PHOENIX GARAGE DOORS LTD — TERMS AND CONDITIONS OF TRADE

1. GENERAL
The term “the Company” refers to Phoenix Garage Doors Ltd, and “the Client” refers to the person, firm, company, or entity seeking to be supplied with garage doors, automation systems, hardware, or installation services by the Company. The Client accepts that these terms shall govern relations between the Client and the Company to the exclusion of any other terms, including conditions, warranties, or representations, written or oral, expressed or implied, even if contained in any of the Client’s documents which purport to provide that the Client’s own terms shall prevail.

2. QUOTATION
Unless otherwise stated in writing, quotations remain valid for acceptance for 30 days from the date of issue.

3. ACCEPTANCE
Any deposit paid, purchase order issued, or written acceptance (including email) of the Company’s quotation by the Client shall be deemed an unqualified acceptance that these terms apply to the contract concluded between the Company and the Client for the supply and/or installation of goods and services.

4. PRICE & MEASUREMENTS
(a) If between the date of quotation and completion of the work any variations, additions, or alterations are requested by the Client outside of the quoted scope, the price payable will be adjusted accordingly.
(b) Where an initial estimate is based on plans or measurements provided by the Client prior to a final site measure by the Company, the Client is responsible for verifying the accuracy of those plans and dimensions before manufacture commences.

5. INSTALLATION & SITE ACCESS
(a) Where the price includes installation, it is based upon clear, safe, and uninterrupted access to a fully prepared garage opening and working area (including compliant framing, lintel support, and a standard 230V power outlet for automation) during normal working hours. If such access or preparation is not available upon arrival, the Company may charge the Client for any additional site visits or waiting time incurred.
(b) The Company shall exercise all reasonable care and skill in performing installation services.

6. PAYMENT
(a) Unless otherwise stated in the Company’s quotation or invoice, a deposit is required upon order confirmation to commence manufacture or procurement, with the balance strictly payable within 7 days of invoice or upon completion of installation, without deduction or set-off.
(b) The Company may require progress payments for staged deliveries or custom fabrication.
(c) Should the Client default in payment by the due date, the Company shall be entitled to charge default interest on the overdue amount at the rate of 20% per annum from the due date until payment in full, and may suspend further work or warranty support. In the event of default, the Client agrees to pay all reasonable debt collection costs, legal fees, and expenses incurred by the Company in recovering any overdue monies.

7. DELIVERY & LEAD TIMES
Delivery and installation dates are estimates given in good faith. While the Company will make every effort to meet scheduled dates, any delay outside the Company’s reasonable control shall not entitle the Client to cancel the contract or claim damages for such delay.

8. VARIATIONS OF TERMS
No variation of these terms, any quotation, or any contract shall be binding unless agreed to in writing by a director of Phoenix Garage Doors Ltd.

9. RISK AND RETENTION OF TITLE
Risk in all goods supplied by the Company passes to the Client upon delivery to site. Legal and beneficial ownership of all goods remains with Phoenix Garage Doors Ltd until the Client has paid in full for all goods and services supplied under the contract.

10. CONSUMER GUARANTEES ACT 1993
(a) Where goods or services are acquired by the Client for business or commercial purposes, the Client agrees that the provisions of the Consumer Guarantees Act 1993 do not apply.
(b) Nothing in these terms is intended to contract out of the Consumer Guarantees Act 1993 except to the extent permitted by law.

11. WARRANTY & DEFECTS
All new garage doors and openers supplied and installed by Phoenix Garage Doors Ltd are covered by our Manufacturer’s Product Warranty, subject to annual servicing and care requirements. Any visible delivery damage or installation defect must be reported to the Company in writing within 7 days of completion so the Company can inspect and remedy any confirmed defect in materials or workmanship.

12. CONDITION OF PREMISES
The Client warrants that the structure of the building, lintel, jambs, and slab into or onto which the garage door is to be installed is structurally sound, plumb, and level. Unless specifically stated in the quotation, the price does not include structural building alterations, electrical wiring, or steelwork modifications. Where vehicle access to the site opening is restricted, the Client must notify the Company prior to delivery.

13. PRIVACY & INFORMATION
In accordance with the Privacy Act 2020, the Client authorises the Company to collect, hold, and use information necessary for credit assessment, order fulfilment, invoicing, and client communication.

14. DISPUTE RESOLUTION
Should any dispute arise between the parties, both parties agree to first attempt resolution in good faith through direct negotiation, and if unresolved within 14 days, by mediation before a single mediator agreed by the parties (or nominated by the Arbitrators’ and Mediators’ Institute of New Zealand) prior to commencing formal proceedings, other than for recovery of an undisputed debt.

CONTACT DETAILS
Phoenix Garage Doors Ltd | 448 King Rd, Mangawhai | 021 980 588 | jet@phoenixgaragedoors.co.nz