terms & conditions

1. TERMS AND CONDITIONS OF TRADE

1.1. All works agreed to be undertaken by Sharp Stuff Limited (Sharp Stuff) are done so in good faith between the Customer (You) and Sharp Stuff. 

1.2. Where Sharp Stuff are requested to provide a quote on-site, a call-out charge of $60 may be invoiced to cover costs if the quote is not accepted or if the work to quote has been significantly more arduous than indicated in supplied photos or than described by the customer. 

1.3. Where Sharp Stuff have been requested to re-quote due to additional customer requirements or changes, a service charge of $60 may be invoiced to cover costs. 

1.4. The quote for work will be accepted once the Customer gives approval in text, chat, email or writing and is deemed accepted on the basis that the Customer continues to instruct Sharp Stuff and any of its staff or subcontractors in accordance with these terms and conditions of trade. 

1.5. Sharp Stuff shall perform the services described in the Quote (the Services or Job). 

1.6. Sharp Stuff recommends a contingency of 10-20% is applied to all building material costs in the current economic environment. 

1.7. Sharp Stuff reserves the right to review these terms and conditions at any time.  If, following any such review, there is to be any change, that change will take effect from the date on which Sharp Stuff provides notice of the same.  If you do not agree with the changes, then you may stop using the Services. 

2. PRICE AND VARIATIONS

2.1. All prices are exclusive of GST unless otherwise stated. 

2.2. Any quote is valid for 7 days from the date of issue. 

2.3. Due to rapidly changing pricing of construction and building materials and supply constraints across the building industry, Sharp Stuff quotes and operates at ‘best endeavours’.  Quotes for materials are prepared based on availability and prices supplied by reputable industry providers on the day.  Material costs may increase significantly prior to commencement, or during the work to an extent of or a type that could not reasonably have been foreseen by Sharp Stuff.  As such, any jobs containing building materials will be subject to a contingency of 10-20% for material costs. 

2.4. The Customer agrees to pay the price agreed and charged as per the quote, invoice and terms of trade.  The price does not include any consents, fees, cost of power and services to the site and used by us, or replacement glass, broken in the repair of windows or door or utilities damage. 

2.5. Variations may be necessary where Sharp Stuff has provided provisional prices for work that cannot be firmly quoted prior to commencement because the client scope of work is uncertain. 

2.6. Variations may be necessary where Sharp Stuff has provided quoted prices for work where the nature of the job is only able to be completed by manual labour as machinery cannot access the site due to difficult site access and/or the work is over a large site.  As such, these jobs will be subject to a contingency of 20% for labour costs.  Jobs subject to this contingency will be identified and specified in the quote. 

2.7. You may also request a variation to the scope of the work – such as additional tasks to be undertaken by Sharp Stuff while onsite.  Refer to clause 1.3 

2.8. Where variations to the scope of the work requires a requote, refer to clause 1.3 

2.9. There are different possible types of variations to the Quoted price which may include preliminary remedial work or access requirements or any unforeseen work or materials required to complete the Services.  These may be charged for in addition to any amounts set out in the Quote, following consultation with you.  These may include but are not limited to:  Hire of job specific equipment, overweight refuse fees, additional labour.  If material costs increase significantly prior to commencement, or during the work to an extent of or a type that could not reasonably have been foreseen by Sharp Stuff, this will be oncharged to the Customer. 

2.10. Sharp Stuff shall keep you informed of any changes or circumstances likely to lead to a variation of price. 

2.11. If any variation is not agreed to by The Customer, either party may cancel the work. If the contract is cancelled under this clause all costs and expenses incurred or payable whether invoiced or not shall be payable immediately by The Customer and The Customer shall have no further claim against Sharp Stuff for unfinished work. 

2.12. Sharp Stuff may at its option change the specifications of the materials or work where necessary to correct any minor error or to substitute unavailable parts where such change does not result in a variation of price of more than 5%. 

2.13. Standard waste disposal allowance is 350 kg allowance per 3 cubic meters or (standard trailer size).  Waste disposal is estimated by cubic meter, any excessively heavy waste disposal that incurs overweight charges at the refuse station will be oncharged to the customer.  

3. WARRANTIES, EXCLUSIONS AND LIABILITY

3.1. The Customer accepts that Sharp Stuff are a general tradesperson and service provider.  Sharp Stuff will carry out the work in a professional tradesman like manner.  Services will be provided with reasonable care and skill.  When work is complete, the site will be left clean and tidy. 

3.2. In the event that workmanship is not of an acceptable standard which could reasonably be expected, Sharp Stuff will return and remedy the agreed defects. 

3.3. The Customer will notify Sharp Stuff of any appearance or finishing defects immediately when they become apparent, and within 30 days of work being finalised.  In any event, no later than 3 months after completion of all work, and we will inspect and repair or replace the defect as could be reasonably expected. 

3.4. Sharp Stuff will retain photographic evidence of all work undertaken for a period of six months.  Our warranty cover for other faults or failure due to our workmanship is three months and we shall repair defective workmanship for warranty claims made within that period. 

3.5. The Warranty for parts and materials supplied to us by other suppliers shall be the same as provided by the manufacturer or supplier of the materials. We shall arrange to replace or repair defective materials within the manufacture warranty period. 

3.6. Sharp Stuff shall not be responsible for any claim where materials are fitted, serviced or operated incorrectly by another person; or where products are in any way adapted to a use which they are not intended; or where the materials or property have not been maintained. 

3.7. We will exercise all care but we will not be responsible for glass broken during the repair and maintenance of windows, doors or conservatories. Any replacement glass required shall be at the Customer’s cost. Glass may crack or break due to conditions outside of our control or due to weakness or defects we cannot identify prior to commencing work. 

3.8. Excavation, We will exercise all care but we will not be responsible for any damage during excavation work to  utilities such as water, electricity, telephone/ fibre or gas lines, unless Sharp Stuff were notified of any potential issues prior to the date of excavation. 

3.9. Sharp Stuff will take all reasonable care when providing services to you.  However, except to the extent required by law, Sharp Stuff will not be liable to you for any loss, damage or expense that you may suffer or incur in connection with the provision of services, and in any case, the liability of Sharp Stuff will be limited to the actual direct damages suffered by you and will under no circumstances exceed the price of the services actually paid by you to Sharp Stuff.  Sharp Stuff shall not be liable for your indirect, consequential or special loss, or loss of profit, however arising, whether under contract, or otherwise. 

3.10.  Where you are not a ‘Consumer’ (as that term is defined in the Consumer Guarantees Act 1993) or where you are acquiring goods for the purpose of a business then: 

a) The provisions of the Consumer Guarantees Act 1993 shall not apply; 

b) The only warranties guarantees or undertakings we give you in relation to the goods (whether in relation to quality, fitness for purpose or otherwise) are those which we expressly stipulate to you in writing.    However where you are a Consumer and are not purchasing goods or services for the purpose of a business, then notwithstanding anything contained in these Terms and Conditions you shall have all of the rights conferred on Consumers by the Consumer Guarantees Act. 

c) A failure by Sharp Stuff to exercise any right under these terms and conditions is not a waiver of, or variation to, that right. 

d) If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected prejudiced or impaired. 

e) These terms and conditions shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand. 

4. CONSENTS AND PROPERTY REQUIREMENTS

4.1. If any consents or permits are required before, during or following completion of the work, The Customer will organise and pay for these and will provide full details of the same to Sharp Stuff. Sharp Stuff will not be responsible for establishing what the requirements are, and will not be liable for any work done in breach of any council or other requirements if Sharp Stuff have not been given the relevant details. 

4.2. The Customer will provide safe access to the property or work site and authorise Sharp Stuff to enter the property and to bring vehicles, equipment and materials on to the property for the purpose of undertaking the agreed work. Sharp Stuff will exercise all reasonable skill and care but accept no liability or responsibility for any damage or loss to the access way, or to any other property or services as a result of entry onto the property. 

4.3. The Customer warrants that you own the property or have absolute rights to authorise the work. You unreservedly indemnity Sharp Stuff against any claim, damages, loss, cost or harm that may be suffered as a consequence of Sharp Stuff carrying out the work where you were not so entitled or authorised. 

5. DELAY OR LOSS OUTSIDE OF OUR CONTROL

5.1. Sharp Stuff shall not be liable in any way to you or be deemed to be in breach of these Terms and Conditions if it fails to supply the Services as a result of anything outside of their reasonable control. 

5.2. Due to rapidly changing availability of construction and building materials and supply constraints across the building industry, Sharp Stuff quotes and operates at ‘best endeavours’.  Quotes for materials are prepared based on availability and prices supplied by reputable industry providers on the day.  Sharp Stuff will endeavour to obtain the materials as quoted, or if unavailable, source alternative product of equal or better quality in conjunction with the authoriser of the work. Refer Section 2. 

5.3. Neither party is liable for any loss or damage incurred by the other arising from any failure to perform the obligations of such party where failure arises from a shortage of or inability to supply labour and materials, failure of subcontractors, strikes, lock-outs, fire, earthquakes, hostilities, covid-19, government interference or any other cause of force majeure beyond the reasonable control of such party. 

6. PAYMENT

6.1. Statements are not issued by Sharp Stuff. 

6.2. All amounts payable by you in relation to the Services / Quote shall be payable either on completion of the job or upon receipt of invoice. 

6.3. Where a job duration exceeds 7 days invoices will be issued weekly and payable as a progress or part payment.  

6.4. Sharp Stuff may delay commencement or suspend works where payment of any amount is overdue by more than 7 days. 

6.5. All payments due shall be made without any deduction even if you consider you have a claim or dispute against Sharp Stuff. 

6.6. You shall be liable for all actual costs incurred by Sharp Stuff in collecting or enforcing any payments including full, actual legal costs. 

6.7. If you cancel the job/contract for any reason prior to completion Sharp Stuff may retain all payments made, and all payments due for work in progress and materials supplied or ordered on a no return basis shall become immediately due and payable. Sharp Stuff shall have no liability or continuing obligation to you for unfinished work 

6.8. We reserve the right to charge interest at 2.5% per month and to charge a late payment penalty of 10% on any overdue accounts.  If the account is not paid within 30 days of the due date, this may be referred to a debt collection agency for collection and you will be liable for all costs incurred in the recovery of the unpaid account including any legal costs, interest, commission payments and any other costs incurred.

7. OWNERSHIP AND INSURANCE

7.1. Sharp Stuff carries Public Liability Insurance, limit of indemnity $1,000,000 for lawn care and related work and $5,000,000 for waste removal related work. 

7.2. You are responsible for insuring the property (if necessary) for the duration of the work. You are responsible for risk to all materials and components that have been delivered to your property from the time they leave the control of Sharp Stuff or our suppliers. 

7.3. The ownership of all materials and products used or intended to be used shall not transfer to you until the total invoiced price is paid in full. 

8. DISPUTES

8.1. If there is dispute between the parties, both will use their best endeavours to resolve the dispute informally. If the dispute cannot be resolved, the dispute shall be managed through the Disputes Tribunal under the Disputes Tribunal Act 1988. 

9. CONFIDENTIALITY

In this section, “Damage” means both economic loss, loss of reputation and damage to reputation, work or professional standing and “Personal Information” means any information about or in connection with a party to this agreement.

9.1. Customer details may be used for Sharp Stuff marketing purposes but will not be released to any third party. All customer details will at all times be protected in accordance with the Privacy Act 2020.

9.2. Each party to this contract undertakes for the benefit of the other that they will not divulge to any person whatever or otherwise make use of any Personal Information relating to the other, which is learned as a result of this contract or any circumstance flowing from the contract; post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing, untruthful, misleading or damaging to the other party.

9.3. The Client accepts personal liability for compliance with these provisions by members of their family, friends (and staff).

9.4. No matter how this contract ends, this paragraph shall be effective for 5 years from the date of contract/job completion.