Terms of Trade

1. Acceptance
1.1. Acceptance of a Quote/ Estimate from A.F. Wallace Building Services Ltd deems that the client has read, understood
and accepts the terms of trade set out by A.F. Wallace Services Ltd. These terms will apply to all services provided by
A.F. Wallace Building Services Ltd (unless otherwise agreed in writing).
2. Contractor responsibilities
2.1. A.F. Wallace Building Services Ltd will:
a) carry out the Work with reasonable skill and care, in accordance with the plans and specifications (if any), the Building Act
2004, the Building Code and any building consents issued in respect of the Work; and
b) comply with all health and safety procedures in carrying out the Work.
3. Business Hours
3.1. All quotes/ estimates are based on carrying out work during normal working hours. Monday - Friday 8am - 5pm
excluding public holidays.Work outside of these hours may be subject to overtime rates unless agreed upon prior.
4. Estimates
4.1. The client/ owner acknowledges an estimate is only an estimation of costs of the project and not a formal quotation/
fixed price. Due to the nature of some projects, a quotation may not be suitable therefore an estimate will be provided.
In this case further costs may incur.
5. Client responsibilities
5.1. The Client will provide clear and unobstructed access to the site at all reasonable times and will take all reasonable
steps to facilitate the performance of the work.
5.2. Unless otherwise agreed in writing, the Client is responsible for:
a) ensuring that all plans and specifications if applicable are supplied to A.F. Wallace Building Services Ltd in respect of
the Works are accurate & before commencement of Work;
b) providing any materials, plant, and equipment required for the Work expressed to be ‘client supplied’ or ‘owner
supplied’, and ensuring that such materials comply with the Building Code and are fit for purpose, and all plant and
equipment complies with all health and safety legislation, codes and requirements;
c) surveying the Site and advising A.F. Wallace Building Services Ltd of boundaries and the specific location of
underground utilities;
d) ensuring that it has sufficient title or other legal entitlement to the Site to allow the Work to be carried out, and that
A.F. Wallace Building Services Ltd has sufficient access to the Site to carry out the Work;
e) advising A.F. Wallace Building Services Ltd of any particular hazards relating to the Site, and take all practical steps
to ensure the Client’s own safety throughout the Work and adhere to onsite guidelines, for example signage and
cordons.
f) ensuring that it has sufficient funds or finance to meet its financial obligations when they
fall due (and A.F. Wallace Building Services Ltd may at any time (whether before or after the Start Date) require that
proof of such funds or finance is provided); and
g) The Client/Owner will supply to A.F. Wallace Building Services Ltd a copy of any necessary documents relating to
work carried out by subcontractors arranged by the Client/Owner prior to the work commencing. This includes any
variations to enable A.F. Wallace Building Services Ltd to comply with its obligations.
h) notifying A.F. Wallace Building Services Ltd prior to commencement of works of any known or suspected hazardous
materials or conditions at the Site, including but not limited to asbestos, lead-based paint, mould, or other hazardous
substances. Where hazardous materials are suspected or unknown, further investigation and/or testing may be
required before works can proceed. Any associated costs, delays, removal, remediation, or compliance requirements
shall be the responsibility of the Client unless otherwise agreed in writing;
i) obtaining and ensuring compliance with any required building consents, council approvals, permits, or authorisations
relating to the Works. Unless otherwise agreed in writing, A.F. Wallace Building Services Ltd accepts no responsibility
or liability for determining whether such approvals are required, obtaining them, or for any delays, costs, penalties, or
remedial works arising from the absence of required approvals or consents;
6. Start Date and Completion Date
6.1. Subject to receiving sufficient access as set out above, A.F. Wallace Building Services Ltd will commence the Work on
the Start Date, and complete the Work by the Completion Date, subject to unforeseen delays eg. weather, pandemic.
7. Payment
7.1. Invoices will be submitted as progress claims at certain stages.
A deposit of 20% - 50% will be required prior to commencement of work to cover initial costs (materials etc) unless
otherwise agreed upon between Client/Owner and A.F. Wallace Building Services Ltd.
7.2. All payments are to be made within 7 days after the date of the invoice, unless previously agreed in writing.
Payments are to be made by electronic funds transfer to A.F. Wallace Building Services Ltd’s nominated account
unless agreed otherwise.
7.3. We reserve the right to charge daily interest of 2.5% on any sum which remains outstanding for more than 28 days
after delivery of the invoice. Any costs and expenses incurred in the collection of unpaid accounts will be the
responsibility of the Client.
7.4. If the Quote/ Estimate provides for a deposit, and the deposit is not paid in full 7 days before the Work is due to start,
A.F. Wallace Building Services Ltd may without further notice cancel the contract for the Work.
7.5. A.F. Wallace Building Services Ltd claims for payment are invoked by Construction Contracts Act 2002.
8. Variations
8.1. The Client may request variations to the Work. All variations must be in writing and contain the following:
a) A description of the work required under the Variation;
b) Any required amendments to the consents as issued or any additional approvals,
consents or licences that will be required;
c) Any agreed adjustment to the Contract Price and/or the Completion Date for the Work
8.2. Unless otherwise agreed, the Client may not request a Variation omitting or reducing the Work to be performed.
8.3. A.F. Wallace Building Services Ltd is entitled to claim a Variation for:
a) any emergency works required for health and safety or environmental reasons;
b) additional work and/or changes to the Work caused by any consent requirements;
c) unforeseen physical conditions, substitutions of any materials, wages and price changes;
or
d) any increase in costs arising from a failure or delay on the Client’s part in complying with these terms.
e) No allowances have been made in the Contract Price for the handling of hazardous
substances (including asbestos), and A.F. Wallace Building Services Ltd is also entitled to claim a Variation for any
such costs.
f) any verbal instruction by the client to complete works outside of the contract.
8.4. All Variations claimed shall be calculated at our standard hourly rate at the date of works completed. Materials will be
charged at cost plus our set margin, unless agreed in writing, prior to the commencement of work.
9. Subcontractors
9.1. A.F. Wallace Building Services Ltd will be responsible for all work of its subcontractors and for ensuring that
subcontractors have appropriate insurance in place.
10. Delay and extensions of time
10.1. A.F. Wallace Building Services Ltd shall not be liable for any delay in carrying out the Work due directly or indirectly to
circumstances reasonably outside its control, including disputes with Owner/Clients, engaged subcontractors, bad
weather, force majeure, accidents, fire, shortage of labour and/or materials, labour disputes, variations, failure of
suppliers to deliver, or acts of any government, territorial authority, pandemic restrictions or similar.
10.2. If an extension of time is required to the Completion Date due to any of the above reasons or any other reason beyond
A.F. Wallace Building Services Ltd’s reasonable control, a new completion date will be discussed and agreed upon.
11. Insurance
11.1. The Client is responsible for all contract works insurances and any other insurance deemed necessary for the property
and works being undertaken (A.F. Wallace Building Services Ltd may at any time require that proof of such insurance is
valid). A.F. Wallace Building Services Ltd has public liability insurance up to $2million for the duration of the work.
12. Defects and Workmanship Warranty
12.1. The Client may give notice of any defect within 12 months of completion of the work, and A.F. Wallace Building
Services Ltd will remedy those defects within a reasonable time of notification. The Client must notify A.F. Wallace
Building Services Ltd in writing of the defect as soon as possible after the defect becomes apparent. The Client will
agree to a reasonable time frame and grant access.
12.2. A.F. Wallace Building Services Ltd is not liable for any defect within reasonable tolerances, for any defect caused by or
arising out of the actions of any person outside A.F. Wallace Building Services Ltd’s control, fair wear and tear, or
failure to maintain the Work.
12.3. These terms do not limit the implied warranties as set in the Building Act 2004.
12.4. Any written guarantees provided by A.F. Wallace Building Services Ltd, supersede clause 12.1.
13. Suspension and termination
13.1. A.F. Wallace Building Services Ltd may suspend the Work by notice if the Client defaults in any of its obligations under
these terms, including failing or refusing to pay any invoiced amount in full by the due date for its payment. Such
suspension is without prejudice to any other right to which A.F. Wallace Building Services Ltd might be entitled.
13.2. A.F. Wallace Building Services Ltd may terminate its obligations under these terms if at any time the Client becomes
bankrupt, goes into liquidation, or has a receiver or statutory manager appointed, or defaults in its obligations under
these terms and does not remedy that default within 5 Working Days of receiving a notice requiring remedy.
14. Contractor property on Site
14.1. The Client acknowledges and agrees to:
a) the legal, equitable and beneficial ownership and title to any plant, equipment or
materials brought onto the Site by A.F. Wallace Building Services Ltd remains vested in A.F. Wallace Building Services
Ltd at all times;
b) title in all materials supplied as part of the Work remains vested in A.F. Wallace Building Services Ltd until all
amounts owing to A.F. Wallace Building Services Ltd have been paid in full.
15. Limitation on liability
15.1. In addition to the other provisions relating to liability in these terms, A.F. Wallace Building Services Ltd shall have no
liability to the Client other than in relation to direct reasonably foreseeable losses incurred by the Client as a result of
A.F. Wallace Building Services Ltd’s breach of these terms of the Quote/ Estimate. A.F. Wallace Building Services Ltd is
not liable for any loss, liability or costs incurred by or any injuries suffered by the Client or any other person which are
an unavoidable result of carrying out the Works or remedying any defects in accordance with these terms.
15.2. Other than in relation to issues in the Works as referred to in clause 15.1, the Client is to lodge any claims with A.F.
Wallace Building Services Ltd within 3 months of the date of the relevant part of the Works otherwise any such claim
will be regarded as invalid. Any claim submitted must be sufficiently detailed so as to clearly identify what aspect of the
Works is defective.
16. Signage
16.1. The Client agrees that A.F. Wallace Building Services Ltd has the right to erect signage on the Site advertising itself
during the period of the Work.
17. Notices
17.1. All notices are to be in writing and hand delivered or sent by post or email to the addresses set out in the Quote/
Estimate. The address for service and postal address for A.F. Wallace Building Services Ltd is the physical address set
out in the Quote/ Estimate.
17.2. A notice is deemed to be received:
a) if personally delivered, when delivered; or
b) if posted, 5 working days after posting; or
c) if sent by email, when the email leaves the sender’s communications system, provided that the sender:
i) does not receive any error message relating to the sending of the email; or
ii) receives confirmation that the email was delivered (which may include an automated
delivery receipt from the recipient’s communications system).
17.3. Despite clause 15.2, any notice received after 5pm, or received on a day that is not a Working Day, is deemed not to
have been received until 9am on the next Working Day.
18. Dispute Resolution
18.1. If there is any dispute relating to these terms or the Work, the party raising the dispute must give the other party written
notice specifying particulars of the dispute.
18.2. If negotiations between the parties do not resolve the dispute, either party may refer a dispute to adjudication under the
CCA or bring a claim before the Disputes Tribunal or the High Court, as appropriate.
19. Salvage Rights
19.1. Unless otherwise agreed upon in writing prior to the commencement of work, A.F. Wallace Building reserves the right to
recycle, repurpose, or reuse materials as deemed appropriate.
20. Definitions
In these terms:
Client/ Owner means the person(s) stated as the Client(s) in the Quote/ Estimate.
Completion Date means the expected date on which A.F. Wallace Building Services Ltd reasonably believes the Work will be
completed, subject to extensions of time, as stated in the Quote/ Estimate.
Contractor means A.F. Wallace Building Services Ltd.
Contract Price means the price for the Work calculated in accordance with the Quote/ Estimate and subject to any adjustments
provided for in these terms.
Including does not imply limitation.
Site means the site address at which the Work is to be carried out, as stated in the Quote/ Estimate.
Start Date means the expected start date at which A.F. Wallace Building Services Ltd reasonably believes physical work will
commence on Site, as stated in the Quote/ Estimate.
Variation means a variation to the Works under section 8.
Work means the construction work stated in the Quote/ Estimate (subject to consents and Variations) at the Site.
Working Day has the meaning given in the Construction Contracts Act 2002.