Level Up Drainage Terms & Conditions

Definitions

• Company means Level Up Drainage.
• Customer means the person, company, or entity engaging the Company.
• Services means all drainage, excavation, and related works supplied by the Company.
• Goods means any materials or products supplied by the Company.

Acceptance

By accepting a quote, instructing work to begin, or engaging the Company, the Customer agrees to these Terms of Trade.

Quotes and Pricing

• Quotes are valid for 30 days unless stated otherwise.
• Quotes are based on information available at the time. Unforeseen conditions may result in variations.
• All prices are exclusive of GST unless stated otherwise.
• Variations will be discussed and may be charged additionally.

Variations and Unforeseen Work

Drainage and excavation work can uncover unknown conditions such as rock, poor ground, buried services, and groundwater.

• The Company will notify the Customer where possible.
• Additional costs will be charged at agreed rates or reasonable market rates.

Deposit and Booking

• The Company may require a deposit prior to scheduling or commencing work.
• No booking will be confirmed until the deposit has been received.
• The deposit amount will be specified in the quote or agreed in writing.
• The deposit is non-refundable once materials have been ordered or work has been scheduled.

Payment Terms

• Payment is due 7 days from the date of invoice unless otherwise agreed in writing.
• The Company may require progress payments for larger jobs.

Late Payment

• The Company may charge interest at 2.5 percent per month on overdue amounts.
• The Customer is liable for all debt recovery and legal costs.
• The Company may suspend work until payment is up to date.

Ownership and Security

• Ownership of goods remains with the Company until paid in full.
• The Company retains the right to register a security interest under the PPSA Personal Property Securities Act 1999.
• The Customer agrees to assist with any required documentation.

Site Access and Responsibilities

• Provide safe and clear access to the site.
• Ensure boundaries and services are correctly identified.
• Obtain any required consents unless otherwise agreed.
• The Company is not responsible for damage to unmarked services.
• The Company is not responsible for delays caused by restricted access or site conditions.

Excavation Risk

• Unknown underground services including power, water, gas, fibre, and drainage.
• Ground conditions such as rock, unstable soil, fill, or groundwater.
• Structural risks to nearby buildings, driveways, fences, or landscaping.
• The Company relies on information provided by the Customer or third parties regarding underground services.
• The Company is not liable for damage to unmarked or incorrectly identified services.
• Additional work required due to unforeseen ground conditions will be treated as a variation and charged accordingly.
• The Customer accepts responsibility for costs arising from inaccurate site information.

Health and Safety

• The Company operates under New Zealand Health and Safety legislation.
• Customers and other contractors must comply with site safety requirements.
• The Company may stop work if safety risks are identified.

Liability

• The Company will take reasonable care in providing services.
• Liability is limited to the value of the work supplied.
• The Company is not liable for consequential loss.
• The Company is not liable for delays outside its control.
• The Company is not liable for pre-existing site issues.

Warranties

• Workmanship is covered under the Consumer Guarantees Act 1993.
• Manufacturer warranties apply to supplied materials where relevant.

Cancellations

• Time spent.
• Materials ordered.
• Loss of scheduled work.

Disputes

• Any disputes must be raised within 7 days of invoice or issue.
• Both parties agree to attempt to resolve disputes in good faith before legal action.

Force Majeure

The Company is not liable for delays or failure to perform due to events outside its control such as weather or supply issues.

Privacy

• Collect and use information for credit and account management.
• Share information with credit agencies if required.

General

• These terms override any conflicting Customer terms unless agreed in writing.
• If any clause is invalid, the remaining clauses remain enforceable.