GCW Engineering Ltd
Terms of Trade
1. Acceptance of Terms
1.1 All goods and services supplied by GCW Engineering Ltd (“GCW”) are supplied subject to these Terms of Trade.
1.2 Acceptance of a quote, estimate, work order or invoice constitutes acceptance of these Terms.
1.3 These Terms prevail over any terms supplied by the Customer.
2. Quotes & Estimates
2.1 Quotes are valid for 14 days unless stated otherwise.
2.2 Estimates are based on a clean run of the job with uninterrupted access.
2.3 Variations requested by the Customer may incur additional charges.
2.4 Unforeseen site conditions may result in additional costs.
3. Payment
3.1 Unless otherwise agreed in writing, or stated on the invoice, payment is due on the 20th of the month following invoice.
3.2 GCW may require deposits or progress payments for larger projects.
3.3 Time for payment is of the essence.
4. Default Interest
4.1 Overdue amounts may incur interest at 2% per month (calculated daily) from the due date until payment is made in full.
4.2 Interest is recoverable under the Contract and Commercial Law Act 2017.
5. Recovery Costs
5.1 The Customer agrees to pay all costs incurred in recovering overdue amounts including:
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Debt collection fees
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Solicitor-client legal fees
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Court costs
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Tracing fees
5.2 Recovery costs are payable whether or not legal proceedings are commenced.
6. Suspension of Work
6.1 GCW may suspend work immediately if payment is overdue.
6.2 GCW is not liable for delays caused by suspension.
7. Retention of Title
7.1 Ownership of goods and materials supplied remains with GCW until paid in full.
7.2 Risk passes to the Customer upon delivery.
7.3 If unpaid, GCW may recover goods where practicable.
8. Construction Contracts Act Protection
Where applicable under the Construction Contracts Act 2002:
8.1 GCW may issue payment claims under the Act.
8.2 If no valid payment schedule is received, the claimed amount becomes payable.
8.3 GCW may suspend work in accordance with the Act.
9. Limitation of Liability
9.1 GCW’s liability is limited to the value of the goods or services supplied.
9.2 GCW is not liable for indirect or consequential loss.
9.3 Where goods or services are supplied for business purposes, the Customer agrees the Consumer Guarantees Act 1993 does not apply.
10. Disputes
10.1 Any dispute must be notified in writing within 5 working days of invoice.
10.2 Failure to notify constitutes acceptance of the invoice.
11. Jurisdiction
These Terms are governed by New Zealand law and any dispute shall be heard in courts nearest to Hawke’s Bay.