The term ‘EaglePlumbing‘ or ‘us’ or ‘we’ refers to the owner of the website. Our company is Registered in New Zealand and is governed by these laws. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
“Eagle Plumbing” shall mean Eagle Plumbing Limited or any agents or employees thereof.
“Customer” shall mean the customer (or any person acting on behalf of and with the authority of the customer) as described on any quotation or such like.
“Goods” means all products and materials supplied by Eagle Plumbing to the Customer at any time and includes goods described on any invoice, quotation or such like provided to the Customer.
“Services” shall mean all services supplied by Eagle Plumbing to the Customer.
“Price” shall mean the price payable for the provision Of Goods and Services as agreed between Eagle Plumbing and the Customer.
2.1 Any instructions received by Eagle Plumbing from a Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3.1 Where a quotation has been provided by Eagle Plumbing that quotation remains valid for prior to commencement of work. The quotation may be withdrawn at any time before acceptance.
3.2 All quotations are based on costs and charges ruling at the date of the quotation. Any changes in costs arising from sources beyond the control of Eagle Plumbing (for example, changes in prices charged by suppliers) shall be borne by the Customer.
3.3 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
4.1 The price shall be as indicated on an invoice provided by Eagle Plumbing to the Customer, or as quoted in accordance with clause 3.
4.2 Eagle Plumbing reserves the right to change the Price in the event of a variation to the quotation. Any variation from the plan of scheduled works or specifications will be charged for and shown as a variation on the invoice.
4.3 Payment of the claimed amount is due and payable for domestic Customers no later t an 7 working days after receipt of our invoice, and for commercial Customers no later than the 20th of the month following supply.
4.4 Where work is undertaken over a period exceeding one month, invoices may be issued for progress payments covering work done and costs incurred up to the date of invoice. Such payment claims may include the reasonable value of authorised variations and the value of materials delivered to the site but not yet installed.
4.5 If the Customer disagrees for any reason with the claimed amount, the Customer must respond to Eagle Plumbing in writing before payment is due. Overdue payments shall attract interest at the rate of 2.5% per month and will be calculated on a daily basis until payment is made in full. Any expenses Incurred by Eagle Plumbing in recovering this debt will be added to the Customer’s account, including any solicitor’s fees or debt collection agency fees.
5.1 All risk for the Goods passes to the Customer on delivery. If any loss arises from theft, destruction or damage from whatever cause following delivery but prior to ownership passing to the Customer, then Eagle Plumbing IS entitled to receive all insurance proceeds payable for the Goods.
5.2 Ownership in the Goods shall not pass from Eagle Plumbing to the Customer until the Goods have been paid for in full. Receipt by Eagle Plumbing of any form of payment other than cash shall not constitute payment until that form of payment has been honoured, cleared or recognised and until then Eagle Plumbing’s ownership rights in the Goods shall continue.
5.3 It agreed between Eagle Plumbing and the Customer that:
5.4 Where practicable the Goods shall be kept separate and identifiable until payment is received;
5.5 Until such time as ownership of the Goods shall pass to the Customer, Eagle Plumbing may give notice in writing to the Customer to return the Goods. upon such notice being given the rights of the Customer to obtain ownership of the Goods shall cease;
5.6 The Customer is only a bailee of the Goods and until such time as Eagle Plumbing has received payment in full tor the Goods and the Customer shall hold any proceeds from the sale Of the Goods on trust for Eagle Plumbing;
5.7 Until such time as Ownership of the Goods shall pass to the Customer, if the Goods are converted into other products, the parties agree that Eagle Plumbing shall be the owner of the end products; and
5.8 If the Customer fails to return the Goods then Eagle Plumbing may enter upon the land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods and Eagle Plumbing will not be held liable for any reasonable loss or damage suffered as a result of any action Of Eagle Plumbing under this clause.
6.1 upon assenting to these Terms of Trade the Customer agrees that these terms constitute a security agreement for the purposes of the PPSA and that a security interest is taken in all Goods previously supplied by Eagle Plumbing to the Customer (if any) and all Goods that will be supplied in the future.
6.2 The Customer agrees 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 Eagle Plumbing may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, Eagle Plumbing for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of Eagle Plumbing; and
(d) immediately advise Eagle Plumbing 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.
6.3 Eagle Plumbing and the Customer agree that nothing in sections 133 and 134 of the PPSA shall apply to these terms and conditions.
6.4 The Customer waives its ri hts as a debtor under sections 116, 128(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA
6.5 Unless otherwise agreed to in writing by Eagle Plumbing, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
6.6 The Customer shall unconditionally ratify any actions taken bv Eagle Plumbing under clauses 6.1 to 6.5.
7.1 Subject to the conditions of warranty set out in clause 7.2, Eagle Plumbing warrants that if any detect in any workmanship of Eagle Plumbing becomes apparent and is reported to Eagle Plumbing within 12 months of the date of delivery then Eagle Plumbing with either (at Eagle Plumbing’s sole discretion) replace or remedy the workmanship.
7.2 The conditions applicable to the warranty provided in clause 7.1 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through failure on the part of the Customer to properly maintain any Goods, to follow any instructions or guidelines given by Eagle Plumbing, use of the Goods otherwise than any application specified on a quote or such like, the continued use of the Goods after any defect becomes apparent or from wear and tear or any accident;
(b) The warranty shall cease and Eagle Plumbing shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired or altered without Eagle Plumbing’s consent;
(c) In respect of all claims Eagle Plumbing shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship.
7.3 For Goods not manufactured by Eagle Plumbing, the warranty shall be the current warranty provided by the manufacturer of the Goods.
7.4 In the case of second hand Goods, the Customer acknowledges that he had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by Eagle Plumbing as to the quality or suitability Tor purpose and any implied warranty is expressly excluded.
8.1 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 by Eagle Plumbing to the Customer.
9.1 Eagle Plumbing may cancel any contract to which these terms of trade apply by giving written notice to the Customer. On giving of such notice Eagle Plumbing shall repay to the Customer any amount paid in respect of the Price. Eagle Plumbing shall not be liable for any loss or damage arising from such cancellation.
9.2 In the event that the Customer cancels delivery of the Goods the Customer shall be liable for any loss incurred by Eagle Plumbing (including but not limited to loss of profits) up to the time of cancellation.
10.1 The Customer authorises Eagle Plumbing to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract or marketing any Goods and Services provided by Eagle Plumbing to the Customer.
10.2 The Customer authorises Eagle Plumbing to disclose any information obtained to any person for the purposes set out in clause 10.1.
10.3 Where the Customer is a natural person the authorities under clauses 10.1 and 10.2 are authorities or consents for the purpose of the Privacy Act 1993.
11.1 Eagle Plumbing’s liability shall be limited to the value of the Goods supplied.
11.2 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations on Eagle Plumbing which cannot by law be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Eagle Plumbing, Eagle Plumbing’s liability shall, where it is allowed, be excluded or only apply to the minimal extent required by the relevant statute.
11.3 Except as otherwise provided, Eagle Plumbing shall not be liable for any loss or damage of any kind whatsoever arising from the provision of Goods and Services to the Customer consequential loss suffered or incurred by the Customer or another person whether in contract or tort (including negligence) or otherwise and irrespective or whether such loss arises directly or indirectly from Goods and Services provided to Eagle Plumbing to the Customer.
11.4 The Customer shall indemnify Eagle Plumbing against all claims and loss of any kind whatsoever however caused or arising as a result of the negligence of Eagle Plumbing or otherwise, brought by any person in connection with any matter, act, omission or error by Eagle Plumbing in connection with the Goods and Services.
12.1 In the event Of a dispute arising between Eagle Plumbing and the Customer, such dispute shall in the first instance be referred to mediation for resolution.
12.2 In the event that a resolution cannot be reached at mediation within 30 days of referral to mediation, either party may take legal action to resolve the dispute. 12.3 Nothing in this clause prevents Eagle Plumbing from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
13.1 The Customer shall be solely responsible for obtaining any necessary consent under and for compliance with all legislation, regulation or rules having the force of law in connection with the installation operation and provision of the Goods and Services.
13.2 Eagle Plumbing shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by the Customer. Eagle Plumbing shall bear no responsibility for any goods supplied in compliance with those plans and specifications.
13.3 Neither Eagle Plumbing nor the Customer will be liable to the other for any breach of this Agreement by any extraordinary occurrences which are beyond the reasonable control of the party in question.
13.4 The Construction Contracts Act 2002 applies where applicable.
13.5 These Terms Of Trade constitute the entire agreement and supersedes and extinguishes all prior agreements between Eagle Plumbing and the Customer.
13.6 These Terms of Trade will be interpreted in accordance with and governed by the laws of New Zealand and Phe New Zealand Courts will have exclusive jurisdiction in relation to any dispute.