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TERMS OF TRADE
All transactions between Giant Contracting and Giant Contracting's customers will be subject to Giant Contracting's Terms of Trade.
Giant Contracting may operate three methods of pricing for their work and services:
(i) Fixed Price;
(ii) Estimated Price;
(iii) Hourly Rate/Fee (Time & Materials).
1.2 Fixed Price
1.2.1 In the event that Giant Contracting provides a written Fixed Price Quote to the customer, the price shall not be subject to change. For the avoidance of doubt:
1.2.2 Giant Contracting will not have issued a Fixed Price Quote unless the quote provided to the Customer explicitly states that the quote is a Fixed Price Quote; and
1.2.3 A quote or any other representation made by Giant Contracting as to price that is not a Fixed Price Quote is an Estimate.
1.3 Estimated Price
1.3.1 An Estimate is based on the time engaged and the materials used to complete a Customer's instruction. An Estimate is subject to change from time to time in the sole discretion of Giant Contracting. Giant Contracting will obtain approval from the Customer for increases in the Estimated Price by 20% or more.
1.4 Hourly Rate
1.4.1 In the event Giant Contracting has not provided the Customer with a Fixed Price Quote or an Estimated Price prior to commencement of work, then Giant Contracting shall charge an Hourly Rate for the work and services undertaken.
A call out fee of $150 will be charged for the first 30 minutes of work.
2.1.1 Invoices will be sent by email unless otherwise agreed.
2.1.2 Payment of invoices is due 14 calendar days after receiving the invoice, unless otherwise agreed.
2.1.3 Invoicing will be based on completion, activity or milestone.
Time & Materials projects may be invoiced monthly.
2.1.4 If the Customer does not make payment on the Due Date, Giant Contracting reserves the right to charge;
(i) A late fee of 5% of any portion not paid by the end of the month following the due date for payment.
(ii) Interest at a rate of 1.5% per month may be charged on all overdue accounts until payment is received in full by Giant Contracting.
(iii) The Customer is liable for any legal costs that Giant Contracting may occur to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms of Trade.
2.1.5 Giant Contracting Limited retains full ownership of goods and components supplied until payment is received in full. If you wish to dispute this invoice, you must do so within 5 days of receiving the invoice. Failure to do so will be deemed as acceptance.
2.2 Cancellation payments
2.2.1 Should the Customer cancel the engagement after acceptance of a Quotation or Fixed Price offer, the Customer will be responsible for any loss of profit that Giant Contracting may suffer and the full cost of any services and materials or such part of any services and materials which Giant Contracting has committed to pay on your behalf at or before the time of cancellation.
4.1 Permits for proposed work
4.1.1 The Customer will be responsible for obtaining any necessary licenses, permits and/or building consents required for the proposed work.
Terms of Trade: Industries
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