Handyman Dan Limited Guarantee

The workmanship of Handyman Dan Ltd is guaranteed to comply with all applicable industry rules and regulations, including any local government requirements. In the event the workmanship does not meet this standard, we will return and remedy the defects.

Terms and Conditions of Trade

Any instructions received by you and agreement to the work order / services required to be performed by Handyman Dan Ltd shall constitute your acceptance of these terms and conditions and you agree to be bound by these terms and conditions.

You agree that the following shall apply in respect to the work order (the “Services”):

(a) Handyman Dan Ltd shall perform the services described in the work order (the “Services”).

(b) You shall provide Handyman Dan Ltd with all necessary information and access required, in order to perform the Services.

(d) Payment in full is required within 7 days upon receipt of each invoice, unless otherwise agreed.

(e) We prefer payment to be made by Direct Bank Transfer to the account details listed on the invoice with your invoice number as reference.

(f) All amounts payable by you in relation to the Services / work order shall be payable in accordance with sub-clause (d) above. If you fail to make the payment that is due and payable, interest (calculated daily from the due date until the date that payment is made in full) shall accrue and be payable on the overdue amount at the rate of 2% per calendar month, with such interest compounding monthly at such a rate after as well as before any judgment.

(g) If you default in payment of any amount when due, you shall indemnify Handyman Dan Ltd from and against all costs and disbursements incurred (including solicitor/client costs on a full indemnify basis and collection agency costs), arising from, or consequent on, enforcement and/or collection of the overdue amount.

(h) You agree that any default by you in relation to these terms and conditions entitles Handyman Dan Ltd to suspend or terminate the supply of Services and Goods. Where the nature of the Services is such that, it is covered by the Construction Contracts Act 2002 (“CCA”) and Handyman Dan Ltd has issued a payment claim in accordance with the CCA, the provisions of the CCA shall apply.

(i) Any quote is valid for 30 days from the date of issue.

(j) Any unforeseen work or materials required to complete the Services may be charged for, in addition to any amounts set out in the Quote, following consultation with you.

(k) In the event Handyman Dan Ltd supplies any goods or materials in relation to the Services (“Goods”), Handyman Dan Ltd retains ownership of such Goods until payment of the goods are made in full and all risk in the Goods shall pass to you on delivery (or deemed delivery).

(l) Where Handyman Dan Ltd has designed Goods, prepared plans and layouts or type of Services for you, then the copyright in those designs shall remain vested in Handyman Dan Ltd, unless otherwise agreed by Handyman Dan Ltd.

(m) Handyman Dan Ltd will take all reasonable care when providing the Services. Except to the extent required by law, Handyman Dan Ltd will not be liable to you for any loss, damage or expense you may suffer or incur in connection with the provision of Services, and in any case, the liability of Handyman Dan Ltd will be limited to the actual direct damages suffered by you and will under no circumstances exceed the price of the services actually paid by you to Handyman Dan Ltd. Handyman Dan Ltd shall not be liable to your indirect, consequential or special loss, or loss of profit, however arising, whether under contract, or otherwise.

(n) Handyman Dan Ltd shall not be liable in any way to you or be deemed to be in breach of these Terms and Conditions if it fails to supply the Services as a result of anything outside of their reasonable control.

(o) Where you are not a “Consumer” (as that term is defined in the Consumer Guarantees Act 1993) or where you are acquiring goods or services for the purpose of a business then:

(i) The provisions of the Consumer Guarantees Act 1993 shall not apply;

(ii) The only warranties, guarantees or undertakings we give you in relation to the goods and / or services (whether in relation to quality, fitness for purpose or otherwise) are those which we expressly stipulate to you in writing.

However, where you are a Consumer, and are not purchasing goods or services for the purpose of a business, then notwithstanding anything contained in these terms and conditions you shall have all of the rights conferred on Consumers by the Consumer Guarantees Act.

(p) A failure by Handyman Dan Ltd to exercise any right under these terms and conditions, is not a waiver of, or variation to, that right.

(q) If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected prejudiced or impaired.

(r) These terms and conditions shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

(s) You irrevocably authorise Handyman Dan Ltd to disclose information about you whether collected from you directly or obtained from any other source to any credit provider or credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you.

(t) Handyman Dan Ltd reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change, that change will take effect from the date on which Handyman Dan Ltd provides notice of the same. If you do not agree with the changes, then you may stop using the Services.