TERMS AND CONDITIONS

1. Unless otherwise noted, the quotation covers the supply and erection, at the address as stated on the quotation, of an Impact Outdoors Ltd designed to the standard specifications, for a site specific wind zone, on good ground with good supporting structures and above ground drainage only.

Extra work will be charged for as follows:

Extra engineering calculations, strengthening of the Impact Outdoors Ltd or its supporting structures and any other work necessary to comply with the relevant building codes are additional costs to be met by the Purchaser.

2. These costs will be discussed with the Purchaser and the Purchaser will be requested to supply the Supplier/Installer with written permission to proceed with the extra work before any costs are incurred.

3. Payment:

(i) One half of the total cost of the quoted price including G.S.T is required as a deposit when the Purchaser accepts the quotation. Payment by cash or cheque is acceptable.

(ii) The balance of the total cost is due for payment on “completion of the contract”. The “completion of the contract” is defined as the later of practical completion of the works in accordance with the contract or issue of the Code Compliance Certificate from the local authority.

(iii) If final approval is not granted through no fault or omission on the part of the Supplier/ Installer, or other works covered by the same building consent are not completed at the same time, payment shall be due on the completion of the work as quoted by the Supplier/ Installer subject to the work having been completed to the satisfaction of the Purchaser.

(iv) In the event of the Purchaser not being totally satisfied with the contention on the part of the Supplier/Installer that “completion of contract” has taken place and no agreement can be reached between the two parties, then the matter shall be subject to arbitration.

(v) Arbitrators can be any qualified builder (other than an Impact Outdoors Ltd Franchise holder) or local body building inspector whose ruling shall be binding on both parties. The cost of such arbitration shall be borne by the party who has been ruled against.

4. No retention of Payment due:

If all the conditions necessary for the contract to qualify as being completed as outlined in 3.2 and 3.3 above are met, the Purchaser shall not deduct any sums when paying the balance of the total price.

5. Overdue account balance:

Overdue accounts including dishonored cheques will attract interest at 1% per calendar month compounded and calculated from the due date for payment. Overdue accounts will be passed on to a debt collection agency. Collection costs including legal fees will be added to the unpaid balance and shall be paid by the Purchaser.

6. Reservation of title in goods supplied to the Purchaser:

All goods supplied to the Purchaser shall remain the property of the Supplier/Installer until payment in full is made by the Purchaser to the Supplier/Installer including any interest and or collection fees. The Supplier/Installer may wish to register a security interest in the goods supplied to the Purchaser as an unpaid creditor.

The Purchaser agrees to supply, on request, any further information required by the Supplier/Installer in order to do so (including date(s) of birth in the event of the Purchaser being an individual or individuals). The Purchaser agrees not to enter into any finance agreement the security for which is the Impact Outdoors Ltd unless the Supplier/Installer has been paid in full or unless the Supplier/ Installer has given the Purchaser written consent to do so.

7. Cancellation of the agreement to supply an Impact Outdoors Ltd as per the signed quotation:

(i) In the event of the Purchaser failing to make payment of any amount justifiably due as per the Terms and Conditions outlined in this document, or if the Purchaser is adjudged bankrupt, makes an assignment or composition with the Purchaser’s creditors, or being a registered Company, goes into liquidation, or has a receiver or statutory manager appointed, then the Supplier/Installer may without prejudice to any other rights, cancel any agreement to supply and install the goods described in the signed quotation.

(ii) By signing/accepting the quotation, the Purchaser confirms not to be insolvent, has not committed an act of bankruptcy nor any act which entitles any creditor or debenture holder to appoint a receiver.

(iii) Upon cancellation justified as per the Terms and Conditions in this document, the Supplier/Installer may recover and re-sell the Impact Outdoors Ltd and all other related components. For the purposes of the recovery, the Purchaser shall allow reasonable access to the site where the Impact Outdoors Ltd has been erected on any working day between the hours of 8.00 a.m. and 7.00 p.m. and shall not willfully obstruct the Supplier/Installer in the removal of the Impact Outdoors Ltd and all its related components.

(iv) In the event of the Supplier/Installer recovering the Impact Outdoors Ltd as provided for in 7(iii), the Supplier/Installer shall refund such payments as have been made by the Purchaser less an amount equal to one third of the original deposit as shown in the quotation.

8. Risk, Warranties and Guarantees:

(i) The Supplier/Installer shall be responsible to ensure that adequate and appropriate insurance cover is in place, during the period that the Impact Outdoors Ltd is under construction, covering loss or damage to any of the Purchaser’s property, the Impact Outdoors Ltd whilst being erected and any of the Impact Outdoors Ltd.’s components whilst being stored on the Purchaser’s property.

Such insurance cover to remain in place until the completion of the contract as defined in 3(ii).

(ii) Any loss or damage to the Impact Outdoors Ltd caused by faulty workmanship or any other act or omission on the part of the Supplier/Installer, shall be made good at the cost of the Supplier/Installer.

(iii) Any loss or damage to the Impact Outdoors Ltd caused by any act on the part of the Purchaser whilst the completion of the contract has not yet taken place, shall be made good at the cost of the Purchaser.

(iv) Upon completion of all payments due, the Supplier/installer shall be responsible to organize the completion of the required documentation to register the Impact Outdoors Ltd Installation Warranty and the Manufacturer’s Warranty on behalf of the Purchaser.

The Supplier/Installer will supply the Purchaser with the original copies of the completed, signed and dated standard Impact Outdoors Ltd Installation Warranty Certificate covering materials, installation and roofing.

9. Access:

The Purchaser shall give the Supplier/Installer reasonable access to the site on which the Impact Outdoors Ltd will be erected and/or its components stored.

“Reasonable access” shall be Monday to Saturday inclusive during daylight hours unless otherwise agreed.

10. Site:

During construction, the Supplier/installer promises to take all reasonable care to avoid damage to other parts of the property where the Impact Outdoors Ltd is being installed.

11. Limitation of the Supplier/Installer’s Liability:

In the case where the Purchaser has acquired the Impact Outdoors Ltd and its related work and components for the purposes of a business, then the Purchaser agrees that the following limitation of liability provisions apply instead of the Consumer Guarantees Act provisions.

Other than as set out in the Impact Outdoors Ltd Installation Warranty and Manufacturer’s Warranty and to the fullest extent permitted by law:

(i) All other Warranties, whether express, implied, or statutory, are excluded.

(ii) The Supplier/Installer shall not be liable for any consequential, indirect, or special damage or loss resulting from a business activity.

(iii) The Supplier/Installer’s liability whether in contract or in tort for any loss, damage or injury arising directly or indirectly from any defect or non-compliance of the Impact Outdoors Ltd product is limited at the Supplier/Installer’s option to:

(a) The repair of the defect or non-complying product or,

(b) The replacement of such defective or non-complying Impact Outdoors Ltd product with product having a comparable or superior quality or,

(c) Damages not exceeding the invoice value of the defective or non-complying product.

12. Privacy and Use of Information:

The Supplier/Installer guarantees that all personal information collected from the Purchaser will be used only for the purposes of this agreement and advising the Purchaser of product features and information by mail or electronic means. The Purchaser may have access to any such personal information held by the Supplier/ Installer to check and correct it at any time.

13. Existing Structure:

The customer confirms and acknowledges that the existing structure is in all respects compliant with the current New Zealand Building code and is suitable to support the shade canopy. By signing/ accepting the Impact Outdoors Ltd quote, you agree with the Terms and Conditions above and to abide by them.

Impact Outdoors Ltd Warranty Information

Please read the following carefully:

1. I have received a copy of the Impact Outdoors Ltd Terms and Conditions; I agree with all conditions included and undertake to abide by them.

2. The Impact Outdoors Ltd Warranty

A. Polycarbonate Roofing

• 5-year loss of light transmission.

B. The Frame

• Providing the ongoing Impact Outdoors Ltd Product Care Guidelines are strictly adhered to, all structural materials used in the construction of the canopies carry a Ten (10) year warranty.
• Impact Outdoors Ltd warrants the powder coated finish on the Aluminum profile will remain in good condition for a period of Ten (10) years from the completion of construction if you observe the product care guidelines below.
• Areas not included in either marine, industrial, or geothermal must be cleaned every six (6) months.
• Where the Impact Outdoor products are in a marine zone (i.e., within 500m of the sea or saltwater lake) residual salt from the atmosphere which settles on the frame of the products must be removed by washing at least every two (2) months.
• Where the Impact Outdoor products are in an industrial zone, residual chemicals from any industrial pollution must also be removed by washing at least every three (3) months.
• Where the Impact Outdoor products are in a geothermal area the frame must be cleaned every three (3) three months. The powder coated surfaces must not be exposed to any caustic or spirit-based cleaners under any circumstances.

C. Electrical Components

2 Year warranty on all electrical components. The use of any such materials invalidates this warranty. General Conditions of warranty are included in your terms and Conditions.

Impact Outdoors Ltd Product Care

To comply with Warranty requirements and to extend the effective life of powder coatings, a very simple maintenance program should be implemented.

The Frame (every six (6) months – apart from marine, industrial, or geothermal areas – refer B Three Steps to Cleaning your Powder Coating:

1. Carefully remove any loose deposits with a wet sponge.

2. Use a soft brush (non-abrasive) and a mild household detergent solution to remove dust, salt, and other deposits.

3. Rinse off with clean fresh water.

Do remove obvious deposits as they occur.

Do not use abrasive - steel wool, scrapers, scouring liquids as these will damage your powder coating.

Do not use aggressive solvent - thinners, petrol etc. (The use of any such materials invalidates the warranty). These solvents will attack gloss levels and reduce the powder coatings life expectancy.

(Please remember, your Impact Outdoors Ltd products must be cleaned, especially in areas where rainfall cannot reach) The Roofing: Clean sheets regularly with warm soapy water (mild detergent) and a soft sponge. Take care not to scratch polycarbonate sheets. rinse it thoroughly