Terms and Conditions of Trade

1. Definitions

• Company means Ravix Construction Limited.
• Client means any individual, company, trust or organisation engaging Ravix Construction Limited.
• Services means all construction, roofing, renovations, carpentry, maintenance, repairs, fencing, decking, painting, plastering, project management, labour and any other services supplied by Ravix Construction Limited.
• Goods means all materials, products, fixtures, equipment and supplies provided by Ravix Construction Limited.
• Contract means these Terms and Conditions together with any quotation, estimate, variation, invoice or written agreement.

2. Acceptance

These Terms become binding when the Client:

• accepts a quotation;
• signs a contract;
• pays a deposit;
• requests Ravix Construction Limited to begin work;
• allows work to commence; or
• accepts delivery of goods or services.

3. Quotations

Unless otherwise stated:

• quotations remain valid for 30 days;
• quotations are based on information available at the time they are prepared;
• quotations exclude GST unless expressly stated otherwise;
• quotations are subject to material price increases beyond Ravix’s reasonable control before work commences;
• estimated quantities may change once work begins.

Any quotation may be withdrawn or amended before acceptance.

4. Deposits

Ravix may require a deposit before commencing work.

Deposits are used to secure labour, project scheduling and purchase materials.

Deposits become non-refundable once:

• materials have been ordered;
• subcontractors have been engaged;
• permits have been obtained; or
• work has commenced.

5. Progress Payments

For larger projects Ravix may issue progress invoices throughout construction.

Progress invoices are payable on the due date regardless of whether the project has reached practical completion.

Failure to make a progress payment entitles Ravix to immediately suspend work until payment is received. Any resulting delays become the Client’s responsibility.

6. Final Payment

Unless otherwise agreed in writing:

• Final payment is due immediately upon completion of the work.
• Completion includes practical completion where the work is capable of being used for its intended purpose even if minor cosmetic items remain outstanding.
• The Client may not delay payment because of minor defects, cosmetic imperfections or incomplete punch-list items.

7. Late Payment

If payment is overdue Ravix may:

• charge interest at 2% per month calculated daily;
• suspend all work;
• cancel future bookings;
• refuse further supply of goods or services;
• engage debt collection agencies;
• commence legal proceedings;
• register a security interest under the Personal Property Securities Act 1999;
• recover all legal costs, debt collection costs, court costs and enforcement costs on a solicitor-client basis.

8. Variations

Any change requested after acceptance of the quotation is a variation.

Variations include but are not limited to:

• additional work;
• upgraded materials;
• design changes;
• client-requested alterations;
• hidden defects;
• unforeseen site conditions.

Variations may increase the contract price and extend completion dates.

Verbal instructions may be relied upon where urgent work is required.

9. Hidden Conditions

Unless specifically identified before work commences, Ravix accepts no responsibility for hidden conditions including:

• rotten timber;
• structural movement;
• water damage;
• mould;
• asbestos;
• termite damage;
• hidden plumbing defects;
• hidden electrical defects;
• inadequate foundations;
• defective framing;
• corrosion;
• concealed leaks.

If hidden defects are discovered, Ravix may suspend work until the Client approves additional costs.

10. Site Access

The Client agrees to provide:

• safe access;
• adequate working space;
• electricity;
• water;
• unrestricted site access during agreed working hours.

If Ravix is delayed because the Client fails to provide access, additional labour, travel and administration charges may apply.

11. Delays

Ravix shall not be liable for delays caused by:

• adverse weather;
• supplier shortages;
• material delays;
• council inspections;
• engineering changes;
• labour shortages;
• natural disasters;
• strikes;
• pandemics;
• utility failures;
• events beyond Ravix’s reasonable control.

Completion dates are estimates only.

12. Client Responsibilities

The Client is responsible for:

• obtaining any approvals not specifically included in the quotation;
• ensuring property boundaries are correctly identified;
• protecting personal belongings;
• keeping children and pets away from the work area;
• advising Ravix of underground services and hazards.

13. Existing Damage

Ravix is not responsible for pre-existing:

• cracks;
• settlement;
• movement;
• water damage;
• paint failure;
• deterioration;
• mould;
• rust;
• defective workmanship by previous contractors.

Photographs taken before work commences may be used as evidence of the property’s condition.

14. Damage Caused by Others

Ravix is not liable for damage caused by:

• homeowners;
• tenants;
• visitors;
• other contractors;
• delivery companies;
• trades engaged by the Client;
• pets;
• vandalism;
• storms;
• flooding;
• earthquakes;
• fire.

15. Defects Notification

The Client must inspect the completed work within five (5) working days.

Any defects must be reported in writing.

If no written notice is received within five working days, the work is deemed accepted.

This clause does not limit any rights the Client has under applicable New Zealand law where those rights cannot be excluded.

16. Minor Defects

Minor defects that do not materially affect safety, structural integrity or functionality do not entitle the Client to withhold payment.

Ravix will rectify genuine defects within a reasonable period.

17. Warranties

Ravix warrants that workmanship will be carried out with reasonable care and skill.

Manufacturer warranties apply only to products supplied by the manufacturer.

Warranties become effective only after payment has been received in full.

Warranties do not cover:

• accidental damage;
• misuse;
• neglect;
• lack of maintenance;
• normal wear and tear;
• storm damage;
• modifications by others;
• damage caused by other contractors.

18. Ownership of Goods

Ownership of all Goods remains with Ravix until payment has been received in full.

Risk passes to the Client upon delivery or installation.

Where permitted by law, Ravix may recover unpaid Goods.

19. PPSA

The Client grants Ravix a security interest in all Goods supplied under the Personal Property Securities Act 1999.

The Client agrees to sign all documents reasonably required to register and maintain that security interest.

20. Suspension of Work

Ravix may suspend work immediately where:

• payment is overdue;
• unsafe site conditions exist;
• abuse or threatening behaviour occurs;
• the Client interferes with construction;
• access is denied.

Any additional costs caused by suspension shall be payable by the Client.

21. Cancellation

If the Client cancels after acceptance, the Client must pay for:

• completed work;
• materials purchased;
• materials ordered;
• subcontractor costs;
• administration costs;
• reasonable loss of profit on work cancelled.

22. Limitation of Liability

To the fullest extent permitted by New Zealand law, Ravix shall not be liable for:

• indirect losses;
• consequential losses;
• loss of income;
• loss of rent;
• business interruption;
• accommodation costs;
• emotional distress;
• loss of opportunity.

Where liability cannot legally be excluded, Ravix’s total liability shall not exceed the value of the relevant contract.

Nothing in these Terms limits any rights that cannot lawfully be excluded under New Zealand legislation.

23. Photography

Ravix may photograph work before, during and after completion for:

• quality assurance;
• record keeping;
• dispute resolution;
• insurance purposes;
• marketing.

No personal information identifying the Client will be published without consent unless otherwise permitted by law.

24. Health and Safety

The Client agrees to comply with all reasonable health and safety requirements while work is being carried out.

No person shall enter restricted work areas without permission.

Ravix may stop work where health and safety is compromised.

25. Privacy

Personal information is collected for:

• quotations;
• invoicing;
• project management;
• credit assessment;
• debt recovery;
• legal compliance.

Information may be shared with legal advisers, insurers, debt collection agencies or credit reporting agencies where necessary.

Information is handled in accordance with the Privacy Act 2020.

26. Consumer Guarantees Act

Where the Client acquires services for business purposes, the Client agrees that the Consumer Guarantees Act 1993 does not apply to the extent permitted by law.

27. Force Majeure

Ravix shall not be liable for any failure or delay caused by events beyond its reasonable control.

28. Disputes

The parties agree to attempt to resolve disputes through good-faith discussions before commencing legal proceedings, unless urgent court action is reasonably necessary.

29. Governing Law

These Terms are governed by the laws of New Zealand.

The New Zealand Courts shall have exclusive jurisdiction.

30. Entire Agreement

These Terms constitute the entire agreement between Ravix Construction Limited and the Client unless otherwise agreed in writing.

If any provision is found to be invalid, the remaining provisions remain in full force and effect.