STORM TECH ROOFING
NZBN: 9429049361247
Terms and Conditions of Sale
These Terms and Conditions of Sale apply to all sales and services provided by Storm Tech Roofing ("Storm Tech Roofing") to the Customer and prevail over any conflicting documentation from or on behalf of the Customer at any time.
PART I — GENERAL
1. Definitions
In these Terms and Conditions the following definitions apply:
Customer:
The person or entity ordering Roofing Work from Storm Tech Roofing, including on a joint and several basis the person(s) who has signed Storm Tech Roofing's quotation, and any person who has otherwise ordered the Roofing Work.
Roofing Work:
All roofing-related work and services, goods, materials, and all options, variations, and extras requested or agreed by the Customer, as ordered and supplied by Storm Tech Roofing from time to time.
GST:
Goods and Services Tax as defined under New Zealand law.
Moneys Due:
Includes the Purchase Price, delivery charges, scaffolding charges, GST, interest, and all other charges payable by the Customer.
Installation Date:
The date upon which the Roofing Work is physically received on site and installed by Storm Tech Roofing (where Storm Tech Roofing is contracted to install).
Order:
A quotation accepted by the Customer binding on Storm Tech Roofing in accordance with these Terms, or any other order placed by the Customer and accepted by Storm Tech Roofing whether verbal, electronic, email, or in writing.
Purchase Price:
The fixed price payable by the Customer to Storm Tech Roofing for the Roofing Work as specified in the accepted quotation, subject only to approved Variations.
Substantial Completion:
Completion of installation except for minor adjustments or remedial issues, or delays requested by the Customer or caused by other trades yet to complete their work.
Variation:
Any alteration, addition, or omission to the Roofing Work that is outside the scope of the accepted quotation, agreed in writing by both parties prior to the additional work commencing.
2. Applicable Terms & Quotations
(a) Only these Terms, Storm Tech Roofing's quotation, plans and specifications signed or otherwise assented to by the Customer, and implied terms which cannot be excluded by law, shall bind Storm Tech Roofing and form a contract between the parties, replacing any prior or contemporaneous agreements whether written or oral.
(b) These conditions may only be varied by specific express written agreement signed by an authorised representative of Storm Tech Roofing.
(c) All quotations are valid for acceptance for 30 days from the date of quotation. Storm Tech Roofing shall not be bound by an expired quotation unless otherwise agreed in writing.
(d) Acceptance of a quotation is only effective upon the Customer signing or accepting the quotation, plans and specifications, and payment of the deposit required under clause 5.
(e) Unless expressly stated in its quotation, Storm Tech Roofing is not responsible for works or materials outside the scope of the Roofing Work, including but not limited to roof framing, underlay, electrical work, plumbing, painting, tiling, or building work.
(f) The Customer acknowledges that natural timber products vary in grain, colour, and appearance and exact matching may not be possible.
3. Fixed Price & Variations
(a) The Purchase Price stated in the accepted quotation is a fixed price for the scope of Roofing Work described therein. Subject to clauses 3(b) to 3(e), Storm Tech Roofing will not charge more than the quoted Purchase Price for work within that scope.
(b) Any work, materials, or services requested by the Customer or reasonably required to complete a professional installation that falls outside the agreed scope constitutes a Variation. No Variation work will commence until Storm Tech Roofing has issued a written Variation order and the Customer has approved it in writing. Variation amounts form part of the Purchase Price and are due in accordance with clause 5.
(c) All prices are accurate at the date of quotation. If there is an increase in material or service costs after the acceptance date due to circumstances outside Storm Tech Roofing's control (including but not limited to supply chain disruptions, tariff changes, or material shortages), Storm Tech Roofing will notify the Customer in writing and the parties will agree in good faith on any price adjustment before work continues.
(d) All provisional sums (PC sums) stated in a quotation are estimates only. The Customer shall pay on demand all amounts incurred by Storm Tech Roofing above any PC sum.
(e) All prices, quotes, and sums are subject to correction of any errors or omissions, which may be adjusted by Storm Tech Roofing by notice to the Customer prior to commencement of work.
(f) GST, delivery charges, and other government taxes are payable by the Customer in addition to the Purchase Price unless specifically included in the quotation.
4. Payment Schedule
Unless otherwise specified in the quotation, the Purchase Price is payable in the following stages:
Stage 1 — Scheduling Deposit (50%):
A deposit of 50% of the Purchase Price is due upon acceptance of the quotation. This deposit secures the Customer's place in Storm Tech Roofing's schedule. Storm Tech Roofing will not schedule or commence work, procurement, or project preparation until this deposit is received. Delays in payment will delay scheduling.
Stage 2 — Progress Payment(s) (up to two):
Storm Tech Roofing may issue up to two progress payment invoices during the project. A progress invoice may only be issued where the project duration has extended, or is reasonably expected to extend, due to circumstances outside Storm Tech Roofing's reasonable control. Qualifying triggers are limited to: (i) weather events preventing safe or compliant installation; or (ii) delayed material supply from third-party suppliers beyond Storm Tech Roofing's control. Each progress invoice will clearly describe the work completed and/or materials procured to that date and will be due and payable within 5 working days of issue. Storm Tech Roofing reserves the right to suspend work until any overdue progress payment is received. Progress invoices will not be issued for delays caused by Storm Tech Roofing's own scheduling or resourcing.
Stage 3 — Final Payment (Balance):
The remaining balance of the Purchase Price (including any approved Variations) is due and payable immediately upon Substantial Completion of the Roofing Work. Storm Tech Roofing will notify the Customer of Substantial Completion in writing. If the Customer delays final completion by more than 14 days after commencement of installation for reasons attributable to the Customer, the balance shall immediately become due and payable.
(d) Interest shall accrue on overdue amounts at a rate of 18% per annum, calculated daily and capitalised monthly, from the due date until the date of payment.
(e) The Customer shall indemnify Storm Tech Roofing for all recovery costs (including legal costs on a solicitor-client basis) incurred to recover any overdue amounts.
(f) Unless otherwise agreed in writing, all payments received will be applied to the oldest outstanding debt first.
(g) Storm Tech Roofing may withhold supply of any Roofing Work where it has reasonable cause to suspect a payment is at risk of non-payment.
5. Cancellation of Order
(a) If a Customer cancels an Order before any project preparation, procurement, or scheduling action has been taken, Storm Tech Roofing will refund the deposit in full.
(b) If Storm Tech Roofing has commenced project preparation, procurement, or scheduling, the deposit will be refunded less the reasonable cost of work done and materials procured, as determined by Storm Tech Roofing in its sole discretion.
(c) Where the deposit is less than the determined cost of work done, the Customer shall immediately pay Storm Tech Roofing the shortfall.
6. Delivery and Risk
(a) Storm Tech Roofing assumes responsibility for the Roofing Work and its safe delivery until the Roofing Work is delivered to the Customer's site address.
(b) Upon delivery to site, all risk in and responsibility for the Roofing Work passes entirely to the Customer. Once materials are on site, it is the Customer's sole responsibility to protect, secure, and insure all roofing materials, components, and goods against damage, theft, or loss of any kind, however caused. Storm Tech Roofing accepts no liability for any loss or damage to materials occurring on site after delivery.
(c) The Customer shall arrange at its own cost adequate builders' risk insurance covering all materials on site from the date of delivery.
(d) Delivery dates are estimates only. Because Storm Tech Roofing is dependent on third-party suppliers and contractors, it is not liable for any loss or damage arising from failure to deliver by an estimated date. Delivery delays do not entitle either party to treat the contract as repudiated.
(e) Unless otherwise agreed in writing, the Customer is responsible for organising and funding the timely removal of existing roofing and completion of all other trades (plumbing, electrical, painting, tiling, framing, underlay) necessary to allow Storm Tech Roofing to carry out its work.
(f) Where Storm Tech Roofing has agreed to remove existing roofing, it accepts no responsibility for any damage revealed during removal. Any remedial works required to the site following removal shall be the Customer's responsibility and may constitute a Variation.
(g) The Customer is responsible for all damage to Roofing Work caused by parties not directly engaged by Storm Tech Roofing after delivery to site, including damage caused by other tradespersons.
(h) All additional costs arising from non-standard site access (including crane, Hiab, ferry, or barge) are payable by the Customer in addition to the Purchase Price and shall be paid immediately upon request.
7. Site Conditions & Accuracy of Information
(a) Storm Tech Roofing is entitled to rely on the accuracy of all information, plans, and specifications provided or signed by the Customer.
(b) All installation costs are based on the assumption of level floors and ceilings, square walls, and unimpeded vehicle access to within 10 metres of the installation site without the need for additional carrying, lifting, or specialist equipment.
(c) Existing Purlin Structure: Storm Tech Roofing will install roofing using straight chalk lines as its reference for fastener alignment. Where the Customer's existing purlin structure is not being replaced as part of the scope of Roofing Work, Storm Tech Roofing does not warrant that all screws or fasteners will connect with existing purlins where those purlins are not straight, level, or positioned at standard spacings. Storm Tech Roofing accepts no responsibility or liability for any consequence arising from non-compliant, irregular, or out-of-true existing purlin structure not within Storm Tech Roofing's scope of works. The Customer is strongly advised to disclose any known purlin irregularities prior to the quotation being finalised.
(d) If material inaccuracies in site conditions are discovered, Storm Tech Roofing will endeavour to adjust the Roofing Work at the Customer's cost, which may constitute a Variation.
(e) The Customer must notify Storm Tech Roofing of all site changes after the site measure. Any modifications required as a result shall be payable by the Customer at Storm Tech Roofing's standard rates.
(f) The Customer shall inspect the Roofing Work within 7 days of the Installation Date. Unless defects are noted in writing within that period, the Customer shall be deemed to have accepted the Roofing Work as complying with the signed quotation, plans, and specifications.
8. Intellectual Property
All copyright in roof plans, scope of works, drawings, designs, and other work prepared by Storm Tech Roofing remains the sole property of Storm Tech Roofing. Any use of Storm Tech Roofing's drawings or specifications for procurement of Roofing Work from a third party shall incur a design fee of $150.00 per hour plus GST for all time invested in producing those materials.
9. Assignment
Neither party may assign its rights or obligations under these Terms without the express written consent of the other party, except upon a bona fide sale of Storm Tech Roofing's business.
10. Force Majeure
Storm Tech Roofing is not liable for any failure or delay where that failure or delay results from circumstances not directly within its control, including acts of terrorism, natural disaster, pandemic, Government-ordered shutdowns or quarantines, acts of God, industrial action, or failure of a supplier, public utility, carrier, or tradesperson not engaged by Storm Tech Roofing.
11. Privacy
The Customer authorises Storm Tech Roofing to collect, retain, and use information about the Customer for credit assessment and marketing purposes, and to disclose such information to credit providers or reporting agencies for credit reference or debt collection purposes. Storm Tech Roofing may collect and use photographs of installed work for review and promotional purposes without identifying the Customer unless otherwise consented. Where the Customer is a natural person these authorities are given pursuant to the Privacy Act 2020.
12. Applicable Law and Jurisdiction
These Terms are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand in the City of Auckland.
PART II — WARRANTY
13. Lifetime Leak-Free Warranty
Storm Tech Roofing is proud to offer a Lifetime Leak-Free Warranty on all Roofing Work it installs, subject to the terms and conditions set out in this clause 13.
13.1 Warranty Coverage
Storm Tech Roofing warrants, to the original Customer only, that the installed Roofing Work — as it existed and was completed on the Installation Date — will remain free from leaks directly attributable to faulty workmanship or defective materials supplied by Storm Tech Roofing, for the lifetime of the original Customer's ownership of the property. This warranty applies solely to the roofing system installed by Storm Tech Roofing and does not extend to any part of the building, structure, or adjoining elements not within the scope of the Roofing Work.
Where a valid warranty claim is accepted, Storm Tech Roofing will, at its sole election, repair or replace the affected section(s) of Roofing Work at no charge to the Customer for labour and materials. Storm Tech Roofing's decision as to whether to repair or replace is final.
For the purposes of this warranty, a "leak" means water ingress through the installed roof system directly caused by a defect in Storm Tech Roofing's workmanship or in materials it supplied. The Customer bears the burden of demonstrating that any water ingress originates from such a defect and not from any excluded cause listed in clause 13.4.
13.2 Material Warranties
In addition to the workmanship warranty above, Storm Tech Roofing will pass on to the Customer, to the fullest extent possible, the benefit of any manufacturer's warranty received in relation to the Roofing Work, including COLORSTEEL® product warranties applicable to the specific product selected.
13.3 Warranty Claims Process
To make a warranty claim the Customer must:
• Notify Storm Tech Roofing in writing as soon as practicable after the defect becomes apparent or reasonably should have been apparent.
• Provide reasonable access to the property to allow Storm Tech Roofing to inspect the defect.
• Not carry out or permit any repair or alteration to the affected area without Storm Tech Roofing's prior written consent.
13.4 Warranty Exclusions
This warranty does not apply where the damage, defect, or failure is caused or contributed to by any of the following:
• Neglect, misuse, accident, or general wear and tear;
• Damage caused by a flood, water ingress from a source other than the installed roofing, moisture, vapour, chemicals, sunlight, excessive heat, or other external intervening cause beyond Storm Tech Roofing's control;
• Movement in any adjacent wall, floor, ceiling, fixture, building foundation, or subsoil;
• Poor care or maintenance by the Customer or any third party;
• Acts of God or extreme weather events beyond the design parameters of the installed roofing system;
• Continued use of the Roofing Work after a defect becomes (or reasonably should have become) apparent;
• Breaking or peeling of glues, silicone, or other sealants not installed by Storm Tech Roofing;
• Repair or alteration of the Roofing Work by the Customer or a third party without Storm Tech Roofing's prior written consent;
• Damage caused by any third party, including other tradespersons not engaged by Storm Tech Roofing;
• Non-payment of any portion of the Purchase Price by its due date;
• Yellowing or discolouration due to sunlight, artificial light, or absence of light;
• Consequences arising from the Customer's existing purlin structure being irregular, non-standard, or out-of-true where the purlins were not within the scope of Roofing Work (see clause 7(c));
• Items supplied to the Customer at trade cost or purchased directly by the Customer from another supplier — all warranty recourse for such items lies with the relevant supplier or manufacturer;
• Roofing details (including waterfall ends and upstands) and splashbacks, which are covered solely by the warranty of the respective fabricator, supplier, or manufacturer.
13.5 Non-Transferable
This warranty is personal to the original Customer and does not transfer to any subsequent owner, lessee, assignee, or other person or entity to whom the property is sold, leased, or otherwise transferred, unless Storm Tech Roofing has agreed in writing to extend the warranty to such person or entity.
13.6 Geographic Limitation
Warranty attendance costs for work sites located outside the City of Auckland (including but not limited to any island location such as Waiheke Island) shall be paid in full by the Customer prior to Storm Tech Roofing undertaking any warranty work. Any specialist equipment costs (crane, Hiab, etc.) required due to the location or situation of the property are the Customer's responsibility.
14. Supply for Business Purposes
Where these Terms would otherwise be subject to the Consumer Guarantees Act 1993, the Customer agrees that where the Roofing Work is supplied for business purposes within the meaning of sections 2 and 43 of that Act, the provisions of that Act do not apply.
15. Limitation of Liability
(a) Neither party shall be liable for any special, exemplary, punitive, or consequential loss or damage (including loss of profit, opportunity, or goodwill) incurred by the other party, directly or indirectly, in connection with the supply of Roofing Work or any delay in supply.
(b) Each party's liability to the other arising from the supply of Roofing Work shall be limited to a sum equal to the amount paid to Storm Tech Roofing for the Roofing Work to which the liability relates.
PART III — SECURITY OF PAYMENT
16. Retention of Title
(a) Ownership in Roofing Work remains with Storm Tech Roofing until full payment is received for all Roofing Work sold to the Customer, regardless of whether supplied under these Terms or any other contract.
(b) Storm Tech Roofing may, to the extent permitted by law, stop Roofing Work in transit, enter premises occupied by the Customer or where Roofing Work is held on the Customer's behalf, and recover Roofing Work if a default in payment or insolvency of the Customer occurs.
(c) The Customer indemnifies Storm Tech Roofing for all costs, claims, and actions arising from the recovery of Roofing Work under clause 16(b).
(d) The affixing of Roofing Work to any building does not make it a fixture, and it remains severable by Storm Tech Roofing.
17. Personal Property Securities Act 1999 (PPSA)
(a) The Customer acknowledges that these Terms constitute a security agreement for the purposes of the PPSA and that a security interest is taken in all Roofing Work supplied or to be supplied by Storm Tech Roofing. Storm Tech Roofing may register a financing statement on the Personal Property Securities Register.
(b) The Customer undertakes to sign further documents, provide accurate information, indemnify Storm Tech Roofing for registration expenses, and provide 14 days' written notice of any change in name or business details.
(c) The Customer waives rights under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA, and the right to receive a verification statement under section 148, unless otherwise agreed in writing.
18. Security and Charge
Where the Customer owns land or other chargeable assets, the Customer agrees to mortgage and/or charge its interest in those assets to Storm Tech Roofing as security for all amounts payable under these Terms. Storm Tech Roofing may lodge a caveat against the title to any such land, which will be released once all Moneys Due have been paid in full. The Customer irrevocably appoints Storm Tech Roofing as its attorney to execute such mortgages, charges, and other instruments as may be necessary to give effect to this clause.
19. Scaffolding
Scaffold hire is charged on a weekly basis with weekly inspection fees applying separately. The pricing in any quotation is based on the estimated project duration. If the project extends beyond the quoted timeframe due to delays, unforeseen site conditions, weather disruptions, or Variations, a final invoice will be issued for any additional scaffold hire and inspection costs incurred. By accepting a quotation the Customer acknowledges and accepts these scaffolding terms.
20. Construction Contracts Act 2002
(a) These Terms constitute a construction contract for the purposes of the Construction Contracts Act 2002.
(b) Where the Customer is a residential occupier as defined by that Act, Storm Tech Roofing has the right to suspend work by giving five (5) working days' written notice if a payment claim is served and: (i) the payment is not paid in full by the due date and no payment schedule has been provided; or (ii) a scheduled amount stated in a payment schedule is not paid by its due date; or (iii) the Customer has not complied with an adjudicator's determination.
(c) If Storm Tech Roofing suspends work under clause 20(b), it: (i) is not in breach of contract; (ii) is not liable for any loss or damage suffered by the Customer; (iii) is entitled to an extension of time; and (iv) retains all of its rights under the contract, including the right to terminate.
(d) If the Customer is not a residential occupier, the Customer must provide a payment schedule within seven (7) working days of receiving a payment claim, failing which the consequences of section 22 of the Construction Contracts Act 2002 shall apply.
21. Notices
Any notice, claim, document, or other communication from Storm Tech Roofing to the Customer may be given by post, fax, email, or personal delivery to any address provided by the Customer or used by the Customer in prior communications. The Customer consents to notices being given in electronic form.
CUSTOMER ACCEPTANCE
By signing below, the Customer confirms they have read, understood, and accepted these Terms and Conditions of Sale.
Customer Full Name: ____________________________________
Signature: ____________________________________ Date: ______________
Company/Entity (if applicable): ____________________________________
Storm Tech Roofing | NZBN: 9429049361247 | Version: TC2026