Terms of Trade
021 0288 0229
admin@nextlevelpainting.co.nz
820 Karamu Road North, Hastings
General
In these terms of trade, “Company” means NextLevel Painting Limited.
The “Customer” means the purchaser of goods and/or services.
Any goods or services supplied or completed by the Company for the Customer will be supplied on these terms and conditions.
Any orders placed by the Customer are deemed to comply with these terms and conditions.
Price
The price quoted by the Company is the fixed price for the goods and/or services specified in the quote.
Any increase in price will only occur if there is a variation to the original scope of work agreed by the Customer.
Prices are shown on invoices both GST exclusive and GST inclusive for transparency.
Labour costs include travel, material procurement, and administration related to the job.
Payment
Private Clients (Residential / Homeowners / Private source)
Jobs under $10,000:
20% deposit upfront
80% balance on completion
Payment due on the date specified on each invoice
Jobs $10,000 and over:
20% deposit upfront
40% at ~60% completion
40% at completion
Payment due on the date specified on each invoice
Business / Company Clients
Jobs under $10,000:
No progress claims apply
Payment due on the date specified on the invoice
Jobs $10,000 and over:
Stage 1 – Mobilisation: 20% at project commencement
Stage 2 – Mid-Project Milestone: 40% at agreed milestone completion
Stage 3 – Completion: 40% at completion
Doors - Completion: Invoiced separately on completion.
Payment due on the date specified on each invoice
Other Terms
Late payment interest: 10% per month on overdue amounts
Personal guarantee: Directors of company clients personally guarantee payment
By accepting a quote or paying any deposit, the Customer agrees to these Terms of Trade
Credit
The Company reserves the right to refuse credit.
Orders
Issue of an order constitutes acceptance of these terms, regardless of terms stated by the Customer.
Suspension or Cancellation
If work is suspended or cancelled at the Customer’s request, the Company may charge additional costs incurred.
Progress Claims
Private Clients (Residential / Homeowners / Private source)
For jobs over $10,000, progress payments will be invoiced according to the milestones defined by the Company (e.g., ~60% completion, final completion).
Payment is due on the date specified on each invoice.
Progress payments do not override the Customer’s statutory rights under the Consumer Guarantees Act 1993.
Business / Company Clients
For jobs over $10,000, progress claims will be issued at stages specified by the Company (e.g., mobilisation, mid-project milestone, completion).
These claims are issued under the Construction Contracts Act 2002, which gives the Customer the legal right to provide a Payment Schedule if they disagree with the claimed amount.
If the Customer does not provide a Payment Schedule, the full claimed amount is due and payable.
Payment for each progress claim is due on the date specified on the invoice.
Variations or additional work outside the original scope will be invoiced separately as progress claims.
General
The Company determines the timing and amount of progress claims; clients are obligated to pay each claim on the invoice due date.
Disputes
Disputed amounts must be notified within 7 days of invoice receipt.
Non-disputed amounts are to be paid promptly.
Parties agree to attempt resolution via mediation before legal action.
Quoted Work
Quotes are valid for 30 days unless otherwise stated.
Quotes exclude GST unless stated.
Progress claims will be invoiced as work progresses.
Retentions
Any retention amounts must be disclosed and agreed at the time the quote is accepted.
Variations
Variations are invoiced at the end of the month in which they were carried out and payable as per payment terms.
Property
Ownership of goods remains with the Company until full payment is received.
The Customer holds goods as bailee until paid.
Company may repossess goods if payment is not made.
Health and Safety
All subcontractors must comply with the Company’s Health and Safety Policy.
Force Majeure
The Company is not liable for failure to meet obligations due to circumstances outside its control.
Limitation of Liability
For business purposes, warranties under the Consumer Guarantees Act 1993 are excluded.
Liability is limited to repair, replacement, or refund for work rejected by the Customer.
No liability if work is altered by others or subject to abnormal use.
Claims must be notified within 12 months of completion and 7 days of defect discovery.