TERMS AND CONDITIONS OF TRADE
Metro Water Blasting – Terms and Conditions of Trade Page 1 of 6
The following terms and conditions apply to the provision of Water Blasting Services (“Water
Blasting”) and Cleaning Services (“Cleaning”) by Metro Cleaning Limited, trading as “Metro
Water Blasting” (referred to as “Metro”). The term “Customer” refers to the recipient of the
quotation, and “services” encompasses all services (including cleaning and water blasting)
quoted by Metro for the Customer. No additional terms, conditions, or deviations from these
stated terms shall be valid unless expressly agreed upon in writing by an authorised
representative of Metro.
1. Quotation and Acceptance
Metro shall provide the customer with a formal written quotation for Cleaning and/or Water
Blasting services. This quotation will be valid for thirty (30) days from the date specified.
By accepting our quotation via email you acknowledge and agree to the Terms of Trade
provided alongside the quotation. No physical signature is required for acceptance; your
confirmation of the quotation constitutes full acceptance of the terms and conditions. You
are responsible for reviewing the Terms of Trade included with each quotation, and
proceeding with acceptance indicates your agreement to all the stated terms.
Metro’s quotations are subject to the following Terms and Conditions (“Terms”). A quotation
serves as an invitation to place an order for services and does not create a binding contract
between the parties. Metro reserves the right to amend or withdraw the quotation at any
time before providing written acceptance of a purchase order in accordance with clause 2
of these Terms. Once a quotation is withdrawn by Metro, it is no longer binding on either
Metro or the Customer. All quotations must be in writing, and Metro will not accept or be
bound by verbal quotations or purchase orders. By placing a purchase order, the Customer
agrees to these terms.
2. Terms of Sale:
A purchase order relating to any quotation only binds Metro once it is submitted by the
Customer and accepted by Metro in writing. Once Metro accepts a purchase order, the
terms outlined in this document, along with Metro’s prevailing Terms and Conditions of Sale,
any orders placed by the Customer and accepted by Metro, and any other terms agreed
upon in writing between the Customer and Metro, will become binding. These terms will
merge and form part of the contract governing all services purchased by the Customer from
Metro.
3. Goods and Services Charge:
The price quoted for the Cleaning and/or Water Blasting Services excludes Goods and
Services Tax (GST). In addition to the quoted price, the Customer is responsible for paying
GST, which will be calculated and applied to the total amount due. The Customer is liable
for any other applicable government duties, levies, or taxes related to the services provided.
These additional charges must be paid by the Customer in full, along with the quoted service
price, as part of the overall payment obligations.
4. Delivery:
(a) Delivery dates provided by Metro are estimates made in good faith based on information
available at the time of quotation. Time is not considered of the essence for any quotation
or purchase order accepted by Metro.
(b) Metro shall not be liable for any loss or damage resulting from a failure to deliver by the
specified date, including but not limited to claims for liquidated damages.TERMS AND CONDITIONS OF TRADE
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(c) If delivery occurs in instalments, a delay in any instalment does not relieve the Customer
of their obligation to accept and pay for the remaining instalments.
(d) Should the Customer exceed the approved limit of their credit facility with Metro, Metro
reserves the right to withhold delivery of any services ordered until the Customer’s account
is brought within the approved limit.
5. Pricing:
(a) Metro reserves the right to adjust the prices specified in a quotation at its sole discretion
until the written acceptance of a purchase order. Price increases may occur, but are not
limited to, due to fluctuations in material costs between the time of the quotation and Metro’s
written acceptance of the purchase order or such changes that are beyond Metro’s
reasonable control.
(b) Unless explicitly stated otherwise, all quoted prices are exclusive of GST and are subject
to adjustments for any existing or new taxes imposed by the New Zealand government on
the manufacture, transportation, services and/or sale of the specified materials.
6. Access and Site Conditions:
This quotation assumes that clear access will be provided for a van within the site and
around the building to ensure work can proceed without hindrance. Metro will be charged
an extra cost for any delays or obstructions not caused by its representatives, employees
or its authorised persons.
7. Scaffolding:
If scaffolding is required, the customer will be responsible for the supply and erection of
scaffolding or planning that meets Metro’s requirements and complies with the Construction
Act 1959, Construction Regulations 1961, and the Health and Safety at Work Act 2015
unless otherwise specified in the quotation. The Customer will cover all the costs related to
the scaffolding.
8. Customer’s Responsibilities:
The customer is responsible for the following:
• Ensuring water and access are available for Metro’s use.
• Ensuring that drainage is fully functional and allows free flow of water.
• Sealing all joinery, flashings, exterior cladding, and wall-to-floor surfaces (both internal
and external) against water damage. Metro is not responsible for water ingress into
the property.
• Isolating all electrical components, including wiring, wall and ceiling sockets,
switches, electronic alarms and sensors, and automatic door or gate openers, to
prevent damage.
• Covering all costs and expenses related to drain cleaning if required.TERMS AND CONDITIONS OF TRADE
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• Covering all costs and expenses related to the disconnection and reconnection of
any mains power entering the exterior of the building.
• Covering all costs and expenses related to the disconnection and reconnection of
downpipes if required.
9. Force Majeure
Metro shall not be liable for any failure or delay in fulfilling any part of the contract where
such failure or delay is caused by events beyond its reasonable control. These events
include, but are not limited to, epidemics, strikes, industrial disputes, shortages of materials
or skilled labour, delays in transportation, adverse weather conditions, natural disasters,
government actions, or any other unforeseen circumstances that prevent or hinder Metro’s
ability to perform its contractual obligations. In such cases, Metro’s obligations under the
contract will be suspended for the duration of the force majeure event.
10. Workmanship
This contract will be executed according to the best trade practices and will be warranted
against failure due to poor workmanship for the specified term. Metro does not accept
responsibility for issues arising from the work of other trades or factors beyond its control.
11. Health and Safety
Metro adheres to the standards outlined in its Health and Safety Manual. If any work
situation fails to meet these standards, work may be suspended until it can be completed in
compliance with these standards.
12. Materials
Materials will be applied according to the manufacturers or supplier’s instructions.
Warranties for the performance or suitability of materials and chemicals are provided solely
by the manufacturer or supplier. Any statements or implications that warranties are provided
by any party other than the manufacturer or supplier are expressly overruled.
13. Use of Photos
As part of Metro’s standard procedure, Metro will capture ‘before,’ ‘during,’ and ‘after’
photographs of its work. These images may be used for marketing purposes, including but
not limited to advertising materials, social media, and Metro’s website. Metro will ensure
that no personal details, such as addresses, identifiable vehicles, or security features, are
visible in any images used for such purposes.
By agreeing to these terms, you consent to the use of these photographs as described. If
you do not wish for Metro to use the images, or if you would prefer to review the images
prior to their use, please notify Metro in writing.
14. Specification:
(a) Any quotation provided by Metro is based solely on the information or specifications
received from the Customer and in Metro’s possession at the time of the quotation.
(b) Metro does not warrant or represent that the services will meet any technical or other
specifications provided by the Customer, including but not limited to quality, functionality,
performance, or design.TERMS AND CONDITIONS OF TRADE
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(c) Metro makes no representations regarding the suitability of the materials for any
particular purpose or that the services are fit for any purpose, even if Metro has been
informed of such purpose.
(d) Technical or other specifications provided by the Customer do not become part of the
contract between the Customer and Metro for the purchase of services.
(e) For clarity, Metro is not responsible for any loss or damage incurred by the Customer
related to the specifications provided by the Customer. This includes but is not limited to,
issues arising from incorrect or outdated specifications or items not included in the
specifications.
15. Liability for Delay:
Metro shall not be liable for any delay or failure to fulfil its obligations where such delay or
failure is due to circumstances beyond its reasonable control, including but not limited to
acts of God, natural disasters, government actions, strikes, labour disputes, supply chain
disruptions, or any other events or conditions that are unforeseeable or unavoidable.
The Customer agrees to indemnify and hold Metro harmless from any claims, losses,
damages, or expenses arising from such delays or failures, including any consequential or
indirect losses incurred as a result of Metro’s inability to perform its obligations due to these
circumstances. This indemnification extends to any third-party claims that may arise in
connection with such delays or failures.
16. Warranty and Liability
The warranties, descriptions, representations, or conditions, whether implied by law, trade,
custom or otherwise, are all other liability of Metro, whether in tort (including negligence),
contract or otherwise, and are expressly excluded to the fullest extent permitted by law.
Insofar as Metro may be liable, notwithstanding anything contained in these terms and
conditions, to the extent permitted by law, the total liability of Metro, whether in tort (including
negligence), contract or otherwise, for any loss, damage or injury arising directly or indirectly
out of the completion of the services or any other breach of Metro’s obligations is limited to
the lesser of:
a. to the price of goods and/or materials complained of;
b. the cost of completing any necessary repairs/remedial work; or
c. the actual loss or damage suffered by the Customer.
Except where the statute expressly requires otherwise, Metro is not liable in any event for
any loss of profits, consequential, indirect or special damage, loss or injury of any kind
suffered by the Customer or any other person.
17. Payment
Payment for the services shall be made in full on or before 7 days from the issue of the
invoice.
All invoices for progress payments will comply with the provisions of the ConsumerTERMS AND CONDITIONS OF TRADE
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Guarantees Act 1993.
Metro reserves the right to charge interest on all overdue accounts at a rate of 20% per
annum, calculated daily. Interest will accrue from the due date until the date of actual
payment, along with any expenses and costs (including legal fees, as between solicitor and
Customer, and debt collection fees) incurred by Metro in obtaining or attempting to obtain
payment. The Customer shall be responsible for all costs of collection and reasonable fees
if legal action becomes necessary.
The Customer may not deduct or withhold any amount from payments due to Metro, whether
by way of set-off, counterclaim or otherwise.
18. Cancellation
If the Customer wishes to cancel the Cleaning and/or Water Blasting services after accepting
the quotation, the Customer must pay Metro all actual and reasonable costs incurred, along
with a reasonable administration fee. The Customer may not cancel the contract once the
services have commenced without obtaining Metro’s prior written consent.
Metro reserves the right, without liability and without prejudice to any other legal or equitable
rights, to suspend or cancel, in whole or in part, any contract for the supply of services if:
• The Customer fails to pay any amount owed after the due date.
• The Customer commits an act of bankruptcy as defined in Section 19 of the
Insolvency Act 2006.
• Liquidation proceedings are initiated against the Customer.
• The Customer becomes bankrupt or insolvent.
• Any other event occurs that indicates a lack of creditworthiness or insolvency on the
part of the Customer.
Cancellation or suspension by Metro under this clause does not affect Metro’s right to claim
any money due at the time of cancellation or suspension, nor does it impact Metro’s right to
seek damages for any breach of contract or the Customer’s obligations under these terms
and conditions.
19. Complaints:
Any issues or complaints related to Metro’s work must be reported in writing within three
(3) days of the completion of the services. Due to the nature of the work, Metro will not be
responsible for addressing or resolving any claims, issues, or complaints raised after this 3-
day period. Failure to notify Metro within this timeframe will be deemed acceptance of the
work performed.
20. Dispute Resolution
In the event of a dispute or disagreement arising between Metro and the Customer, the
party with a grievance may give written notice to the other party specifying the nature of the
dispute or disagreement, the remedy sought and requiring that the dispute or disagreement
be determined and settled in accordance with this clause.TERMS AND CONDITIONS OF TRADE
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On receipt of the notice, the parties shall each appoint a representative who has the
authority to determine the grievance or dispute, and those two representatives shall meet
as soon as reasonably possible to see if they can determine the grievance. All
discussions, meetings and correspondence between the two representatives shall be
deemed without prejudice and without concession of liability and shall not be used by
either party in any later proceedings unless:
a) Both parties agree, or
b) the two representatives reach an agreement, but one party fails to honor such
agreement.
If the two representatives cannot, within fourteen (14) days of being appointed, reach an
agreement on how the grievance or dispute is to be determined, the parties shall refer
the dispute to an independent expert who is acceptable to both parties. The independent
expert shall:
i. Set his or her own rules and procedures for the resolution of the grievance or
disagreement.
ii. At all times, act in good faith and in an unbiased way
iii. Promptly hear and determine the dispute
iv. Provide a written decision (with reasons for that decision) if requested by either
party.
The independent experts:
(a) Decision shall be binding on both parties.
(b) Costs shall be paid equally by the parties unless the independent expert decides
otherwise in his or her decision.
Notwithstanding anything contained in clause 20, disputes in excess of ten thousand dollars
($10,000.00) shall be referred at Metro’s sole discretion to arbitration under the Arbitration
Act 1996 or any subsequent Act passed in its place.
21. Authorization and Information Use
The Customer authorises Metro to collect, retain, and use any information about the
Customer for the purposes of assessing the Customer’s creditworthiness and/or enforcing
any rights under this contract.
The Customer further authorises Metro to disclose any information obtained to any third
party for the purposes outlined in this clause. If the Customer is a natural person, this
authorisation constitutes consent as required under the Privacy Act 1993.
22. Severability
If any provision of this contract is found to be invalid, void, illegal, or unenforceable, the
validity, existence, legality, and enforceability of the remaining provisions shall not be
affected, prejudiced, or impaired.TERMS AND CONDITIONS OF TRADE
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23. Waiver of Terms:
The failure of Metro to enforce any term or condition of this contract does not constitute a
waiver of any of its rights or obligations under the contract.
24. Severability:
If any provision of this contract is found to be invalid, void, illegal, or unenforceable, the
validity, existence, legality, and enforceability of the remaining provisions shall not be
affected or impaired.
25. Customer’s Assignment:
The Customer may not assign any of its rights or obligations under this contract without
obtaining prior written consent from Metro.
26. Effect of Other Terms:
These Terms and Conditions supersede all prior agreements between Metro and the
Customer. No additional terms the Customer proposes will apply to any agreement between
the Customer and Metro.
27. Assignment:
Metro reserves the right to assign its quotation and related agreements without requiring the
Customer’s prior written consent or knowledge.
28. Amendment of Terms
Metro reserves the right to amend these terms of trade from time to time. Any changes will
be communicated to the Customer in writing, which may include email notification. Unless
otherwise specified, such amendments will take effect five days from the date of the notice.
Continued use of Metro’s services after the effective date of the amendments will constitute
acceptance of the revised terms.
ACCEPTANCE OF OUR QUOTATION IS DEEMED TO BE ACCEPTING THESE
CONDITIONS OF QUOTATION AS STATED ABOVE.