Terms and Conditions

SMART SHEDS TERMS AND CONDITIONS OF SALE

All goods and services supplied by Smart Sheds Limited (“we”, “us”, “our” or "builder") to the Customer (“the Customer”, "Owner", “you” or “your”) are supplied on the following terms:

1. MATERIALS AND SERVICES QUOTED

All quotes are valid for 30 days and we reserve the right to modify our price and specifications if required, including for supplier price increases that may arise after accepting a quote. All quotes are based on preliminary plans and material lists only and will be subject to the final engineered drawings and any price amendments that may be applicable. All materials supplied will be based on the customer quote provided and any schedule of materials and quantities provided with the final drawings are for reference only and may include items not included in the quote. In all cases final specifications will comply with the applicable Building Code requirements.

2. BUILDING ASSEMBLY and INSURANCE

Work will commence and be completed as stated in the full build agreement unless there are agreed Variations and Time Extensions or circumstances outside the Builder’s reasonable control. Expected Completion Date is to Practical Completion, unless otherwise stated. If applicable, insurance details will be noted in the full build agreement.

3. SUPPLY AND DELIVERY

Any time stated for the supply and delivery of goods and services is an estimate only, and we will not be liable in any way for any delay or loss suffered by you (including direct or consequential costs), however caused. We reserve the right to re-price any goods or services if supply or delivery is unable to be completed within 2 months of the customer accepting the quote or confirming an order, whichever is earlier (Including delays due to an event or circumstance that was not foreseeable and beyond our reasonable control). Delivery of all goods will be deemed to be completed upon collection of the goods by you, or delivery of the goods to your nominated delivery address or carrier (as applicable).  A nominated delivery address must have good, unrestricted, and safe access for large trucks.

4. RISK AND OWNERSHIP

Risk in respect of all goods passes to you when delivery of the goods is deemed to have been completed.  Ownership of all goods remains with us until payment is received in full in respect of those goods. While under our ownership, our representatives may enter the premises where the goods are stored at any time and remove them. We will not be responsible for any loss, damage or costs which arise as a result of such entry and repossession. We may resell the goods to recover any outstanding debt owed by you.

5.  TERMS OF PAYMENT AND PRICES

All prices exclude gst unless otherwise stated. Pricing is based on a level site on soil with an ultimate bearing capacity of 300 kPa. A non-refundable deposit is required to confirm any purchase. If a purchase requires specialist services or made-to-order items we will require payment to cover these items prior to ordering.  

The Contract Price shall be payable by the Owner to the Builder in progress payments according to the Payment Schedule set out in the Specific Terms of the Full Build Contract. Payment is due within five Working Days of the Owner receiving a Payment Claim. 

Any variation to these payment terms must be agreed in writing by both parties. Errors or omissions made by us in any pricing, quoting or invoicing are subject to correction by us. Without prejudice to any other rights, we may set off any debts or liabilities of you to us against any monies payable by us to you. When pricing we will always apply “good faith” and quote a project based on our interpretation of the information we have received from you. We take no responsibility for quoting, designing, supplying or building anything other than what we have quoted. It is the client’s responsibility to check all specifications meet their requirements, and if not to inform us in writing and for us to acknowledge receipt of this instruction from you in writing.

6. WARRANTIES AND LIABILITY

Where the goods are being acquired for the purpose of a business, the statutory guarantees under the applicable Consumer Acts are excluded to the fullest extent permitted by law. In the event those statutory guarantees do apply, these terms will be interpreted subject to those Acts. Defective goods or goods that do not comply with the contract will at our discretion be repaired or replaced, or the price of these goods refunded at our option. Our liability in respect of all goods and services is limited to this repair, replacement or refund, and we will not be liable (whether in contract, tort or otherwise) in respect of any other loss, injury or damage suffered by you, howsoever arising.

The plans and the accepted quote constitute the entire agreement between the parties and take precedence over all other communications between the parties be they oral or written. If there is any discrepancy between the plans and specifications the plans shall take precedence. Variations can be made and if so, additional costs may apply.

Any right that you may have to reject non-conforming or defective goods or services shall only be effective if you notify us in writing immediately following delivery and we are given the opportunity to inspect the goods on site where the services were performed (as relevant). Our sheds are designed based on noted design loadings. As these can vary on the same property it is the client’s responsibility to ensure the assumed design loadings are applicable, and that the expected and any future end uses for the shed are appropriate for the design and materials supplied.

It is the clients responsibility to inform us of any underground services that may affect construction work, prior to the commencement of any work.

Except for any written warranties given by us to you, all warranties and representations (including those expressed or implied by law and those made by our agent) in respect of goods and services supplied are excluded to the fullest extent permitted by law. 

We will not be liable for any failure or delay in performing any of our obligations in these terms if it is due any event or circumstance that was not foreseeable and beyond our reasonable control

7. DEFAULT

If you do not pay the balance of the contract price by the due date, default interest may be payable by you, at our discretion, at a rate based on the Reserve Bank of New Zealand base lending rate applicable on the afternoon on the date of the Payment Claim plus 5%, calculated on a daily basis on the unpaid proportion of the price from the due date until payment is made in full, both before and after judgement. We are entitled to recover from you all legal, client-solicitor and other costs incurred by us arising from the collection of the outstanding amount owing, or late payment, non-payment or other breach of these terms by you.  In the event of payment not being made by the due date we shall be entitled to (without prejudice to any other right or remedy) suspend or terminate the contract (without prejudice to any party’s rights or liabilities which accrued prior to suspension or termination) or take steps as we consider necessary to recover outstanding amounts.  

8. COPYRIGHT AND TECHNICAL INFORMATION

Ownership of all intellectual property rights in all drawings, specifications and other technical information provided or used by us in connection with the contract is vested exclusively in us. None of this information may be re sold, transferred or divulged to any party by you or on your behalf without our written consent.

10. GENERAL

We may from time to time amend these terms and conditions without notice. We may photograph the building project and use the photographs for promotional purposes. The customer acknowledges that through acceptance of these terms the customer grants a security interest (by virtue of the retention of title set out in these terms) to us for all goods supplied by us to the customer. If there is any inconsistency between the Smart Sheds Terms and Conditions of Sale and the Full Build Contract, the Full Build Contract will prevail.

Last updated: 4th June 2022