Standard terms and conditions of quotation

“Quotation” means the priced document to which these Terms and Conditions are attached or referred, including any drawings, specifications, and schedules named in it.

“Contract” means the agreement formed between Nelson Interiors and the Client on acceptance of the Quotation, comprising the Quotation, these Terms and Conditions, and any documents expressly incorporated by reference.

“Site” means the premises where the Works are to be carried out.

“Variation” means any change to the scope, specification, sequence, or programme of the Works requested by the Client or required due to circumstances beyond our reasonable control.

“Practical Completion” means the stage at which the Works are complete except for minor omissions and defects that do not prevent the Site being used for its intended purpose.

This Quotation is valid for 60 days from the date of issue unless a different period is stated on the Quotation. After this period, prices may be revised to reflect changes in material costs, subcontractor pricing, or supplier lead times.

The Quotation is based on the drawings, specifications, and site information available to us at the time of pricing, and on the assumption that the Site is accessible, in the condition described to us, and free of concealed defects. Where actual conditions differ, we reserve the right to issue a revised Quotation or price the difference as a Variation.

Acceptance occurs when you sign and return the Quotation, issue a purchase order referencing it, pay the deposit requested, or instruct us in writing to commence the Works, whichever occurs first.

This Quotation is not exclusive to you and does not reserve labour, materials, or a place in our works programme until it has been accepted and a start date confirmed in writing.

All prices are in New Zealand dollars and, unless stated otherwise, are exclusive of GST. GST will be added at the prevailing rate and shown separately on invoices.

Prices are based on current material, freight, and subcontractor costs at the date of the Quotation. Where the Contract programme extends beyond 60 days from acceptance, or where supplier costs increase due to matters outside our control (including currency movements, freight surcharges, or manufacturer price rises), we may pass through reasonable cost increases on written notice to you before the affected items are ordered.

Provisional sums, prime cost sums, and allowances noted in the Quotation are estimates only. The Contract price will be adjusted to reflect the actual cost of the item once selected or finalised, plus our standard margin.

The Quotation excludes, unless specifically listed as included: resource or building consent fees, engineering or producer statements, asbestos testing and removal, make-good of existing services not shown on supplied drawings, out-of-hours or weekend labour, and any work to structure, fire, seismic, or services systems not described in the scope of works.

A deposit (if stated on the Quotation) is payable before the Works are scheduled or materials ordered. For projects with a programme longer than four weeks, we will invoice progress payments at agreed milestones or monthly, whichever is stated on the Quotation.

Invoices are payable within 20 days EOM of the invoice date unless otherwise agreed in writing, in accordance with the Construction Contracts Act 2002. Payment claims and payment schedules will be issued and responded to in accordance with that Act where it applies to the Contract.

Where a retention is expressly agreed in the Quotation, it will not exceed 5% of the Contract price (unless otherwise agreed). Half of the retention is released at Practical Completion and the balance at the end of the Defects Liability Period defined in clause 8, provided all identified defects have been remedied. No retention applies unless specifically stated on the Quotation.

Interest at 1.5% per month (or part thereof) applies to any amount unpaid after the due date. You are liable for our reasonable debt recovery costs, including agency and legal fees, incurred in recovering overdue amounts.

We retain title to all materials and fixtures supplied under the Contract until payment in full has been received, notwithstanding that the materials may have been fixed to the Site. If payment is overdue, we may suspend the Works and, where fixed materials remain unpaid for more than 20 working days, may re-enter the Site to remove unfixed materials on reasonable notice.

Any change to the scope of work requested by the Client, or required as a result of site conditions, statutory requirements, or design changes not caused by us, will be priced and issued as a Variation before it is carried out, except where the change is required for safety reasons or to avoid delay and prior pricing is not practicable.

Verbal instructions to proceed with a Variation will be confirmed in writing (including by email or text message) and are chargeable on that basis. We are not obliged to carry out a Variation until it has been agreed, but may proceed at our discretion where delay would otherwise result and will confirm pricing as soon as practicable afterward.

Variations may affect the completion date. We will advise of any resulting programme impact when the Variation is priced.

Any extra works required by sub trades on site (eg: fixings/blocking in walls or ceilings) not specified in the quotation will be treated as a Variation.

Programme dates given in the Quotation are estimates based on normal working hours, timely decisions from the Client, unobstructed access to the Site, and the availability of materials at current supplier lead times. We are not liable for delay caused by matters outside our reasonable control, including weather, subcontractor or supplier delay, other trades on Site, late instructions or approvals, or Site conditions differing from those described to us.

The Client will provide safe, continuous access to the Site during agreed working hours, including power and water where required, and will ensure the Site is clear of other trades’ work that would obstruct our Works, unless otherwise agreed.

Where the Site is occupied or shared with other trades or the Client’s staff, the Client will coordinate access and sequencing with us in advance. We may adjust the programme where access is restricted.

Nelson Interiors is a Person Conducting a Business or Undertaking (PCBU) under the Health and Safety at Work Act 2015 and will carry out the Works in accordance with a site-specific safe work method and our health and safety policies.

Where the Client, its principal contractor, or another PCBU has management or control of the Site, the parties will cooperate, consult, and coordinate on health and safety matters, including hazard identification, as required under the Act. The Client will advise us of any known hazards at the Site (including asbestos-containing materials) before Works commence.

We may stop work without penalty where we reasonably consider a Site condition presents a risk to health and safety until that risk has been addressed.

We warrant that the Works will be carried out with reasonable skill and care, using suitable materials, and in accordance with the New Zealand Building Code and relevant standards applicable to the scope of work.

A Defects Liability Period of 12 months applies from the date of Practical Completion. During this period, we will remedy, at our cost, any defect in workmanship or materials supplied by us that is notified to us in writing, provided the defect is not caused by fair wear and tear, misuse, inadequate maintenance, works by others, or normal movement and settlement.

Manufacturer warranties on products and systems we install (including suspended ceiling, partition, and acoustic systems) are passed through to the Client on their standard terms and are additional to, not in substitution for, clause 8.2.

Where the Client is acquiring the Works for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by section 43 of that Act, and the warranties in this clause 8 apply in its place.

Identification, testing, and removal of asbestos or other hazardous materials

Work to existing structure, services, or fire systems concealed at the time of quoting and not shown on drawings supplied to us

Building consent and resource consent applications, fees, and associated professional or engineering reports

Making good of surfaces or finishes outside the defined scope of work

Relocation or protection of the Client’s furniture, equipment, or stock, unless specifically priced

Any delay costs, rework, or additional supervision arising from information, decisions, or approvals not provided by the Client within a reasonable time

We hold public liability and contract works insurance appropriate to the scope of the Works and will provide evidence of current cover on request.

Our total liability to you arising from or in connection with the Contract, whether in contract, tort, or otherwise, is limited to the value of the Contract price, except in respect of death, personal injury, or matters that cannot lawfully be limited or excluded.

Neither party is liable to the other for indirect or consequential loss, including loss of profits, revenue, or business interruption, arising from or in connection with the Contract.

If you cancel the Contract after acceptance but before the Works commence, you will be liable for costs reasonably incurred by us up to the date of cancellation, including materials ordered and design or administrative time, up to the value of any deposit paid.

If you cancel after the Works have commenced, you will be liable for the value of Works completed to that date, materials ordered or committed on your behalf, and any reasonable demobilisation costs.

Design concepts, drawings, layouts, and specifications prepared by Nelson Interiors remain our intellectual property until the Contract price has been paid in full. Once paid in full, you may use them for the purposes of the completed project at this Site.

Designs and drawings prepared by us as part of a Quotation may not be used to obtain competing quotations or be provided to a third party without our written consent.

Neither party is liable for failure or delay in performing its obligations under the Contract to the extent caused by events beyond its reasonable control, including natural disaster, civil emergency, pandemic-related restrictions, or supply chain disruption affecting the wider industry. The affected party will notify the other as soon as practicable and both parties will act in good faith to minimise any resulting delay or cost.

If a dispute arises under the Contract, the parties will first attempt to resolve it through direct discussion between authorised representatives within 10 working days.

If unresolved, either party may refer the dispute to mediation before a mediator agreed between the parties, or, failing agreement, appointed by the Resolution Institute. Nothing in this clause prevents either party from exercising adjudication rights under the Construction Contracts Act 2002 at any time.

These Terms and Conditions, together with the Quotation, constitute the entire agreement between the parties and supersede all prior discussions relating to the Works, unless varied in writing signed by both parties.

If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions continue in full force.

The Contract is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

Nelson Interiors may update these standard Terms and Conditions from time to time; the version referenced on your Quotation is the version that applies to your Contract.