Quote - Terms & Conditions

These terms are between the company named in the quote, herein referred to as “Client” and LM Safety Limited, herein referred to as “Consultant”.

  • This quotation is valid for one month from the date of quotation. This quotation is only valid upon receipt by the Consultant of written acceptance. The Consultant may cancel an accepted quotation, by notifying the client in writing, at any time prior to commencing work.
  • Where the Consultant submits a monthly payment claim for work in progress (as referred to in the payment claim), the Client must pay the Consultant the amount claimed in full before the 20th of the following month, unless otherwise specified in this quotation.
  • Where the Consultant submits a final payment claim on the completion of the works to the client, the client must pay the Consultant the amount claimed in full within 5 working days of the receipt of the final payment claim.
  • The Consultant reserves the right to charge interest on all overdue payments. The interest rate shall be ASB Banking Corporation’s indicator lending rate plus 5% per annum. Interest shall be calculated on a daily basis.
  • The Client is not entitled to deduct, set off or retain any amounts or withhold retentions from payments, unless otherwise specified in this quotation.
  • Any variation to this quotation must be agreed in writing by the Client and the Consultant.
  • This quotation is based on current material, labour, freight and overhead costs. The Consultant reserves the right to charge the Client any increased costs which may arise after the date of this quotation.
  • The Consultant is to provide the Client with the services (the “Services”) outlined in the quotation.  The services will include any other tasks which the Client and the Consultant may agree on.
  • The Consultant confirms that they have the knowledge, skill and capability to perform such services for the Client as outlined in the quotation.
  • An agreement will begin on the date of the quotation acceptance and will remain in full force and effect until the completion of the Services. This Agreement may be extended by mutual written agreement of the Parties.
  • The maximum aggregate amount payable, whether in contract, tort or otherwise, in relation to claims, damages, liabilities, losses or expenses related to Asbestos, shall be two times the fee (exclusive of GST and disbursements) with a maximum limit of NZ$5,000. 
  • Until the work is completed and payment is received in full, the Consultant retains legal ownership and title to all goods, analyses, opinions, and intellectual property supplied.
  • The Consultant is acting as an independent contractor in providing the Services under any Agreement, not as an employee. The Parties agree that this Agreement does not create a joint venture or a partnership between them
  • Any modifications or amendments to this Agreement will be binding if evidenced in writing and signed by each Party.
  • The client shall pay all costs, charges, and expenses (including legal costs) incurred by the Consultant in consequence of or in connection with any breach or default by the client in the performance of any terms and conditions.
  • The Consultant shall not be restricted in delivering its services to other individuals or businesses while the Services are being delivered to the Client, unless doing so would be in conflict with the interests of the Client, as determined by the Consultant.