These Terms and Conditions (“Terms”) govern the provision of services by Covaflex (“we,” “us,” or “our”) to you (“the Customer,” “you”). By engaging our services, you agree to be bound by these Terms. Please read them carefully.
1. Services Provided
Covaflex specialises in the repair and maintenance of truck curtains, including but not limited to, patching, welding, stitching, buckle replacement, and tracking repairs. We strive to provide high-quality workmanship using appropriate materials.
2. Quotes and Estimates
2.1. All quotes provided by Covaflex are based on the information provided by the Customer and a visual assessment of the damage. 2.2. Quotes are valid for 30 days from the date of issue, unless otherwise stated. 2.3. An estimate is an approximation of the likely cost and may be subject to change if unforeseen issues arise during the repair process or if the scope of work changes. We will endeavor to notify you of any significant variations to an estimate before proceeding with the additional work. 2.4. A deposit may be required before commencing certain repairs, particularly for larger jobs or custom work. This will be specified in your quote.
3. Customer Responsibilities
3.1. Vehicle/Curtain Condition: It is your responsibility to ensure that the truck curtains presented for repair are clean and free from excessive dirt, mud, or hazardous materials (e.g., chemicals, flammable substances). A cleaning fee may apply if the curtains require extensive cleaning before repairs can commence. 3.2. Accuracy of Information: You must provide accurate and complete information regarding the nature of the damage and any specific requirements for the repair. 3.3. Access: You must provide safe and clear access to the curtains requiring repair, whether at our workshop or a mutually agreed-upon site (if mobile service is provided). 3.4. Removal of Valuables: Please ensure all valuable items are removed from the truck/curtain area before repairs commence. We do not accept responsibility for loss or damage to items left in or on the vehicle.
4. Repair Process and Completion
4.1. Repair Timeframes: We will provide an estimated timeframe for the completion of repairs. These are estimates only and may vary due to factors beyond our control (e.g., availability of parts, complexity of repair, unforeseen issues). We will keep you informed of any significant delays. 4.2. Workmanship Guarantee: We guarantee our workmanship for a period of 3 months from the date of repair, covering defects directly attributable to faulty workmanship or materials supplied by us. This guarantee does not cover: * Normal wear and tear. * Damage caused by misuse, abuse, accident, or neglect after the repair. * Damage caused by factors outside our control (e.g., further impact damage, extreme weather conditions). * Repairs carried out on pre-existing damage that was not part of our scope of work. * Repairs where the original material’s integrity was significantly compromised prior to our repair. 4.3. Pick-up/Collection: You will be notified when your repaired curtains are ready for collection. Curtains not collected within 7 days of notification may incur storage fees, unless prior arrangements have been made. After 30 days, uncollected items may be disposed of or sold to recover costs, in accordance with the Contractors’ Liens Act 1892 (NZ) or other relevant legislation.
5. Payment Terms
5.1. Payment for services is due in full upon completion of the repair and prior to the release of the truck curtains, unless otherwise agreed in writing. 5.2. We accept payment via [Specify accepted payment methods, e.g., EFTPOS, bank transfer, credit card (Visa/Mastercard)]. 5.3. All prices quoted are in New Zealand Dollars (NZD) and are exclusive of GST, unless otherwise stated. GST will be added to the final invoice at the prevailing New Zealand rate. 5.4. Overdue Accounts: If an invoice remains unpaid beyond the agreed due date, we reserve the right to charge interest on the overdue amount at a rate of 10% per annum, calculated daily, from the due date until the date of full payment. We may also charge any reasonable costs incurred in recovering the debt, including but not limited to, debt collection agency fees and legal costs.
6. Limitation of Liability
6.1. To the extent permitted by law, Covaflex’s total liability for any claim arising out of or in connection with the services provided, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount paid by you for the specific services giving rise to the claim. 6.2. We are not liable for any indirect, consequential, special, or incidental damages, including but not limited to, loss of profit, loss of revenue, loss of data, or business interruption, arising from the use or inability to use our services. 6.3. Nothing in these Terms limits or excludes any rights or remedies you may have under the Consumer Guarantees Act 1993 (“CGA”) or the Fair Trading Act 1986 (“FTA”), where applicable. If you are acquiring our services for business purposes, the CGA does not apply.
7. Personal Property Securities Act 1999 (PPSA)
7.1. Where applicable, you grant us a security interest in the truck curtains and/or any goods supplied by us until full payment for the services and goods has been received. 7.2. You agree that we may register a financing statement on the Personal Property Securities Register (PPSR) to protect our security interest.
8. Health and Safety
8.1. When visiting our workshop or when we are working on your premises, you agree to comply with all reasonable health and safety instructions issued by our staff. 8.2. We reserve the right to cease work if, in our reasonable opinion, the work environment is unsafe or poses a risk to our staff.
9. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to, acts of God, war, terrorism, strikes, natural disasters, or significant supply chain disruptions.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.
11. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
12. Entire Agreement
These Terms constitute the entire agreement between you and Covaflex concerning the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
13. Changes to Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website or providing notice to you. Your continued engagement of our services after such amendments constitutes your acceptance of the revised Terms.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Covaflex
info@covaflex.co.nz