Terms & Conditions
TERMS AND CONDITIONS
1. SAFETY PROTOCOLS
1.1 The client shall ensure that the designated work area is readily accessible and devoid of obstructions. AP Windows and Doors exercises the highest industry standards; however, liability for property damage or loss shall not be assumed unless directly attributable to demonstrable negligence.
1.2 To mitigate occupational hazards, all vulnerable individuals—including minors, elderly persons, and domestic animals—must remain at a safe distance from the operational site for the duration of the work.
1.3 Any pre-existing hazardous conditions at the property must be disclosed to AP Windows and Doors in advance of project commencement.
1.4 The client is responsible for ensuring compliance with New Zealand’s Health and Safety at Work Act 2015 while work is being carried out on the property.
2. PAYMENT TERMS AND CONDITIONS
2.1 Payment is due in full upon project completion. A detailed invoice specifying total costs, accepted payment methods, and due dates will be provided.
2.2 Certain projects necessitate an advance deposit prior to initiation of work.
2.3 Delayed payments shall accrue interest at a rate of 10% per annum, calculated on a daily basis from the invoice due date until the outstanding balance is settled.
2.4 The client is liable for any expenses incurred by AP Windows and Doors in pursuing overdue payments, including but not limited to legal and collection fees.
2.5 Routine account statements will not be issued.
2.6 In the event of contract termination initiated by the client before project completion, AP Windows and Doors reserves the right to retain any payments made and recover costs associated with materials procured or work completed.
2.7 If payment remains outstanding for 14 days beyond the invoice due date, AP Windows and Doors may, at its discretion, terminate the contract.
2.8 Any additional costs incurred due to unforeseen circumstances or changes in scope will be included in the final invoice.
3. PERMITS, AUTHORIZATION, AND PROPERTY OWNERSHIP
3.1 The client bears sole responsibility for obtaining all requisite permits and regulatory approvals before the initiation of any work. AP Windows and Doors shall not be held accountable for non-compliance with municipal or statutory obligations.
3.2 The client warrants that they possess unequivocal ownership rights to the property or explicit authorization to commission the specified work. AP Windows and Doors disclaims liability for any claims, financial obligations, or legal disputes arising from unauthorized work.
3.3 The client is required to maintain comprehensive insurance coverage on the property throughout the duration of the contracted work.
3.4 All materials and products supplied by AP Windows and Doors shall remain the property of the company until payment has been remitted in full.
4. DATA PRIVACY AND CONFIDENTIALITY
4.1 For details regarding the collection, storage, and handling of personal data, clients are advised to refer to AP Windows and Doors’ Privacy Policy.
4.2 AP Windows and Doors complies with the Privacy Act 2020 regarding the collection, use, and storage of personal information.
5. FORCE MAJEURE AND UNFORESEEABLE DELAYS
5.1 Neither party shall be deemed liable for delays, disruptions, or material losses attributable to unforeseen events beyond their reasonable control. Such events may include but are not limited to acts of nature, labor strikes, supply shortages, subcontractor failures, or government interventions.
5.2 If an unforeseeable delay occurs, AP Windows and Doors will communicate any new timeframes to the client as soon as practicable.
6. DISPUTE RESOLUTION MECHANISM
6.1 The parties shall endeavor to resolve disputes amicably through informal negotiation. Should resolution prove unattainable, arbitration proceedings shall be conducted in accordance with the Construction Contracts Regulations 2003.
6.2 If disputes arise concerning defective workmanship, the client must provide written notice to AP Windows and Doors within 10 business days of project completion.
7. WARRANTY AND LIABILITY PROVISIONS
7.1 AP Windows and Doors guarantees all workmanship for a period of 12 months following project completion, in compliance with the Consumer Guarantees Act 1993.
7.2 Defective materials shall be repaired or replaced in accordance with the terms of the manufacturer’s warranty.
7.3 The company assumes no responsibility for product deficiencies resulting from improper use, unauthorized alterations, or inadequate maintenance.
7.4 Given the inherent fragility of glass, AP Windows and Doors shall not be held liable for incidental breakage during repair or installation.
7.5 While every reasonable effort will be made to address leaks and drafts, absolute remediation cannot be guaranteed.
7.6 AP Windows and Doors is not liable for any damage caused by existing structural weaknesses or defects in the property.
8. MODIFICATIONS TO COSTS OR SCOPE OF WORK
8.1 Any deviations from agreed-upon pricing, materials, or project scope require formal written consent from both parties.
8.2 Minor cost or product variations may occur due to supply chain fluctuations or necessary material substitutions.
8.3 If unforeseen circumstances necessitate additional or remedial work, project costs and timelines may be adjusted accordingly.
8.4 AP Windows and Doors reserves the right to revise pricing structures if significant material cost fluctuations arise before or during the execution of work.
8.5 In cases where a proposed modification is not mutually agreed upon, either party may terminate the contract, with the client being responsible for all costs incurred up to the termination date. No further claims may be made against AP Windows and Doors.
9. ADDITIONAL EXPENSES
9.1 Services performed outside of standard business hours may be subject to additional labor charges.
9.2 If additional labor or materials are required due to inaccurate client-provided information, the client will be responsible for any related costs.
10. CANCELLATION POLICY
10.1 If the client cancels the contract after work has commenced, they will be liable for all costs incurred, including labor and materials ordered.
10.2 AP Windows and Doors reserves the right to cancel the contract at any time due to non-payment, site safety concerns, or failure to obtain necessary permits.
11. GOVERNING LAW
11.1 These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand.
11.2 Any disputes that require legal action will be subject to the jurisdiction of New Zealand courts.