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Aqua Blast (2018) Ltd Terms of Use

The following Terms of Use is a legal contract between an individual user and AQUA BLAST (2018) LTD regarding the use of our services.

Please read these terms and conditions carefully. By using our services, you acknowledge that you understand, agree, and are bound by these terms.


STANDARD TERMS AND CONDITIONS

These are the AQUA BLAST (2018) LTD Standard Terms and Conditions which will apply to every contract when you engage AQUA BLAST (2018) LTD to perform its services. When providing our services, we may also need to supply products. AQUA BLAST (2018) LTD reserves the right to amend these Terms and Conditions at their discretion. Any changes made in such revision takes effect once the Customer is notified of a change.

ENGAGEMENT

  1. AQUA BLAST (2018) LTD represents and warrants that we have all the necessary skills, knowledge, experience and expertise to perform the services and will perform the service in a proper and competent manner

2. If an event occurs that is beyond the reasonable control of AQUA BLAST (2018) LTD and which prevents AQUA BLAST (2018) LTD from performing the service on or by the date agreed, we will immediately notify the Customer and give an estimate time for completion of the service.

3. The Contractor will provide all equipment and all materials as may be necessary to properly and efficiently perform the service other than water, this to be provided by the customer. Unless otherwise agreed in writing all materials including products supplied will be fit for purpose. All AQUA BLAST (2018) LTD equipment will be safe for use, and capable of being used to carry out the service.

4. If the Customer requires a variation to the service, AQUA BLAST (2018) LTD will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Customer. If the Customer does not accept the quotation AQUA BLAST (2018) LTD is not obliged to carry out the variation.

5. AQUA BLAST (2018) LTD may use subcontractors to provide any of the service. In such circumstances AQUA BLAST (2018) LTD will ensure that:
(a) the sub-contractors so engaged are suitably qualified

(c) the sub-contractors so engaged have current or necessary insurances.

AQUA BLAST (2018) LTD is solely responsible for all fees payable to subcontractors.

ACCEPTANCE OF THESE TERMS

6 Any act by the Customer or those legally acting on behalf of the customer which requests AQUA BLAST (2018) LTD to begin performing any services or providing any materials will be deemed as acceptance of these Terms and Conditions.

7. Once these Terms and Conditions are accepted they are irrevocable and cannot be amended without the written consent of AQUA BLAST (2018) LTD

8. Should the Customer cancel the contract after it has been accepted, the Customer agrees they may be held liable for any costs incurred by AQUA BLAST (2018) LTD up to the point of cancellation.

QUOTES, INVOICES AND PAYMENTS

9. A quote provided by AQUA BLAST (2018) LTD will remain valid for thirty days. 

10. The Customer will pay invoices no later than 20th of the following calendar month. Invoices will include GST.

11. The Contractor will issue a tax invoice for the service setting out the service performed, including any variation, the date the service was performed and by whom. Identify all expenses and any GST payable. This tax invoice will include the final price for the services performed and any goods provided, this price may vary from the quoted price at the discretion of AQUA BLAST (2018) LTD

12. Payment of the tax invoice should be made by electronic transfer or to the AQUA BLAST (2018) LTD bank account.

13. Where the Customer fails to pay any tax invoice on or before the due date, the Customer agrees that AQUA BLAST (2018) LTD will add interest to the total outstanding amount at the rate of 3% interest per calendar month and the Customer will be liable to pay accrued interest in addition to the outstanding amount. AQUA BLAST (2018) LTD accepts part payment/ Installments if discussed and agreed.

14. In the event the Customer defaults in payment of an invoice, the customer shall indemnify AQUA BLAST (2018) LTD from any costs incurred by AQUA BLAST (2018) LTD in recovering the outstanding amount.

15. The Customer is not entitled to deduct any amount from any amounts owing to AQUA BLAST (2018) LTD. No discounts unless discussed and agreed by AQUA BLAST (2018) LTD 


OCCUPATIONAL HEALTH AND SAFETY

16. The Customer will ensure that, if the service is to be performed on the Customer’s property, the Customer is authorized to occupy those premises and obtain the service.

17. The Customer will ensure that if the service is to be performed on the Customer’s property, that at all times the property is safe and that all facilities provided by the Customer for the purposes of enabling the service to be performed are also safe.

18. The Customer will ensure that AQUA BLAST (2018) LTD will have unencumbered and unobstructed access to the area of the premises requiring the service.

19. AQUA BLAST (2018) LTD will ensure that at all times in performing the service it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper safety practices. Wear protective equipment, materials or clothing are required, these will be provided by AQUA BLAST (2018) LTD and AQUA BLAST (2018) LTD will ensure that these are used at all relevant times.

20. AQUA BLAST (2018) LTD will at all times have current Liability insurance and will, on request with prior notice, provide evidence to the Customer of its currency.

LIMITATION ON WARRANTY

21.AQUA BLAST (2018) LTD warrants that all the service it performs including any product it supplies as part of the service will be capable of being used by the Customer for its intended purpose.



22. All statutory warranties that can be lawfully excluded are hereby expressly excluded. AQUA BLAST (2018) LTD reserves the right to terminate access to our site and block future use of our services if we deem these Terms of Use have been violated.

23. To the extent permitted by law, AQUA BLAST (2018) LTD is not liable for negligence or otherwise to any person including the Customer for any loss or damage including consequential loss suffered or incurred in relation to the AQUA BLAST (2018) LTD service or products supplied. 

JURISDICTION


24. It is agreed by the Parties that these Terms and Conditions will be construed in accordance with the Law of New Zealand and each Party covenants that it submits to the jurisdiction of the Courts of New Zealand for the resolution of any dispute under the Agreement.

FORCE MAJEURE

25. Neither the Contractor nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either

Thank you for choosing AQUA BLAST (2018) LTD