractor, the Purchaser will promptly execute any documents and do anything else required by the Contractor to ensure that any security interest created constitutes a perfected security interest until all and any amounts due to the Contractor have been paid in full.

18. Liability

    The liability of the Contractor whether in tort or contract or otherwise for any loss, damage or injury arising from any defect in or non-compliance of the goods/services supplied or any other breach of the Contractor’s obligations shall not in any event exceed an amount equivalent to the amount paid for the goods/services agreed by the Contractor to be defective. The Contactor shall not be liable for any consequential indirect or special damage or loss of any kind whatsoever. Nor shall it be liable for any damage or loss caused by the Purchaser’s servants, agents, customers or other persons.

    As soon as any of the facts or matters which form any part of any claim become known to the Purchaser, the Purchaser shall within 14 days notify the Contractor in writing of the same.

19. Force Majeure

    No responsibility or liability shall be incurred by the Contractor for delay or damage, caused directly or indirectly by weather conditions, labour disputes, strike, lockout, accident, fire, Act of God or war, epidemic, blockage, embargo, shortage of fuel, power, raw materials or labour,civil commotions, riots, crime or any event (whether of a similar or dissimilar nature) beyond the Contractor’s control.

20. Interpretation

    In this contract the contacts otherwise provides:

    1. “Contractor” means Hawkeye Fire & Building Compliance Limited and any other entity authorised to trade under the name of Hawkeye Fire & Building Compliance Limited

    2. “Purchaser” means the customer, purchaser and/or owner;

    3. “Goods” includes any product, equipment, material or other time sold by the Contractor to the Purchaser;

    4. “Services” include any systems, know how, advice, use of software or other Proprietary material or advisory functions.

21. Termination

    Notice to terminate any contract must be given in writing and shall take effect 30 days after service of the notice to terminate on the other party.

22. . Acceptance

    We/I accept the contract and agree to the terms and conditions and any attached quotation hereinafter set out.

For completion by the Purchaser/Owner

Signature:

Name:

Capacity:

Date: