GC Trades – Window & Door Repairs
Standard Terms & Conditions

1. Consents and Property Requirements
1.1 If any building-consent, permit or other authorisation (“Consent”) is required before, during or after completion of the work, you (“you”, “your”, the “Client”) shall arrange and pay for that Consent, and provide full details of the same to us. We will not be responsible for identifying required Consents, nor liable for any work done in breach of any requirement if we have not been informed.
1.2 You must ensure we have safe access to the property and the work site and you authorise us to enter the property, bring vehicles, equipment and materials onto the property for the purposes of the contract. We will exercise reasonable skill and care, but accept no liability for damage or loss to the access, neighbouring property, underground services or other property unless caused by our negligence.
1.3 You warrant that you own the property or otherwise have full rights to authorise the work. You indemnify us against any claim, damage, loss, cost or liability arising from us doing work when you did not have those rights.

2. Price and Payment
2.1 You are responsible for payment of the full Contract Price. The Contract Price does not include costs of Consents, removal of hazardous materials, power or services to site unless explicitly stated in the quote.
2.2 Variations
(a) No variation to the Price, plans or scope of work shall be made without signed authority by both you and us (and any required Consent variation).
(b) Variations may be required if we provided provisional sums for work where the scope was uncertain at time of quoting.
(c) Variations may also arise if unforeseen circumstances (e.g., hidden damage, change in material costs) emerge after work has started.
(d) You may request a variation.
(e) We will keep you informed of any events likely to lead to a variation.
(f) If any variation is not agreed, either party may cancel the contract in writing; if cancelled under this clause you shall pay for all costs, expenses and work done to date and we will have no further obligation to complete the remaining works.
(g) We may at our option change specifications of materials or work if necessary to correct an error or substitute unavailable parts, provided the change does not increase the price by more than 5%.
2.3 Payment
(a) GST invoices will be issued by us either for full payment or for progress payments as set out in the front of the Contract.
(b) Payment is due on invoice and no set-off or deduction may be made even if you have a claim or dispute.
(c) We may delay commencement or suspend works if any payment is overdue by more than 14 days.
(d) If payment is overdue by more than 21 days, we may cancel the contract, retain all payments made and cease work without further obligation.
(e) You shall cover all actual costs (including legal costs) we incur in collecting any overdue amounts.

3. Warranties, Exclusions and Liability
3.1 We will carry out the work in a trades-manlike manner and apply all materials in accordance with manufacturer specifications.
3.2 You agree to notify us of any appearance or finishing defect within 30 days of completion or knowledge of the defect (and in any event no later than 3 months after completion), and we will inspect and repair/replace such defect.
3.3 Our workmanship warranty for other faults or failures due to our workmanship is 12 months from completion.
3.4 The warranty for parts and materials supplied by other manufacturers is as per that manufacturer’s warranty. We will assist to claim where practicable.
3.5 We shall not be responsible for claims where materials are fitted, serviced or operated by others; or where products are used beyond their intended use; or where materials/property have not been properly maintained.
3.6 We will not be responsible for glass breakage during the repair or maintenance of windows/doors unless caused by our negligence. Any replacement glass required will be at your cost. Glass may crack or break due to factors outside our control or prior defects we cannot reasonably identify.
3.7 We do not guarantee that, following completion of our work, the property will meet all elements of the current Building Code in relation to weather-tightness, draughts or leaks.
3.8 Our total liability to you in any circumstance shall be limited to the lesser of (a) the cost of repair or replacement of the work; or (b) the Contract Price payable. We will not be liable for any consequential, indirect or special loss or damage.

4. Ownership and Insurance
4.1 You are responsible for insuring the property (and any temporary works) for the duration of the project. You bear risk for all materials and products once they leave our direct control.
4.2 Ownership of all materials/products used or supplied under the Contract remains with us until full payment of the Contract Price has been received in cleared funds.

5. Disputes
5.1 If a dispute arises both parties shall use their best endeavours to resolve it informally and in good faith.
5.2 If the dispute cannot be resolved within 30 days of first referral to a formal dispute process, either party may cancel the remainder of the contract (without prejudice to any payment due for work already done or disputed items).
5.3 Where not otherwise agreed, disputes may be referred to arbitration under the Construction Contracts Act 2002 (or relevant NZ law), or other agreed dispute resolution process.

6. Delay or Loss Outside Our Control (Force Majeure)
6.1 Neither party shall be liable for any delay or failure to perform their obligations under the Contract if the delay or failure arises from an event or circumstance beyond their reasonable control (including, but not limited to: labour or material shortages, subcontractor failure, strikes, lock-outs, fire, earthquake, natural disaster, act of government or other force majeure event).

7. Cancellation by Client
7.1 If you cancel the contract for any reason prior to completion of work, we may retain all payments already made and you shall immediately pay for any work in progress or materials supplied or ordered on a non-returnable basis.

8. General
8.1 The Contract (including these Terms) is governed by the law of New Zealand.
8.2 If any part of these Terms is invalid or unenforceable, the remaining parts remain in full force and effect.
8.3 These Terms plus the written Quote or Contract (and any Variation Form) represent the entire agreement between you and us and supersede any previous discussions or agreements.