Terms of Trade
Terms and Conditions of Trade.
NZBN:9429046984821
No one likes the small print.
While it might feel a bit time-consuming to read the fine print, we do believe it is the best way to manage expectations and avoid any surprises. Our terms of trade set out what we will deliver to you and what we expect from you. The last thing we want is a mismatch in understanding and a poor outcome for you, the customer (Hereinafter ‘’the Customer’’ or ‘’the Client’’ or ‘’you’’).
We believe in providing great service and we take pride in our standards. The terms of trade below serve as the criteria for all of the work we carry out. These terms override any agreements made in person, over the telephone, or in any other communication.
When you ask Brookes Gas Technicians Ltd (Hereinafter ‘’Brookes Gas Technicians Ltd’’ or ‘’the Company’’ or ‘’we’’) to carry out work on your behalf, you agree to uphold your obligations under these terms of trade.
If you have any questions please contact us on our Email: admin@brookes.co.nz If you are unhappy with the work we provide, or have any problems or comments, please let us know immediately. We will do our best to fix any problems right away. If you do not give us feedback or if you delay payment, it makes it difficult for us to put things right.
We take pride in what we do and would love for you to use us again and tell your friends. You can be sure that we want you to get the outcome you are after, as much – if not more- than you do.
Our Charges
Normal Working Hours
We define our normal hours of business as 9.00 am to 4.30 pm, Monday to Friday. Work performed outside of these hours is subject to an after-hours call-out fee.
Appliance Service Charge
Prices for appliance services can vary between domestic and commercial work. A Gas Safety Certificate must be provided by law upon servicing, and a charge for the time and purchase of these certificates will be delivered to the customer via PDF attached to the invoice.
After-Hours Call-Out Fee
A call-out fee is a one-off charge for the first hour. Anything beyond that will incur an additional hourly charge. This fee also contributes to the administrative costs of handling your job.
Weekend Call-Out Fee
Jobs attended on Saturdays or Sundays will incur a weekend call-out fee, which is higher than the standard after-hours rate due to increased staffing and operational costs. The fee covers the first hour on-site, with additional time charged at the applicable weekend hourly rate.
Public Holiday Call-Out Fee
Work carried out on public holidays will incur a public holiday call-out fee. This rate reflects the additional costs associated with providing emergency service during statutory holidays. Charges apply from arrival on-site and include a higher hourly rate after the first hour.
Vehicle Service Fee
This charge covers the cost of operating service vehicles and may vary depending on your location.
Quote Preparation Charge
In cases where a quote is prepared as part of a breakdown, inspection, or service call, the time spent on-site assessing the system and preparing the quote may be charged as part of the initial visit. This ensures our time and expertise in evaluating and designing suitable solutions are appropriately covered.
Parking Permits / Tolls / Paid Parking
If, in the course of undertaking work for you, we are required to pay for parking, permits, tolls, or any other vehicle-related travel costs, these may be passed on to you.
Materials, Gas Certificates & Incidentals
All materials, consumables, Gas Safety Certificates, and other incidental items are charged separately at current market rates.
Pricing Terms
All prices are subject to change without notice and are not guaranteed, except where prices have been confirmed in an accepted quote or as outlined in the contracts of our Loyal Customers.
Annual Agreements
When the Client submits a ‘’Credit Account Application’’ and requests an annual plan to Brookes Gas Technicians Ltd (such as the followings: ”Commercial Kitchen Program” ”Commercial dry cleaning Program” ”Proactive gas service Program”, etc.) the price agreed by both parties is annual. The payment of the fee can be done monthly by the Client through direct debit or invoice.
The premature termination of the annual agreements/plans by the Client for any reason will not excuse the Client to pay any outstanding amounts of the annual price. The annual price has to be paid in full unless agreed otherwise by both parties in writing.
The service/breakdown visits included in the ‘Commercial Kitchen Program’ do not accumulate over the years, they are not compounding. When the visits are not used during the year of the agreement we consider the visit lost.
During the time that Brookes Gas Technicians Ltd team members are on annual leave, sick leave or in case that no team member is available to attend to a job order Monday to Friday 9am to 16.30pm, we will offer an alternative company that will provide the services that the client needs.
Cancellations/Rescheduling Appointments
We are always happy to reschedule an appointment free of charge.
If you need to cancel your appointment, please provide us with at least 24 hours’ notice.
A cancellation fee may apply to appointments that are not canceled within 24 hours of your appointment.
Payment
- For every day call-out jobs and after-hours emergency jobs, payment is due when the work is complete, unless we have made other arrangements. If you have been sent an invoice, payment is due as per the payment date on the invoice.
- Once your job is complete, you will be sent a final invoice by email.
- Please let Brookes Gas Technicians Ltd know before work commences if you would prefer an invoice to be mailed to you, as our default communication is via email.
- The Customer shall pay in full for the goods/parts and services no later than the date specified on the Company’s invoice. The Customer shall not have any right of set-off or deduction against the required payment or on account of any money which Brookes Gas Technicians Ltd may owe the Customer. If the Customer fails to pay the full amount due, on or before the due date, Brookes Gas Technicians Ltd (without prejudice to its other rights and remedies) shall be entitled to charge the Customer interest on the amount outstanding from due date until payment.
- The price for the goods/parts and services supplied by Brookes Gas Technicians Ltd shall become immediately payable, regardless of any other terms of payment, and Brookes Gas Technicians Ltd may take immediate action to recover the price. This includes if the Customer is in default under any agreement with Brookes Gas Technicians Ltd or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors’ composition, or has its credit standing impaired in any way.
Deposits
- Some jobs will require a deposit from The Customer before work commences
- If a deposit invoice is sent and remains unpaid before the work commences, Brookes Gas Technicians Ltd reserves the right to halt work until payment is made. Brookes Gas Technicians Ltd also reserves the right to cancel the contract entirely, if payment is late or delayed.
Ownership
You agree that Title in any goods supplied is reserved by us until receipt of full payment.
You understand and accept that we have the right under the Wages Protection and Contractors’ Liens Repeal Act 1987 to retain possession of goods until charges are paid.
We are entitled (for ourselves or through any agent or employee) to come on to any land where the goods are stored or installed to uplift and remove any goods supplied, and to sell those goods if necessary to recover unpaid services or goods provided by Brookes Gas Technicians Ltd.
No responsibility for any loss is accepted by us in this eventuality. We may also register title to all our present and after-acquired property including but not confined to goods supplied by us and itemized on a tax invoice, and/or services supplied by us, and the proceeds from those goods supplied in whatever form they may be in against your name on the Personal Property Security Register (PPSR).
You agree that all Fittings, Hardware and Joinery supplied are designed to be removable and so these items form part of the fit out not the building and are covered by our PPSR registration.
You agree that in the event where you are holding retention on behalf of us we understand that it is a legal requirement that you set those amounts aside and agree that we have the right to register an interest in that retention on the PPSR and that we will come ahead of any other security.
You agree that until payment is made for the goods and services provided, you grant an equitable interest in your land on which the goods and services were carried out and affixed, which interest entitles us to register a caveat against your land. You waive your right to receive a copy of the PPSR verification statement. You understand that payments will be allocated against labour components of invoices first.
Disputed Invoices
- If you need to discuss any aspect of payment, please contact us immediately.
- If you are dissatisfied with the invoice, it is your responsibility to contact us immediately.
Unpaid Accounts
- If payment remains outstanding for over 30 days from the invoice due date a late fee may be added to your account at our discretion. Brookes Gas Technicians Ltd reserves the right to discontinue providing its services until any outstanding balance is paid.
- Debt Collection costs may be added to invoices that remain outstanding for over 30 days from the due date at your cost.
Delays
Brookes Gas Technicians Ltd will not be responsible for late completion and Brookes Gas Technicians Ltd reserves the right to pass on costs incurred as a result of events beyond our control including but not confined to; other trades late in finishing, materials promised by the client and not being available.
Consumer Law Reform Bill
The guarantees contained in the Consumer Guarantee Act 1993 do not apply to goods and services that are supplied for the purpose of business or use by a business.
Construction Contracts Act
This contract will be administered under the rules of the Construction Contracts Act which require payment schedules to be submitted to us within 20 working days of invoices being raised.
Privacy Act
The Customer gives authority for the Company to hold the Customer personal information and authorise any person or company to provide the Company with any information required to determine the whereabouts and credit worthiness of the Customer. The Customer authorise the Company to disclose The Customer details for fines enforcement purposes and to obtain the balance of any fines in default. The Customer understands that this information is collected for the purposes of establishing the credit rating of the Customer.
Force Majeure
The Customer agrees that the Company is not liable for failure or delay in supply or delivery occasioned by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of products or raw materials, shortage of labour, lack of skilled labour, failure of the Customer’s supplier’s delay in transit, import restriction, legislative governmental or other prohibition or restriction, fire, flood, hostilities, commotions or other causes whatsoever beyond the Company’s reasonable control including power outage or telecommunication disruption or act of war or terrorist attack.
Our Liability to you
If The Customer is not satisfied with any aspect of the goods and/or services when supplied by Brookes Gas Technicians Ltd, The Customer must advise the Company within 7 days of supply. If The Customer fails to do so, then the Company will not have any further liability in respect of alleged defects. Therefore, the Company will not be liable for any consequential damages or loss occasioned by any claim in respect of the goods supplied.
We would like to thank all of our customers for trusting and working alongside Brookes Gas Technicians Ltd for keeping Gas Appliances safe and having the like-minded attitude of being Proactive and respecting the Duty of Care that we all have.
You can contact us the following ways:
Mobile Number: Sandra Rodriguez 0210515200 // Stephen Brookes 0277776726
Email/office: admin@brookes.co.nz
Website: brookes.co.nz
Links associated with these terms: