Terms & Conditions

All services are provided subject to and in accordance with our Terms and Conditions which are available to view online. By engaging us to provide services, you agree that these Terms and Conditions apply.

 

1. CONSENTS AND PROPERTY REQUIREMENTS

1.1 If any consents or permits are required before, during or following completion of the work,

you shall organise and pay for these and shall provide full details of the same to Superb Windows

and Doors. We will not be responsible for establishing what the requirements are, nor liable for

any work done in breach of any council or other requirement if we have not been given details.

1.2 You need to ensure that we have safe access to the property and the work site and you

authorise Superb Windows and Doors to enter the property and to bring vehicles, equipment and

materials on to the property for the purpose of this Contract. We will exercise all reasonable skill

and care but accept no liability or responsibility for any damage or loss to the access way, or to

any other property or services as a result of entry on to the property, unless we have been

negligent.

1.3 You warrant that you own the property or have absolute rights to authorise the work. You

unreservedly indemnify Superb Windows and Doors against any claim, damages, loss, cost or

harm that may be suffered as a consequence of Superb Windows and Doors carrying out the

work where you were not so entitled or authorised.

2. PRICE AND PAYMENT

2.1 You are responsible for payment of the total Contract Price. The Contract Price does not

include building consent fees, cost of power and services to site and used by us, or replacement

glass, the repair of the window or door [ See 3.6]. broken in

2.2 VARIATIONS.

(a) There are different possible types of variations to the Contract Price. No variation to the Price

or plans or work may be made without authority signed by both you and Superb Windows and

Doors, and where necessary a building consent variation has been given.

(b) Variations may be necessary where Superb Windows and Doors has provided provisional cost

sums for work that cannot be firmly quoted prior to commencement because the scope of work

is uncertain.

(c) Variations may also be needed where work was priced within the Total Cost but unforeseen

circumstances have meant different or extra work is required such as preliminary remedial work

or access requirements. Also if material costs increase significantly prior to commencement of

the work or during the work to an extent or of a type that could not reasonably have been

foreseen by Superb Windows and Doors.

(d) You may also request a variation.

(e) Superb Windows and Doors shall keep you informed of any changes or circumstances likely to

lead to a variation.

(f) If any variation is not agreed to by you either party may cancel the contract in writing. If the

contract is cancelled under this clause all costs and expenses incurred or payable whether

invoiced or not shall be payable immediately by the you and you shall have no further claim

against Superb Windows and Doors for unfinished work.

(g) Superb Windows and Doors may at its option change the specifications of the materials or

work where necessary to correct any minor error or to substitute unavailable parts where such

change does not result in a variation of price of more than 5%.

2.3 PAYMENT.(a) GST Invoices for payment will be issued by Superb Windows and Doors either for the full

amount or progress payments as set out on the front page of this contract.

(b) Statements are not issued by Superb Windows and Doors. Payment is due upon invoice and

interest will be charged cumulatively at 21% per annul calculated daily on unpaid balance from

due date until payment is received.

(c) Superb Windows and Doors may delay commencement or suspend works where payment of

any amount is overdue by more than 14 days.

(d) All payments due shall be made without any set off or deduction even if you consider you

have a claim or dispute against Superb Windows and Doors.

(e) If any payment is overdue by more than 21 days Superb Windows and Doors may cancel this

contract and retain all payments made with no liability or continuing obligation to you for

unfinished work or take any other legal action it thinks fit. You shall be liable for all actual costs

incurred by Superb Windows and Doors in collecting or enforcing any payments including full,

actual legal costs.

(f) If you cancel the contract for any reason prior to completion Superb Windows and Doors may

retain all payments made, and all payments due for work in progress and materials supplied or

ordered on a no return basis shall become immediately due and payable. Superb Windows and

Doors shall have no liability or continuing obligation to you for unfinished work.

3. WARRANTIES, EXCLUSIONS AND LIABILITY

3.1 Superb Windows and Doors will carry out the work in a thorough and tradesman like manner

and will apply and affix all materials in accordance with manufacturers specifications.

3.2 You agree that any appearance or finishing defects will be notified to us within 30 days of the

work being finalised or the defect becoming apparent and in any event no later than 3 months

after completion of all work, and we will inspect and repair or replace the defect.

3.3 Our Warranty cover for other faults or failure due to our workmanship is 1 year and we shall

repair defective workmanship for warranty claims made within that period.

3.4 The Warranty for parts and materials supplied to us by other suppliers shall be the same as

provided by the manufacturer or supplier of the materials. We shall arrange to replace or repair

defective materials within the manufacturer warranty period.

3.5 Superb Windows and Doors shall not be responsible for any claim where materials are fitted,

serviced or operated incorrectly by another person; or where products are in any way adapted to

a use which they are not intended; or where the materials or property have not been maintained.

3.6 We will not be responsible for glass broken during the repair and maintenance of windows,

doors or conservatories. Any replacement glass required shall be at your cost. Glass may crack or

break due to conditions outside our control or due to weakness or defects we cannot identify

prior to commencing work.

3.7 We do not unconditionally guarantee work or repairs undertaken for leak or draught

problems. We will analyse leaks or draught problems and to the best of our ability make repair or

remedial works. You acknowledge that Superb Windows and Doors does not warrant that,

following completion of the work, the property will meet current Building Code requirements in

all respects in relation to weather-tightness.

3.8 Our liability in any circumstances to any person is limited to repair or replacement of the

work or to the contract price, and only for claims made within the warranty period. We will notbe liable for any consequential, indirect or special damage or loss.

4. OWNERSHIP AND INSURANCE

4.1 You are responsible for insuring the property (if necessary) for the duration of the work. You

are responsible for risk to all materials and components that have been delivered to your

property from the time they leave the control of Superb Windows and Doors or our supplier.

4.2 The ownership in all materials and products used or intended to be used shall not transfer to

you until the total Contract Price is paid in full.

5. DISPUTES

5.1 If there is a dispute between the parties both use their best endeavours to resolve the

dispute informally. If the dispute can not be resolved, the dispute shall be referred to arbitration

under the Constructions Contracts Regulations 2003. If any dispute is not resolved within 30 days

of first being referred to arbitration either party may elect to cancel the remainder of the

contract without prejudice to any undisputed payment due by the client or the outcome of the

arbitration.

6. DELAY OR LOSS OUTSIDE OUR CONTROL

6.1 Neither party is liable for any loss or damage incurred by the other arising from any failure to

perform the obligations of such party where failure arises from a shortage of or inability to supply

labour and materials, failure of subcontractors, strikes, lock-outs, fire, earthquakes, hostilities,

government interference or any other cause of force majeure beyond the reasonable control of

such party