Premium Plastering — Terms & Conditions

1. General Terms

  1. These Terms and Conditions apply to all painting and plastering work carried out by us unless otherwise agreed in writing.

  2. These Terms and Conditions, together with our Quotation, form the entire contract between Premium Plastering (“we”, “us”, “our”) and you, the customer (“you”, “your”).

2. Quotation and Acceptance

  1. Our Quotation is valid for 30 days from the date of issue unless withdrawn or otherwise stated.

  2. Acceptance should be confirmed in writing. However, if you instruct us verbally or in writing to begin work after receiving our Quotation, you are deemed to have accepted these Terms and Conditions.

  3. We will only be bound by written Quotations.

  4. Unless otherwise stated, GST is not included in the Quotation and will be added to applicable charges.

3. Payment Terms

  1. All invoices are “payment claims” under Section 20 of the Construction Contracts Act 2002 (“the Act”).

  2. Invoices are sent prior to commencing work as part of our deposit process.

  3. Invoices must be paid by the due date stated. Invoices sent by email are deemed received once sent to your provided email address.

  4. You must check each invoice and notify us within 7 days of any alleged error. After that, the invoice is deemed correct.

  5. If you dispute an invoice, you must provide a payment schedule (as per Sections 21(2)–(3) of the Act) within 7 days, identifying:

    • The invoice number

    • The amount you propose to pay

    • How that amount was calculated

    • Your reasons for withholding payment

    • The scheduled amount must still be paid by the due date.

  6. If we disagree with your payment schedule, we may refer the matter to adjudication (see Clause 40).

4. Variations

  1. Any variation to the work must be agreed between both parties.

  2. Variations may include:

    • (a) Changes to the scope, quality, or timing of work, or any cost changes due to instructions or site conditions.

    • (b) Any other change as defined within these Terms and Conditions.

  3. We will advise you as soon as practicable of any change in price resulting from a variation.

  4. We may, at our discretion, withhold work that we reasonably consider a variation until written confirmation or pricing agreement is received.

5. Completion and Delays

  1. We will aim to complete work within a reasonable timeframe or any agreed target date.
    We are not liable for delays caused by:

  • Lack of access or information

  • Weather

  • Labour disputes

  • Accidents, fire, or equipment issues

  • Changes in sequence or approvals

  • Force majeure (see Clause 37)
    If required to work outside normal hours (8am–5pm) due to such circumstances, extra costs may apply as a variation.

6. Default and Non-Payment

  1. If you default on payment or breach these Terms:

  • (a) We may suspend work under Section 24A of the Act (after 5 working days’ notice).

  • (b) We may terminate the contract.

  • (c) We may claim and recover losses including loss of profit.

  • (d) We may charge 12% interest per annum on overdue amounts.

  • (e) You are liable for all collection and legal costs incurred.

  1. Upon suspension:

  • (a) We are not liable for any resulting loss or damage.

  • (b) We are entitled to a time extension if work resumes.

  • (c) We may lift suspension at our discretion even if unpaid.

  1. Any payment received will first reduce interest and collection costs, then the outstanding balance.

7. Customer Warranties

  1. You warrant that:

  • (a) You are authorised to enter this agreement.

  • (b) If you act as a trust, each trustee is bound personally (with limited liability for independent trustees).

  • (c) You may not assign your obligations without our written consent.

8. Workmanship Warranty

  1. You must report any workmanship defects within 90 days of completion. We will, at our discretion, repair or fix any verified defects.

  2. No warranty is given regarding reappearance of rust.

  3. No warranty is given for paint ageing, particularly with dark colours, which may age faster.

9. Limitation of Liability

  1. To the maximum extent permitted by law, we exclude all liability for any:

  • Loss, damage, delay, or variation

  • Colour or design discrepancies

  • Consequential or indirect losses

  1. If liability is established, our maximum liability will be the lesser of:

  • (a) The contract price

  • (b) The value of affected goods/services

  • (c) The actual loss incurred

  1. We are not liable for cracked glass, except where caused by our proven negligence.

10. Materials and Equipment

  1. All materials are supplied per manufacturer standards.

  2. Materials remain our property until full payment. We reserve the right to:

  • Enter your property to recover unpaid goods

  • Register a security interest under the Personal Property Securities Act 1999

  1. All equipment supplied remains our property. You must not:

  • (a) Sell, lend, or modify our equipment

  • (b) Deface or alter it

  • (c) Prevent our access to recover it

  1. These obligations also bind any liquidator, receiver, or official assignee.

  2. We are not responsible for any damage caused by persons outside our control. Repairs of such damage will be treated as a variation.

11. Access to Worksite

  1. You must provide safe, reasonable access and any necessary facilities (e.g. scaffolding) for us to perform our work and deliver materials.

12. Health and Safety

  1. We comply with all relevant Health & Safety regulations and site-specific requirements.

  2. We may refuse to work if conditions are unsafe.

13. Force Majeure

  1. We are not liable for failure to perform due to events beyond our control, including:

  • Natural disasters, accidents, or fires

  • War, terrorism, or epidemics

  • Supplier failures or transport disruptions

  • Labour shortages or disputes
    Our obligations will be suspended or waived for the duration of such events.

14. Termination

  1. Either party may terminate the contract immediately if the other materially breaches and fails to remedy within 3 working days.

  2. Termination does not affect rights or liabilities accrued prior to termination.

15. Dispute Resolution

  1. Any dispute shall first be resolved by negotiation. If unresolved, either party may refer it to:

  • Adjudication under Section 28 of the Act

  • Arbitration under the Arbitration Act 1966

  1. Payment obligations remain in force during any dispute process.

16. Miscellaneous

  1. The Construction Contracts Act 2002 applies to this contract.

  2. If any clause is unenforceable, it will be severed without affecting the rest.

  3. Any changes to this contract must be in writing and signed by us.

  4. You acknowledge this contract is the entire agreement, and you are not relying on any other representations.

  5. We may amend these Terms at any time. The version current at the Quotation date applies.

  6. References to legislation include any future amendments.

  7. This contract is governed by New Zealand law, and any proceedings must be brought in a New Zealand court.

Definitions

  • “Act” – Construction Contracts Act 2002

  • “Contract” – The Quotation, these Terms and any related documents

  • “Customer” / “You” – The person or entity engaging Premium Plastering

  • “We” / “Us” / “Our” – Premium Plastering, including officers, employees, and subcontractors

  • “Work” – All plastering and/or painting services described in the Quotation or variations

  • “Quotation” – The written offer specifying scope, materials, and pricing

  • “Writing” – Any visible representation of words or figures (including email)