FAQs & TnCs

TERMS & CONDITIONS OF SALE

1.  DEFINITIONS

• “CHCH INSUL” shall mean Envy Holdings Ltd t/a Christchurch Insulation, or any agents or employees
• “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods or services from CHCH
• “Goods” shall mean all goods, chattels supplied or to be supplied by CHCH INSUL to the Customer and shall include any fee or charge associated with the supply of goods by CHCH INSUL to the
• “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor
• “Services” shall mean all services provided by CHCH INSUL to the Customer and shall include without limitation the provision of all services and supplies, any charges for labor and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by CHCH INSUL to the
• “Price” shall mean the cost of the goods or services as agreed between CHCH INSUL and the Customer subject to clause 4 of this

2.  ACCEPTANCE

• Any instructions received by CHCH INSUL from the Customer for the supply of Goods or Services shall constitute acceptance of the terms and conditions contained

3  COLLECTION AND USE OF INFORMATION

• The Customer authorizes CHCH INSUL to collect, retain and use any information about the Customer for the purpose of assessing the Customer’s credit worthiness and for debt collection The Customer authorizes CHCH INSUL to provide any information about the Customers credit position to any persons who may seek that information.,
• The Customer agrees that any information collected by CHCH INSUL about the Customer may be used by CHCH INSUL in the course of its business, for example to market any goods and services provided by CHCH INSUL to any other
• The Customer must notify CHCH INSUL of any change in circumstances that may affect the accuracy of the information provided by the Customer to CHCH
• Where the Customer is a natural person: the authorities under clauses 1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993; and the Customer may access and request the correction of any personal information which CHCH INSUL holds about the Customer.

4.  PRICE

• Where no price is stated in writing or agreed to orally the Goods or Services shall be deemed to be sold at the current amount as such goods are sold or provided by CHCH INSUL at the time of the
• The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond the control of CHCH INSUL between the date of the contract and delivery of the goods or providing of the services, as the case may
• All pricing excludes GST unless otherwise
• All installation quotes are subject to a minimum charge of $250.00 plus GST.

5.  PAYMENT & DEPOSIT

• Payment for all goods or services shall be made in full within 7 days of receipt of delivery of Goods or the provision of Services, as the case may be (“the due date”).
• Interest may be charged on any amount owing after the due date at the rate of 15% per month or part
• Any expenses, disbursements and legal costs incurred by CHCH INSUL in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency
• Receipt of a bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in
• Upon acceptance of the quote, a 25% deposit is required
• Internet Payment can be made directly to our bank account Westpac, Papanui 03-0854-0042335-000 ENVY HOLDINGS Ltd using the invoice number as the reference
• The use of a credit card for any payment to CHCH INSUL will incur a credit card charge of 3% of the
• CHCH INSUL’s mailing address is PO Box 5233, Papanui 8542, Christchurch
• At the option of the Seller goods and/or services may be delivered in Each delivery shall be regarded as a separate contract and goods and/or services shall be paid for accordingly. Failure to make any delivery shall not invalidate the contract as to other deliveries.

6.  QUOTATION

• Where a quotation is given by CHCH INSUL for goods or services:
• The quotation shall be valid for one month from the date of issue; and
• The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the
• Where goods or services are required in addition to the quotation the Customer agrees to pay for the additional cost of goods or
• The quotation is not an order to sell and no order given in respect hereof shall bind the seller until accepted by the seller and such acceptance shall be signified by retention of the buyer cash or cheese and the issue of the seller’s official receipt, but such accepted order in respect of any goods quoted herein shall be deemed to be given and accepted at the prices and upon these
• The price quoted for this job is valid for further 30 days after the date of Should installation not be carried out by the seller during the 60 day period from the date of quotation then the seller has the right to reprice this job at current rates.
• This quotation provides for the site having in the opinion of the seller satisfactory access for the seller’s tools and If the site has poor access which causes added expense such as removal of rubbish the extra costs shall be for the buyer’s account.
• The seller shall dispose of any surplus material.
• The buyer is to provide at their cost any scaffolding staging or decking to comply with Health & Safety in Employment legislation which the seller determines is necessary for the delivery and installation of the
• The seller is committed to its health and safety policy; the buyer is to advise the seller of any known hazard to ensure the seller’s employees or contractors are working in a safe

7.  USE OF DISCOUNT AND PROMOTIONAL PRICING

• CHCH INSUL may, entirely at its discretion, offer discount or promotional pricing to the Customer for use on a case by case
• The offer of discount pricing does not entitle the Customer to any other special
• Discount pricing structures can be withdrawn, changed or deleted entirely at CHCH INSUL’s discretion.

8.  RISK

• Risk in any Goods agreed to be supplied to the Customer passes from CHCH INSUL to the Customer upon the Goods leaving the premises of CHCH INSUL for delivery to the Customer, even if title has not yet passed to the
• If the Customer chooses to use their own carrier for collection of Goods, the Goods will be deemed to have been delivered to the Customer at the time of leaving the premises of CHCH The Customer accepts that at the time of collection of the Goods from CHCH INSUL premises, the Customer will be liable for any loss or damage to the Goods during the process of delivery. CHCH INSUL will not accept responsibility or liability for any loss or damage that may result from the Customer arranging their own carrier.
• The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to CHCH INSUL making time of the
• Where CHCH INSUL delivers Goods or provides Services to the Customer by instalments and CHCH INSUL fails to deliver or supply one or more instalments the Customer shall not have the right to repudiate the
• If the Customer is in default of their obligations to CHCH INSUL, CHCH INSUL may decline to deliver Goods to the
• CHCH INSUL does not accept responsibility or liability for damage caused or attributable to the nature, condition or construction type of the

9.  AGENCY

• The Customer authorizes CHCH INSUL to contract either as principal or agent for the provision of goods or services that are the matter of this
• Where CHCH INSUL enters into a contract of the type referred to in clause 1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
• No person in the employment of the seller has the authority except under signature of the General Manager to accept any order or supply and goods on and other condition nor to vary these terms and any way

10.  TITLE

• Title in all Goods that CHCH INSUL supplies to the Customer remains with CHCH INSUL until full payment for the Goods has been
• Until title in the Goods passes to the Customer, the Customer will hold the Goods as Bailee and will not transfer possession of them or create any interest in them for the benefit of any third
• If the Goods are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods shall remain with CHCH INSUL until the Customer has made payment for all Goods, and where those Goods are mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall deemed to be assigned to CHCH INSUL as security for the full satisfaction by the Customer of the full amount owing between CHCH INSUL and
• Customer grants to CHCH INSUL or its agents and employees a license to enter onto the Customer’s premises (or the premises of any associated company or agent) to take possession of any of the Goods to which CHCH INSUL has The Customer releases and indemnifies CHCH INSUL and its agents and employees in respect of any liability arising from the exercise of any rights under the license. If in breach of these terms, the Customer purports to sell any Goods belonging to CHCH INSUL then the Customer must keep the proceeds of the purported sale in a separate identifiable account and hold them on trust for CHCH INSUL until it has been paid in full. The Customer must pay all amounts owed to CHCH INSUL from such proceeds, on demand.
• The Customer indemnifies CHCH INSUL in respect of all costs it reasonably incurs and liability it incurs in the exercise of rights to recover goods belonging to it.

11.  PPSA Security Interest

• The Customer grants to CHCH INSUL a Security Interest in all present and after acquired goods supplied or to be supplied by CHCH INSUL and any proceeds of sale of the goods as security for all of the Customers obligations to CHCH Where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after acquired building products, of which the goods form part, to the extent required to secure the Indebtedness.
• CHCH INSUL may register a Financing Statement to perfect its security in the Goods in accordance with the Personal Property Securities Act 1999 (‘PPSA’). The Customer shall, at its own expense, provide all information and execute or arrange for execution of all documents and do all things that CHCH INSUL may require to ensure that it has a perfected first ranking security interest in the Goods under the
• The Customer shall not change its name without first notifying CHCH INSUL of the new name not less than 7 days before the change takes effect to enable CHCH INSUL to register a financing change statement if

• The Customer warrants that the Goods are purchased for use primarily for personal, domestic or household
• Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by CHCH INSUL in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where CHCH INSUL applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro Until the Customer has paid all money owing to CHCH INSUL the Customer shall at all times ensure that:

the Goods supplied by CHCH INSUL, while in the Customer’s possession, can be readily identified and distinguished; and/or all Proceeds (in whatever form) that the Customer receives from the sale of any of the Goods are readily  Identifiable and Traceable.

• Where the Goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer’s business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the Goods in the ordinary course of the Customer’s Otherwise, until the Customer has paid all money owing to CHCH INSUL, the Customer shall not sell or grant a Security Interest in the goods without CHCH INSUL’s written consent.
• The Customer agrees that as between CHCH INSUL and the Customer, the Customer will have no rights under (or by reference to) sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 129, 131, 132, 133 and 134 of the PPSA and where CHCH INSUL has rights in addition to those in part 9 of the PPSA those rights shall continue to
• For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of the

12.  SECURITY AND CHANGE

• Despite anything to the contrary contained herein or any other rights which CHCH INSUL may have howsoever: where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being  charged, the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several  interest in the said land, realty or any other asset to CHCH INSUL or CHCH INSUL’s nominee to secure all amounts and other  monetary obligations payable under these terms and The Customer and/or the Guarantor acknowledge  and agree that CHCH INSUL (or CHCH INSUL’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat  shall be withdrawn once all payments and other monetary obligations payable hereunder have been met;

should CHCH INSUL elect to proceed in any manner  in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify CHCH INSUL from and against all CHCH INSUL’s costs and disbursements including legal costs on a solicitor and own client basis and the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint CHCH INSUL or CHCH INSUL’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney  to perform all necessary acts to give effect to the provisions of this clause 12.

13.  RETURN OF GOODS

• The Customer shall be deemed to have accepted the Goods unless the Customer notifies CHCH INSUL otherwise within 2 working days of delivery of the goods to the
• No Goods will be accepted for return by CHCH INSUL without prior approval by a senior manager of CHCH
• Any goods being returned to CHCH INSUL for a reason other than the goods being faulty or damaged will see the customer incur a re-stocking fee of 25% of the value of the goods being returned based on the invoice The customer will also be invoiced for the value of the original freight costs associated with the original dispatch of those goods.
• CHCH INSUL will recover any restocking fee and/or charges from the customer’s deposit prior to any
• If the Customer asked CHCH INSUL to provide and/or arrange a finance facility to enable a “No Deposit” or “Payment Plan” payment option, CHCH INSUL will draw down from the Customer’s arranged finance facility any fees or The Customer will be liable for these costs.
• Any goods specially imported or special ordered for the customer cannot be returned to CHCH

14.  LIABILITY

• Except as otherwise provided by statute CHCH INSUL shall not be liable for:
• Any loss or damage of any kind whatsoever whether suffered or incurred by the Customer or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by CHCH INSUL to the Customer and without limiting the generality of the foregoing of this clause CHCH INSUL shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; and

Except as provided in this contract CHCH INSUL shall not be liable in contract, or in tort, or otherwise for any loss, damage,  or injury beyond the value of the goods or services provided by CHCH INSUL to the Customer; and

• The Customer shall indemnify CHCH INSUL against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of CHCH INSUL or otherwise, brought by any person in connection with any matter, act, omission, or error by CHCH INSUL its agents or employees in connection with the goods or
• The Customer is liable for the full cost of the goods and any associated costs incurred by CHCH INSUL if the Customer cancels or changes the goods and /or services agreed too after CHCH INSUL has incurred any costs and/or changed the format of the goods for this
• At the option of the Seller goods and/or services may be delivered in Each delivery shall be regarded as a separate contract and goods and/or services shall be paid for accordingly. Failure to make any delivery shall not invalidate the contract as to other deliveries.

15.  CONSUMER GUARANTEES ACT

• The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires goods or services from CHCH INSUL for the purposes of a business in terms of section 2 and 43 of that
• Sale by The goods and services are sold on description as set out on the CHCH INSUL’s invoice forms.
• The goods are supplied and/or installed on the basis that the Customer has made the final decision in regard to correct product selection for the purpose that they are intended for and that CHCH INSUL is not liable for incorrect product choice.
• All product  and/or  services  supplied  by  the  Seller  are  supplied  in  good  faith  under  the  terms  of  the ConsumerGuarantees Act, Fair Trading Act and product warranty
• CHCH INSUL reserves the right to install higher value and/or higher rated insulation products than originally quoted and ordered; when required; at no extra cost to the customer. This situation would occur when CHCH INSUL supplier's cannot supply the original ordered product due to NZ's high demand currently for insulation. This unusually high demand for insulation is due to the 2019 and 2021 RTA Insulation deadlines and is out of CHCH INSUL's control.

 

16.WARRANTY

• No representation, condition, warranty or premise expressed or implied by law or otherwise applies to Goods or Services except where goods are supplied or services provided pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this
• The relevant warranty provided by CHCH INSUL for products supplied and the conditions that apply to that warranty, are set out in the current technical literature for each product, or on CHCH INSUL (or CHCH INSUL’s suppliers) website/s. The Warranties and their conditions are deemed to form part of these Terms and

 

17.  CANCELLATION

• CHCH INSUL shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of goods or services to the Customer if the Customer fails to pay any money owing after the due date or the Customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act
• Any cancellation or suspension under clause 1 of this agreement shall not affect CHCH INSUL’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customer’s obligations to CHCH INSUL under this contract.
• Once a sales order has been approved and processed by CHCH INSUL and passed it’s 5 day cooling off period; cancellation by the customer for a reason other than the goods being faulty or damaged will see the customer incur a re-stocking fee of 25% of the value of the goods based on the invoice The customer will also be invoiced for the value of the original freight costs associated with the original dispatch of those goods.
• CHCH INSUL will recover any restocking fee and/or charges from the customer’s deposit prior to any If the Customer asked CHCH INSUL  to provide and/or arrange a finance facility to enable  a “No Deposit” or “Payment  Plan” payment option, CHCH INSUL will draw down from the Customer’s arranged finance facility any fees or charges.  The Customer will be liable for these costs.
• Any goods specially imported or special ordered for the customer cannot be returned to CHCH

 

18.  MISCELLANEOUS

• The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of CHCH
• CHCH INSUL shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its
• Failure by CHCH INSUL to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations CHCH INSUL has under this
• The law of New Zealand shall apply to this contract except to the extent expressly negotiated, agreed or varied by this
• Where the terms of this contract are at variance with the order or instruction from the Customer, this contract shall prevail.
• If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or
• Any dispute between the parties is to be dealt with in accordance with the Arbitration Act
• All proceedings concerning this contract shall be filed in the District Court or High Court situated at Christchurch
• In the event the customer has asked CHCH INSUL to arrange a finance facility which is then unsuccessful, the customer authorizes CHCH INSUL to automatically try a 2nd
• Failure to meet credit worthiness will constitute reason for cancellation of the contract by CHCH INSUL without incurring any

Updated 16/12/2020

Christchurch Insulation

Unit 1 - 18 Lambeth Crescent

Papanui 8521 Christchurch

 

0800 555 062

enquiries@christchurchinsulation.co.nz

PO Box 5233

Papanui 8542 Christchurch