Quotation Terms & Conditions

We would respectfully submit the following terms in respect of our quotation:

1) PRO Environmental Services Ltd. does not accept any retention sums for any work undertaken.

2) Variation of work and additional costs and schedules may incur to additional fees, which will always be discussed and agreed upon between the Client and our team prior to confirmation.

3) Terms of payment – for Domestic Customers a deposit of 50% is required prior to starting the project and full payment is required 7 days from the date of invoice.

4) Terms of payment – for Commercial Clients no later than the 20th of the month following invoice. Some commercial projects could require deposit prior start.

5) Allowance for welfare facilities or security will be the responsibility of the client unless agreed prior to the contract, failure to organise this will result in the works not proceeding and aborted visit charges applied.

6) Mains water and 240v 10amp power supply to be made available for the duration of the works. Depends on the size of the project we may require commercial lifeguards.

7) Parking space for 1/2 vans and decontamination unit (if required), to be the client’s responsibility.

8) All working area to be free of any obstructions.

9) All services affected by the works are to be made safe by prior to our commencement and a copy of isolation certificates to be provided, failure to provide these documents will result in delay costs.

10) No responsibility for damage to decor will be accepted.

11) Our quotation does not include for abortive site visits, these will be charged at $ 600.00 per man day, and we will require 48-hour notice of any cancelations, so this cost can be avoided.

Terms & Conditions of the Business

Definitions

In these terms and conditions the following words shall have the meanings given in this clause:

‘we’, ‘us’ or ‘our’ is a reference to PRO Environmental Services Company Limited

‘you’ or ‘your’ is a reference to the person to whom we are supplying Services and who is required to pay for the Services we supply;

‘Conditions’ means the terms and conditions set out in this document and any special terms and conditions agreed in writing by us;

‘Materials’ means any materials, goods, parts or items we need to buy necessarily in order to perform the Services;

‘Parties’ is a reference to both us and you; ‘Premises’ means the place where we will provide the Services;

‘Price’ means the price for the Services and materials including GST;

‘Services’ means the services described on our quotation and as we agree from time to time.

Conditions Applicable

These Conditions shall apply to all contracts for the provision of Services by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, or similar document.

When you sign the quotation, we and you will enter into a legally binding contract on the date you sign.

Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.

You should keep a copy of these Conditions for your records.

Price and payment

The Price shall be our quoted price on our quotation. The Price is the full cost to be paid.

Payment of the Price shall be payable in one of three ways:

1) at the time you place your order; or in a number of staged payments which requires a non-refundable 50% deposit.

2) Stage payment amounts will be agreed between us when the parties enter into the contract and the balance when you receive our invoice upon completion of the Services. Stage payments should be paid within 14 days of receiving the invoice.

3) at the time you receive our invoice upon completion of the Services. (7 day for domestic customers and 14 days for commercial customers).

Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

The Services to be provided

The quantity and description of the Services shall be as set out in our agreed quotation

Variations from Original Quotation

All variations from original agreed quotation of Services to be provided must be agreed in writing prior to commencement. The variations will then be costed, and itemised and prepared for invoicing as part of the final payment required.

Standard of Providing the Services

Once the parties have entered into a legally binding contract, we will normally start providing the Services to you using the Materials straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.

The Services that are provided are done so in accordance with legislation. We ensure that we are complaint with the statutory Regulations, Codes of Practice and Guidance Information.

 We will provide a safe system of work to ensure that asbestos removal works and all our services are carried out in accordance with current legislation and guidance notes; and without endangering the health and safety of any persons directly or indirectly concerned with the work and any others who may be affected by the works being undertaken.

A Supervisor will always be on site during the performance of Services by us. Any queries, issues or general observations should be raised with them. Further correspondence can be undertaken with the Director Adrian Czopek at the company’s Head Office at 59 Percy Kinsman Crescent, Riverstone Terraces, 021 153 8724 or by mail office@environmentalservices.nz

Providing the Services

We aim to provide the Services by the dates and times we either agree with you or notify to you. Notwithstanding this we cannot guarantee or provide a firm commitment that:

  • We will start performing the Services by a specified date or time; or
  • we will complete the performance of all the Services by any specified date or time; or
  • The performance by any individual part of the Services will be completed by a specified date or time.
  • The Services provided will also be subject to other works completing to agreed timescales.

Limitation of Liability

If any part of the Services is performed negligently or in breach of the provisions of this contract then, on your request, we will carry out such work to rectify any damage caused and/or re-perform the relevant part of the Services or offer a sum by way of compensation.

Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Price you have paid us.

Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the Price you have paid to us.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Situations or events beyond our control

There are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs, we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.

The following are examples of events or situations which are not within in our reasonable control:

  • where weather conditions make it impossible or unsafe for us to perform any of the Services;
  • if Materials that are ordered are not delivered on the date or time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier);
  • where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
  • where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
  • where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
  • where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
  • for other some unforeseen or unavoidable event or situation which is beyond our control.

    If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:

    • continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
    • allowing you to cancel the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 14 days of cancellation.

    Sub-contracting

    We may sub-contract or delegate some or all of the performance of the Services but we will still continue to be responsible for the performance of the Services and our obligations under this contract.

    Guarantee

    We guarantee that an acknowledgement will be issued for the removal and safe disposal of Asbestos. All services provided by us is governed by legislation and codes of conduct.

    Entire Agreement

    These Conditions set out the whole of our agreement relating to the supply of the Goods and/or Services to you by us. Nothing said by ourselves, by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any Services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

    Your Right to Cancel

    Orders for our Services already accepted by us may be accepted for cancellation or variation, provided they are made in writing. At our discretion we reserve the right to charge for all work carried out or expenses incurred in relation to the order before the acceptance of the cancellation or variation. However less than 7 days’ notice of cancellation a further 15% cancellation charge will be applied in addition to the 50% non-refundable deposit

    Complaints

    If you have any complaints about the Services provided by us, or any aspect of the way we have dealt with the order please contact Adrian Czopek at the company’s Head Office at 59 Percy Kinsman Crescent, Riverstone Terraces, 021 153 8724 or by mail office@environmentalservices.nz

    Personal Property Securities Act 1999 (“PPSA”)

    Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:

    (a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and

    (b) a security interest is taken in all Goods previously supplied by the Seller to the Customer (if any) and all Goods that will be supplied in the future by the Seller to the Customer.

    The Customer undertakes to:

    (a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to register a financing statement on the Personal Property Securities Register;

    (b) indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change

    statement on the Personal Property Securities Register or releasing any Goods charged thereby;

    (c) not register a financing change statement or a change demand without the prior written consent of the Seller and

    (d) immediately advise the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

    The Seller and the Customer agree that nothing in Sections 114(1) (a), 133 and 134 of the PPSA shall apply to these terms and conditions.

    The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

    Unless otherwise agreed to in writing by the Seller, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA

    Proper law of contract

    This contract shall be governed and construed by the law of New Zealand and you and we agreed to submit to the exclusive jurisdiction of the courts of New Zealand.

    I understand that the quotation for Services presented is subject to the terms and conditions as outlined above and current at this date of acceptance. By approving quotation, I agree to our terms and conditions.