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MR Rack – Terms and Conditions of Trade
A LEGAL DISCLAIMER
These Terms and Conditions apply to all racking installation services provided by MR Rack Limited (“MR Rack”, “we”, “our”, or “us”) to any client (“you” or “the Client”) in New Zealand. By engaging MR Rack, you agree to these Terms and Conditions.
TERMS & CONDITIONS - THE BASICS
1. Scope of Work
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MR Rack specialises in racking installations and related project management services.
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We do not supply or sell racking products; our role is limited to installation and related services unless otherwise agreed in writing.
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Any variations or additional work requested outside the agreed scope will be treated as a Variation and charged accordingly.
2. Quotes and Pricing
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All quotes are valid for 30 days from the date of issue unless otherwise stated.
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Prices are exclusive of GST unless specifically stated otherwise.
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If site conditions, drawings, or client instructions change, MR Rack reserves the right to adjust pricing through a formal Variation.
3. Payment Terms
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Invoices are issued at agreed milestones or on completion of work.
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Payment is due within 7 days of the invoice date, unless otherwise agreed in writing.
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MR Rack reserves the right to charge interest at 2% per month on overdue accounts.
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The Client shall be liable for all collection costs, including legal fees, incurred in recovering overdue payments.
4. Health & Safety
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MR Rack complies with the Health and Safety at Work Act 2015.
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The Client must provide a safe working environment, including site access, clear working areas, and compliance with all site-specific safety requirements.
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Any unsafe conditions may result in suspension of work until resolved, with costs recoverable from the Client.
5. Client Responsibilities
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Provide accurate site information, drawings, and specifications before work commences.
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Ensure the site is ready for installation, including access to power, lighting, and equipment where required.
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Obtain any necessary building consents, resource consents, or approvals under the Building Act 2004, unless otherwise agreed.
6. Variations
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Any change to scope, timing, or site conditions will be treated as a Variation.
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Variations must be confirmed in writing and may affect project costs and timeframes.
7. Liability
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MR Rack will perform services to a professional standard in accordance with industry best practice.
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Our liability is limited to correcting defective workmanship within 12 months of completion.
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MR Rack is not liable for delays, damages, or losses caused by:
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Faulty or delayed supply of racking materials by third parties,
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Site conditions beyond our control, or
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Client or third-party negligence.
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8. Delays and Extensions of Time
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If delays occur due to weather, supply issues, client instructions, or other causes outside MR Rack’s control, reasonable extensions of time will be granted.
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Additional costs associated with delays caused by the Client may be charged.
9. Termination
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Either party may terminate the contract with 10 business days’ written notice if the other party materially breaches these terms and fails to remedy the breach.
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MR Rack may suspend or terminate work immediately in the event of non-payment or unsafe site conditions.
10. Governing Law
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These Terms and Conditions are governed by the laws of New Zealand.
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Any disputes shall be resolved in accordance with the Construction Contracts Act 2002 and, if necessary, referred to adjudication or the New Zealand courts.
Acceptance
By engaging MR Rack, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.
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