Terms and Conditions of Engagement

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These Terms and Conditions apply to all services provided by JMWURX LIMITED (“we”, “us”, “our”). By accepting a quote, instructing us to proceed, or engaging our services in any way, you agree to be bound by these Terms and Conditions.

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1. Acceptance of Terms

1.1 Engagement of JMWURX LIMITED, acceptance of a quote, or authorisation to commence work constitutes acceptance of these Terms and Conditions.
1.2 These Terms apply to all services unless expressly varied in writing and agreed by both parties.

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2. Quotes and Estimates

2.1 All written quotes are valid for 60 days from the date of issue unless otherwise stated.
2.2 Quotes are based on normal site conditions, access, and information available at the time.
2.3 If unforeseen circumstances arise (including but not limited to underground services, ground conditions, weather delays, access restrictions, or safety risks), we reserve the right to revise the quote accordingly.
2.4 Any work outside the original scope is treated as a variation and will be charged at our standard rates.
2.5 Variations must be approved by the client prior to commencement, either in writing, email, or text message confirmation.

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3. Pricing and GST

3.1 Unless otherwise stated, all prices are exclusive of GST.
3.2 Pricing may be adjusted if material costs, subcontractor charges, or third-party costs increase after the quote date and before work commences.

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4. Payment Terms

4.1 Payment terms are 7 days from the invoice date, unless otherwise agreed in writing.
4.2 Deposits or progress payments may be required and will be specified in the quote or agreement.
4.3 If payment is overdue, we reserve the right to charge:

• An administration fee of $100 per month, and

• Interest at 20% per annum, calculated daily, and

• All costs incurred in recovering the debt, including legal and collection agency fees.
  4.4 We reserve the right to suspend work until overdue amounts are paid.

 

5. Claims, Defects, and Liability

5.1 Any claim regarding our services must be made in writing within 7 working days of invoice receipt.
5.2 Where services are defective or incomplete, we may, at our discretion, repair, replace, or refund the affected portion of the work.
5.3 To the maximum extent permitted by law, our total liability is limited to the amount paid for the relevant goods or services.
5.4 We are not liable for indirect, consequential, or economic loss.
5.5 We will take reasonable steps to pass on any applicable manufacturer or supplier warranties.

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6. Ownership, Title, and Security

6.1 Ownership of all goods and materials supplied remains with JMWURX LIMITED until full payment is received.
6.2 We reserve the right to register a security interest under the Personal Property Securities Act 1999 (PPSA).
6.3 In the event of non-payment, you authorise us to enter the site and repossess goods supplied.

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7. Consumer Guarantees Act 1993

7.1 Where goods or services are supplied for business purposes, the Consumer Guarantees Act 1993 does not apply, in accordance with section 43 of the Act.

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8. Privacy and Credit Information

8.1 You authorise us to collect, retain, and disclose information for credit checking, invoicing, and debt recovery purposes.
8.2 Information may be shared with credit agencies or debt collection services if required.
8.3 We comply with the Privacy Act 2020, and you may request access to or correction of your personal information at any time.

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9. Construction Contracts Act 2002

9.1 Where applicable, the Construction Contracts Act 2002 governs payment claims, adjudication, and dispute resolution.
9.2 We reserve all rights under the Act, including issuing payment claims and suspending work in accordance with the Act.

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10. Security Interest (PPSA)

10.1 These Terms create a continuing security interest under the PPSA.
10.2 You waive rights under sections 116, 119, 120(2), 121, 125–127, 129, 131, and 132 of the PPSA to the extent permitted by law.
10.3 The security interest applies to all current and future obligations owed to us.

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11. Delivery and Risk

11.1 Risk in goods passes to the client upon delivery to site or handover, regardless of whether ownership has transferred.

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12. Health and Safety

12.1 We comply with the Health and Safety at Work Act 2015.
12.2 Clients must provide safe site access and disclose known hazards prior to work commencing.
12.3 We reserve the right to stop work if site conditions are unsafe.

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13. General

13.1 If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
13.2 These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of New Zealand courts.