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Client TERMS OF SERVICE – Martin Plumbing Limited

Plumbing and Gas Services

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Terms & Conditions of Trade – Martin Plumbing Limited

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Definitions
“Martin Plumbing Limited” shall mean Martin Plumbing, or any agents or employees thereof.
“Customer” shall mean the customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and/or services from Martin Plumbing Limited.
“Products and Services” shall mean all products, services, goods, and advice provided by Martin Plumbing Limited to the Customer and shall include, without limitation, all plumbing and gas services, gas fitting, installation, maintenance, repair services, and the supply of associated products, along with all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by Martin Plumbing Limited to the Customer.

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Acceptance

Any instructions received by Martin Plumbing Limited from the Customer for the supply of Products and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

Price

Where no price is stated in writing or agreed to orally, the Products and Services shall be deemed to be sold at the current amount as such Products and Services are sold by Martin Plumbing Limited at the time of the contract.
The price may be increased by the amount of any reasonable increase in the cost of supply of the Products and Services that is beyond the control of Martin Plumbing Limited between the date of the contract and delivery of the Products and Services.

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Quotation

Where a quotation has been given for work to be performed, that quotation remains valid for 30 days. We may withdraw that quotation at any time before acceptance.

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Payment

Payment of the claimed amount is due and payable by the Customer 7 days after receipt of our invoice, unless prior arrangement has been made as noted on invoices.
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 the invoice.
If you disagree for any reason with the claimed amount, you will respond to us in writing before the payment is due.
Overdue payments shall attract a late payment penalty, and any expenses incurred by Martin Plumbing Limited in recovering this debt shall be added to the Customer’s account.

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Ownership

The Customer gives Martin Plumbing Limited a security interest in all of the Customer’s present and after-acquired property that Martin Plumbing Limited has performed services on or to, or in which goods or materials supplied or financed by Martin Plumbing Limited have been attached or incorporated.

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Risk

All goods and materials are at the Customer's risk while on the Customer's premises or premises under their control. Any loss arising from theft, destruction, or damage from whatever cause shall be held by the Customer.

 

Variations

Once our quotation/offer has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed upon in writing by both parties.
In the event of a variation being required, the work may be paused until an agreement on the variation and the associated cost is reached and confirmed in writing. The Customer will be notified immediately if a variation is necessary, and the work will not resume until the agreed variation is acknowledged and signed off by both parties.

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Progress Payments

For ongoing work, Martin Plumbing Limited reserves the right to issue weekly progress invoices based on work completed to date. These invoices are payable within 7 days of receipt, and any outstanding balances may incur a late payment fee as outlined in our payment terms.

 

Installation

The Customer shall give Martin Plumbing Limited access to the site and provide proper facilities for carrying out the work, including the use of any existing goods or passenger lifts, cranes, hoists, and builder’s scaffolding.
Unless specified otherwise, the contract does not include any structural or other alteration to any part of the building.
Access and facilities shall be provided within a reasonable time after acceptance of this contract or at a date notified by the Customer and agreed upon by Martin Plumbing Limited in writing.
The Customer shall inform Martin Plumbing Limited of any hazards in the workplace to which they may be exposed while working on the Customer’s premises.

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Time to Complete

Martin Plumbing Limited will complete the work within a reasonable time and will endeavour to meet any target date the Customer makes known to us.
Martin Plumbing Limited shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
Should it be necessary to work outside ordinary working hours to meet the completion target or due to any other circumstances outside our control, the Customer shall be liable for any extra cost incurred.

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Consents

The Customer is responsible for obtaining any consent or other authority necessary for the work, and will provide that to Martin Plumbing Limited on request.

 

Warranty

Manufacturer’s warranty applies where applicable.
All work performed by Martin Plumbing Limited is guaranteed against defects in materials and workmanship for a period of [specify time] from the completion of the work. This warranty does not cover damage caused by external factors, neglect, or misuse.

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Plans and Specifications

Martin Plumbing Limited 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.
We shall bear no responsibility for any goods supplied in compliance with those plans and specifications.

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Health and Safety Compliance

Martin Plumbing Limited will adhere to all relevant Health and Safety laws, including those set out by the Health and Safety at Work Act 2015. The Customer shall ensure that the site is safe for Martin Plumbing Limited’s workers to carry out the work. Any unsafe conditions will be addressed immediately, and work may be halted until the hazard is mitigated.
It is the responsibility of the Customer to inform Martin Plumbing Limited of any existing hazards on the worksite that may pose a risk to health and safety.

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Limitation of Liability

Martin Plumbing Limited’s liability for any claim in relation to this agreement is limited to the value of the Products and Services provided. Under no circumstances will Martin Plumbing Limited be liable for indirect, consequential, or punitive damages resulting from any work performed or services provided.

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Force Majeure

Neither party shall be held liable for any failure to perform its obligations if the failure is caused by circumstances beyond their reasonable control, including but not limited to strikes, fires, floods, or other natural disasters, war, or government action.
In the event of such circumstances, the affected party shall notify the other party promptly and make all reasonable efforts to mitigate any delays or disruptions.

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Dispute Resolution

In the event of a dispute arising from this contract, both parties agree to first attempt to resolve the matter through negotiation. If the dispute cannot be resolved within [X] days, the parties agree to submit to mediation or, if unsuccessful, arbitration under the rules of the New Zealand

Dispute Resolution Centre.

 

Intellectual Property

All intellectual property, including but not limited to designs, materials, plans, and any work produced by Martin Plumbing Limited for the Customer, remains the property of Martin Plumbing Limited unless otherwise agreed in writing. The Customer may not reproduce, use, or distribute any work without the express written consent of Martin Plumbing Limited.

 

Indemnity

The Customer agrees to indemnify and hold harmless Martin Plumbing Limited, its employees, and agents from any claims, damages, losses, or expenses arising out of the Customer’s failure to comply with safety requirements, provide accurate information, or otherwise cause damage or loss.

Insurance

Both parties shall maintain adequate insurance coverage to protect against damage, injury, or loss arising from the performance of this agreement. Martin Plumbing Limited shall maintain public liability insurance and workers’ compensation coverage as required by law.

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Customer Responsibilities

The Customer is responsible for ensuring that the worksite is accessible, safe, and complies with all relevant laws, regulations, and safety standards. Any delays caused by the Customer’s failure to fulfill these responsibilities may result in additional charges.

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Termination

Either party may terminate this agreement by providing [X] days written notice to the other party. If the Customer terminates the agreement before the completion of work, the Customer agrees to pay for work completed up to the point of termination, as well as any costs incurred by Martin Plumbing Limited as a result of the termination.

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Cancellation

The Customer may cancel the contract at any time before work commences, but cancellation fees may apply if materials or services have already been procured or work has already begun.

Severability

If any provision of these terms and conditions is deemed invalid or unenforceable by a court of law, the remainder of the agreement shall continue in full force and effect.

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Transfer of Business and Liability Disclaimer

Martin Plumbing Limited is a new entity formed to continue the plumbing and gas services previously provided by Martin Plumbing and Gas Services. While the business structure has changed, Martin Plumbing Limited retains key members from the previous team to ensure continuity in service and expertise.

As a new entity with a new owner, Martin Plumbing Limited operates independently and assumes responsibility solely for services rendered under its own terms and conditions. The Customer acknowledges that any previous agreements or obligations associated with Martin Plumbing and Gas Services are distinct from those of Martin Plumbing Limited and are not the responsibility of the new company.

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Miscellaneous

The Construction Contracts Act 2002 applies where applicable.
The Customer agrees that any dispute relating to this agreement will first be attempted to be resolved through negotiation or mediation before proceeding to formal legal action.
This contract is governed by the laws of New Zealand.

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Martin Plumbing Limited 2025.