Terms and Conditions

Terms of Trade of Dry fast Limited trading as Dry Fast

These Terms of Trade, signed Work Authorization and Direct Payment Request, and any quotation provided by Dry Fast are to be read together and form the entire agreement between you and Dry Fast, the contracting parties (“CP”) relating to all work and services provided by Dry Fast. It replaces and supersedes any previous proposals, correspondence, understandings, or other communications (written or oral) made between the CP.

1.0 Definitions

In these Terms of Trade:

“I,” “We,” “Our,” “Us,” “Employee,” and contractor mean dry fast.
“Actual Cost” means any actual cost incurred by Dry Fast for services performed that do not form part of any written quotation.
“Customer” and “you” mean the user or receiver of the services and where the order has been placed with dry fast by a broker, agent, property manager, or third party, including that broker, agent, property manager, or third party, personally or otherwise, and if there is more than one, Customer and You is a reference to each customer jointly and severally.
“Due Date” means the date for payment on any invoice.
“Estimate” means the anticipated cost to complete the work and is subject to change and is not legally binding upon dry fast.
“Property” means a residential dwelling, commercial building, or any other location where Dry Fast is contracted to perform the work.
“Intellectual Property” includes all intellectual property rights (including, without limitation, copyright, patent and design rights, drawings, documents, data, ideas, procedures, and calculations).
“Price” means the amount stipulated in any invoice issued by Dry Fast.
“Words” importing the singular include the plural and vice versa.
“Work” means water extraction from carpet, underlay, and any area (internal and external) of the property that is flooded or wet, including internal structures that cannot be seen, carpet cleaning and sanitising, general cleaning, curtain, and blind cleaning, flood restoration, fire restoration, mould treatment, end of tenancy cleaning, floor sanding, tile and grout cleaning, painting, and any other type of work as in 7.0 below, or any other such service we perform for you.
“Service” means the same as in 1.11 above and in 7.0 below.
“The Act” means the Interest on Money Claims Act 2016.
“Consumer Act” means the Consumer Guarantees Act 1993.
“Equipment” means air blowers, carpet dryers, air scrubbers, and commercial dehumidifiers.
“Invoice Date” means the date by which payment is to be made.
“Construction Act” means the Construction Contracts Act 2002.
“Health and Safety” means the Health and Safety at Work Act 2015.
“Hazard” means a source or a situation with the potential for harm in terms of human injury or ill health, damage to property, damage to the environment, a combination of these, and including the meaning set out in S16 of the Health and Safety at Work Act 2015.
“Contracting Parties” means Dry Fast Limited and the name of the customer in 1.3 above.
“Policy Excess” also means policy deductible and is the amount of any insurance claim that the insurer will not pay.
“Terms of Trade” means the contractual obligations between Dry Fast and the Customer, recorded in writing, and that both parties are obligated to abide by.
“Emergency Flood Call Out” means water ingress from outside, water from a natural disaster, a leak, a flood of water caused by a faulty sink, toilet, any appliance, or pipe of any kind, and water resulting from customer negligence.

2.0 Estimates

2.1 Unless stated otherwise, any price we give you before providing a written quotation or commencing any work at your request is an estimate inclusive of GST of the anticipated cost for us to complete the work and is not legally binding upon us. We undertake to notify you in writing as soon as reasonably practicable if the Price is likely to exceed the estimated cost.

3.0 Quotation

3.1 All quotations are valid for 7 calendar days from the date of the quotation and are provided in writing. All work quoted for in excess of $3,000.00 (including GST) is subject to the customer first paying to dry fast, when requested, a deposit of 50% of the work price (including GST) or any other amount requested, and/or, in the case of a company, a personal guarantee provided from any shareholder or director of that company or any other approved individual in a form required by dry fast before any work will be commenced.

3.2 Dry Fast may request the customer to make payment in advance for all work quoted for which is less than $3,000.00 (including GST) before the work will be commenced.

3.3 The customer is required to accept any quotation in writing before any work will commence, subject to clause 14 below.

3.4 If any extra work is necessary or requested after the quote is accepted and which is not described in the quotation, Dry Fast will communicate with the customer in writing to advise that the extra work will be invoiced on an actual cost basis and will be treated as a variation to the contract, which the customer must agree to in writing. Dry Fast reserves their right to suspend any works until such time that the customer provides written consent to any extra work or variation to the works.

3.5 The customer agrees that at no time after accepting a quotation will dry fast provide a breakdown for any reason.

4.0 Dispute

The Customer agrees to send to Dry Fast notice in writing, subject to clause 14.0, of any dispute arising under the Agreement by either:

(a) Delivering the notice personally to an employee of Dry Fast at the Property; or
(b) By delivering the notice to the registered Address for Service of Dry Fast; or
(c) By email, and you will keep and provide when we request the “delivery and or Read” receipt of the email notifying us of the dispute; and
(d) The notice must be sent to Dry Fast either before the Work is completed or no later than the next following business day after the completion of the Work.

5.0 Accidents, Breakage, Damage & Theft

The Customer agrees to notify Dry Fast in writing, subject to clause 14, of any accident, breakage, damage to any item, or alleged theft either before or no later than the next business day after the completion of the Work.

Dry Fast will not accept a claim for any loss if notice is not given subject to clause 10.1.

The Customer agrees to remove from the Property or store securely, before the commencement of the Work, all cash, jewellery, art, antiques, rugs, and all items of sentimental value.

The Customer will notify their insurance underwriter within 24 hours of any accident, breakage, damage to any item, or alleged theft and give us the name and contact details of the underwriter.

6.0 Completion of Works

Upon completion of the Works, Dry Fast will perform a final “walkthrough” inspection with the Customer. Upon completion of the walkthrough inspection, the client must either approve the Works or notify Dry Fast of any defects, breakage, damage, or thefts.

For avoidance of doubt, the Customer’s approval of the work following the walkthrough referred to in 11.1 above is considered “completion of the work” for the purpose of clause 10.1 and 13.

07.0 Cancellation

The Customer agrees to give Dry Fast 24 hours written notice if the service is to be cancelled, postponed, or suspended and will pay Dry Fast a cancellation fee of $300.00 inclusive of GST if:

(a) Notice of cancellation is given less than 24 hours before the commencement of the Service.
(b) The Customer cancels the service for any reason when we arrive at the Property.
(c) The Customer has failed to provide access to the Property subject to 8.3 and 8.7.
(d) The Customer refuses to allow us to fully carry out the Work when we are on-site at the property subject to 8.3.

12.2 The Customer agrees to have cancelled the Service if any Hazard in 24.0 below is not removed either prior to or during the performance of the Service. The Customer shall pay:

(a) A cancellation fee of $300.00 as in 12.1 above, or
(b) The Price of the Service performed up to and including the time of cancellation.

Whichever is greater.

08.0 Limitation of Liability

We will in good faith consider any bona fide complaints regarding our cleaning service which are raised by the Customer in writing either before or no more than 24 hours after the completion of the Service.

If we agree to re-perform any service as in 13.1 above, the Customer agrees:

(a) To be present at the Property at the same time we are re-performing the Service; and
(b) Confirm in writing to us that the performance of the Service has been accepted by you before we leave the Property.

If you fail or refuse to be present on the day of the Service, you agree to withdraw your complaint and pay all amounts owing subject to 6.2 and above.

If we cause an accident of any kind or break any item, you agree to notify us in writing within 24 hours after the completion of the Service subject to 10.1 and 10.2 above.

Where the Customer acquires the Goods or Services for the purposes of business, it agrees and acknowledges that it is not a “consumer” as defined by the Consumer Guarantees Act 1993 (“the Consumer Act”) and that the Goods or Services supplied to it are for the purpose of business; and the Customer further agrees that the conditions, warranties, and guarantees set out in the Contract and Commercial Law Act 2017 or implied by common law will not apply and are excluded from these Terms of Trade, including the right to consequential losses as expressly excluded pursuant to section 43(2) of the Consumer Act.

Our liability subject to 10.1 above shall in no circumstances exceed either:

(a) The amount of $100.00 per item, up to a maximum of $500.00 if we do not claim on our current insurance coverage; or
(b) The policy excess amount deducted by our insurance underwriter in settlement of any claim subject to 10.1.

13.7 We shall have no further liability or responsibility for any losses of profits, revenue, business opportunity, anticipated savings, wasted overheads, and damage to goodwill, direct, indirect, or consequential injury, loss, or any damage whatsoever and howsoever arising.

09.0 Health and Safety

The customer agrees to allow any employee or contractor of Dry Fast to wear closed-toe, non-skid shoes of any description inside the property at all times to perform the service.

The customer agrees to remove all health and safety hazards from the property either before the commencement of the service or at any time during the performance of the service when requested by us.

The customer agrees to allow us to perform, when requested, a health and safety risk assessment at the property prior to the commencement of the service and will remove all hazards requested by us.

The customer agrees to have cancelled the service by failing to remove any hazards when requested to do so and will pay the price in 12.2 above.