Terms of Service
Please read our Terms of Service carefully. It is the policy of No.8 Recyclers to strictly enforce its Terms of Service in the event of any dispute. This Agreement sets forth the general terms and conditions of your use of the items and services made available by No.8 Recyclers Limited.
Good communication and fair notice from all parties helps to participate in the cooperation of this service agreement.
Interpretation and Definitions
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
i. Client (referred to also as “You” or “Customer”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ii. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to No.8 Recyclers Limited, 8 Gough St, Seaview, Lower Hutt, Wellington, 5010.
iii. Item refers to any product sold, restored or repaired by Us. Anything related to doors, windows and/or floorboards.
iv. Quotation refers to a costs estimate made by Us to perform a Service.
v. Service refers to any sale, repair, restoration, installation and general workshop services offered by No.8 Recyclers and performed to Customer’s items.
vi. Terms of Service (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
1. About this contract
1.1 Our terms of service represent a contract that comes into force on agreeing the time and a date to commence for specific restoration, installation or repair work requirements to be undertaken or when a sale has been finalised. This contract is made between No.8 Recyclers and you, the Client/Company.
1.2 You agree that any use of the Services shall constitute your acceptance of our Terms of Service.
1.3 No.8 Recyclers reserves the right to reasonably change, without notice, any part or condition or wording of these terms and conditions.
1.4 These terms may only be altered or partially or fully waived by a specific written instrument (e.g. a contract or acceptance of order) duly signed by No.8 Recyclers. The terms and conditions of a specific contract or acceptance of order signed by No.8 Recyclers shall prevail over the present Terms of Service and the Terms of Service shall then apply as a supplement to the terms and conditions of the specific contract or acceptance of order.
2.1 The Services shall be rendered in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by mutual agreement from time to time).
2.2 Any Item sold in-store has the acceptance from the Client to receive the purchased Item as is. Any repair, restoration or adjustment wanted – or needed – will be characterised as extra work and a Quotation will be provided by Us.
2.3 We use recycled materials which can be reflected in the final product. By hiring Our Services, the Client understands that minor work may be required once received. The Client also ensures that any provided measurement is correct and the final product will reflect it. The Company will not be responsible for any changes requested after confirmation of the Service.
3. Consents and Property Requirements
3.1 If any consents or permits are required before, during or following completion of the work, You shall organise and pay for these and shall provide full details of the same to the Company. We will not be responsible for establishing what the requirements are, nor liable for any work done in breach of any council or other requirement if we have not been given details.
3.2 You need to ensure that we have safe access to the property and the work site and you authorise Us to enter the property and to bring vehicles, equipment and materials on to the property for the purpose of this Contract. We will exercise all reasonable skill and care but accept no liability or responsibility for any damage or loss to the access way, or to any other property or services as a result of entry on to the property, unless We have been negligent.
3.3 You warrant that you own the property or have absolute rights to authorise the work. You unreservedly indemnify No.8 Recyclers against any claim, damages, loss, cost or harm that may be suffered as a consequence of No.8 Recyclers carrying out the work where You were not so entitled or authorised.
4.1 The price of the Services will be in accordance with the Quotation provided by No.8 Recyclers.
4.2 A Quotation provided by Us is fixed and remains valid for a period of thirty (30) days from the date of the final quotation unless:
i. otherwise set out in the Quotation; or
ii. agreed to in writing between the Client and the Company.
4.3 The price stipulated in the Quotation is to perform the Service as described in it. If the Client desires anything extra and/or different, a new Quotation must be provided by Us, which will automatically annul the previous Quotation.
5.1 Unless otherwise agreed to by the parties in writing, the Client shall make a payment equal or greater than fifty percent (50%) of the total price quoted prior to commencement of the Services.
5.2 Time for payment of the price of the Services shall be of the essence, and if the Client fails to pay the price when due, We may treat the Contract as repudiated by the Client and may suspend performance of the Services, the subject of the Contract, and any services the subject of any other Contract with the Client without incurring any liability whatsoever to the Client in respect thereof.
5.3 If the Client fails to make payment in accordance with this clause, the Client shall pay in addition to the purchase price and/or such other amounts that are due and payable to the Company, a sum equivalent to the business overdraft rate published from time to time by the Kiwibank Limited until all amounts payable to the Company have been paid in full.
5.4 All payments due shall be made without any set off or deduction even if you consider you have a claim or dispute against No.8 Recyclers.
5.5 If You cancel the Contract for any reason prior to completion, No.8 Recyclers may retain all payments made, and all payments due for work in progress and materials supplied or ordered on a no return basis shall become immediately due and payable. No.8 Recyclers shall have no liability or continuing obligation to you for unfinished work.
5.6 You shall be liable for all actual costs incurred by No.8 Recyclers in collecting or enforcing any payments including full, actual legal costs.
6. Warranties, Exclusions and Liability
6.1 No.8 Recyclers will carry out the work in a thorough and tradesman like manner and will apply and affix all materials in accordance with manufacturers specifications.
6.2 You agree that any appearance or finishing defects will be notified to us within 30 (thirty) days of the work being finalised or the defect becoming apparent and in any event no later than 3 (three) months after completion of all work, and we will inspect and repair or replace the defect.
6.3 Our Warranty cover for other faults or failure due to our workmanship is 1 (one) year and we shall repair defective workmanship for warranty claims made within that period subjected to the following conditions:
i. All joinery repairs must be sealed and painted with exterior grade paint; and
ii. The door is protected from excessive weather exposure.
6.4 The Warranty for parts and materials supplied to Us by other suppliers shall be the same as provided by the manufacturer or supplier of the materials. We shall arrange to replace or repair defective materials within the manufacturer warranty period.
6.5 No 8. Recyclers shall not be responsible for any claim where materials are fitted, serviced or operated incorrectly by another person or company; or where products are in any way adapted to a use which they are not intended; or where the materials or property have not been maintained.
6.6 We will be responsible for glass broken during the repair and maintenance of windows, doors or conservatories. Any replacement glass required will be provided by Us unless the crack or break is due to conditions outside our control.
6.7 We do not unconditionally guarantee work or repairs undertaken for leak or draught problems. We will analyse leaks or draught problems and to the best of our ability make repair or remedial works. You acknowledge that No.8 Recyclers does not warrant that, following completion of the work, the property will meet current Building Code requirements in all respects in relation to weather-tightness.
6.8 Our liability in any circumstances to any person is limited to repair or replacement of the work or to the contract price, and only for claims made within the warranty period. We will not be liable for any consequential, indirect or special damage or loss.
6.9 Unless agreed by No.8 Recyclers and the Client in written, the Services provided by Us and Items sold in-store are not returnable nor refundable.
7. Ownership and Insurance
7.1 You are responsible for insuring the property (if necessary) for the duration of the work. You are responsible for risk to all materials and components that have been delivered to your property from the time they leave the control of No 8. Recyclers or our supplier.
7.2 The ownership in all materials and products used or intended to be used shall not transfer to you until the total Contract Price is paid in full.
8.1 If there is a dispute between the parties, both use their best endeavours to resolve the dispute informally. If the dispute can not be resolved, the dispute shall be referred to arbitration under the Constructions Contracts Regulations 2003. If any dispute is not resolved within 30 days of first being referred to arbitration either party may elect to cancel the remainder of the contract without prejudice to any undisputed payment due by the client or the outcome of the arbitration.
9. Delay or Loss Outside Our Control
9.1 Neither party is liable for any loss or damage incurred by the other arising from any failure to perform the obligations of such party where failure arises from strikes, lock-outs, lock-downs, fire, earthquakes, hostilities, government interference or any other cause of force majeure beyond the reasonable control of such party.
10. Equal Opportunities
10.1 No.8 Recyclers is an equal opportunities employer. We recruit our staff on the basis of their ability to do the job and aim to ensure that all our staff are treated equally regardless of ethnic origin, religion, sex, age, marital status, nationality, sexual orientation or disability.