T&Cs

1.1 “Supplier” means Commercial Cleaning Repairs Limited, its successors and assigns or any person acting on behalf of and with the authority of Commercial Cleaning Repairs Limited.

1.2 “Customer” means the person/s ordering the Goods/Equipment as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

1.3 “Goods” means all Goods or Services supplied by the Supplier to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4 “Equipment” means all Equipment including any accessories supplied on hire by the Supplier to the Customer (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorization form provided by the Supplier to the Customer.

1.5 “Price” means the Price payable for the Goods/Equipment as agreed between the Supplier and the Customer in accordance with clause 4 below.

 

 2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods/Equipment.

2.2 These terms and conditions may only be amended with the Supplier’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Supplier.

 

 3. Change in Control

3.1 The Customer shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.

 

 4. Price and Payment

4.1 At the Supplier’s sole discretion the Price shall be either:

(a) as indicated on any invoice provided by the Supplier to the Customer; or
(b) the Supplier’s quoted price (subject to clause 4.2.) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

4.2 The Supplier reserves the right to change the Price:

(a) if a variation to the Goods/Equipment that is to be supplied is requested; or
(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested;
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations, prerequisite work by any third party not being completed, change of design, etc) which are only discovered on commencement of the Services; or
(d) in the event of increases to the Supplier in the cost of labour or materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond the Supplier’s control.

4.3 At the Supplier’s sole discretion:
(a) a deposit may be required;
(b) An inspection Fee may be required.

4.4 Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Customer on the date/s determined by the Supplier, which may be:
(a) Before, or on, delivery of the Goods/Equipment;
(b) for certain approved Customer’s, due twenty (20) days following the end of the month in which a statement emailed for notices;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Supplier.                                     

4.5 Payment may be made by cash, electronic/on-line banking, credit card or by any other method as agreed to between the Customer and the Supplier. Some payment methods such as credit card or contactless conveniences may incur a bank fee.                                                                                                                   

4.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the supply of the Goods/Equipment. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

4.7 The information, products and services published on our website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The supplier may make improvements and/or changes in this website at any time without notice.

4.8 If you wish to purchase an item that is on back order/preorder you will be advised on an ETA once the order has been placed. If you would like to check an ETA before purchasing please get in contact with one of our friendly staff and they will let you know as soon as possible - sales@ccrepairs.co.nz
Some items are not stocked in our warehouse so please allow extra time to receive your order. Items priced at $0.00 will be invoiced separately due to possible price changes for preordered stock.

4.9 All orders are processed within 1-2 business days. No shipments or deliveries are processed on weekends or public holidays. These will be administered on the next working day. 

 

 5. Delivery of Goods

5.1 Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:
(a) the Customer or the Customer’s nominated carrier takes possession of the Goods/Equipment at the Supplier’s address; or
(b) The supplier (or the Supplier’s nominated carrier) delivers the Goods/Equipment to the Customer’s nominated address even if the Customer is not present at the address.

5.2 At the Supplier’s sole discretion the cost of delivery is in addition to the Price.

5.3 The Customer must take delivery by receipt or collection of the Goods/Equipment whenever they are tendered for delivery. If the Customer is unable to take delivery of the Goods/Equipment as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.

5.4 Any time or date given by the Supplier to the Customer is an estimate only. The Customer must still accept the delivery of the Goods/Equipment even if late and the Supplier will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

5.5 Unfortunately, we cannot ship to PO Boxes. Please supply a residential or workplace address for delivery.

5.6 CCR is not liable for any products damaged or lost during shipping.
If you received your order damaged, please contact our team to file a claim. Please save all packaging material and damaged goods as this will be required as part of the claims process. Any shortages, damages or discrepancies must be advised within 7 days of the invoice date.

 

 6. Risk

Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must ensure the Goods on or before Delivery.

 

 7. Access

The Customer shall ensure that the Supplier has clear and free access to the work site at all times to enable them to deliver the Services/Equipment. The Supplier shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways, and concreted or paved or grassed areas) unless due to the negligence of the Supplier.

 

 8.Title

8.1 The Supplier and the Customer agree that ownership of the Goods shall not pass until:
(a) The customer has paid the Supplier all amounts owing to the Supplier; and
(b) The customer has met all of its other obligations to the Supplier.

8.2 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared, or recognized.

8.3 It is further agreed that:
(a) until ownership of the Goods passes to the Customer in accordance with clause 8.1 that the Customer is only a bailee of the Goods and must return the Goods to the Supplier on request.
(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged, or destroyed.
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes, or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand.
(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs.
(e) the Customer irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods. At the Supplier’s sole discretion, the Customer is able to uplift the Customer’s machinery in order for the Customer to obtain possession of any personal Goods that may have been used in tandem with the Supplier’s Goods.
(f) the Supplier may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier.
(h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

 

 9. Personal Property Securities Act 1999 (“PPSA”)

9.1 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Goods/Equipment previously supplied by the Supplier to the Customer (if any) and all Goods/Equipment that will be supplied in the future by the Supplier to the Customer.

9.2 The Customer undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods/Equipment charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of the Supplier;
(d) immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

9.3 The Supplier and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

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

9.5 Unless otherwise agreed to in writing by the Supplier, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

9.6 The Customer shall unconditionally ratify any actions taken by the Supplier under clauses 9.1 to 9.5.

 

 10. Security and Charge

10.1 In consideration of the Supplier agreeing to supply the Goods/Equipment, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

10.2 The Customer indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own Customer basis incurred in exercising the Supplier’s rights under this clause.

10.3 The Customer irrevocably appoints the Supplier and each director of the Supplier as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Customer’s behalf.

 

 11. Customer’s Disclaimer

11.1 The Customer hereby disclaims any right to rescind, or cancel any contract with the Supplier or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by the Supplier and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.

11.2 Where the Supplier gives advice, recommendations, information, assistance or service to the Customer, regarding the Goods/Equipment, then it is given in good faith and must be fully checked and verified by the Customer. The Supplier shall not be liable in any way whatsoever for any damages, losses or costs however arising resulting from the Customer relying on the same.

 

 12. On site repairs

Repairs carried out on site have a minimum charge of 1 hours labour and kms charge to site and back to our premises. Quotes can be provided on request however, they are treated as estimates providing an indication of costs only.

 

 13. Defects

13.1 The Customer shall inspect the Goods/Equipment on delivery and shall within two (2) days of delivery, for goods, and immediate for Equipment (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Supplier an opportunity to inspect the Goods/Equipment within a reasonable time following delivery if the Customer believes the Goods/Equipment are defective in any way. If the Customer shall fail to comply with these provisions the Goods/Equipment shall be presumed to be free from any defect or damage. For defective Goods/Equipment, which the Supplier has agreed in writing that the Customer is entitled to reject, subject to clause                                           

13.2 the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods/Equipment or repairing the Goods/Equipment. 12.2 The conditions applicable to the Supplier’s liability under clause 12.1 are: (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(a) failure on the part of the Customer to properly maintain any Goods; or
(b) failure on the part of the Customer to follow any instructions or guidelines provided by the Supplier; or   
(c) any use of any Goods otherwise than for any application specified on a quote or order form; or 
(d) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(e) fair wear and tear, any accident or act of God. 
(f) the warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Supplier’s consent.
(g) In respect of all claims the Supplier shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.

 

 14. Returns

14.1 Returns will only be accepted provided that:

(a) the Customer has complied with the provisions of clause 12.1; and
(b) the Supplier has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Customer’s cost within fourteen (14) days of the delivery date; and
(d) the Supplier will not be liable for Goods which have not been stored or used in a proper manner; and
(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

14.2 The Supplier may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of ten percent (10%) of the value of the returned Goods plus any freight.

 

 15. Warranty

15.1 For Goods not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

15.2 The conditions applicable to the warranty given on certain Goods supplied by the Supplier are contained on the “Warranty Card” that will be supplied with the Goods.

 

 16. Consumer Guarantees Act 1993

If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods/Equipment by the Supplier to the Customer.

 

 17. Intellectual Property

17.1 Where the Supplier has designed, drawn, or developed Goods/Equipment for the Customer, then the copyright in any designs, drawings and documents shall remain the property of the Supplier.

17.2 The Customer agrees that the Supplier may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods/Equipment which the Supplier has created for the Customer.

 

 18. Default and Consequences of Default

18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of five percent (5%) per calendar month with discounts reversed (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

18.2 If the Customer owes the Supplier any money the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, the Supplier’s collection agency costs, and bank dishonor fees).

18.3 Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods/Equipment to the Customer. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.

18.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Customer that remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:

(a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer becomes insolvent, convenes a meeting with its creditors, or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise), or similar person is appointed in respect of the Customer or any asset of the Customer.

 

 19. Cancellation

19.1 The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Equipment at any time before the Goods/Equipment are delivered by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any money paid by the Customer for the

Goods/Equipment. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.

19.2 In the event that the Customer cancels delivery of Goods/Equipment the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).

19.3 Cancellation of orders for Goods/Equipment made to the Customer’s specifications, or for non-stockiest items, will definitely not be accepted once production has commenced, or an order has been placed.

 

 20. Privacy Act 1993

20.1 The Customer authorises the Supplier or the Supplier’s agent to:

(a) access, collect, retain and use any information about the Customer;
(b) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
(c) for the purpose of marketing products and services to the Customer.
(d) disclose information about the Customer, whether collected by the Supplier from the Customer directly or obtained by the Supplier from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.

20.2 Where the Customer is an individual the authorities under clause 19.1 are authorities or consents for the purposes of the Privacy Act 1993.

20.3 The Customer shall have the right to request the Supplier for a copy of the information about the Customer retained by the Supplier and the right to request the Supplier to correct any incorrect information about the Customer held by the Supplier.

 

 21. Unpaid Seller’s Rights

21.1 Where the Customer has left any item with the Supplier for repair, modification, exchange or for the Supplier to perform any other service in relation to the item and the Supplier has not received or been tendered the whole of any moneys owing to it by the Customer, the Supplier shall have, until all moneys owing to the Supplier are paid:

(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

21.2 The lien of the Supplier shall continue despite the commencement of proceedings, or judgment for any moneys owing to the Supplier having been obtained against the Customer.

 

 22. Equipment Hire

22.1 Equipment shall at all times remain the property of the Supplier and is returnable on demand by the Supplier. In the event that Equipment is not returned to the Supplier in the condition in which it was delivered the Supplier retains the right to charge the Customer the full cost of repairing the Equipment. In the event that Equipment is not returned at all the Supplier shall have right to charge the Customer the full cost of replacing the Equipment.

22.2 The Customer shall;

(a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.
(b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
(c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by the Supplier to the Customer.

22.3 The Customer accepts full responsibility for the safekeeping of the Equipment and the Customer agrees to insure, or self insure, the Supplier’s interest in the Equipment and agrees to indemnify the Supplier against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further, the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

22.4 If the machinery is not cleaned to the condition satisfactory to the supplier upon return the customer will incur a cleaning fee charged at their hourly rate with a minimum charge of half an hour.

 

 23. General

23.1 The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Auckland courts of New Zealand.

23.3 The Supplier shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment on hire).

23.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.

23.5 The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

23.6 The Customer agrees that the Supplier may amend these terms and conditions at any time. If the Supplier makes a change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Supplier to supply Goods/Equipment to the Customer.

23.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

23.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorizations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.

23.8 The Customer must ensure when they receive their statement every month that they immediately contact the suppliers accounts department if they are missing any invoices to ensure payment is made on time.