Terms & Conditions

PART A: TERMS OF TRADE FOR METALWORKS WANAKA 2017 LIMITED (Purchases & Commissions)

NOTE: These Terms of Trade apply to all purchases, commissions, custom work, and services provided by Metalworks Wanaka 2017 Limited, including the supply of materials, fabrication, installation, and restoration work.

In consideration of us, Metalworks Wanaka 2017 Limited (“the Company”, “We”, “Us”) providing you, the Customer, with metalwork, engineering, installation and restoration services and/or the ordering and supply of materials (“Services”), you agree that these Terms of Trade (“Terms”) apply to and are deemed to be incorporated in all agreements to provide the Services that we have with you. These Terms apply to all Services undertaken by us for you unless otherwise agreed in writing.

If you are not willing to comply with these Terms, you must advise us immediately. If we don’t hear from you within 48 hours of sending you the Terms, we will take this as your acceptance of the Terms.

These Terms replace any earlier terms (whether verbal or in writing), are subject to change at any time with immediate effect and you agree to be bound by any replacement terms. We are not required to provide you with notice that these Terms have changed and you can request a copy of the most current terms from us at any time. These Terms and any updated version are also available at www.metalworkswanaka.co.nz.

General

We will complete the Services with all reasonable speed and efficiency, and with reasonable care, skill and good workmanship. We will endeavour to do our best to meet your timing requirements and will keep you informed of progress however we shall not be responsible for any delays due to weather conditions, shortage of materials, business disruption, inevitable accident or any other cause beyond our reasonable control.
It is acknowledged that the contract price given does not include additional expenses incurred which are necessary due to changes made at your request.
It is further acknowledged that the contract price given has been based on the information supplied by you or your agent, and as such is subject to the accuracy of that information.
We reserve the right to amend the contract price in circumstances where the final product to be supplied to you amounts to an alteration or variation which is found to be outside of the specifications on which the original contract price was provided.

Estimates

We will endeavour to hold any estimate given to you for thirty (30) days and to ensure that, if engaged by you, we do not go beyond our estimate by more than 20% of the estimated price. However we reserve the right to exceed our estimate by more than 20% if necessary and particularly to pass on to you any significant increases in the costs of providing materials, of the Services, such as (but not limited to) increased labour costs and increases in the cost of the materials that may occur between the date of the estimate and the date the materials are ordered.

Quotes

We will endeavour to hold any price quoted to you for thirty (30) days, however we reserve the right to pass on to you any increases in the costs of materials and providing the Services, such as (but not limited to) increased labour costs, and increases in the cost of the materials that may occur between the date of the quote and the date the materials are ordered; and if installation is requested increases in the cost of installation.

Confirmation and Deposit

We require written confirmation from you accepting the quote. Upon confirmation, we may require a deposit before we commence with your project. Confirmation and payment of the deposit instructs us to commence. Please arrange for payment of the deposit to be transferred by direct credit to Westpac Wanaka bank account 03 1739 0138563 000.

Invoicing and Payment

You agree to pay us the balance of your project immediately on or before collection or delivery of the Services or the materials we provide you. Payment can be made by EFTPOS, Credit Card or in advance by direct credit to Westpac Wanaka bank account 03 1739 0138563 000.
Alternatively, we may decide to extend you credit. You may apply for credit using our credit application form. If we agree to extend your credit, payment is required within seven (7) days of receiving our invoice(s).
For longer projects, we invoice every two (2) weeks for the Services completed (including materials ordered, supplied and installed) to date. We will send out a final account on completion of your project.
If for any reason, you do not pay the invoice within seven (7) days, we reserve the right to charge interest on the outstanding balance at the rate that is 5% per annum above the current overdraft rate charged by our bank.
It is not our practice to suspend work on a project pending payment of an account; however we reserve the right to do so if we deem it necessary. If work is suspended for non-payment of our account we shall not be liable for any consequential losses you may incur.
If any account becomes overdue for non-payment, we reserve the right to pursue its recovery through a debt collection agency or other means. The full costs of collection will be payable by you in addition to the amount outstanding and penalty interest. We reserve the right to add the collection costs and any associated fees to your account owing.
Should we not immediately enforce any of these terms & conditions then this action or omission does not in any way constitute a waiver of those terms and your obligations remain unchanged.

Urgent Work

If you ask us to do your work urgently we will tell you whether or not this is possible.
Doing work urgently may mean allocating additional staff and/or resources to it; consequently we reserve the right to increase our quote or estimate to cover these costs.
We will use our best endeavours to meet any reasonable completion deadline that you ask for and that we have agreed upon at the beginning of the job. However, you will not be able to cancel the contract and nor will we be liable to you or anyone else if the work is not completed by the deadline.

Storage Fees

We will invoice you on the completion of your project and the Services. Works that are not paid in full and collected within seven (7) days of the invoice may incur a storage fee. You agree to pay the storage fee in addition to the amount contained in the invoice prior to or upon collection.

Installation Fees

Installation is not included in any of our quotes or estimates. Where you require an installation, we charge at a rate of $125+GST per hour (as at 10/02/2026 and subject to change), plus return travel and distance fees (together the “Installation Fees”). The Installation Fees must be paid in accordance with paragraph [8] thru [14] above.

Engineering Rates

Where a quote was not supplied, our engineering workshop rate is NZ$125+GST per hour (as at 10/02/2026 and subject to change) and our apprentice rate is NZ$85+GST per hour (as at 10/02/2026 and subject to change), plus materials’ costs and distance fees. Any weekend, emergency call out or installation rate outside of normal business hours will incur an overtime charge of time and a half.

Delivery Fees

Where materials incur a delivery fee we reserve the right to on-charge you for that delivery fee in addition to any quote or estimate provided to you.

Retention of Ownership

The legal and beneficial ownership in all materials supplied by us to you remains with us until all the materials supplied have been paid for in full and the money received by us. For clarification, all materials should remain separate property but if the materials are accessed and become part of a greater whole, you agree that s82-86 of the Personal Property Securities Act 1999 determines priority.

Right to Enter Premises

You irrevocably give Metalworks Wanaka 2017 Limited or our duly authorised agents the right to enter your premises or any sites where work is being undertaken for you and retake possession of materials not paid for, at any time.

Cancellation

We may cancel the contract at any time without notice if you become insolvent, or a liquidator or receiver is appointed in respect of you or any of your property. You will still be liable in respect of the contract and must still pay to us the price but you will have no claim against us.
You may only cancel the contract with us if a liquidator is appointed in respect of us or we breach the terms of the contract in any substantial manner. To cancel you must give us ten (10) working days written notice and you are still liable to pay us, for the value of the work done or materials supplied or ordered prior to receipt of your notice.

Authority

You need to tell us who has your authority to act on your behalf. If you do not tell us who has authority, we may regard anything said or written by anyone apparently having authority to act on your behalf.
Where this contract is entered into by an agent, the agent personally:
1. Warrants that the agent has the authority to act on behalf of and to bind the Customer;
2. Indemnifies us from and against all losses, costs, expenses, penalties or damages we may suffer and incur as a result of or arising out of any breach of the contract by the Customer or by the agent.

Your Liability

If you are more than one legal person, any liability you may have is joint and several.

Our Liability

Our liability, whether in contract or in tort or otherwise, for any loss, damage or injury arising either directly or indirectly as a result of the work undertaken for you, is limited to the replacement or rectification of such defective or non-complying materials or services at our option. Under no circumstances will our liability be greater than the value of the work undertaken for you.
We shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever. You particularly acknowledge that we shall not be liable for any loss you suffer due to a failure of product or materials that is not directly caused by our work for you.
All reasonable care will be taken with any project accepted by us, however we are not liable for any design fault or failure, dissatisfaction or loss or lack of function where designs and/or instructions are provided by the Customer.

Agreement

The parties acknowledge and agree that the terms and conditions of this agreement shall be incorporated into every contract between the Customer and the Company.
All other terms, unless agreed to in writing are (to the extent permitted by law) excluded.
Any representation, undertaking or warranty made by the Company, or any agent or representative of the Company, unless forming part of this contract or agreed to in writing, is cancelled and withdrawn and shall not form part of the contract as between us.

Personal Property Securities Act 1999

You acknowledge that we have a security interest (“Security Interest”) (as that term is defined in the Personal Property Securities Act 1999 (“PPSA”)) in any goods supplied to you. You will at our request promptly execute any documents, provide all necessary information and do anything else required by us to ensure that the Security Interest constitutes a Perfected Security Interest (as that term is defined in the PPSA) and which will have priority over all other Security Interests in the goods.
You agree, to the extent permitted by law, that you shall have no rights under the following provisions of Part 9 of the PPSA to:

receive a notice under section 114(1)(a);
receive a statement of account under section 116;
surplus distributed under section 117;
recover any surplus under section 119;
receive notice of any proposal we make to retain collateral under section 120(2);
object to any proposal we have to retain collateral under section 121;
not have goods damaged in the event that we were to remove an accession under section 125;
receive notice of the removal of an accession under section 129;
apply to the Court for an order concerning the removal of an accession under section 131; and
redeem collateral under section 132;
reinstate the contract under section 133.

You further agree that where we have rights in addition to those under Part 9 of the PPSA, those rights shall continue to apply.
You waive your right under the PPSA to receive a copy of any Verification Statement (as that term is defined in the PPSA).
Despite s109(1) of the PPSA and because of s107(1) you agree that on default we can exercise the powers in s109(2).
If we require you to, you irrevocably appoint us to direct any lender to pay us directly for any amount due.

Construction Contracts Act 2002

If the Construction Contracts Act 2002 (CCA) applies then you agree that pursuant to Section 14 of that Act, the payment mechanisms described above apply.
Further, you agree that we can serve a payment claim on you pursuant to Section 20 of the CCA in accordance with those payment mechanisms and you agree that you will not provide a payment schedule in accordance with Section 21 of the CCA that is less than the amount claimed.
If you fail to make payment by the due date we can obtain judgement for the unpaid amount together with its actual and reasonable costs of recovery, and where this is a commercial contract we may serve a Notice of Intention to suspend Work under the contract.
If retention is withheld as part of a contract it is agreed that we will charge interest of 1.65% per month.

Authority

You authorise us from time to time to obtain from the Bankers and professional advisers of you and/or other third parties all information that we reasonably requires to check the credit worthiness of you and you authorise such persons to release that information.
All such information will be held at our registered office and can be inspected and corrected by you.

Consumer Guarantees Act 1993

If our services and materials are obtained for business purposes the guarantees and rights expressed or implied in the Consumer Guarantees Act 1993 in favour of you shall not apply, provided however nothing in this clause relieves us from any obligation which we may not, by law, contract out of.

Third party Damage During and Post Installation

We shall not be liable for any damage to the materials or the services caused by your actions or omissions or those of your contractors or invitees during and after the installation.
You will be liable for the cost of any remedial work and materials if the works are damaged during or after its installation caused by your actions or omissions or those of your contractors or invitees.

Workmanship Warranty

We provide a one (1) year workmanship warranty from the date of installation. This workmanship warranty shall only cover the Services that we have undertaken and does not cover any defect or failure of the materials or workmanship of any other party.
This warranty shall be void and of no effect if:

the terms of payment and all other terms of this agreement are not complied with.
you do not give us written notice of the alleged failure or fault within 14 days of discovery of the alleged failure or fault. Time is of the essence.

Any remedial work completed pursuant to this workmanship warranty shall not further extend the workmanship warranty period.
If a warranty claim is made and subsequently not proven then any costs we incur to investigate the claim will be payable by you.

Public Liability Insurance

We confirm that we carry public liability insurance.

Goods and Services Tax (GST)

All quotes and estimates are GST exclusive. GST will be added upon invoicing.

Warranty to pay contract price

You warrant that you have arranged all of the necessary finance to enable payment by you for the services and materials provided by us as per this agreement and for all of the further or additional work you instruct us to undertake or complete, at the times and in the manner agreed.

PART B: WEBSITE TERMS OF USE FOR FOR METALWORKS WANAKA 2017 LIMITED

NOTE: These Website Terms of Use govern your access to and use of this website, including browsing the site, submitting enquiries or content, and interacting with any information or features provided online.

This website (Site) is operated by Metalworks Wanaka 2017 Limited NZBN: 9429046388230 (we, our or us). It is available at: https://www.metalworkswanaka.co.nz/ and may be available through other addresses or channels.

How you consent to these terms of use

If you access and/or use our Site, you are taken to have agreed to these terms of use (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.

When we make changes to these terms of use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on our Site) sets out how we will collect and handle your personal information.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user of our Site;
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
using our Site to send unsolicited electronic messages; or
facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business.

Information

Please note that our Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not structural or building-related advice, including landscaping integrity or drainage advice. You cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:

copy or use, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party without our express permission to you in writing; or
breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property without our express permission to you in writing.

Content you upload

We encourage you to interact with our Site! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our Site

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses; or
our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of Our Intellectual Property and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Which laws govern these terms of use

If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the New Zealand Consumer Guarantees Act 1993.

Your use of our Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand.

Our Site may be accessed throughout New Zealand and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Metalworks Wanaka 2017 Limited NZBN: 9429046388230

Email: office@metalworks.co.nz

Website Terms of Use from LegalVision New Zealand.