GENERAL

These Terms and Conditions apply to plumbing, maintenance, drainage, water filtration, roof and gutter and related services provided by Crums Plumbs Ltd, trading as Crums Plumbs (we, us or our), to the customer identified in the quote or booking confirmation (you).

We will provide these terms before you agree to the work. They form part of our agreement when you accept a quote, confirm a booking or instruct us to proceed after receiving them. We will record acceptance, including acceptance by email or text. An invoice does not introduce new terms into an existing agreement.

These terms should be read with the agreed quote, estimate, booking confirmation and any other written job agreement. Nothing in our agreement excludes, restricts or modifies rights or obligations that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Building Act 2004 and Construction Contracts Act 2002.

If you arrange work for someone else, please identify the customer and confirm your authority to instruct us before the booking is accepted. We will record who is responsible for payment. A tenant, property manager or other representative is not automatically personally liable merely because they arrange access or communicate with us.

QUOTES & ESTIMATES

Where possible, we will provide a written quote or estimate before work begins. A quote is a fixed price for the stated scope, subject to its stated assumptions and exclusions. Its validity period, if any, will be shown on the quote.

Once accepted, the quoted price will not increase unless you agree to a variation under the section below, except for the limited emergency authority described there. Discovery of a hidden issue does not, by itself, authorise an increase.

An estimate is a reasonable assessment of expected cost, not a fixed price. We will explain the charging basis. If we expect a material increase, we will tell you why, provide an updated estimate and obtain your approval before incurring further costs beyond the authorised work, subject to the limited emergency authority below. Where no price or pricing method has been agreed, any charge will be reasonable.

SCOPE OF WORK

The agreed scope will be described in the quote, estimate, booking confirmation or other job agreement. It should identify the work, materials, exclusions, price or charging basis, and any agreed timing.

We will carry out the work with reasonable care and skill and in accordance with applicable New Zealand laws, the Building Code and relevant licensing and supervision requirements. Existing installations and concealed conditions may affect the work required.

Before relevant work starts, we will record who will arrange and pay for required consents, inspections and approvals, and the extent of any opening-up, disposal, making good or reinstatement included in our work. We will not proceed with work requiring an approval until it is obtained, unless a lawful exemption applies. Allocating tasks does not remove either party’s statutory responsibilities.

VARIATIONS & ADDITIONAL WORK

Additional work may be needed because of concealed pipework, unsafe or non-compliant installations, deterioration, unexpected conditions or changes you request. We will explain the proposed change, price or charging basis and any effect on timing, and obtain your agreement before proceeding. We will record approval in writing, including by email or text; any verbal approval will be confirmed promptly in writing.

If approval cannot be obtained, we may pause the affected work and make the site safe while seeking instructions. We will not treat silence as approval.

If an immediate safety risk or risk of further property damage arises during authorised work and we cannot reach you after reasonable attempts, you authorise only the reasonable minimum work necessary to make the situation safe or prevent that damage. We will record the circumstances, contact attempts, work and costs, and notify you as soon as practicable. Charges will use agreed rates or, if none apply, reasonable rates. Permanent repairs or further work require your approval. This clause does not authorise charges for correcting our own defective work or damage for which we are responsible.

PRICING & PAYMENT

Unless otherwise agreed in writing before the work, payment is due within 7 calendar days of the invoice date. We will send invoices promptly and identify the work, charges, payments received and amount due. Any deposit or progress-payment arrangement must be agreed in advance.

If an invoice appears incorrect or you have difficulty paying, please contact us promptly. We will investigate genuine disputes and explain our response. Undisputed amounts remain payable when due, subject to your statutory rights. Raising a query does not replace a payment schedule required under the Construction Contracts Act 2002.

If an undisputed amount remains unpaid 7 calendar days after its due date, we may charge a single late-payment administration fee per invoice, limited to reasonable additional administration costs actually incurred and capped at $35 in total, including GST if applicable. We will first send a written reminder allowing at least 5 working days to pay or raise a genuine dispute. The fee will not be charged while a genuine dispute about that amount is being investigated. It will not be charged repeatedly or duplicate debt-recovery costs.

Before referring an unpaid amount for collection, we will give written notice and a reasonable opportunity to pay or resolve a genuine dispute. You may be required to pay reasonable external recovery costs actually and properly incurred, only to the extent permitted by law. We will provide details and will not recover the same cost twice.

Where the Construction Contracts Act applies, statutory payment claims, payment schedules, recovery and suspension will follow that Act. A statutory payment claim must meet the Act’s requirements and include the prescribed accompanying information. An ordinary invoice is not necessarily a statutory payment claim.

We will suspend work for non-payment only where lawfully entitled to do so. Before exercising a contractual right to suspend for an overdue, undisputed amount, we will give written notice identifying the amount and proposed suspension and allow at least 5 working days to remedy the default. Where we rely on a statutory suspension right, all statutory conditions and notice requirements apply. We will take reasonable steps to leave the site safe, and resume within a reasonable time once the grounds for suspension are resolved. Nothing here overrides statutory payment, adjudication or remedy rights.

DEPOSITS

Any deposit amount, purpose and due date will be agreed before the booking is confirmed or special materials are ordered. Deposits are credited against the contract price and are not automatically non-refundable.

If work is cancelled, we will provide an account of work and properly recoverable costs, apply the deposit against those amounts and refund any remaining balance promptly. Statutory cancellation and refund rights take priority.

RATES AND CHARGES

All prices are in New Zealand dollars. Prices given to household customers include GST where GST is chargeable. If a business quote separately states GST-exclusive amounts, it will also identify the GST and total payable. GST will only be charged where lawfully applicable.

We will disclose applicable labour rates, minimum charges, call-out fees, travel, materials, equipment and other known charges before you agree to the work. Where an amount cannot yet be calculated, we will explain the charging method and, where possible, provide an estimate. Additional charges outside the agreed scope require approval under the variations section.

EMERGENCY & AFTER-HOURS WORK

Emergency and after-hours work is subject to availability. Any different call-out fee, labour rate or minimum charge will be disclosed and agreed when the service is booked, before attendance wherever possible. If a price cannot be fixed, we will explain the charging basis.

Our advertised hours and emergency availability do not guarantee an immediate response. We will advise the expected response time when accepting the booking and communicate material changes. Work without further approval is limited to the emergency authority in the variations section.

ACCESS TO THE PROPERTY

You must arrange lawful, reasonable access to the property and work areas, including any required owner or occupier permission. Please tell us about known hazards, restrictions, access issues and relevant property information. Pets should be secured and work areas reasonably clear.

We remain responsible for our health and safety duties. If access is unavailable or conditions are unsafe, we may pause or reschedule affected work after explaining the issue. Any charge for a wasted visit or rescheduling must have been disclosed and agreed beforehand and must be reasonable; it will not include costs caused by our own failure.

EXISTING CONDITIONS & HIDDEN ISSUES

Existing plumbing systems and building materials may be concealed or difficult to assess before work starts. We are not responsible merely because an unrelated pre-existing defect is discovered during our work.

This does not exclude responsibility for our own acts or omissions, damage we cause or worsen, or a failure to identify or advise on an issue that a competent tradesperson should reasonably identify within the agreed work. If an existing condition affects the job, we will explain it and follow the variations procedure.

MATERIALS & CUSTOMER-SUPPLIED PRODUCTS

Materials we supply will meet applicable legal requirements and statutory guarantees. We will provide relevant product and maintenance information.

If you supply a product, please provide its specifications, instructions and relevant compliance information. We will exercise reasonable care and skill when assessing whether it can be installed for the agreed purpose and advise you of reasonably apparent problems. We may decline to install an unsafe, unsuitable, defective or incompatible product.

We are not responsible for an inherent defect in a customer-supplied product to the extent it is unrelated to our advice, assessment or installation. This does not affect responsibility for our services or any non-excludable obligation. Any additional installation or adaptation costs require agreement.

WORKMANSHIP & CONSUMER GUARANTEES

Where the Consumer Guarantees Act 1993 applies, our services will meet its guarantees, including reasonable care and skill, fitness for a purpose or result made known to us where the statutory requirements are met, reasonable completion time if none is agreed, and reasonable price if none is agreed. Goods we supply are also subject to applicable guarantees.

Applicable Building Act 2004 implied warranties continue to apply whether or not repeated in our agreement. Where its 12-month defect-remedy provisions apply, we will remedy qualifying defects notified in writing within 12 months of completion within a reasonable time, subject to the Act. That period does not end your other statutory rights or create a 12-month limit on our liability.

On completion of applicable residential building work, we will provide the legally required maintenance information, guarantees, warranties and information about relevant continuing insurance, together with any required records or certificates. Nothing in these terms contracts out of consumer guarantees for business customers.

RESIDENTIAL BUILDING CONTRACTS

Where we contract directly with a homeowner for residential building work costing $30,000 or more including GST, we will enter into a written contract containing the prescribed information before work begins. These general terms alone are not that complete contract.

Before the contract is entered into, we will provide the prescribed consumer checklist and disclosure statement where required by the Building Act, including for lower-value residential work when requested. The job contract will include the required party and contact details, work and materials, price and payments, timing, consents, variations, defects and dispute procedures. We will not split a project to avoid these requirements.

CANCELLATIONS & RESCHEDULING

Please notify us as soon as possible if you wish to cancel or reschedule. Where you cancel for convenience, we may charge for work properly completed and reasonable, unavoidable costs actually incurred for your job before cancellation, such as non-returnable special-order materials or supplier cancellation charges. We will provide an itemised explanation.

We will take reasonable steps to reduce those costs and deduct costs saved, refunds, credits and the value recoverable by returning or reusing materials. We will not recover the same loss twice. Any amount already paid will be credited, with any surplus refunded promptly. We will agree how paid-for special-order materials are delivered or collected.

If we cannot proceed, we will notify you promptly, discuss reasonable alternatives and refund payments for work or materials not provided, subject to applicable law. This section does not impose a fee for exercising a statutory cancellation or remedy right or remove any right to compensation. Suspension does not itself terminate the contract.

DELAYS & UNFORESEEN CIRCUMSTANCES

We will meet agreed completion obligations and communicate promptly about delays. Severe weather, unavailable materials, hidden conditions, access difficulties or utility and council issues may affect timing. We will explain the cause, likely impact and steps to reduce the delay, and discuss any revised programme.

A delay does not automatically authorise additional charges or remove your rights. Any price variation requires approval, and any extension of an agreed completion date must be agreed or otherwise lawfully available under the job contract. Where no time is agreed, we will complete the work within a reasonable time.

COMPLAINTS & CONCERNS

Please contact us with details of a concern and any relevant photographs or records. We will acknowledge it promptly, investigate and explain our proposed response. Where we are entitled to an opportunity to remedy a problem, we will do so within a reasonable time.

Depending on the circumstances, statutory remedies may include repair, recovery of reasonable repair costs, cancellation, refund or compensation. You need not complete our complaints process before exercising a right that the law allows you to exercise immediately.

If discussion does not resolve the issue, we may agree to mediation. Nothing in these terms prevents either party from using the Disputes Tribunal or courts where they have jurisdiction, obtaining urgent relief, or using adjudication under the Construction Contracts Act 2002. A voluntary dispute process does not extend statutory deadlines.

PHOTOGRAPHS & JOB RECORDS

We may take photographs or other records reasonably necessary to assess and quote work, document relevant conditions and completed work, deal with warranties or insurance, and maintain job records. We will avoid capturing unnecessary personal details and handle identifiable records under our Privacy Policy.

We will not use identifiable photographs of you or your property for advertising or social media without appropriate permission from the affected people.

PRIVACY

We collect and handle personal information in accordance with the Privacy Act 2020 and our Privacy Policy, including customer and job information held through Xero and Fergus. The policy explains collection, use, storage, sharing, and your access and correction rights.

A copy of our Privacy Policy is available by emailing info@crumsplumbs.co.nz. Privacy enquiries may be addressed to Jodie Crum, our Privacy Officer. We do not send marketing emails.

GOVERNING LAW

New Zealand law governs these terms and the work. Applicable statutory dispute-resolution rights remain available.

ACCEPTANCE OF TERMS

Please review these terms before accepting the quote or confirming the booking. Acceptance may be recorded by signature, email, text or other clear agreement after the terms have been supplied. We will retain a record of the version accepted.

A specific job term agreed in writing prevails over these general terms to the extent of an inconsistency, subject always to applicable law. Changes to these terms apply to an existing job only if both parties agree; a later website version or invoice does not change that agreement.

CONTACT US

CRUMS PLUMBS LTD.
NORTHLAND, NEW ZEALAND
PHONE: 021 1026 991
EMAIL: info@crumsplumbs.co.nz

Please send enquiries, job instructions and ordinary correspondence to our email address. Formal notices must also meet any applicable statutory service requirements.