Average rates for painting - Resene

Resene Professional development programme1.(thereinafter referred to as “the Contractor”) written quotationshall be deemed to interpret correctly the Customer’s instructionswhether written or oral and the Customer is accordingly advisedto exercise due care in checking quotations. Any additional worknot quoted for shall be carried out at the Customer’s expense.The term “quotation” shall include estimates for the purposesof these Terms of Trade.2. In offering to carry out this work, the contractor undertakesto exercise all care in minimising any possible damage to thecustomers property or to surrounding property.3. Safety – The health safety and welfare of all persons workingon site is the foremost consideration for the Contractor. To thisend all responsible practical efforts must be made to create andmaintain safe working conditions, in conformance with H&S 19–When, in the opinion of the Contractor, an unsafe conditionexists or an unsafe act is being committed (provided such isnot caused by the Contractor), you will be instructed to takeappropriate action to rectify the situation. Failure to do sowill result in the Contractor applying whatever measures areconsidered necessary to ensure conformity with the aboverequirements.4. Payment Terms – Unless stated differently on the front page ofthis quote, the payment terms are as follows:(a) Payment of the Contractor’s account including all additionalcharges is due in full (i) for Residential work within seven (7)days from the completion of the work: and (ii) for Commercialwork by the 20th of the months following the completion of thework.(b) The Contractor reserves the right to charge interest on anypayments not made as above at the rate of 2% per month.(c) The Contractor may at any time require security for paymentand may withhold delivery until provision of sufficient securityor the Contractor may at its option suspend or terminate thecontract and the payment of all materials delivered and workcommenced up to the date of such suspension or terminationand all moneys payable hereunder shall immediately becomedue and payable.(d) All costs and expenses incurred by the Contractor inenforcing these conditions of sale including all legal costsincurred in recovering any debts owed to the Contractor by theCustomer, shall be payable by the Customer.5. Claims – Any complaints made about the standard ofworkmanship or the carrying out of this work shall be madein writing to the Contractor at the address stated on the frontpage of this quote within 10 days following completion of thework.6. Prices quoted are subject to variations occasioned by anyincrease in the cost of the materials to the Contractor subsequentto the date of quotation. The price payable by the Customer maybe varied by such amounts as the Contractor shall certify tobe reasonable having regard to the demonstratable variation incosts.7. Prices are based on colour selections to mid range of R.V. values.Some colour selections may result in increased prices payableby the Customer following advice by the Contractor.8. No responsibility is accepted for loss arising from delay orinability to deliver occasioned by strike, lock out, difficultyprocuring suitable materials, goods or substances requiredTerms of tradeConditions of salein the manufacture of goods, mechanical failure, shortage ofstocks, shortage of labour, lack of skilled labour, delay in transit,prohibition or restrictions, fire, flood, hostilities, civil commotion,terrorism or other cause whatsoever whether similar in natureor not to the foregoing. Any delay caused by the Customer willconstitute a variation and be charged accordingly.9. No liability or obligation is entered into, whether in regardsto these Terms of Trade or any other way to any party notcontracting with the Contractor.10. Failure by the Contractor to insist upon strict performance of anyterm or condition herein shall not be deemed a waiver of anysuch subsequent breach of any term or condition. No provisionherein to be deemed a waiver by the Contractor unless sucha waiver be in writing signed by the Contractor’s authorisedsignatory.11. The Contractor accepts no responsibility for any authorities orapprovals that may be required from third parties in terms of thematerials or services covered by this quotation or subsequentcontract.12. The Customer warrants that where it is proposed to affix orapply any material on any land or premises not owned by theCustomer or to utilise any land or premises not owned by theCustomer, all necessary consent from the appropriate authorityor adjoining land owner has been obtained by the Customer.13. Cancellation of this contract or parts thereof can only be effectedupon terms which will compensate the Contractor against allexpenses incurred and otherwise protect the Contractor againstloss or profit and overhead on the execution of an order.14. It is agreed that where any materials are repossessed in termsof this agreement the purchaser shall remain indebted to theContractor for the purchase price or any part thereof thatremains unpaid.15. Prices quoted are based on the information available from thesite survey. Where circumstances are encountered that are notforeseeable from the site survey requiring extra work, extracosts may be charged. If extra costs are charged they shall bepaid for as set out in Clause 4.16. The Contractor accepts no responsibility for the suitability ofthe structure substrate to which materials herein described areproposed to be applied.17. If any dispute arises from the contracting parties it shall bereferred to Arbitration in accordance with the Arbitration Act1908 within two months.18. Neither party shall vary the conditions of this contract withoutthe written approval of both (signatories hereto) parties.19. Implied Conditions and Special Terms – No conditions orwarranties expressed or implied by law and no representationsor statements are binding on the Contractor unless so specifiedon this quotation and these Terms of Trade and this quotationshall form the sole terms of the Contract. In the case of anyconflict arising between the terms of the order and theseterms and conditions, these terms and conditions shall prevail.No agent or representative of the Contractor is authorised tomake any representations, statements, warranties, conditionsor agreements not expressly set forth in the quotation and theContractor is not in any way bound by any such unauthorisedstatements nor can any such statement be taken to form part ofa contract with the Contractor collateral to the main contract.Call 0800 RESENE (737 363), visit www.resene.co.nzor email us at advice@resene.co.nz58