1. Definitions

"Contractor" means Peak Rope Access Ltd, including its directors, employees, and authorised subcontractors.

"Client" means the person, firm, company, or entity purchasing services from the Contractor.

"Services" means all work, access solutions, materials, and/or consultancy provided by the Contractor.

"Site" refers to the physical location where services are delivered.

"Quote" or "Estimate" means the Contractor’s written proposal for the work to be carried out.

"Terms" means these Terms and Conditions of Trade.

2. Acceptance

Any instructions received by the Contractor from the Client for the supply of Services shall constitute acceptance of these Terms.

Where more than one Client is named, each shall be jointly and severally liable.

3. Scope of Work

The Contractor shall perform the Services outlined in the accepted Quote or agreed scope.

Variations must be agreed in writing. Verbal variations may incur delays and/or additional charges.

4. Pricing & Payment

All prices are in New Zealand Dollars (NZD) and exclude GST unless stated otherwise.

Payment terms are 7 days from invoice date, unless agreed otherwise in writing.

A deposit or progress payments may be required at the Contractor’s discretion.

Overdue accounts may incur interest at 2.5% per month and all debt recovery costs will be recoverable from the Client.

The Contractor reserves the right to withhold services or materials if payment is overdue.

5. Health & Safety

The Contractor operates under the Health and Safety at Work Act 2015 and IRATA rope access standards.

The Client must disclose known hazards on site.

The Contractor reserves the right to stop work if safety conditions are deemed unacceptable.

6. Access & Delays

The Client must provide safe and timely access to the Site.

Delays outside the Contractor’s control (e.g. weather, restricted access, other trades) may incur extra costs.

The Contractor is not liable for delays caused by third parties.

7. Warranties & Liability

The Contractor guarantees workmanship for 12 months from completion, subject to fair wear and tear.

The Contractor shall not be liable for:

   - Damage due to misuse or neglect after completion;

   - Pre-existing structural defects;

   - Delays or defects due to materials supplied by the Client;

   - Incidental or consequential loss.

Liability is limited to the value of the Services provided.

8. Ownership & Risk

All materials supplied by the Contractor remain its property until full payment is received.

Risk passes to the Client once materials are delivered to Site.

9. Cancellation

The Client may cancel Services with at least 48 hours’ notice.

Cancellations within 48 hours of scheduled work may incur a charge to cover time, travel, or preparation.

The Contractor may cancel the contract if the Client breaches these Terms or fails to provide safe conditions.

10. Dispute Resolution

In the event of a dispute, both parties agree to attempt resolution in good faith.

If unresolved, the matter may be referred to Mediation under the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) rules.

The Contractor reserves the right to pursue debt collection or legal action for unpaid invoices.

11. Consumer Guarantees Act 1993

Where the Client is acquiring services for business purposes, the provisions of the Consumer Guarantees Act 1993 do not apply.

12. Privacy

All personal or business information collected will be handled in accordance with the Privacy Act 2020.

13. General

These Terms may only be varied in writing by the Contractor.

If any part of these Terms is found to be invalid, it will not affect the enforceability of the remaining provisions.

These Terms shall be governed by the laws of New Zealand