TERMS & CONDITIONS

This document sets out the terms and conditions upon which Brightside Exterior Care will provide you our Services.

 By signing an agreement for work to proceed with one of our representatives, you agree to be bound by our Terms and Conditions.

1. DEFINITIONS

In these Terms and Conditions:

“we”, “us” or “our” means the company detailed above trading as Brightside Exterior Care Ltd;
“you” or “your” means the customer that requested the job.
“Services” means the on-site building, handyman, and maintenance work reasonably requested by you and provided by us during a job
“Labour cost” means the hours worked by us to complete your job,

2. JOBS

Where you sign a work agreement for a job, we will attend the premises for that job at the arranged time unless there are unforeseen circumstances, in which case contact will be made with you.

3. SERVICES

In consideration of the Fees, we will perform the Services in accordance with these Terms and Conditions.
We may provide an estimate of the time required to provide any Services.
However, we do not guarantee any estimate of time will be accurate.
To enable us to undertake the Services:
you must provide us all information, assistance, co-operation and access to premises and equipment that we may reasonably require to undertake the Services; and
We will use reasonable endeavours to achieve the objectives of the Services but we provide no guarantee, and we will not be liable for any failure to meet the objectives.

Although of course we will take utmost care while washing your home, we will not be held liable for damage incurred due to pre-existing conditions. If you have for instance rotten wood covered by paint work, or paint work that is shoddy, or likely to flake during the treatment, and that is not obvious before we begin the job, we will not take financial liability for any damage. We do everything possible to take care while treating your home. Again we will make an assessment at the time of quote, but any pre-existing issues will not be reason to forgo payment of the completed treatment within the 7 days agreed upon.

4. PAYMENT

We will invoice on completion of each job and you must pay those Fees to us within 7 days of invoicing.
Payment must be made in cash or by internet banking.
If you do not pay on time, you must pay interest to us at the rate of 10% per month from the due date until the date payment is received by us in full and you must pay any additional debt collection costs.

5. CONFIDENTIALITY

We will maintain as secret and confidential all information we obtain from you in providing the Services and will not use that information for any reason other than as necessary for providing the Services. This obligation will not apply to information that is in the public domain or that is known to us or obtained by us without breaching any obligation to you or that we are required to disclose by law.
You authorise us to collect, retain, use and provide to our staff and agents any personal information (“Information”) about you for the purposes of meeting our obligations to you, and enforcing our rights against you.

7. LIABILITY

In no event will we be liable (whether in contract, tort or negligence) to you for:
(a) loss of profits or savings, loss of goodwill or opportunity, or wasted staff time; or
(b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services or Products supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.

To the extent allowed by law, our total liability under any claim of any nature arising directly or indirectly from any Service will not exceed the Fees paid by you for that Service.
You indemnify us against any and all liability, losses, damages, costs and expenses of any nature whatsoever awarded against, incurred or suffered by us, whether direct or consequential, arising out of or resulting from your breach of being authorised to arrange the job.

8. TERMINATION

We may immediately terminate the agreement between us if we consider:
(a) you are in breach of these Terms and Conditions;
(b) there is any threat to the safety of any of our staff or agents;
(c) you are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.

If we terminate our agreement we will cease to undertake the Services and all Fees incurred up to that time will immediately become payable.

9. GENERAL

We will not be liable to you for any breach or failure to perform any of our obligations where such breach or failure is caused by anything beyond our reasonable control, including (without limitation) inability to obtain supplies, war, civil commotion, terrorism, strike, lockout, other industrial act, weather phenomena or other act of God.

We may amend these Terms and Conditions from time to time. The current Terms and Conditions at any time are available on our website www.brightsideexterior.co.nz

These Terms and Conditions and any ordering document we may provide you contain the whole of the contract and understanding between you and us relating to the matters covered by these Terms and Conditions.
New Zealand law governs the formation, validity, construction and performance of these Terms and Conditions.