Aries Builders Ltd. - Payment Terms and Conditions

Aries Builders Ltd. Payment Terms and Conditions

1. Payment Structure:

For Projects Under $30,000:

Payment Due: Full payment is required within seven days after the invoice date.

Deposits: A deposit to cover material costs may be required for specific projects. This will be clearly communicated and agreed upon before work commences.

For Projects Over $30,000:

Initial Deposit: A deposit of one-third of the total project cost is required upfront to cover material expenses.

Progress Payments: Payments will be scheduled according to agreed-upon milestones throughout the project. Details will be specified in the contract.

Final Payment: The remaining balance is due within 15 days from the issuance of the final invoice.

2. Late Payment Penalties:

Interest on Overdue Payments: Interest will be charged on late payments at a rate of 2% per calendar month. This rate compensates for additional bank overdraft fees and administrative costs incurred by late payments. Interest will compound monthly and accrue daily from the date payment becomes due until full payment is received. In some cases, additional administration costs or paperwork fees may also be applied. These charges are intended to cover the actual costs incurred and are not meant to be punitive.

Administration Fees: An administration fee of $20.00 or 10% of the overdue amount (up to a maximum of $150) will be charged for processing late payments. This fee becomes immediately due and payable.

3. Variations to Scope:

Change Orders: Any changes or additions to the original project scope will be discussed and agreed upon by both parties. Depending on the nature of the change, this agreement can be formalized through a written change order or confirmed verbally on site for minor alterations.

Documentation: While significant changes will be documented for clarity, minor adjustments agreed upon verbally on site will also be honored and reflected in the final billing to ensure transparency and mutual understanding.

4. GST and Other Taxes:

GST and Other Taxes and Duties: GST (Goods and Services Tax) and any other applicable taxes or duties will be added to the Price unless they are expressly included in the Price.

5. Compliance and Fair Practices:

Fair Trading Act Compliance: Our payment terms are designed to comply with the Fair Trading Act, emphasizing fairness and clarity in our business dealings.

6. Right of Cancellation:

Right of Cancellation: Clients have the right to cancel the agreement under certain conditions. Cancellation requests must be made in writing and are subject to the following terms:

A. If the cancellation occurs before the commencement of work, a full refund of any advance payments will be issued, minus any non-refundable expenses incurred.

B. If the cancellation occurs after work has commenced, the client will be responsible for payment for all work completed up to the date of cancellation, including any materials purchased and labor costs.

C. Any specific conditions or fees related to cancellation will be outlined in the agreement.

Dispute Resolution: In case of any disputes, Aries Builders Ltd. commits to resolving issues promptly and fairly, adhering to the principles of good faith and professional integrity.

These terms are set to ensure that financial transactions are managed smoothly and transparently, reflecting our commitment to providing excellent service and maintaining high customer satisfaction. Please review and ensure understanding of these terms at the start of our business relationship.

Aries Building Limited Residential Building Work Terms and Conditions

Implied Warranties Under the Building Act:

All residential building work undertaken by Aries Building Limited in New Zealand is covered by the implied warranties set out in the Building Act. These warranties provide assurance to clients regarding the quality and durability of the work performed. It is important to note the following:

Duration of Warranties: The implied warranties under the Building Act last for a period of 

10 years from the date of completion of the residential building work.

12-Month Repair Period: Additionally, the Building Act grants a 12-month repair period from the date of completion. During this time, the Company is obligated to rectify any defects or issues arising from the residential building repair work.

Applicability: These warranties apply to all residential building work, regardless of size or scope, and whether or not they are explicitly stated in the contract between the client and the Company.

Non-Exclusion: No provision in the contract between the client and Aries Building Limited can state or imply that these implied warranties do not apply to the residential building work.

Additional Guarantees and Warranty Period:

In addition to the implied warranties provided by the Building Act, Aries Building Limited also offers a guarantee on its building work for a period of 12 months from the date of completion, as outlined in our standard terms and conditions.

Materials Warranty:

Materials used in our projects are guaranteed by their respective manufacturers or importers and may come with individual warranties. These warranties are separate from both the implied warranties under the Building Act and the Company's guarantee on the overall work. Clients are advised to refer to the specific warranties provided by the manufacturers or importers for details regarding coverage and duration.

Exclusions, Claim Procedure, Limitation of Liability, and Governing Law:

The terms and conditions outlined in our standard contract regarding exclusions, claim procedure, limitation of liability, and governing law remain applicable in conjunction with the implied warranties under the Building Act.

Acknowledgment:

By engaging Aries Building Limited for residential building work, clients acknowledge that they are aware of and agree to the implied warranties provided by the Building Act, in addition to the Company's guarantee and standard terms and conditions.

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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