Terms and Conditions of WIZ Property Services Limited

Effective: 20 November 2024

 

1. Definitions

 

1.1 The following terms have these meanings throughout these conditions, unless the context requires otherwise:

 

1.1.1 Completion of the Works means the date on which WIZ notifies the Customer that the Works have been finished in accordance with clause 5.

 

1.1.2 Customer means the person or entity named in the Quotation, or any person acting with their actual or implied authority.

 

1.1.3 WIZ means WIZ Property Services Limited (NZBN 9429052392177), and includes its employees, agents, and anyone else acting under its direction.

 

1.1.4 Guarantor means any person who has agreed to be personally responsible, as principal debtor, for amounts owed by the Customer to WIZ under these conditions and/or the Quotation.

 

1.1.5 Premises means the property or site at which the Works are to be carried out, as described in the Quotation.

 

1.1.6 Price means the amount payable by the Customer to WIZ for the Works as set out in the Quotation, and as adjusted by any variation under clause 8.

 

1.1.7 Project Manager means the project manager assigned by WIZ to oversee and coordinate the Works.

 

1.1.8 Quotation means any written quote or estimate provided by WIZ to the Customer.

 

1.1.9 Subcontractor means any tradesperson engaged by WIZ to carry out part or all of the Works.

 

1.1.10 Works means all work and services to be performed by WIZ at the Premises as described in the Quotation.

 

2. Acceptance

 

2.1 By signing or confirming the Quotation, the Customer accepts these terms and conditions in full. Any changes to these terms require written agreement between WIZ and the Customer.

 

2.2 The Customer acknowledges that WIZ carries out the Works solely on these terms and conditions, and not on any other terms the Customer may seek to impose.

 

2.3 If two or more people sign as or on behalf of the Customer, each of them is jointly and individually liable for all amounts owed to WIZ.

 

3. Price and Payment

 

3.1 The Price is stated exclusive of Goods and Services Tax (GST) and any other applicable taxes or levies, and is subject to adjustment in accordance with these conditions.

 

3.2 Payment may be made by direct credit, cash, cheque, or bank cheque, or by any other method agreed to in writing by WIZ. Payment is due by the date shown on the invoice. Standard payment dates are either 7 days from the invoice date, or the 20th of the following month.

 

3.3 WIZ is entitled to submit progress payment claims in accordance with the Construction Contracts Act 2002. For clarity, progress claims may include the value of materials delivered to the Premises but not yet installed or applied. Progress payments are due by the 20th of the month following the invoice date.

 

4. Risk, Insurance and Ownership of Goods

 

4.1 The Works, the Premises, its contents, and any structure of which the Premises forms part, are at the sole risk of the Customer at all times.

 

4.2 WIZ will hold, or will require any Subcontractor to hold, public liability insurance with a minimum coverage of $1,000,000.00.

 

5. Completion of Works

 

5.1 WIZ will notify the Customer in writing once the Works are complete. Where the Works are carried out in stages, WIZ will provide written notification as each stage is finished.

 

6. Site Access

 

6.1 The Customer must ensure that WIZ has access to the Premises throughout the agreed project timeframe.

 

6.2 If WIZ secures or locks any part of the Premises while work is not in progress, the Customer must not enter that area except at reasonable times and by prior arrangement with WIZ.

 

6.3 From the start through to Completion of the Works, the Customer must provide power and water at the Premises at their own cost, in sufficient supply to allow the Works to be carried out.

 

6.4 The Customer must remove any furniture, fittings, or equipment from areas where work is to be performed, as directed by WIZ. WIZ will not be responsible for any damage to items that the Customer fails to remove.

 

6.5 All questions and communications about the Works must be directed to the Project Manager or the Foreman on site — not directly to tradespeople or Subcontractors.

 

7. Substitutions

 

7.1 If any material, method, or process specified in the Works becomes unavailable or is prohibited by law, WIZ may substitute a reasonably equivalent alternative, with a corresponding adjustment to the Price.

 

7.2 Any substitution under clause 7.1 requires the Customer's prior written approval, which must not be unreasonably withheld.

 

8. Variations

 

8.1 WIZ will carry out reasonable variations to the Works requested in writing by the Customer, provided any adjustment to the Price is agreed in writing before the variation work begins.

 

8.2 The Customer may not instruct a Subcontractor directly to make any variation to the Works.

 

8.3 Where a variation to the scope or nature of the Works becomes necessary, WIZ reserves the right to charge on a Net Cost plus basis and at the following rates (all excluding GST):

 

Project Manager / Construction Manager $85.00 per hour

Foreman / Approved Installer $70.00 per hour

Skilled Tradesman $65.00 per hour

Unskilled Operative $50.00 per hour

Administration $45.00 per hour

Travel Time (to/from site, per person) $45.00 per hour

Fuel $0.50 per km

Scissor Lift / Knuckle Boom Hire $950.00 per week / $225.00 per day

Delivery / Collection (each way) $150.00 (location dependent)

Materials Net Cost + 15%

Plant / Tools Net Cost + 15%

 

All rates above exclude GST.

 

9. Defects and Omissions

 

9.1 Subject to clause 10.4, WIZ will remedy any defect in or omission from the Works reported by the Customer within three (3) months of Completion, promptly and at WIZ's cost.

 

10. Limitation of Liability

 

10.1 Subject to clauses 6.4 and 10.2, WIZ's liability to the Customer is limited to direct loss or damage directly caused by a breach of WIZ's obligations under these conditions.

 

10.2 In any dispute arising under these conditions, the Customer's remedies are limited to damages. WIZ's total liability to the Customer — whether under these conditions or under any other legal basis — shall not exceed the Price.

 

10.3 Any timeframes provided by WIZ for completion of all or part of the Works are estimates only. WIZ will not be liable for any direct or consequential loss arising from the Works not being completed within, or at all within, any estimated timeframe.

 

10.4 The Customer acknowledges that paint may naturally vary in shade, colour, texture, and finish, and may change or fade over time. WIZ will take all reasonable steps to match new paint to existing paint at the Premises in order to minimise any visible variation. WIZ will not be liable where such variations occur as a result of the nature of paint products rather than any fault in workmanship.

 

11. Default and Consequences

 

11.1 WIZ may charge interest on any overdue invoice at a rate of 20% per annum, calculated daily from the date payment was due until the date payment is received. This interest continues to accrue whether or not judgment has been entered.

 

11.2 If the Customer is in breach of any obligation under these conditions and has not remedied that breach within seven (7) calendar days of receiving written notice from WIZ, WIZ may suspend or terminate the Works and any of its other obligations under these conditions. WIZ will not be liable to the Customer for any loss or damage resulting from the exercise of these rights.

 

11.3 The Customer is responsible for all costs incurred by WIZ in enforcing these conditions, including legal costs on a solicitor/client basis and any debt collection costs.

 

12. Dispute Resolution

 

12.1 If a dispute arises that the parties cannot resolve between themselves, it will be referred to arbitration before a single arbitrator agreed by the parties, or if agreement cannot be reached, nominated by the President of the New Zealand Law Society. WIZ also has the right to refer any dispute to the Disputes Tribunal, provided the total amount sought does not exceed $7,500.00.

 

12.2 Nothing in this clause prevents WIZ from taking steps to recover the Price or other amounts owed under these conditions, or from exercising its right to terminate under clause 11.2.

 

13. Personal Property Securities Act 1999

 

13.1 The Customer acknowledges that these conditions create a Security Interest in Personal Property (as those terms are defined in the Personal Property Securities Act 1999 ("PPSA")), and that WIZ may register a financing statement on the Personal Property Securities Register accordingly.

 

13.2 The Customer waives its rights under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

 

14. Health and Safety

 

14.1 Both WIZ and the Customer will:

 

14.1.1 comply with the Health and Safety at Work Act 2015 (HSWA) in relation to the Works, the Premises, and all materials and equipment used in connection with them, as part of a shared place of work;

 

14.1.2 identify all significant hazards and eliminate them where practicable, or isolate or minimise them where elimination is not practicable; and

 

14.1.3 work together cooperatively to ensure the requirements of the HSWA are met and complied with in all respects.

 

15. General

 

15.1 If any provision of these conditions is found to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

 

15.2 These conditions, together with the Quotation, form the entire agreement between WIZ and the Customer in relation to the Works and supersede all prior agreements and understandings.

 

15.3 All implied warranties are expressly excluded to the fullest extent permitted by law.

 

15.4 Failure by WIZ to enforce any provision of these conditions does not constitute a waiver of that provision or any other, nor does it amount to a continuing waiver unless confirmed in writing.

 

15.5 The Works are governed by the laws of New Zealand. WIZ accepts no responsibility for the effect of any changes in legislation on the Works.

 

15.6 WIZ will not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, earthquake, flood, storm, fire, pandemic, terrorism, war, strike, or other industrial action. WIZ will resume performance as soon as reasonably practicable once the event has passed.

 

15.7 WIZ may engage Subcontractors or assign any of its rights and obligations under these conditions without requiring the Customer's prior consent.

 

16. Guarantee

 

16.1 In consideration of WIZ agreeing to carry out the Works, the Guarantor personally guarantees, as principal debtor, all obligations of the Customer under these conditions. Where there is more than one Guarantor, they are jointly and individually liable.

 

16.2 Where the Customer is a company or trust, the directors or trustees (as applicable) personally guarantee all obligations of the Customer to WIZ — including any amounts due — as principal debtors.

 

17. Changes to These Terms

 

WIZ may update these Terms and Conditions from time to time to reflect changes in our practices or applicable legal requirements. We encourage you to review them periodically. By continuing to use our services you accept the Terms and Conditions as current at that time.