Terms of Trade

Terms of Trade – General

These Terms of Trade ("Terms") apply to all services provided by Wastewater Concepts Ltd ("we", "us", "our") to the client ("you", "your"). Engagement of our services constitutes acceptance of these Terms. No variation shall apply unless expressly agreed in writing by us.

1. Scope of Services

We provide professional wastewater consultancy, site assessments, inspections, monitoring, maintenance, design documentation, and associated advisory services. Services may be reactive, scheduled, or consultancy-based and are limited strictly to the scope agreed verbally, by email, or in writing. Any services outside the agreed scope constitute a variation and will be charged accordingly. The scope of services will be as agreed verbally, by email, or in writing and may include reactive works, scheduled services, or professional advice.

2. Estimates and Fees

All estimates are indicative only and provided in good faith based on information reasonably available at the time.

Estimates do not constitute a fixed price unless expressly stated in writing.

Fees may be adjusted to reflect actual site conditions, access constraints, regulatory changes, or additional work required to achieve compliance.

Variations required to complete the services lawfully, safely, or in accordance with applicable standards will be charged at our prevailing rates.

3. Payment Terms

Payment is due within 7 days of the invoice date unless otherwise agreed in writing.

We reserve the right to require full or partial payment in advance.

Interest on overdue amounts may be charged at 2.5% per month, calculated daily.

You are liable for all reasonable costs incurred in recovering overdue amounts, including legal fees and debt collection costs.

4. Access and Client Responsibilities

You agree to:

Provide safe, clear, and timely access to the site.

Disclose all known information relevant to the wastewater system, including previous issues, plans, or approvals.

Ensure services and utilities are available where reasonably required.

We are not responsible for delays or additional costs caused by restricted access, undisclosed information, or unsafe site conditions.

5. Health, Safety, and Compliance

All services will be undertaken in accordance with the Health and Safety at Work Act 2015, relevant regulations, and accepted industry practice.

You must ensure the site is safe, compliant, and free from known hazards, and must notify us of any risks prior to commencement.

We reserve the right to suspend or cease services where unsafe conditions exist, without liability for delay or cost.

6. Regulatory and Council Matters

Services are provided with reference to applicable legislation and standards, including but not limited to:

Building Act 2004 and Building Code of New Zealand

AS/NZS 3500 (Plumbing and Drainage)

AS/NZS 1547 (On-site Domestic Wastewater Management)

Relevant regional and district council rules

NZ Health and Safety legislation

Advice, designs, and opinions are based on regulatory requirements in force at the time of service.

Final approval, consent issuance, and compliance acceptance remain the responsibility of the relevant authority.

We do not warrant or guarantee regulatory approval or third-party acceptance.

7. Limitation of Liability

To the maximum extent permitted by law, our total liability arising out of or in connection with the services is limited, at our option, to re-performing the services or the cost of re-performing the services.

We exclude all liability for indirect, consequential, or economic loss, including loss of profit, loss of use, or regulatory delay.

Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993, where that Act applies.

8. Warranties

All professional opinions, reports, and recommendations are based on visual inspection, available information, and conditions existing at the time of service.

No warranty is given as to the future performance, capacity, or compliance of any existing wastewater system unless expressly stated in writing.

9. Ownership and Reliance on Documents

All intellectual property, including reports, designs, drawings, and documentation, remains our property until full payment is received.

Documents are prepared solely for the specific purpose agreed and may not be relied upon by any third party or for any other purpose without our prior written consent.

Unauthorised reliance is at the recipient’s sole risk.

10. Cancellation and Postponement

Cancellations with less than 24 hours’ notice may incur a call-out or cancellation fee.

We reserve the right to reschedule due to weather, safety concerns, or circumstances beyond our control.

11. Disputes

Any concerns must be raised with us as soon as reasonably practicable.

We will work in good faith to resolve disputes before any formal action is taken.

12. Governing Law These Terms are governed by the laws of New Zealand, and the New Zealand courts have exclusive jurisdiction.