Terms of trade

Bay Plumbing Services terms of trade

Plumbing, drainlaying, blocked drains, maintenance and project work.

How the contract is formed

These Terms apply whenever BPS supplies goods or services. The contract consists of the accepted quotation, estimate, work order or other written scope; these Terms; and any approved variation. If there is an inconsistency, the specific written quotation or variation takes priority over these Terms.

The Customer accepts the contract by signing or approving it, instructing BPS to proceed, paying a deposit, or allowing BPS to start work after receiving the quotation or these Terms.

Key commercial settings

1. Definitions and interpretation

1. BPS, we, us or our means Bay Plumbing Services Limited trading as Bay Plumbing Services.
2. Customer, you or your means the person or entity named in the quotation, work order or invoice, and any person who has authority to instruct BPS on that Customer's behalf.
3. Works means the goods and services BPS agrees to supply, including any approved variations. Site means the place where the Works are carried out.
4. Business Day means a day other than a Saturday, Sunday or public holiday in Hawke's Bay. Consumer has the meaning given by applicable New Zealand consumer law.
5. Including and similar words do not limit what follows. A reference to legislation includes amendments and replacement legislation.

2. Quotations, estimates and scope

1. A quotation is an offer to complete the stated scope for the stated price, subject to its assumptions, exclusions and these Terms. Unless stated otherwise, it may be accepted within 30 days and may be withdrawn before acceptance.
2. An estimate is BPS's reasonable assessment based on information available at the time; it is not a fixed price. The final charge will reflect actual labour, materials, plant, subcontractors and other properly incurred costs. BPS will advise the Customer if it becomes apparent that an estimate is likely to be materially exceeded.
3. Prices are plus GST unless expressly stated to include GST. Where the Customer is a Consumer, BPS will show the GST-inclusive total before acceptance. Clerical or arithmetic errors may be corrected promptly after discovery, but BPS will not use this clause to alter an agreed scope or price unfairly.
4. Unless specifically included, pricing does not include design, engineering, survey, council or utility charges, consent fees, destructive investigation, asbestos or hazardous-material work, excavation in unknown ground, rock, dewatering, traffic management, electrical work, builders' work, painting, floor or wall finishes, landscaping, rubbish beyond BPS's own trade waste, or remediation of pre-existing defects.
5. Plans, quantities, dimensions and information supplied by the Customer or others may be relied on by BPS. BPS is not responsible for an error arising from inaccurate, incomplete or late information unless BPS knew, or reasonably should have known, it was incorrect.
6. Unless a quotation expressly says it is a free quotation, diagnostic investigation, testing, CCTV inspection, leak detection, locating, reports, design input and preparation of detailed costings may be charged at BPS's applicable rates if disclosed before that work begins.

3. Charges and pricing

1. Where work is charged on time and materials, charges may include the applicable call-out or minimum charge, labour and travel time, vehicle or plant charges, materials, freight, consumables, subcontractors, disposal fees and an appropriate margin. Current rates may be set out in the quotation or BPS price schedule.
2. Labour is recorded in reasonable increments. Waiting time caused by lack of access, unavailable services, other trades, unsafe conditions or Customer delay may be charged where BPS has attended or committed resources.
3. After-hours, urgent, public-holiday and specialist work may attract different rates where disclosed before work begins, or as soon as reasonably practicable in an emergency.
4. Supplier price increases, shortages or substitutions occurring after a quotation may justify a price adjustment only where the quotation permits it or the Customer agrees to a variation. BPS will act reasonably and provide supporting information on request.

4. Variations and unforeseen conditions

1. A variation includes a change to scope, quantity, quality, sequence, access, timing, materials or method, as well as additional work required because site conditions or existing services differ materially from what could reasonably have been identified before work started.
2. BPS will describe the proposed variation and its price or pricing method and obtain approval before proceeding where reasonably practicable. Approval may be by signed document, email, text message, job-management approval or clear verbal instruction recorded by BPS.
3. If immediate work is reasonably necessary to make the Site safe, prevent material property damage, restore an essential service, or comply with a regulator's direction, BPS may carry out that work within any authority already given and will notify the Customer as soon as practicable.
4. Variations are valued using an agreed price or, if none is agreed, BPS's applicable time-and-material rates plus materials, plant, subcontractors and other reasonable costs. A variation may also extend the completion time.
5. Common unforeseen conditions include concealed leaks or corrosion, non-compliant or failed existing work, inaccessible services, incorrectly located drains or utilities, ground instability, rock, groundwater, roots, contamination, undocumented pipes, and structural or weather-tightness issues.

5. Customer responsibilities

1. The Customer warrants that it owns the Site or has authority from the owner to engage BPS and authorise the Works.
2. The Customer must provide safe and timely access, accurate information, available water and electricity where reasonably required, clear work areas, secure pets, and notify BPS of known hazards, asbestos, contamination, fragile surfaces, alarms, tenants, site rules and underground or concealed services.
3. Unless BPS has expressly agreed otherwise, the Customer is responsible for obtaining owner, body corporate, landlord, neighbour, easement and other private approvals. Responsibility for building consents, resource consents and inspections will be as stated in the quotation.
4. The Customer must protect BPS's completed work from damage by others and ensure other trades do not alter or conceal work before required inspections or testing.
5. The Customer must nominate a representative authorised to make timely decisions. BPS may rely on that person's instructions unless advised otherwise in writing.

6. Programme, access and delays

1. Dates are good-faith estimates unless expressly stated to be fixed. BPS will use reasonable efforts to meet agreed dates but may adjust the programme for variations, supplier delays, weather, inspection availability, other trades, emergencies, illness, unsafe conditions or events beyond reasonable control.
2. BPS may suspend work if the Site is unsafe, access is unavailable, information or approvals are missing, an invoice is overdue, or continuing would breach law or good trade practice. BPS will give reasonable notice where practicable and explain what is required to resume.
3. Reasonable demobilisation, remobilisation, storage and delay costs caused by the Customer or persons under the Customer's control may be charged, provided BPS takes reasonable steps to minimise them.

7. Materials, fixtures and Customer-supplied goods

1. BPS will use materials suitable for the agreed purpose and, for residential building work, new materials unless the contract states otherwise. Equivalent compliant products may be proposed if specified products are unavailable, but substitution requires Customer approval where it changes appearance, performance or price.
2. Manufacturer warranties apply on their terms. BPS will reasonably assist the Customer with a valid warranty claim for goods supplied by BPS, but is not responsible for a manufacturer's independent acts or insolvency.
3. For Customer-supplied goods, the Customer is responsible for selection, completeness, condition, dimensions, compatibility, delivery and manufacturer warranty. BPS may decline to install goods that are unsafe, non-compliant or unsuitable. Extra labour, return visits or alterations caused by those goods are chargeable unless caused by BPS.
4. Risk in goods passes when delivered to the Site or collected by the Customer. The Customer must keep them safe and insured. Title to unfixed goods supplied by BPS remains with BPS until all amounts relating to those goods are paid, to the extent permitted by law.

8. Plumbing and drainage-specific conditions

1. Drain clearing removes or reduces the immediate obstruction; it does not guarantee that a blockage will not recur. Recurrence may result from roots, damaged or displaced pipes, inadequate grade, grease, foreign objects, insufficient capacity or other defects outside the clearing work.
2. CCTV inspection, locating, root cutting, high-pressure jetting, excavation, repair, relining and written reporting are separate services unless expressly included. Images and locations are indicative and may be affected by access, pipe condition, water, debris, depth, signal interference and equipment limitations.
3. BPS will exercise reasonable care, but older, corroded, brittle, damaged or non-compliant pipes, valves, fixtures and connections may fail during reasonable testing, isolation, clearing or repair. A failure caused by the pre-existing condition is not defective BPS workmanship; associated repair is a variation unless BPS caused the damage by failing to exercise reasonable care and skill.
4. Excavation prices assume ordinary ground conditions and reasonably accurate service information. Hand digging, potholing, vacuum excavation, shoring, dewatering, rock breaking, contaminated-soil handling, service repairs and imported backfill are additional unless included.
5. Reinstatement is limited to what the quotation states. Where exact matching materials are unavailable, BPS will use a reasonably suitable match, but colour, texture and ageing differences may remain.

9. Health, safety and environmental matters

1. Each party must comply with its duties under applicable health and safety law and cooperate on site risks. BPS controls how its own work is performed and may exclude people from the immediate work area.
2. BPS may stop or refuse work where asbestos, contamination, unstable excavation, aggressive behaviour, uncontrolled animals, unsafe electrical conditions or another serious hazard is present. Assessment, specialist removal and resulting delay are the Customer's responsibility unless included in the scope.
3. The Customer must not use, connect, cover or interfere with incomplete work unless BPS confirms it is safe to do so.

10. Invoicing and payment

1. BPS may invoice on completion, by agreed milestones, monthly, for stored or specially ordered materials, or on suspension or termination. Service and maintenance work may be invoiced after each attendance.
2. Invoices are due within 7 calendar days unless the quotation or invoice states another due date. Payment must be made without set-off or deduction except where required by law. A genuine dispute does not excuse payment of the undisputed portion.
3. BPS may issue payment claims under the Construction Contracts Act 2002 where it applies. Nothing in these Terms limits either party's rights or obligations under that Act.
4. If an amount remains overdue after the due date, BPS may charge interest at 1.5% per month calculated daily and recover reasonable costs actually incurred in collecting the debt, including collection-agency and legal costs, to the extent permitted by law. BPS will not impose an amount that is an unlawful penalty.
5. BPS may, after reasonable written notice, suspend further work or decline new work while an account is overdue. Suspension does not remove the Customer's obligation to pay for work properly completed or costs reasonably incurred.
6. Payments may be applied to the oldest overdue invoice first unless the parties agree otherwise. A payment arrangement must be agreed in writing and does not waive BPS's rights if it is not followed.

11. Security for business Customers

1. This clause applies only where the Customer acquires the Works in trade. The Customer grants BPS a security interest under the Personal Property Securities Act 1999 in goods supplied by BPS and their proceeds, until all amounts owing for those goods are paid.
2. The Customer will provide information and sign documents reasonably required to register or maintain that security interest. BPS will not register a financing statement against a consumer Customer under this clause.
3. To the extent permitted by law and while goods remain unfixed and identifiable, BPS may recover unpaid goods after giving reasonable notice. BPS will not enter residential premises without lawful authority or remove goods where removal would cause unreasonable damage.

12. Completion, defects and warranties

1. BPS will perform the Works with reasonable care and skill, using appropriately licensed or supervised personnel where required, and in accordance with applicable law and the agreed scope.
2. The Customer must notify BPS promptly after discovering a suspected defect and provide reasonable access to inspect and, where BPS is responsible, remedy it. Except in an urgent situation where immediate action is reasonably necessary, the Customer should not engage another contractor to alter the work before BPS has had a reasonable opportunity to respond.
3. BPS is not responsible for fair wear and tear, lack of maintenance, misuse, unauthorised alteration, work by others, Customer-supplied goods, manufacturer's defects, pre-existing conditions, movement or failure of the building or ground, water-quality effects, or a blockage or defect outside BPS's agreed scope.
4. Any contractual workmanship assurance is additional to, and does not replace or shorten, statutory guarantees, implied warranties or defect-remedy obligations. Residential building work may carry Building Act implied warranties and a statutory defect repair period.
5. Where the Master Plumbers Guarantee applies, it is subject to the scheme's eligibility, application, acceptance and terms. BPS does not represent that every job is automatically covered.

13. Liability and insurance

1. Nothing in this clause limits liability that cannot lawfully be limited, including liability under applicable consumer law.
2. BPS is responsible for reasonably foreseeable direct loss caused by its breach of contract, negligence or failure to exercise reasonable care and skill, subject to the exclusions and limits permitted by law.
3. Where the Customer acquires the Works in trade and it is fair and reasonable to contract out, BPS is not liable for indirect or consequential loss, loss of profit, revenue, production, opportunity or data. BPS's aggregate liability arising from a job is limited to the greater of the price paid for that job and the amount actually recoverable under BPS's relevant liability insurance, except for fraud, wilful misconduct or liability that cannot be limited.
4. The Customer must take reasonable steps to prevent or minimise loss, including isolating water and contacting BPS promptly when a leak, overflow, alarm or other issue is discovered.

14. Consumer and business-to-business application

1. For Consumers, the Consumer Guarantees Act 1993, Fair Trading Act 1986 and other mandatory protections apply. These Terms must be read subject to those protections.
2. If the Customer acquires the Works in trade, the parties agree, to the maximum extent permitted and where fair and reasonable, to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. This clause does not apply to a Consumer transaction.
3. No exclusion or limitation applies beyond what is permitted by law. If a clause is inconsistent with a mandatory right, the mandatory right prevails and the rest of these Terms continues.

15. Cancellation and termination

1. The Customer may cancel before work starts by giving reasonable notice. The Customer must pay reasonable costs already incurred or committed specifically for the job, including non-returnable goods, supplier cancellation or restocking charges, completed design or investigation, and reserved labour where the loss could not reasonably be avoided.
2. If a scheduled service visit is cancelled or access is unavailable with less than one Business Day's notice, BPS may charge the disclosed minimum or call-out charge, but only to reflect the reasonable loss caused by the late cancellation.
3. Either party may terminate for a material breach not remedied within a reasonable period after written notice. Immediate termination is permitted for insolvency, serious safety risk, violence or threats, unlawful instructions, or a breach incapable of remedy.
4. On termination, the Customer must pay for Works properly completed, goods ordered or supplied, and reasonable demobilisation and cancellation costs. BPS will hand over paid-for project information and leave the Site reasonably safe.

16. Disputes

1. A party raising a dispute should give written details promptly. Senior representatives will first meet or speak in good faith to try to resolve it, while the Customer pays any undisputed amount by the due date.
2. If unresolved, either party may propose mediation. Where the Construction Contracts Act 2002 applies, either party may use adjudication. Consumers may also use the Disputes Tribunal or other available statutory process. Nothing in this clause prevents urgent court relief or use of a statutory remedy.
3. New Zealand law governs the contract. Subject to any statutory forum rights, the New Zealand courts have jurisdiction.

17. Privacy, records and communications

1. BPS may collect and use information reasonably needed to quote, schedule and perform work, verify identity or creditworthiness, invoice, recover debts, meet legal obligations and maintain service records. Information may be shared for those purposes with employees, subcontractors, suppliers, professional advisers, insurers, credit reporters or debt-recovery providers as permitted by the Privacy Act 2020.
2. The Customer may request access to and correction of personal information held by BPS by contacting russ@bayplumbingservices.co.nz.
3. BPS may take site photographs, video, CCTV footage, measurements and test records for job delivery, compliance, evidence and internal training. Identifiable marketing use requires the Customer's consent.
4. Notices and approvals may be sent by email, text message or the job-management system to the contact details supplied. A party must promptly advise changes to those details.

18. General

1. BPS may use suitably qualified employees and subcontractors and remains responsible for the performance of its contractual obligations.
2. Neither party may assign the contract without the other's consent, not to be unreasonably withheld, except BPS may assign an unpaid debt to a collection provider after it becomes due.
3. A waiver is effective only for the particular occasion and does not waive later rights. If a clause is invalid or unenforceable, it is modified to the minimum extent necessary or severed, and the remaining clauses continue.
4. These Terms may be updated for future work. The version supplied with or incorporated into a particular quotation or instruction applies to that contract; changes will not be imposed retrospectively without agreement.
5. The quotation, these Terms and approved variations record the agreement about the Works, subject to representations and rights that cannot lawfully be excluded.

Accepting a quotation

Acceptance may be recorded by a signed acceptance form, or by email, text message, job-management approval, payment of a deposit or an instruction to proceed, as set out in clause 1.

Bay Plumbing Services Limited  |  NZBN 9429042191209  |  027 664 6660  |  Version 1.0, 18 September 2026