Terms and conditions

Last updated: 1 October 2026. These Terms and Conditions apply to website use, quotations, orders, supply of goods and performance of services by Heat Wave Solutions (“we”, “us” or “our”). They are intended to operate with the quotation, invoice, work order or written agreement for a specific job. If those documents conflict, the later document expressly agreed for that job prevails to the extent of the conflict.

1. Meaning of key words and acceptance

In these terms, a Customer is the person, company, partnership, trustee or other entity requesting work; Goods includes equipment, materials and parts; Services includes supply, installation, maintenance, repair, design and related work; and Price means the agreed charges plus GST and other stated amounts. A Customer includes its authorised representatives, successors and permitted assigns. Where there is more than one Customer, each is responsible jointly and individually. A person who represents that they can bind a company, partnership or trust may be treated as authorised unless we receive clear written notice of a limit on that authority.

You accept these terms by asking us to proceed, accepting a quote, issuing an order, authorising a variation, accepting delivery or allowing work to begin. Changes to these terms must be agreed in writing. Electronic communications and electronic signatures may be used where they meet applicable legal requirements, including the Contract and Commercial Law Act 2017.

2. Quotes, information and corrections

Website material, calculations, catalogues and other information are general only and may contain an inadvertent error or omission. We may correct an obvious error, typographical mistake or inaccurate description without the error alone invalidating the agreement, except to the extent caused by our negligence or where the law says otherwise.

A quote is based on the information available when it is issued and remains open for the period shown on it, or 30 days if no period is stated. We may rely on plans, specifications, quantities, measurements and instructions supplied by the Customer. The Customer must check that information before materials are ordered or work begins and is responsible for loss or cost caused by incorrect or incomplete information.

3. Authorised contacts, credit and changes to details

Tell us in writing if a nominated representative has limited authority, or is no longer authorised. Otherwise, we may rely on that person to request work, materials and variations. The Customer is responsible for authorised work and related charges. Credit is available only if we approve a written credit application and credit limit. We may decline supply, pause work or require payment in advance when a limit is exceeded or an account is overdue.

The Customer must give us reasonable written notice of a change in ownership, legal name, address, trustees, contact details or business practice that could affect the agreement, credit position or delivery. The Customer is responsible for reasonable loss caused by not providing that notice.

4. Price, GST, deposits and payment

The Price is the amount in the accepted quote or invoice, subject to authorised variations. It may be adjusted when the Customer changes the scope, timing, design, plans or materials; when unexpected site conditions, unsafe or non-compliant items, concealed services or access difficulties are found; or when labour or material costs outside our reasonable control change. We will describe a variation and its likely cost in writing where reasonably practicable. A deposit, progress payment, retention or payment schedule may apply if it is stated in the job documents.

Unless the quote or invoice says otherwise, payment is due on completion, on the stated invoice date, under the agreed progress schedule, or seven days after invoice. Approved account customers may have different written terms. GST, applicable duties, card surcharges and reasonable delivery, redelivery or storage costs are payable in addition to the Price unless expressly included. We may allocate payments to any outstanding invoice and may reallocate them after a default. The Customer must not withhold, deduct or set off payment except where a non-excludable legal right applies.

5. Delivery, timing, title and risk

Any delivery or completion date is an estimate, not a guarantee. We will use reasonable efforts to meet it, but may extend the programme for delays outside our reasonable control, including unavailable materials, weather, site readiness, Customer decisions, access, safety or regulatory matters. The Customer must receive or collect Goods when made available. If Goods cannot be received as arranged, reasonable redelivery and storage charges may apply.

Risk in Goods passes when they are delivered to the Customer, site or another place nominated by the Customer. Goods left at an unattended place at the Customer’s request are at the Customer’s risk. The Customer must insure Goods from that point. Title remains with Heat Wave Solutions until all amounts owing for the Goods have cleared and all related obligations are met. Until title passes, the Customer must keep the Goods identifiable, protect them and not grant another party an interest in them. If the law permits, we may recover unpaid Goods from premises where they are kept after reasonable notice.

6. Site condition, access and Customer-provided materials

The Customer must provide safe, timely and clear access to the work area, and tell us about hazards, site rules, asbestos, unsafe wiring, restricted access, underground or concealed services, and any other relevant condition. Before excavation or work near services, the Customer must identify and mark known electrical, gas, water, drainage, communications and other underground services. We will take reasonable care, but the Customer is responsible for loss arising from services not properly identified or disclosed.

The Customer confirms that structures, electrical capacity and other existing systems are suitable for the proposed work unless we have expressly agreed to assess or upgrade them. We may stop or defer work if conditions are unsafe, unlawful, non-compliant or unsuitable. Work needed to make a site safe or suitable is a variation unless included in the agreed scope. Customer-supplied or third-party materials must be suitable, compliant and fit for their intended use; we may refuse or stop work involving materials we reasonably consider unsafe or non-conforming.

7. Compliance, electrical safety and subcontractors

Each party must comply with laws, regulations, codes, consents and site requirements that apply to it. Unless the job documents say otherwise, the Customer obtains approvals, permits and consents outside our agreed scope. We may need to isolate power, delay work or carry out necessary safety rectification where a switchboard, wiring or nearby installation is unsafe. Additional authorised safety work is chargeable as a variation.

We may use suitably qualified employees or subcontractors to perform any part of the Services. We remain responsible for our obligations to the extent required by law, but the Customer must direct instructions through Heat Wave Solutions rather than directly instructing a subcontractor.

8. Inspection, defects and consumer rights

The Customer should inspect Goods and Services promptly. Notify us in writing of a claimed shortage, damage, defect or mismatch within 30 days of delivery or completion, and give us a reasonable opportunity to inspect. This does not limit a right that cannot legally be limited. For a valid claim, we may repair, replace, reperform or provide another lawful remedy, having regard to the Consumer Guarantees Act 1993 and any other applicable law.

Where Goods or Services are obtained for business purposes, the parties may agree in writing, where legally permitted, that the Consumer Guarantees Act 1993 does not apply. Nothing in these terms excludes statutory rights that cannot be excluded.

9. PPSA, security interests and charges

If we supply Goods or provide Services on credit, these terms may create a security interest for the purposes of the Personal Property Securities Act 1999 (PPSA). The Customer agrees to sign reasonable documents and provide accurate information needed to register, maintain or release a financing statement. To the extent the PPSA permits, the Customer waives rights to receive notices or verification statements that the parties may lawfully waive and must not register a competing financing statement over the Goods without our written consent.

Where a separate written credit agreement or security document provides for a charge over property, the Customer gives the security described in that document to secure its obligations. The Customer must reimburse reasonable registration, release and enforcement costs where the law permits. These clauses are subject to mandatory PPSA and other legal requirements.

10. Ownership of documents and intellectual property

Unless we agree otherwise in writing, Heat Wave Solutions retains intellectual-property rights in its designs, drawings, proposals, methods, documents and work product. The Customer may use materials supplied for the agreed job only, not reproduce or give them to another supplier for another purpose without written approval. The Customer warrants that its instructions, plans and specifications do not infringe another person’s rights and indemnifies us for a claim caused by that breach.

We may photograph or describe completed work for our portfolio, marketing or award entries without identifying the Customer or disclosing private information, unless the Customer asks us in writing not to do so before work begins.

11. Overdue accounts, suspension and cancellation

Overdue amounts may attract interest at 2.5% per calendar month, calculated daily and compounded monthly, to the extent permitted by law and stated in the job documents. The Customer must pay reasonable costs of recovering an overdue account, including bank dishonour, collection and legal costs where legally recoverable. A reversed payment may be recovered together with reasonable resulting costs.

We may suspend or cancel uncompleted work after appropriate written notice if payment is overdue, a payment schedule is not honoured, credit is exceeded, the Customer is insolvent, access or safety requirements are not met, or the Customer otherwise materially breaches the agreement. For construction work, any suspension will be exercised only in accordance with the Construction Contracts Act 2002 and any required notice. A suspension may extend the completion time and make reasonable suspension and restart costs a variation. If the default remains unresolved after the notice period, we may terminate the agreement.

The Customer may cancel by written notice, but must pay for work completed, Goods ordered or made to specification, and reasonable costs committed before cancellation. We may cancel before delivery by written notice and refund payments for undelivered Goods, less any lawful agreed cancellation charge. Special-order or custom Goods generally cannot be cancelled once production or supplier ordering has begun.

12. Privacy, confidentiality and website technology

We handle personal information in accordance with our Privacy Policy and applicable privacy law. Confidential commercial, technical, pricing and personal information must not be disclosed except as needed for the job, to professional advisers or service providers, with consent, or where the law requires. If we become aware of a privacy breach that is likely to cause serious harm, we will respond and notify affected people or authorities where required.

Our website and providers may use cookies and similar technology for essential functionality, security and limited technical information. If a credit facility is requested, the Customer may be asked to authorise appropriate identity, credit-reference or collection checks. We do not use a website enquiry alone as consent for marketing; any marketing use will follow the Privacy Policy and applicable law.

13. Notices, trusts, assignments and disputes

A notice must be in writing and may be delivered by hand, sent by post to the last notified address, or emailed to the last notified email address. It is treated as received when delivered, when it would ordinarily arrive by post, or when the sender’s system shows successful email transmission unless a delivery failure is received.

A Customer acting as trustee confirms it has authority to enter this agreement, has a right of indemnity from the trust assets, and will not take action that unfairly prejudices that right or our agreed security without written consent. Heat Wave Solutions may assign its rights or use a subcontractor. The Customer may not assign its obligations without our written consent.

Before starting court proceedings, the parties should try in good faith to resolve a dispute directly. A construction dispute may be referred to adjudication under the Construction Contracts Act 2002; other disputes may be referred to arbitration by agreement. These terms are governed by New Zealand law and New Zealand courts have jurisdiction.

14. Liability, events beyond control and general

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, including lost profit, arising from the agreement. Where liability may lawfully be limited, Heat Wave Solutions’ total liability for a claim is limited to the Price paid for the Goods or Services giving rise to that claim. This does not affect liability that cannot be limited by law.

Neither party is responsible for delay or failure caused by an event outside its reasonable control, such as severe weather, fire, flood, epidemic, strike, supply interruption, war or civil emergency. A failure to enforce a provision is not a waiver. If a provision is invalid or unenforceable, the remaining provisions continue. Each party confirms it has authority to enter this agreement and is not insolvent. We may update these standard terms for future work by giving notice; a change does not alter an existing agreed job unless the parties agree in writing.

Contact

Questions about these terms can be sent to Heat Wave Solutions at info@heatwavesolutions.co.nz or by calling 022-318-0510.