Aries Builders Ltd. - Payment Terms and Conditions



Aries Builders Ltd – Terms & Conditions


1. Acceptance of Terms

Acceptance of any quotation, estimate, scope of work, charge-up arrangement, booking confirmation, verbal instruction to proceed, email approval, text message approval, or commencement of works constitutes acceptance of these Terms & Conditions.

These Terms & Conditions apply to all works carried out by Aries Builders Ltd unless otherwise agreed in writing.


2. Payment Terms

Projects Under $30,000

Unless otherwise agreed in writing:

  • Full payment is due within seven (7) days from the invoice date.
  • Aries Builders Ltd reserves the right to request a deposit prior to commencement of works.
  • Deposits may be required to cover materials, specialist products, equipment hire, subcontractors, or scheduling commitments.


Projects Over $30,000

For larger projects, progress payments, staged invoicing, or Payment Claims may be issued throughout the project duration.

Failure to make payment by the due date may result in:

  • suspension of works,
  • withholding of further scheduling,
  • delays to project completion,
  • recovery action,
  • legal proceedings under the Construction Contracts Act 2002.


3. Charge-Up / Cost-Plus Works

Where work is undertaken on a charge-up, maintenance, investigative, emergency repair, open-ended, or cost-plus basis, the client acknowledges and agrees to the following:

A charge-up arrangement means the client is charged for the actual labour, materials, subcontractors, project management, travel, and related costs incurred during the works, plus the applicable builder’s margin.

This type of arrangement is commonly used for:

  • maintenance and repair work,
  • leak investigations,
  • water damage and insurance repairs,
  • demolition and exploratory work,
  • renovations, and renovations involving older homes,
  • projects where hidden damage or unknown conditions may exist,
  • works where the full extent of repairs cannot reasonably be determined before commencement.


Labour Charges

Chargeable labour may include:

  • on-site labour,
  • travel time,
  • material collection,
  • organising and coordinating subcontractors,
  • project management,
  • administration directly related to the project,
  • health and safety compliance,
  • waste removal and disposal,
  • sourcing materials and specialist products,
  • investigative and exploratory works.

Labour is charged based on actual time spent carrying out the works.


Materials & Subcontractors

Materials, equipment hire, subcontractors, disposal costs, consumables, freight, and supplier-related charges will be invoiced at cost plus the applicable builder’s margin unless otherwise agreed in writing.

Material pricing may vary due to supplier increases, availability issues, freight costs, shortages, or product substitutions required during construction.



Progressive Invoicing

Aries Builders Ltd may issue invoices or Payment Claims progressively as works advance, including weekly, fortnightly, staged, or completion-based invoicing.

For smaller jobs or works carried out in good faith, Aries Builders Ltd may issue a single invoice or Payment Claim upon completion.

Aries Builders Ltd does not act as a financier or bank for projects and reserves the right to suspend works where accounts become overdue.


4. Variations, Hidden Damage & Additional Works

The client acknowledges that renovation, repair, maintenance, and investigative works may uncover hidden defects or additional works not visible at the time of pricing or commencement.

This may include:

  • water damage,
  • rotten framing or cladding,
  • structural movement,
  • unsafe building practices,
  • non-compliant work,
  • asbestos-related risks,
  • electrical or plumbing defects,
  • concealed deterioration.


Where additional works are required:

  • Aries Builders Ltd may carry out urgent or necessary work required to make the property safe, watertight, compliant, or structurally sound,
  • additional costs will be chargeable,
  • approvals may be provided verbally, by text message, email, onsite discussion, or conduct indicating approval to proceed.


Failure to formally document every variation before work proceeds does not remove the client’s obligation to pay for labour, materials, subcontractors, or work completed.


5. Estimates & Budget Allowances


Any estimate, allowance, indication, or projected cost provided by Aries Builders Ltd is an estimate only and not a fixed-price quotation unless expressly stated in writing.

The final cost of works may increase or decrease depending on:

  • hidden conditions,
  • actual labour time,
  • material quantities,
  • client changes,
  • supplier pricing,
  • subcontractor requirements,
  • weather conditions,
  • council requirements,
  • delays outside the builder’s control.


6. Payment Claims & Construction Contracts Act

Invoices issued by Aries Builders Ltd may constitute Payment Claims under the Construction Contracts Act 2002.

Failure to respond to a Payment Claim within the required timeframe may result in the amount becoming recoverable as a statutory debt.

The client acknowledges that disputes relating to part of the works do not entitle the client to withhold payment for completed labour, supplied materials, subcontractor costs, or completed portions of the project.


7. Interest, Debt Recovery & Legal Costs

Overdue accounts may incur:

  • interest charges,
  • administration fees,
  • debt collection costs,
  • solicitor fees,
  • court costs,
  • adjudication costs,
  • recovery expenses.


The client agrees to indemnify Aries Builders Ltd for all reasonable costs incurred recovering overdue amounts.


8. Suspension of Works

Aries Builders Ltd reserves the right to suspend, delay, or cancel works where:

  • invoices remain unpaid,
  • progress payments are overdue,
  • site access is restricted,
  • unsafe conditions exist,
  • the client causes unreasonable delays,
  • materials or selections are not provided on time.


Any resulting delays, remobilisation costs, or additional expenses may be chargeable.


9. Client-Supplied Materials

Aries Builders Ltd accepts no responsibility for:

  • defects in client-supplied materials,
  • incorrect quantities,
  • delays caused by supplier issues,
  • compatibility issues,
  • product failures,
  • warranty limitations associated with client-supplied products.


Any labour required to rectify issues arising from client-supplied materials will be chargeable.


10. Site Access, Storage & Delays

The client is responsible for providing safe and reasonable access to the property during the project.

Delays caused by:

  • restricted access,
  • occupied work areas,
  • vehicles,
  • pets,
  • storage limitations,
  • neighbour restrictions,
  • client delays,
  • unavailable materials,
  • third-party contractors,
    may result in additional costs or delays to completion.


Aries Builders Ltd accepts no responsibility for delays outside its reasonable control.


11. Weather & Unforeseen Delays

Construction schedules may be affected by:

  • weather conditions,
  • supplier shortages,
  • subcontractor availability,
  • hidden building defects,
  • council processing,
  • health and safety requirements,
  • site conditions outside reasonable control.


Estimated completion dates are indicative only and are not guaranteed completion deadlines unless expressly agreed in writing.


12. Photography & Documentation

Aries Builders Ltd reserves the right to photograph, document, and record works before, during, and after construction for:

  • project documentation,
  • quality control,
  • insurance records,
  • supplier or subcontractor coordination,
  • dispute resolution,
  • marketing purposes.

Client details, addresses, and sensitive information will not intentionally be disclosed publicly without consent.


13. Limitation of Liability

To the maximum extent permitted by law:

  • Aries Builders Ltd shall not be liable for indirect, consequential, or incidental losses,
  • liability is limited to the value of the works carried out by Aries Builders Ltd,
  • Aries Builders Ltd is not responsible for pre-existing defects, hidden conditions, or failures outside the scope of contracted works.

The client acknowledges that renovation and repair work on existing buildings carries inherent risks due to concealed construction methods, ageing materials, and unknown site conditions.


14. Ownership of Materials

Ownership of materials supplied by Aries Builders Ltd remains with Aries Builders Ltd until full payment has been received.

Aries Builders Ltd reserves the right to recover unpaid materials where legally permitted.

15. Communication & Instructions


The client acknowledges that communication and approvals may occur:

  • verbally,
  • onsite,
  • by phone,
  • email,
  • text message,
  • messaging applications,
  • or other electronic communication methods.


Aries Builders Ltd may reasonably rely on these communications as instructions or approval to proceed.


16. Warranty & Defects

Aries Builders Ltd will rectify workmanship defects notified within a reasonable period where the defect is directly related to work carried out by Aries Builders Ltd.


This does not include:

  • normal building movement,
  • wear and tear,
  • lack of maintenance,
  • product failures outside builder control,
  • client-supplied materials,
  • damage caused by others,
  • unrelated building defects.


17. Disputes

Both parties agree to attempt to resolve disputes reasonably and in good faith before commencing legal proceedings.

The existence of a dispute does not remove the client’s obligation to pay for completed works, supplied materials, subcontractor costs, or undisputed portions of invoices or Payment Claims.


18. Amendments to Terms & Conditions

Aries Builders Ltd reserves the right to amend, update, or modify these Terms & Conditions at any time without prior notice.

The Terms & Conditions current at the time of acceptance of works, commencement of works, or issue of invoices shall apply unless otherwise agreed in writing.

Clients are encouraged to review the latest Terms & Conditions available on the Aries Builders Ltd website.


19. Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of New Zealand.

Any disputes shall fall under the jurisdiction of the New Zealand courts.



Residential Building Work – Implied Warranties




All residential building work carried out by Aries Builders Limited is subject to the implied warranties contained within the Building Act 2004.

These implied warranties apply automatically to residential building work in New Zealand, whether or not they are specifically written into the contract or agreement.


Building Act Implied Warranties

Under the Building Act 2004, Aries Builders Limited warrants that residential building work will:

  • be carried out properly and competently, and in accordance with the plans and specifications set out in the contract,
  • comply with the Building Code and all applicable laws,
  • be completed using suitable materials that are fit for purpose (unless otherwise stated),
  • be completed with reasonable care and skill,
  • be completed within the timeframe agreed, or within a reasonable time where no timeframe is specified,
  • result in a home that is suitable for occupation on completion where applicable.

These implied warranties remain in place for a period of ten (10) years from the date of completion of the residential building work, as provided under the Building Act 2004.


12-Month Defects Repair Period

In accordance with the Building Act 2004, clients may notify Aries Builders Limited of any alleged defects in the building work within twelve (12) months of completion.

Where required under the Building Act, Aries Builders Limited will remedy defects that arise from workmanship carried out by Aries Builders Limited within this period.

This does not include:

  • damage caused by third parties,
  • lack of maintenance,
  • normal wear and tear,
  • movement or settlement outside builder control,
  • client-supplied materials,
  • defects arising from existing building conditions outside the contracted scope of work,
  • damage caused by misuse, water ingress from unrelated areas, extreme weather events, or failure of existing building components.


Manufacturer & Product Warranties

Materials, products, appliances, membranes, fixtures, and fittings may also carry individual manufacturer or supplier warranties.

These warranties are separate from the warranties provided by Aries Builders Limited and are subject to the individual manufacturer’s terms, conditions, limitations, and maintenance requirements.

Clients are responsible for complying with any manufacturer maintenance or servicing requirements necessary to maintain those warranties.


Limitation of Liability

To the maximum extent permitted by law, Aries Builders Limited’s liability is limited to the rectification of defects directly related to workmanship carried out by Aries Builders Limited.

Aries Builders Limited shall not be liable for:

  • indirect or consequential losses,
  • pre-existing defects,
  • hidden or unforeseen conditions,
  • failures in existing building elements outside the contracted works,
  • defects caused by other trades, contractors, suppliers, or client actions.


Acknowledgement

By engaging Aries Builders Limited, the client acknowledges and agrees that:

  • the implied warranties under the Building Act 2004 apply to applicable residential building work,
  • these warranties operate alongside the Company’s Terms & Conditions,
  • all other terms relating to payment, variations, disputes, delays, limitation of liability, and recovery of costs remain fully enforceable. 


Commercial & Non-Residential Work

Aries Builders Limited also carries out certain commercial, maintenance, insurance, body corporate, and non-residential building works.

Unless otherwise required by law, the implied warranties contained within the Building Act 2004 relating to residential building work may not apply to commercial or non-residential projects.

For commercial, industrial, maintenance, body corporate, emergency, or non-residential works:

  • the Company’s standard Terms & Conditions remain fully enforceable,
  • workmanship warranties are limited to those expressly stated in writing,
  • manufacturer and supplier warranties apply where relevant,
  • the client remains responsible for maintenance, servicing, and ongoing care of the building and installed products.

Where applicable, commercial works may also be governed by the Construction Contracts Act 2002 and other relevant New Zealand legislation.


Aries Building Limited Emergency Mitigation Measures Terms and Conditions


Emergency Mitigation Measures Clause:

Aries Building Limited acknowledges the potential necessity for emergency mitigation measures in circumstances aimed at averting further property damage or hazards. In such instances, where immediate action is imperative, temporary interventions may include the installation of tarpaulins, sandbags and plywood to fortify windows and cladding, as well as the provision of additional framing supports to reinforce structural integrity. These measures, executed prior to the removal of dangerous debris, broken glass and other building materials. If needed commencing the drying process using water pumps, wet vacs, dehumidifiers, and air movers, are implemented to safeguard against immediate threats. Additionally, in areas necessitating the removal of materials to ensure safety, such as framing or wall linings, Aries Building Limited will promptly undertake such actions. It is understood that the nature of emergency mitigation measures may not ensure the same longevity or permanence as standard repairs. Therefore, the guarantee period for emergency mitigation may differ accordingly. Additionally, Aries Building Limited will not be held liable for any incidental damage incurred during the execution of these measures, given the exigency of the situation.


Nature of Emergency Mitigation: Emergency mitigation is conducted with the primary objective of making the structure safe and preventing additional damage or risks to the property. These measures are temporary in nature and serve as interim solutions until more permanent repairs and reinstatement work can begin after the event.


Scope of Guarantee: While emergency mitigation measures are vital for mitigating immediate threats, it is understood that such measures may not offer the same level of longevity or permanence as regular repairs. Therefore, the guarantee period for emergency mitigation may differ from that of standard maintenance and repair work.


Duration of Emergency Mitigation Measures: Emergency mitigation measures conducted by Aries Building Limited are subject to a duration aligned with the nature of the action taken and the temporary materials or methods employed. The details regarding the duration of these measures will be clearly communicated to the client upon implementation.


Additional Terms and Conditions:

The terms and conditions outlined in our standard contract regarding exclusions, claim procedure, limitation of liability, and governing law remain applicable to emergency mitigation measures.


Clients are advised to communicate any concerns or issues regarding emergency mitigation measures to Aries Building Limited promptly. Failure to do so may impact the Company's ability to rectify any subsequent issues within the guaranteed period.


Acknowledgment:

By engaging Aries Building Limited for emergency mitigation work, clients acknowledge that they have read, understood, and agreed to the terms and conditions outlined herein, including the provisions related to emergency mitigation under the Building Act.



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