Terms of Service

1.GENERAL

(a) Shower Solutions 2016 Limited accepts the client’s order and instructions on these terms and conditions (“the Terms”), which, together with Shower Solutions 2016 Limited’s acceptance and quote sheet, form the entire agreement between Shower Solutions 2016 Limited and the client. This agreement excludes any other representations, understandings, or warranties (express or implied), unless modified in writing and signed by both parties. These Terms may also be referred to as the ‘Terms of Appointment.’

(b) Any variation, waiver, or cancellation of these Terms will be effective only if accepted in writing by Shower Solutions 2016 Limited

(c)  If any part of these Terms is found to be invalid, illegal, or unenforceable, the remaining Terms will continue in full force and effect.

(d) In the event of default in settling any account due, the client agrees to pay, upon demand, all reasonable costs, charges, and legal expenses (including solicitor-client costs) incurred by Shower Solutions 2016 Limited in recovering the outstanding account.

(e)  Before any work commences, the client and Shower Solutions 2016 Limited will have mutually agreed upon the Terms of Appointment, which may include, but are not limited to: (i) scope of work, (ii) allocation of responsibilities, (iii) limitations of responsibility, (iv) fees and payment terms, and (v) provisions for termination.

 

2.PRICE AND TERMS OF PAYMENT

(a)  The prices charged by Shower Solutions 2016 Limited are subject to change without notice. The price payable by the client for the Products ordered shall be the price agreed upon between Shower Solutions 2016 Limited and the client (the quoted price), or, in the absence of such agreement, the price prevailing at the time the Products are provided. It is the client’s responsibility to confirm prices before each delivery. Quotations are provided on the basis of immediate acceptance and are subject to withdrawal or revision.

(b) Fees may be calculated and divided by stage, with each stage being agreed upon by the client prior to the commencement of work. Fees may either be fixed or variable depending on the stage. Interim invoices may be issued as work progresses. Shower Solutions 2016 Limited will inform the client of the estimated cost for each stage before work on that stage begins.

(c)  The prices quoted by Shower Solutions 2016 Limited in this contract and any quotation (which may have formed the basis of this contract) are exclusive of Goods and Services Tax (GST), unless stated otherwise. The client shall pay GST on the goods and/or services subject to this contract, as invoiced by Shower Solutions 2016 Limited.

(d) All accounts are due for payment within 7 days following the provision of the Products.

(e)  Without prejudice to its rights to pursue legal action for payment or exercise any other remedy in the event of non-payment, Shower Solutions 2016 Limited may charge the client interest on any outstanding amount at a rate of 2.5% per month (accruing daily) from the due date until full payment is received. The imposition of interest does not extend the payment deadline nor imply any delay in exercising rights to recover overdue payments.

(f)   If payment is not made on time, Shower Solutions 2016 Limited may demand payment for outstanding arrears as well as payment in advance for any undelivered Products before proceeding with further deliveries. Shower Solutions 2016 Limited reserves the right to rescind the contract, and the client will not be entitled to demand or enforce delivery of any products under the contract.

(g) Late payment will result in the forfeiture of any discount offered. All payments received will be applied against the oldest outstanding invoice.

 

3.DELIVERY OF GOODS AND SERVICES

(a)   If Shower Solutions 2016 Limited acknowledges an order requiring delivery by installments, the client agrees that payment will be due for each installment delivered as if each were a separate contract. Failure to deliver any installment shall not entitle the client to repudiate the contract or reject any remaining installments. The client’s obligation to make payment for each installment is independent of any delay or failure to deliver other installments.

 

(b)   Any estimated service delivery times provided by Shower Solutions 2016 Limited are given in good faith but are only approximations and not binding commitments. Shower Solutions 2016 Limited shall not be liable for any delays in delivery and shall not be held accountable for any damages arising from such delays, whether directly or indirectly.

(c)   Delivery will be deemed to have occurred once the goods or services are made available to the client or their agent at the delivery point specified in the order, regardless of whether the client or their agent accepts delivery at that time.

(d)   Shower Solutions 2016 Limited shall not be liable for any failure or delay in delivery resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, lockouts, or any other cause beyond Shower Solutions 2016 Limited’s reasonable control.

(e)   If the client refuses to accept delivery or fails to provide adequate access to the delivery site, the client shall bear any additional costs incurred by Shower Solutions 2016 Limited, including storage, transportation, and other associated costs.

(f)       The client agrees to inspect the goods and services upon delivery and shall notify Shower Solutions 2016 Limited of any issues, damages, discrepancies, or concerns immediately upon receipt of the goods or services. “Reasonable time” for notification shall be defined as within 48 hours of delivery. Failure to notify Shower Solutions 2016 Limited within this period may result in the client being deemed to have accepted the goods and/or services as delivered.

(g)    If the client has not received the goods within one (1) week of the agreed delivery date, the client shall notify Shower Solutions 2016 Limited immediately. If no notification is received within this period, it will be assumed that the goods have been received by the client. Any claims related to non-receipt of goods must be made within fourteen (14) days from the original delivery date. After this period, Shower Solutions 2016 Limited will not be liable for any claims, and it will no longer be possible to investigate or verify the delivery status.

 

4.DISPUTES

(a)  In the event of a dispute regarding any part of the invoice, the client shall pay the undisputed amount according to the applicable payment terms. Any disputed portion shall be resolved in accordance with the provisions below.

(b) In the event of any dispute or difference arising out of or in connection with this agreement, including any questions regarding its existence, validity, or termination, the parties shall first attempt to resolve the dispute through mediation. Mediation shall be conducted by the Disputes Tribunal of New Zealand or another mutually agreed-upon mediator. If the dispute falls outside of the Disputes Tribunal’s jurisdiction, the dispute shall be resolved through arbitration in accordance with the Arbitration Act 1996 (or any subsequent amendments to it).

(c)  The client agrees to notify Shower Solutions 2016 Limited of any dispute in writing within fourteen (14) days from the date of delivery of the goods or services. Failure to do so within this time frame will constitute a waiver of the client’s right to make any claim regarding the goods or services delivered.

(d) During the dispute resolution process, the client agrees to continue to comply with all payment obligations under the contract, including payment for undisputed amounts

 

5. OWNERSHIP

(a)  Ownership of all Products supplied by Shower Solutions 2016 Limited remains with Shower Solutions 2016 Limited until full payment, including any default interest under clause 2(e) and enforcement and legal costs under clause 1(d), is received. This includes payment for all amounts owed under this agreement.

(b) Shower Solutions 2016 Limited may, by written notice to the client, cancel the client’s rights under these terms if the client defaults on payment by the due date (with time being of the essence), fails to comply with any of these terms or specific contract terms, or if Shower Solutions 2016 Limited receives any information that, in its opinion, indicates uncertainty regarding the client’s ability to meet its financial obligations. This right of cancellation is in addition to any other rights available to Shower Solutions 2016 Limited, whether arising under these terms, any particular contract of sale, or at law.

(c)  If cancellation occurs under clause 5(b) or any other applicable right, the client grants Shower Solutions 2016 Limited irrevocable authority, without prejudice to any other rights or remedies, to notify third parties of the exercise of Shower Solutions 2016 Limited’s rights under these terms. The client will not have any claim against Shower Solutions 2016 Limited for any loss, direct or indirect, arising from such notice.

 

6.COMPANY’S LIABILITY AND WARRANTY

(a) Any warranty claims must be notified to us within 14 days of the occurrence of the issue. Failure to notify us within this period will void any warranty claims. Please ensure that all warranty claims are submitted in a timely manner to ensure proper evaluation and resolution.

(b)The client is responsible for ensuring that the Products ordered are fit and suitable for the intended purpose. Shower Solutions 2016 Limited assumes no liability if the Products are not suitable. Additionally, the client warrants that all information provided to Shower Solutions 2016 Limited is accurate and reliable, and Shower Solutions 2016 Limited is entitled to rely on such information without the need for independent verification.

(c) Any advice, recommendations, information, assistance, or services (“client information”) provided by Shower Solutions 2016 Limited in relation to this agreement are given in good faith and are believed to be appropriate and reliable. However, Shower Solutions 2016 Limited provides such information without liability or responsibility and this provision precludes any court from enquiring or determining the issues referred to in Section 4 of the Contractual Remedies Act 1979.

(d)The client’s rights under this contract are not assignable without the prior written consent of Shower Solutions 2016 Limited.

(e) Shower Solutions 2016 Limited will not be liable for any loss or damage suffered by the client during the term of the contract or subsequently, whether caused by negligence or otherwise, and whether known or unknown to Shower Solutions 2016 Limited. To the maximum extent permitted by law, Shower Solutions 2016 Limited’s liability for any loss, injury, or damage is limited to the lesser of the total fees accrued under this contract or $20,000.00. The client acknowledges and agrees that this is the maximum indemnity available from Shower Solutions 2016 Limited. Shower Solutions 2016 Limited may hold professional qualifications and memberships, but all Products provided under this agreement are subject to the liability limits outlined in these terms.

(f)  Shower Solutions 2016 Limited may occasionally offer recommendations or suggestions regarding third parties or professionals. However, Shower Solutions 2016 Limited is not liable for any loss or damage suffered by the client due to the actions or omissions of these third parties if the client chooses to engage their services.

(g)Professional Installation and Ordering of Parts: All Products, unless specifically stated otherwise, require professional installation services. The client is responsible for ensuring they have ordered the correct parts, including the exact size of panels or other components required for the installation. Shower Solutions 2016 Limited is happy to provide guidance over the phone, but the client should consult with the relevant professionals to confirm the correct specifications for their needs. If the client fails to provide specific sizes, Shower Solutions 2016 Limited will do its best to supply the appropriate parts; however, some exchanges may be necessary to obtain parts that suit the exact location or specifications. Shower Solutions 2016 Limited cannot be held responsible if the client has not ordered the correct sizes or parts for their requirements.

(h)Shower Solutions 2016 Limited will repair or replace Products, other than fuses, that have been installed by them and are proven to be faulty under normal conditions of use within 12 months from the date of installation. For Products not manufactured by Shower Solutions 2016 Limited, the applicable manufacturer’s warranty will apply. Shower Solutions 2016 Limited is not bound by any terms, conditions, representations, or warranties other than those provided by the manufacturer of the specific Products.

(i)  Where possible, Shower Solutions 2016 Limited will include the cost of labour incurred in replacing faulty Products, subject to the limits of the specific manufacturer’s warranty.

(j) If a manufacturer’s warranty includes the cost of labour to replace faulty Products, Shower Solutions 2016 Limited will include this labour cost, provided it does not exceed the terms of the manufacturer’s warranty and Shower Solutions 2016 Limited is not required to operate beyond those terms.

 

7. FORCE MAJEURE

(a)    Shower Solutions 2016 Limited shall not be liable to the client for any loss or damage, directly or indirectly arising out of or in connection with any delay in the delivery of the Products and/or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by circumstances beyond Shower Solutions 2016 Limited’s control. These circumstances include, but are not limited to, acts of God, fire, armed conflict, labour disputes, civil commotion, government intervention, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions or delays in transportation, and any other cause beyond Shower Solutions 2016 Limited’s reasonable control.

  

8. CONSUMER GUARANTEES ACT

(a)  The guarantees contained in the Consumer Guarantees Act 1993 do not apply where the client acquires Products from Shower Solutions 2016 Limited for business purposes. For the purposes of this agreement, “business purposes” refers to any commercial, industrial, or professional use, including but not limited to rental properties (where the property is rented for income), hotels, hostels, or similar commercial settings.

(b) Domestic Use: This warranty applies to Products used in a private residential setting (i.e., for personal, non-commercial use), only if the item has been installed and supplied by Shower Solutions 2016 Ltd. The Products are covered by the standard warranties provided by Shower Solutions 2016 Limited and any applicable manufacturer warranties.

(c)  Commercial Use: If the Products are used in a commercial setting (e.g., rental properties, hotels, hostels, or any other business or public use), and the item has been installed and supplied by Shower Solutions 2016 Ltd, the warranty is limited to 1 year from the date of installation. This warranty covers defects arising from normal use under typical conditions but excludes damages due to commercial wear and tear.

(d) For both Domestic and Commercial Use, the client acknowledges that the warranties provided are the only warranties applicable, and any claims are subject to the terms and conditions of these warranties.

 

9. APPLICABLE LAW

These terms are governed by, and shall be construed in accordance with, the laws of New Zealand.

 

10. PRIVACY ACT 1993

The client and any person signing these terms hereby consents to Shower Solutions 2016 Limited making enquiries and obtaining information (whether personal, confidential, privileged, or recorded in any form) from any person regarding the financial standing and creditworthiness of the client and any of its signatories. The client and the signatories request and authorise such persons to provide such information and agree that Shower Solutions 2016 Limited may share the information obtained through such enquiries, or in any other manner, with any other party who, in Shower Solutions 2016 Limited’s sole opinion, has a legitimate interest in such information.

 

11. SERVICE TERMS

Installation and Layout

If you have specific preferences regarding height, position, or layout, please be present on-site to discuss with the installer. Otherwise, by accepting this quote, you agree that Shower Solutions will install based on their recommendation. If any items need to be changed or re-done, additional charges may apply.

 Council Consent

We recommend seeking your own advice on what is required or exempt from council consent under Schedule 1 of the Building Act 2004. Shower Solutions has quoted based on the scope of work requested and this does not include any consent costs or timeframes. For more information, refer to: Auckland Council Exempt Building Work.

 Access Requirements

We require access between 8am-5pm Monday-Saturday for the duration of your project. While our tradespeople will not be on-site every day, we require easy access to your home (by key, code, or instructions). Exact times may vary due to other jobs, subcontractors, traffic, supplier delays, and the nature of trade work.

 Acceptance

To proceed with a quote, please accept by clicking the “Accept” option online. Payment of the deposit also acts as acceptance of the full scope of works.

 Authority and Liability

By entering into this agreement, you confirm that the person to whom it is addressed has the legal authority to make decisions and alterations to the property referenced in the Quote, Estimate, Invoice, or Statement. Furthermore, they accept responsibility for all payments and any additional extras requested by them or on their behalf.

 Pricing

Pricing is based on Auckland Metro. Supply-only and shipped items must be paid for in full. Freight costs will be forwarded and on-charged to the customer once we have received the carrier’s invoice unless otherwise specified.

 Health & Safety Requirements

All tradespeople associated with Shower Solutions 2016 Limited are required to wear footwear at all times on all job sites. Any floor coverings must be anti-slip and not create any additional trip hazards.

 Upgrades and Additional Charges

Unless otherwise specified, all items are standard. Upgrades, including but not limited to custom glass, custom cabinetry, stone top variations, epoxy grout, complex installations, additional lifters required, site delivery, and tile upgrades, may incur additional charges.

 Full Terms and Conditions

A full copy of our terms and conditions is available on our website.

 Frameless Shower Specifications

·      All 10mm Toughened Safety Glass

·      Chrome back-to-back D handles

·      Standard chrome-plated double action hinges

Note: If the door clashes with the sidelight beyond 5 days after installation, this will be due to building movement and is not covered under our warranty.

Optional Extras

Corner Glass Shelves

Upgrade to Brushed Brass, Nickel/Satin, Gunmetal, Black available.

Upgrades to different shaped handles and colours available.
Note: We cannot guarantee an exact match to your other fittings, fixtures, or hardware. Samples are available for purchase.

 

INSTALLATION SERVICES

Please provide the shower manufacturer’s installation guide upon acceptance of the quote, allowing us ample time for preparation. If none are supplied, we will install per our installation guidelines, which may differ slightly from your supplier’s recommendations.

It is the client’s responsibility to ensure all walls, floors, and trays are prepared and installed to the manufacturer’s specifications. Failure to do so will void any installation warranty from Shower Solutions 2016 Limited.

For acrylic liners, we recommend the liner be removed from its box or packaging and allowed to “relax” or open up by flipping it upside down in a warm environment for at least 24-48 hours prior to our installation. We will install on the provided surface; however, please ensure the necessary preparation has been completed per your shower manufacturer’s guidelines. Common preparations include ensuring no plaster, paint, or sealants are applied to the gib behind the shower, and trays are installed level and square with the required support underneath.

We recommend that all walls be level and square with 90-degree angles in the corners. By booking the installation, you confirm that the site is prepared for the installation on the day of the scheduled appointment. Any additional visits will incur extra charges.

We can supply glue packs at an additional cost. We use Bostik glues; if your manufacturer requires a different brand, please ensure it is supplied for use. If none is supplied, we will use our standard glue, and you will be charged accordingly.

Shower trays are warranted to support a maximum weight of 120kg under normal use. Normal use is defined as typical household usage with no extraordinary impacts, abuse or misuse of the product.

 

PAYMENT TERMS

Progress payments will be sent as individual invoices. This does not indicate that the project is paid to date, but rather serves as a way to distribute payments throughout the project. Once work begins, the full scope and payment for the entire contract are binding unless mutually agreed otherwise. Any extras or variations may be invoiced separately and are payable immediately, sometimes before work has been carried out. Failure to make timely payments will delay the next stage of the project.

Finance options, where applicable, require approval and are separate from this agreement. Finance terms and conditions apply

 

FRAMELESS GLASS

• All tiling and grout must be completed before the site visit.
• Please ensure there is someone home, or provide access instructions.
• A 50% deposit is required before we schedule the site measurement.
• The remaining 50% is due upon completion.
• Additional callouts will incur extra charges.

 

KITCHEN RENOVATIONS

• 50% deposit is required to secure the job.
• 40% payment is due before the installation of cabinets.
• 10% final payment is due upon installation of the benchtop.

 

BATHROOM RENOVATIONS

• 30% deposit is required before ordering materials or beginning work to secure the job.
• 30% payment is due before the second week of the project.
• 30% payment is due before the third week.
• 10% final payment is due upon completion.

 

SHOWER REPLACEMENTS, INSTALLATIONS, AND MINI RENOVATIONS

• Any tiling and grout must be completed before the site visit.
• Please ensure there is someone home, or provide access instructions. 
• 50% deposit is required before we schedule the site measurement.
• 40% payment is due before plumbing fit-off.
• The remaining 10% is due upon completion.
• Additional callouts will incur extra charges.

 

ADDITIONAL TERMS

• Estimates: We provide an estimate for completing the job as described in the scope of your quotation or estimate. This estimate is based on our evaluation and does not include any material price increases or additional labor and materials required due to unforeseen issues during the work.
• Liability: All care will be taken during the removal and demolition of old showers and bathrooms; however, we take no responsibility for any damage caused by workers or subcontractors of Shower Solutions 2016 Limited during this process.
• Client Responsibility: Please clear all pathways and store fragile items safely to limit any risk of damage during the work.

 

SKIP BIN TERMS AND CONDITIONS

Shower Solutions 2016 Limited uses pink bins for our skip services.

We recommend placing the bin on grass, although please note that this may result in damage to the grass underneath, including potential grass death.

• Bin Placement on Driveway: If the client wishes to have the bin placed on their driveway, please be aware that sediment may escape the bin and potentially cause staining or rust on the driveway. Shower Solutions 2016 Limited can clean any stains caused, however, this will incur additional charges to the client.
• Furthermore, placing the bin is subject to heavy weight impact, and any cracks or damage to the driveway or surrounding areas are not the responsibility of Shower Solutions 2016 Limited or the skip bin company.
• The skip bin has drainage holes at the bottom to prevent water accumulation. However, there may be some sediment or rubbish that escapes from the bin. It is the responsibility of the client to ensure the bin is placed in an appropriate location to manage any potential debris.
• The weight of the bin must not exceed the specified weight limit. If the bin is overloaded, we will charge additional fees for the excess weight.
• The client is responsible for ensuring that no banned or prohibited items are placed into the bin, and for any items added by outside sources while the bin is on site. Any such items will incur additional charges, including those that are overweight or prohibited.
• If the bin is placed outside the client’s property on a council grass verge or on the road, this is the client’s responsibility. 
• Shower Solutions 2016 Limited will not be held liable for any items placed into the bin by third parties during its time on site.

 

REMOVAL OF EXISTING SHOWER AND DAMAGE DISCLAIMER

• During the removal of your existing shower, some damage to tiles, flooring, and walls is common. Unless otherwise specified, this damage is not covered by the new shower installation and is not part of our scope of work.
• If needed, we can arrange for tilers, plasterers, and painters; however, these services will incur additional charges.

 

ADDITIONAL WORK AND CHARGES

• There may be unforeseen work required that was not initially quoted for. By accepting our quote, you agree to any additional charges that may arise. Any additional call outs may incur fees. 

 

PRODUCER STATEMENT

• A Producer Statement can be provided upon completion and payment in full. There is a charge for this statement.

 

WARRANTY INFORMATION

• All of our products meet the appropriate building and human impact standards.
• 5-Year Warranty: We offer a 5-year warranty on Shower Solutions supplied/manufactured hardware and installation.
• Manufacturer and Supplier Warranties: Manufacturer and supplier warranties and exclusions apply to relevant products.
• Call-out Fee: A call-out fee of $280 will apply to warranty claims.
• Warranty Claims: All warranty claims must include a copy of the original invoice and must be submitted in writing to Shower Solutions 2016 Limited. Please note that warranties are non-transferable and cannot be assigned.

 

LIMITATIONS AND EXCLUSIONS

• We do not provide warranties for items not supplied by Shower Solutions 2016 Limited.
• No warranties are provided for reinstalled items or second-hand goods.
• Items installed without manufacturer instructions are not covered by warranties.

 

CORRESPONDENCE AND DISPUTES

• All correspondence or service related to disputes must be accepted via email, using the contact details provided for Quotes and Invoicing.

 

CARE AND MAINTENANCE

• Do not use corrosive chemicals to clean hardware.
• Clean regularly using a clean, soft, damp cloth only.
• Abrasive cleaners or detergents may cause surface deterioration.

 

RETURNS POLICY

• We charge a 20% admin and restocking fee on items returned in perfect condition. This applies to all stock items, including shower seals, tapware, showers, hardware, hinges, shower parts, etc.
• Some items cannot be returned, including:
• Made-to-order items
• End-of-line items
• Heavily discounted items
• Items ordered specifically for you

 

PAYMENT DETAILS

• All quotes and invoices are issued under the Construction Contracts Act 2002.
• Bank Details:
  Bank: ASB
  Account Number: 12-3237-0022391-00
  Reference: Please include your quote/invoice number when making payments.