Effective November 2026

 

1. General Conditions

1.1 These Terms & Conditions apply to all quotations, sales, supplies, installations and services provided by UIV Limited trading as Premier Solutions ("Premier Solutions", "we", "us" or "our") to the customer ("Customer").

1.2 Acceptance of a quotation, provision of written instructions, issuing of a purchase order, or authorisation to commence work constitutes acceptance of these Terms & Conditions, provided they have been supplied or otherwise brought to the Customer's attention before the contract is formed.

1.3 Any variation to these Terms & Conditions must be agreed in writing by an authorised representative of Premier Solutions.

1.4 Where a separate written contract has been agreed, that contract will prevail to the extent of any inconsistency.

1.5 Nothing in these Terms & Conditions limits any rights or obligations that cannot lawfully be excluded.

 

2. Quotations and Pricing

2.1 All quotations remain valid for 30 days from the date of issue unless otherwise stated.

2.2 Quotations are based on the plans, specifications, measurements, R-values, site information and scope of work available at the time of pricing.

2.3 Any changes to plans, specifications, materials, quantities, building requirements or site conditions may result in a price variation.

2.4 Unless otherwise stated, quotations are exclusive of GST, which will be added at the prevailing rate.

2.5 Where installation has not commenced within 60 days of the original quotation date, Premier Solutions reserves the right to review pricing. Any revised price will be notified to the Customer and agreed before the affected work proceeds.

2.6 Quotations exclude additional works, unforeseen site conditions and other costs not expressly identified in the quoted scope.

 

3. Scope of Work and Variations

3.1 Premier Solutions will supply and/or install insulation products and associated services as specified in the accepted quotation.

3.2 Additional work arising from revised plans, changes in R-values, alterations to the construction, increased quantities, restricted access or other unforeseen circumstances will be treated as a variation.

3.3 Variations will be communicated to the Customer and, wherever reasonably practicable, approved in writing before the additional work is undertaken.

3.4 Where urgent variations are necessary for safety, compliance or protection of property, Premier Solutions will notify the Customer as soon as reasonably practicable and agree any additional charges where required.

3.5 Premier Solutions is entitled to charge for agreed variations, additional materials, labour, transport, equipment hire and reasonable associated costs.

 

4. Site Access and Readiness

4.1 The Customer must provide reasonable, safe and unobstructed access to the site during agreed working hours.

4.2 The site must be ready for installation, including completed framing or other prerequisite construction work, accessible installation areas and the removal of obstructions.

4.3 The Customer is responsible for arranging suitable scaffolding, edge protection, platforms, lifting equipment or other access facilities where these are necessary and are not expressly included in the quotation.

4.4 Where site access is restricted, unsuitable or unsafe, Premier Solutions may postpone or suspend work until the issue is resolved.

4.5 Additional costs reasonably incurred due to site delays, failed site visits, inadequate access, manual handling, additional equipment or return visits may be charged to the Customer where the circumstances are outside Premier Solutions' reasonable control.

4.6 The Customer must advise Premier Solutions of known site hazards, including asbestos, contaminated materials, unsafe electrical installations, moisture damage, structural defects and restricted or unsafe access areas.

 

5. Delivery and Installation

5.1 Delivery and installation dates are estimates unless expressly agreed otherwise in writing.

5.2 Premier Solutions will use reasonable endeavours to meet agreed schedules and will notify the Customer of material delays as soon as reasonably practicable.

5.3 Premier Solutions will not be responsible for delays caused by matters outside its reasonable control, including adverse weather, supplier disruptions, construction delays, unsafe site conditions or other contractors.

5.4 Where work is completed in stages, Premier Solutions may issue progress invoices for work performed or materials supplied in accordance with the agreed payment arrangements and applicable legislation.

5.5 Premier Solutions may use suitably qualified employees or subcontractors to undertake the works and remains responsible for its contractual and statutory obligations.

6. Materials, Ownership and Risk

6.1 Unless otherwise agreed, materials supplied by Premier Solutions remain its property until payment has been received in full, to the extent permitted by law.

6.2 For materials delivered but not yet installed, risk of accidental loss or damage will pass to the Customer when delivered into the Customer's custody or control, except to the extent that loss or damage is caused by Premier Solutions or applicable law requires otherwise.

6.3 Any retention-of-title or security interest rights will be exercised only in accordance with applicable New Zealand legislation, including the Personal Property Securities Act 1999 where relevant.

6.4 Once materials are incorporated into a building or become fixtures, ownership and recovery rights will be subject to applicable law. Premier Solutions will not remove installed materials or enter premises without lawful authority.

 

7. Health and Safety

7.1 All work will be undertaken in accordance with the Health and Safety at Work Act 2015 and other applicable safety requirements.

7.2 The Customer must provide information concerning known site hazards and cooperate with Premier Solutions in managing health and safety risks.

7.3 Where multiple contractors are operating on site, the parties will consult, cooperate and coordinate their activities as required by law.

7.4 Premier Solutions reserves the right to stop or suspend work where an unacceptable safety risk exists.

7.5 Work will recommence once appropriate controls have been implemented.

7.6 Each party remains responsible for its own statutory health and safety obligations.

 

8. Waste and Site Cleanliness

8.1 Premier Solutions will take reasonable care to maintain a tidy working area and remove or collect offcuts associated with its installation activities.

8.2 Unless otherwise stated in the quotation, the Customer must provide a suitable location or appropriate waste facilities for disposal of installation waste.

8.3 Additional waste removal, skip hire or disposal costs may be charged where agreed or where these are outside the quoted scope.

8.4 Existing insulation removal, contaminated materials and specialist disposal services are excluded unless expressly included in the quotation.

 

9. Payment Terms

9.1 Unless otherwise agreed in writing, payment is due within 5 calendar days from the invoice date.

9.2 Where Premier Solutions has approved a Customer's credit account in writing, payment is due on the 20th day of the month following the invoice date, unless different terms have been agreed.

9.3 Premier Solutions may require a deposit, staged payments, payment for materials or other agreed payment arrangements before commencing or continuing work.

9.4 Progress invoices may be issued for staged installations, completed portions of work or materials supplied, in accordance with the agreed contract and applicable legislation.

9.5 Payments must be made in New Zealand dollars to the bank account nominated on the invoice.

9.6 Any disputed invoice amount must be notified promptly in writing, identifying the reason for the dispute. The Customer must pay any undisputed amount by the applicable due date, subject to any rights under the Construction Contracts Act 2002.

9.7 Premier Solutions may suspend further supply or installation for overdue accounts following appropriate notice and subject to its contractual and statutory obligations.

 

10. Overdue Accounts and Debt Recovery

10.1 Where an invoice remains unpaid after its due date, Premier Solutions may charge default interest at 2% per month, calculated daily on the overdue balance, to the extent lawful and enforceable.

10.2 Premier Solutions may recover reasonable debt collection costs, legal expenses and enforcement costs actually incurred as a consequence of non-payment, to the extent permitted by law.

10.3 Where a Customer's account becomes overdue, Premier Solutions may place further work or supply on hold until the outstanding amount is paid or an alternative payment arrangement is agreed.

10.4 Premier Solutions reserves the right to pursue lawful recovery action for unpaid amounts.

10.5 Nothing in this section limits or replaces any rights or obligations under the Construction Contracts Act 2002.

 

11. Construction Contracts Act 2002

11.1 Where applicable, the parties acknowledge that the Construction Contracts Act 2002 governs payment claims, payment schedules, payment disputes and certain suspension and enforcement rights.

11.2 Premier Solutions may issue payment claims in accordance with the Act.

11.3 The Customer must respond to any payment claim in accordance with the requirements and timeframes established by the Act and the applicable contract.

11.4 Premier Solutions may exercise its statutory rights relating to unpaid payment claims, including adjudication, recovery and suspension of work where the applicable legal requirements have been satisfied.

 

12. Workmanship and Product Warranties

12.1 Premier Solutions provides a 5-year workmanship warranty covering defects arising directly from its installation workmanship, subject to the warranty terms supplied with the quotation or completion documentation.

12.2 Product warranties are provided in accordance with the applicable manufacturer's warranty conditions. Where a product carries a 50-year manufacturer's warranty, that warranty is subject to the relevant manufacturer's eligibility, coverage and exclusions.

12.3 Warranties do not ordinarily cover damage caused by subsequent trades, alterations, water ingress, structural movement, pest infestation, misuse or other circumstances outside Premier Solutions' responsibility.

12.4 Premier Solutions must be given a reasonable opportunity to inspect and, where appropriate, rectify any alleged installation defect.

12.5 These warranties are additional to, and do not limit, any rights or remedies available under the Consumer Guarantees Act 1993, Building Act 2004 or other applicable legislation.

 

13. Damage and Liability

13.1 Premier Solutions will exercise reasonable care and skill in supplying and installing insulation.

13.2 Premier Solutions will be responsible for loss or damage to the extent caused by its negligence, breach of contract or failure to meet applicable statutory obligations.

13.3 Premier Solutions will not be responsible for loss or damage caused solely by pre-existing defects, structural movement, defective building work, water ingress, actions of other contractors or other circumstances outside its reasonable control.

13.4 Where goods or services are supplied for business purposes, and to the extent permitted by law, Premier Solutions excludes liability for indirect or consequential losses, including loss of profit, revenue or business opportunity.

13.5 Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.

 

14. Consumer and Statutory Rights

14.1 Nothing in these Terms & Conditions excludes or restricts rights or remedies that cannot lawfully be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Building Act 2004 or other applicable legislation.

14.2 Where the Customer acquires goods or services in trade and both parties are in trade, the parties agree that the Consumer Guarantees Act 1993 will not apply to the transaction, but only where this agreement satisfies section 43 of that Act, including the requirement that contracting out is fair and reasonable.

14.3 All building work will be carried out in accordance with applicable Building Code requirements and other relevant legal obligations.

15. Credit Applications and Privacy

15.1 Premier Solutions may request a completed credit application before approving credit facilities.

15.2 Where credit is requested, Premier Solutions may undertake reasonable credit assessments and obtain relevant information, subject to the Privacy Act 2020 and any applicable credit reporting requirements.

15.3 Personal information will be collected, used and disclosed only for legitimate purposes connected with account administration, credit assessment, payment processing, debt collection and other lawful business purposes.

15.4 Premier Solutions reserves the right to approve, decline, vary or withdraw credit facilities on reasonable commercial grounds, subject to existing contractual obligations and applicable law.

 

16. Cancellation and Suspension

16.1 The Customer must notify Premier Solutions as soon as practicable if scheduled work needs to be cancelled or postponed.

16.2 Where cancellation occurs after materials have been specially ordered, work has commenced or resources have reasonably been committed, Premier Solutions may recover reasonable costs actually incurred that cannot reasonably be avoided or recovered, subject to applicable law.

16.3 Premier Solutions may suspend or cancel work where there is a material breach of contract, persistent non-payment, unsafe site conditions or other lawful grounds.

16.4 Any suspension or cancellation will be subject to reasonable notice where practicable and the requirements of applicable legislation.

 

17. Disputes

17.1 Any dispute relating to the supply of goods, installation, payment or workmanship should first be notified in writing.

17.2 Both parties agree to make reasonable efforts to resolve disputes through direct communication and negotiation.

17.3 Where a dispute cannot be resolved, either party may pursue mediation, adjudication or other available legal remedies.

17.4 Nothing in this clause prevents either party from exercising statutory rights, including those available under the Construction Contracts Act 2002.

 

18. Governing Law

18.1 These Terms & Conditions are governed by the laws of New Zealand.

18.2 Any dispute will be subject to the jurisdiction of the appropriate New Zealand courts or statutory dispute resolution body.

18.3 If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.