Terms & Conditions of Service.

Any instructions received by HeyBob (HB) from the Client for the supply of goods or services shall constitute acceptance of the terms and conditions contained herein. 

1. COLLECTION AND USE OF INFORMATION

1.1 The Client authorises HB to collect, retain and use any information about the Client, or for the purpose of assessing the Client’s credit worthiness, or for enforcing any rights under this contract. The Client authorises HB to disclose any information obtained to any person for the purposes set out in this clause. Where the Client is a natural person the authorities under this clause are authorities or consents for the purposes of the Privacy Act 2020.

2. PRICING

2.1 The Client agrees to pay the price charged for all goods and services in accordance with the Schedule.

3. PAYMENT

3.1 Unless agreed otherwise all invoices must be paid in full on or before the 7th day from the date the invoice is received.

3.2 HB may impose a credit limit on the Client, and alter the credit limit without notice.  Where the credit limit is exceeded HB may refuse to supply goods or services to the Client.

3.3 HB may notify the Client at any time that it has ceased to supply goods or services on credit to the Client.  

3.4 Interest may be charged by HB on any amount owing from time to time from the due date until the date payment is received by HB at a default rate of 15% per annum, calculated daily. The Client shall indemnify HB against any expenses, disbursements and legal costs incurred by HB in connection with the enforcement of any rights contained in this contract, including legal fees on solicitor / client basis and/or debt collection agency fees.

3.5 HB will apportion payments received to outstanding accounts as it thinks fit. HB reserves the right to request payment for any goods / services from the Client prior to the commencement of any services.

4. AGENCY

4.1 The Client authorises HB to contract either as principal or agent for the provision of goods or services that are the matter of this contract. Where HB enters into any such necessary subcontract it shall be read with and form part of this contract and the Client agrees to pay any amounts due under that contract.

5. RETENTION OF TITLE

5.1 If HB provides any goods to the Client, title to those goods shall remain with HB until such time as payment in full for the goods and/or the services has been received by HB (notwithstanding any period of credit allowed by HB). 

6. PPSA SECURITY INTEREST

6.1 The Client grants to HB a security interest (as defined in the Personal Property Securities Act 1999 (“PPSA”)) in all of the Client’s present and after acquired personal property that HB supplies the Client and all present and after acquired personal property being proceeds of such property, which shall secure the obligation of the Client to pay the amount owing and any other obligations of the Client to HB under this contract.

6.2 As and when required by HB the Client shall, at its own expense, provide all reasonable assistance and relevant information and do all things necessary to enable HB to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, perfect, register and enforce HB’s security interest in respect of the goods supplied, in accordance with the PPSA.

6.3 The Client shall not change its name without first notifying HB of the new name not less than 7 days before the change takes effect.

6.4 Nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to this contract.

6.5 The Client waives their right to: receive notice under section 120(2) and 129; receive a statement of account under section 116; receive surplus distributed under section 117; recover any surplus under section 119; object to any proposal of HB to retain collateral under section 121; not have goods damaged in the event that HB were to remove an accession under section 125; apply to the Court for an order concerning the removal of an accession under section 131; redeem collateral under section 132; and receive a verification statement under section 148.

7. DEFAULT

7.1 The security interest created by clause 6 of this contract becomes immediately enforceable if any of the following events occur:

1. the Client fails to pay any amount owing on the due date;

2. the Client sells, parts with possession, leases or disposes of any goods or does anything inconsistent with HB’s ownership of the goods prior to making payment in full to HB;

3. HB believes the Client has committed or will commit an act of bankruptcy, has had or is about to have a receiver, liquidator, statutory manager or voluntary administrator appointed, or is insolvent or unable to pay its debts as they fall due; or

4. the goods are at risk, as that term is defined in the PPSA.

8. LIABILITY

8.1 To the full extent permitted by law, HB shall not be liable:

(a) for any loss or damage of any kind whatsoever whether suffered or incurred by the Client or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by HB to the Client and without limiting the generality of the foregoing of this clause HB shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; 

(b) except as provided in this contract in contract, or in tort, or otherwise for any loss, damage, or injury beyond the value of the goods or services provided by HB to the Client; or

(c) for any delay or failure to supply goods or services.

8.2 The Client shall indemnify HB against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of HB or otherwise, brought by any person in connection with any matter, act, omission, or error by HB its agents or employees in connection with the goods or services.

9. WARRANTIES 

9.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires goods or services from HB for the purposes of a business in terms of section 2 and 43 of that Act.  

9.2 Nothing in this contract is intended to contract out of the provisions of the Consumer Guarantees Act 1993, except to the extent permitted by the Act.

9.3 The only guarantees applying to the goods and services supplied by HB are those confirmed by HB in writing.

10. CANCELLATION

10.1 HB shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of goods or services to the Client if the Client fails to pay any amount owing after the due date or the Client commits an act of bankruptcy or becomes otherwise insolvent or unable to pay its debts as they fall due. Otherwise, HB may cancel this contract by providing the Client 2 weeks’ written notice. 

10.2 Any cancellation or suspension under clause 10.1 of this contract shall not affect HB’s claim for amount due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Client’s obligations to HB under this contract.

10.3 If the Client requests suspension or cancellation of the supply of goods and/or services, HB may increase the agreed price to cover any resulting extra expense should this apply or, any out of pocket expenses incurred by HB in connection with the same.

10.4 Two weeks’ written notice is to be given by the Client to HB in the event of suspending or cancelling contracted the supply of supply of goods and/or services.

11. NOTICE

11.1 Any notice may be given by phone, in person, posted, or sent by facsimile or email to the Client or to any director or representative of the Client.

12. VARIATION

12.1 HB shall be entitled at any time by notice in writing to the Client to vary any provision of this contract and the Client shall be bound thereby except as provided in clause 12.2.

12.2 The Client shall be entitled within seven (7) days of the Client’s receipt of the notice referred to in clause 12.1 to give 2 weeks’ written notice to HB terminating this contract.

12.3 In the event of the Client giving written notice pursuant to clause 12.2 to HB the purported variation of this contract shall have no effect as between HB and the Client.

12.4 For the avoidance of doubt, HB’s provision to the Client of an updated Price List referred to in the Schedule hereto shall not constitute a variation for the purposes of this clause.

13. MISCELLANEOUS

13.1 The Client shall not assign, novate or otherwise transfer all or any of its rights or obligations under this contract without the written consent of HB.

13.2 HB shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

13.3 Failure by HB to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations HB has under this contract.

13.4 The law of New Zealand shall apply to this contract.

13.5 Where the terms of this contract are inconsistent with the order or instruction from the Client, this contract shall prevail.

13.6 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

13.7 If any dispute or difference arises in relation to any aspect of this contract or the implementation or performance of its terms, the parties agree that before taking any formal contentious step, they shall attempt to resolve the dispute or difference by negotiation.  If within two weeks of a dispute or difference being raised by a party (by notice in writing to the other party) it has not been resolved by negotiation, the parties shall refer the matter to mediation.  If the matter remains unresolved within four weeks of such a referral to mediation, either party may take action in such forum as it sees fit.  This clause shall not preclude any party from taking any injunctive or other interim legal proceedings considered necessary for the urgent protection of its rights.

14. DEFINITIONS

14.1 “amount owing” means the price charged by HB for the goods and/or services, and any other sums which HB is entitled to charge under this contract which remans unpaid.

14.2 "Client" shall mean the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing goods or services from HB.

14.3 "goods" shall mean all goods and/or chattels supplied by HB to the Client and shall include any fee or charge associated with the supply of goods by HB to the Client, including but not limited to the goods listed in the Schedule.

14.4 "price" shall mean the cost of the goods or services as agreed between HB and the Client subject to clause 2 of this contract as further detailed in the Schedule.

14.5 "services" shall mean all services provided by HB to the Client and shall include without limitation the provision of all services noted in the Schedule.

SCHEDULE

GOODS TO BE PROVIDED BY HB

All goods provided to the Client at the Client’s request from time to time in accordance with the attached Price List or quote accepted, and any updated Price List or quote accepted provided by HB to the Client from time to time.

Fees.

1. Property Maintenance.
- From $82.50 an hour plus GST (per Bob/person).*

2. Small Property Works (from 1 hour to 3 days).
- From $82.50 an hour plus GST (per Bob/person).*

3. Property Works Sub-Trades Management.
- from $95.00 an hour plus GST.*

4. Product Sourcing & Interior Design from TLV Studio.
50% deposit required on initial request of order and balance (50%) on conformation of order.
Sourcing and supply time from $165.00 an hour plus GST.
Freight to supplier and delivery charges as agreed prior to order being placed.

5. Art-work Installation & Art-rail supply and installation.
- Service available on request from $125.00 an hour plus GST (per Bob/person)*.

6. Interior Installation Services.
Blinds, curtains and flat-pack furniture installation from $82.50 an hour plus GST (per Bob/person).

Sourcing, supply & TLV Studio Design time from $165.00 an hour plus GST.*

7. Roller Blinds, Venetians & Shutters.
-Roller Blinds, Venetians & Timber Shutters - Free measure & Install included in total price quoted - 50% deposit required with balance of payment on completion. Freight & delivery charges included in quote.

- 50% deposit required with balance of payment on completion. Freight & delivery charges included in quote.

8. Curtains.
HeyBob Curtain Edit from TLV Studio - Curtains, tracks, linings and sheers.

- Installation from $82.50 an hour plus GST (per Bob/person).*

*A vehicle charge per trip is charged at $25.00 plus GST for Arrowtown, $35.00 plus GST for Frankton & Queenstown, $45 plus GST for Cromwell, $55 plus GST for Wanaka, Hawea & Kingston.

A minimum travel attendance charge of 1 hour applies.

Travel time is charged at $82.50 plus GST.

Consumables charged accordingly.

Note: Where sub-trade works and product are invoiced directly via HeyBob the client agrees that an 10% facilitation fee is charged on the supplied invoice amount.