Terms & Conditions
General Business Terms
These Terms of Trade apply to the supply of commercial surface protection products and installation services provided by ShieldIt Solutions Limited. By engaging ShieldIt to provide products or services, you agree to be bound by these Terms of Trade.
1. Purpose of this agreement
1.1 This agreement sets out the terms that apply to the relationship between you and your agent(s) and/or principal(s) (“you” and “your”) and Shieldit Solutions Limited trading as Shieldit and our agent(s) (“we”, “us” and “our”).
1.2 This agreement will bind you and your principal(s) and agent(s). In entering into this agreement as an agent you declare that you are authorised to:
- act for the owner of the property subject to our products and services; and
- enter into this agreement and contract for our products and services on the owner(s’) behalf.
1.3 The failure of us to exercise or enforce any right or provision of these Terms of Trade shall not constitute a waiver of such right or provision.
These Terms of Trade and any policies or operating rules posted by us on pur website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Trade).
1.4 Any ambiguities in the interpretation of these Terms of Trade shall not be construed against the drafting party.
2. Collection and Use of Information
2.1 You agree to provide us with and allow us to use all information necessary to give effect to this agreement and the provision of our products and performance of our services.
2.2 Unless your consent is withdrawn in writing, you agree to the disclosure of information:
a. to give effect to the provision of our products and services;
b. to enforce our obligations under this agreement or any additional agreement;
c. when authorised by you or required by law;
d. to assess credit worthiness; and
e. to market any of our products and services.
2.3 We will comply with the Privacy Act 1993. We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information. You may access your information and ask us to correct any mistakes.
3. Products and services
3.1 “Product(s)”, “Charges” and “service(s)” means and includes without limitation:
a. tools, components, parts, items, units, systems, fixtures, fittings, accessories and materials (whether separate, attached to something or the subject of our services) supplied by us;
b. supply, delivery, labour and installation; and
c. agency fees, charges and out of pocket expenses incurred by us, that are identifiable in any document or electronic record issued by either party (all of which are deemed to be incorporated into and form part of this agreement) or as ours by marking or manner of storage.
4. Pricing, Services and Charges
4.1 The price is the cost of the products and services as agreed between you and us from time to time subject to GST and out of pocket expenses. If no price is stated, the price will be the standard amount at which we provide the products and services at the time of your order. The price is subject to reasonable change due to variations to the products and services to be provided or circumstances beyond our control.
Any necessary access equipment is not included in the price unless specified otherwise. Additional travel expenses may apply based on the site location and will be agreed upon before the start date.
4.2 Charges:
a. Surcharges of $60 apply in the following cases:
- Minimum Installation Requirement: A minimum of 50 m² must be installed per site visit. Visits with less than 50 m² installed will incur a $60.00 surcharge.
- Installer Availability: If installers are scheduled to attend the site but work is unavailable, a $60.00 call-out surcharge will be applied.
- Per Installer Hourly Rate Surcharge: $60.00 per hour will apply under these conditions:
-
- Waiting Time: If installers are required to wait on site until the item to be protected is ready, a charge of $60.00 per hour will be incurred.
- Debris Removal: If ShieldIt installers must remove debris or items to apply protection, a $60.00 per hour surcharge will apply.
- Installation Site Call-Out Fee Structure:
Starting Location: ShieldIt Warehouse – 35 Regency Place, Sunnynook, Auckland.
Charges are calculated via the most direct route using Google Maps.
|
Distance (km) |
Call-Out Fee |
|
0–5 kms |
$35.00 |
|
6–15 kms |
$65.00 |
|
16–30 kms |
$90.00 |
|
31–50 kms |
$120.00 |
|
51+ kms |
Time & Km Charge (calculated based on actual distance and time) |
5. Quotes
5.1 Where a quote is given by us for products and services:
a. Unless otherwise agreed, the quote shall be valid for 30 days from the date of issue.
b. The quote shall be exclusive of GST unless stated otherwise.
c. We reserve the right to alter the quote because of circumstances beyond our control.
5.2 A quote is an estimate only; prices may change depending on actual materials, labour, or circumstances.
5.3 Acceptance: by accepting a quote, whether in writing, verbally, by email confirmation, purchase order, deposit payment, or by instructing us to proceed with supply of products or services, you acknowledge and agree that:
- The quote forms part of this agreement;
b. All terms and conditions contained in this agreement apply to the quote; and
c. Acceptance of the quote constitutes full acceptance of these terms and conditions.
6. Payment
6.1 You agree to pay us:
a. A deposit before delivery of products or commencement of services, if requested;
b. The balance in full on delivery of products or completion of services; and
c. Any expenses incurred by us because of your default.
6.2 If payment is not made when due, you agree to pay:
a. Interest at the current Westpac New Zealand 90-day Bank Bill Rate plus a margin of 2.5% per month on overdue amounts;
b. All costs incurred by us in recovering the debt including debt collection agency fees and legal costs.
7. Warranties and Limitations
7.1 We warrant that products supplied are free from defects for a period specified by the manufacturer or supplier.
7.2 This warranty does not cover:
a. Defects arising from misuse, neglect, or accident;
b. Work not carried out by us; or
c. Products modified without our approval.
7.3 To the extent permitted by law, our liability is limited to the lesser of:
a. Replacing or repairing the product; or
b. Refund of the price paid.
8. Cancellation and Termination
8.1 You may cancel an order before supply or commencement of services but may incur costs for work already undertaken or materials purchased.
8.2 We may cancel this agreement at any time by notice if you:
a. Breach its terms; or
b. Become insolvent
- In our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Trade, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
8.3 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
9. Risk and Ownership
9.1 Risk in products passes to you on delivery.
9.2 Ownership remains with us until payment is made in full.
9.3 If payment is not made, we may repossess products and enter premises where products are stored.
10. Your Responsibilities
10.1 You must:
a. Ensure site access and readiness;
b. Provide safe working conditions;
c. Obtain necessary consents and approvals;
d. Comply with all laws and regulations.
11. Intellectual Property
11.1 All intellectual property in our products, services, designs, or documents remains ours.
11.2 You may use our intellectual property only for the purpose supplied.
12. Confidentiality
12.1 Both parties agree to keep confidential all information obtained under this agreement, except as required by law.
13. Consumer Guarantees Act
13.1 If you are acquiring products or services for business purposes, the provisions of the Consumer Guarantees Act 1993 do not apply.
14. Personal Property Securities Act (PPSA)
14.1 You agree to:
a. Provide all information necessary for us to register a financing statement; and
b. Waive rights under sections 114(1)(a), 133 and 134 of the PPSA.
15. Dispute Resolution
15.1 If a dispute arises, parties shall first attempt to resolve it by negotiation.
15.2 If not resolved, the dispute will be referred to mediation before any court action.
Website Terms of Use
These Website Terms of Use govern access to and use of the ShieldIt website. By accessing or using this website, you agree to be bound by these terms.
1. Website Purpose & Information Disclaimer
The information on this website is provided for general information purposes only. While ShieldIt Solutions Limited (“ShieldIt”) takes reasonable care to ensure content is accurate and current, we do not guarantee that information on this website is complete, up to date, or free from errors.
Content on this website is not intended to constitute professional advice, technical advice, or a binding offer. All services are provided subject to formal quotations and agreed Terms of Trade.
2. Use of Website
You agree not to use this website:
- For any unlawful purpose;
- To interfere with the operation, security, or functionality of the website;
- To attempt to gain unauthorised access to systems or data;
- To copy, reproduce, distribute, or commercially exploit website content without prior written permission.
ShieldIt reserves the right to restrict or terminate access to this website where misuse is identified.
3. Intellectual Property
All content on this website, including text, images, graphics, logos, designs, and layout, is the property of ShieldIt Solutions Limited unless otherwise stated.
No content may be reproduced, distributed, or used for commercial purposes without prior written consent.
4. Limitation of Liability
To the maximum extent permitted by law, ShieldIt is not liable for any loss, damage, or claim arising from reliance on information contained on this website.
Use of this website is at your own risk. ShieldIt does not warrant that the website will be uninterrupted, error-free, or secure, nor that defects will be corrected.
5. Third-Party Links
This website may contain links to third-party websites for convenience or reference. ShieldIt does not control, endorse, or accept responsibility for the content, accuracy, or practices of third-party websites.
Accessing third-party websites is at your own risk.
6. Privacy
Personal information collected through this website is handled in accordance with ShieldIt’s Privacy Policy and the Privacy Act 2020 (NZ).
7. User Submissions & Feedback
If you provide feedback, comments, or other submissions to ShieldIt (whether requested or unsolicited), you grant ShieldIt the right to use, reproduce, and publish that material without restriction.
ShieldIt is under no obligation to keep submissions confidential, provide compensation, or respond to submissions.
You warrant that any submissions do not infringe the rights of any third party or contain unlawful or harmful material.
8. Errors and Omissions
Occasionally, information on this website may contain typographical errors, inaccuracies, or omissions. ShieldIt reserves the right to correct errors or update information at any time without notice.
ShieldIt has no obligation to update or amend website content except as required by law.
9. Prohibited Conduct
You must not use this website to:
- Violate any applicable laws or regulations;
- Infringe intellectual property rights;
- Transmit malicious code, viruses, or harmful data;
- Harvest personal information without consent;
- Engage in abusive, defamatory, or discriminatory behaviour.
Breach of these terms may result in access being restricted or terminated.
10. Indemnity
You agree to indemnify and hold harmless ShieldIt Solutions Limited and its directors, employees, contractors, and agents from any claim, loss, or liability arising from your breach of these Website Terms of Use.
11. Severability
If any provision of these Website Terms of Use is found to be unenforceable, the remaining provisions will continue in full force and effect.
12. Governing Law
These Website Terms of Use are governed by and construed in accordance with the laws of New Zealand.
13. Changes to Website Terms
ShieldIt may update these Website Terms of Use at any time by posting changes on this page. Continued use of the website constitutes acceptance of any updated terms.
14. Website Disclaimer & Limitation of Liability
The ShieldIt website is provided on an “as is” and “as available” basis. While we take reasonable care to ensure accuracy, we do not warrant that the website, its content, or any information provided will be uninterrupted, error-free, complete, or suitable for any particular purpose.
To the maximum extent permitted by law, ShieldIt Solutions Limited is not liable for any loss, damage, or claim arising from reliance on information contained on this website, including (without limitation) technical inaccuracies, omissions, or changes to content.
All products and services referenced on this website are supplied subject to ShieldIt’s Terms of Trade, which apply to all quotations, supply, and installation services.
15. Contact
Questions regarding these Website Terms of Use may be directed to:
info@shieldit.co.nz