Terms and Conditions

Quote Terms and Conditions
General:
These terms and conditions were last updated on 14th March 2021.
The attached quote lists a set of Services (as defined by Consumer Guarantees Act) to be performed by ToughFix for the Client, to fulfill a single Objective, or overall result, for the Client. 
This agreement is applicable to all services detailed in the attached Quote, and as otherwise performed or supplied by ToughFix.
This agreement is between Chris Bruniges trading as ToughFix (herein referred to as "ToughFix") and the client as noted on the Quote, or otherwise paying for the Service(s) (herein referred to as "Client").
This agreement describes the conditions the Quote are subject to, and if the Quote is accepted by the Client, to which the services described are subject to.
Furthermore, if the Quote is accepted by the Client, these conditions shall apply to the Client, where relevant.

Acceptance of Quote:
The Client shall be said to have accepted this quote, and hence this agreement, by;
  clicking any "accept this quote" link or button via email, website or by any electronic means
  written instruction to ToughFix
  verbal instruction to ToughFix
In the case verbal instruction is given, a confirmation email shall be sent to the Client by ToughFix at some time or immediately prior to commencement of the services - in this case, the Client shall be entitled to cancel any remaining services as per the relevant section below

Agreement to perform Services for the Client:
The Client agrees that ToughFix is performing a set of Services as per the Consumer Guarantees Act (CGA)
The Client agrees that the supply of a Physical or Digital Output (such as a repaired mechanical component, new 3D printing or digital CAD design file) by ToughFix shall not be construed as a Product under CGA, rather being a result of the aforementioned Services.
Expressly, this also applies to any metal, plastic or other physical objects (Materials) either obtained or supplied for the Client by ToughFix, or worked on for the Client

The Services will be performed in a timely manner:
Unless indicated on the Quote, ToughFix agrees to complete the Services within 60 days of the Client accepting the Quote. If the Services are not completed within the 60 days, the Client has the right to cancel any ongoing or unperformed Services in the Quote.

Supply of material by the Client:
In some cases the Client may supply either raw material (such as steel) or a product (such as a lawnmower blade) for working on by ToughFix
In this case;
  ToughFix agrees to take reasonable precautions to protect the Client Supplies
  The Client agrees to supply the Client Supplies in a reasonably safe manner and state, and that they shall be liable for any damages or injury, without limitation, as a result of not doing so, including to any third parties
In the case the Client Supply is supplied to ToughFix for manufacturing or incorporation into a new object (this clause shall not apply when supplied for repair);
  The Client Supplies will be free of structural defect, rust, oil or other waste fluids / dirt
  The Client Supplies will be free of cosmetic defects that are undesirable in the Output
  The Client Supplies will be suitable for the intended Service, as judged by ToughFix
In case any of these conditions are breached, ToughFix may to decide to, at the Client's cost;
  Purchase equivalent supplies
  Perform additional Services to remedy the breach
  Delay performing applicable Services while the Client supplies a replacement Client Supply

Limitations of the Quote:
The Quote lists an estimate of the costs to perform the Services, and has been compiled with reasonable care.
However, from time to time, unforeseen circumstances and difficulties occur when performing the Services.
In the case unforeseen circumstances occur, additional Services, or extensions of existing Services (Extensions of Service), shall be paid for by the Client
These circumstances may include market rates for materials being different at time of actual purchase by ToughFix to perform a Service, although ToughFix will not unduly delay purchase once a quote is accepted to minimize this risk.
In case the sum cost of Extensions of Service exceeds 20% of the Quote total, ToughFix agrees to contact the Client by email for confirmation before continuing the Service.

Delay in performing a Service due to the Client:
The Services described in the Quote often have sequential dependencies on each other, meaning a Service cannot be performed until the previous one has been completed.
From time to time, ToughFix may be prevented from starting, or completing a Service due to requiring input, confirmation or other communication with the Client, or because the Client needs to provide a Client Supply, causing a Delay.
ToughFix agrees, where foreseen, to pre-warn the Client by email before these become a Delay.
When a Delay occurs, ToughFix will email the Client informing them of the Delay, the Service(s) affected, and how to remove the Delay.
In the case a Delay was unforeseen, the Client agrees to remove the Delay within a reasonable amount of time.
In the case the Client was given a reasonable forewarning of a Delay, the Client agrees to pay a Storage Fee, from the time the email informing of the Delay has been sent.

Release of Outputs:
In the case of Outputs only consisting of non Client Supply materials, these Outputs will only be released by ToughFix to the Client after full payment by the Client.

Payment:
ToughFix will issue an Invoice within 5 working days of completion or termination of the Services to the Client.
Client agrees to pay ToughFix the total amount indicated on the Invoice, and any other applicable fees or charges, by the Payment Date as indicated on the Invoice.
If full payment has not been received within 5 working days of the Payment Date, or the Client removes an Output from ToughFix, ToughFix shall issue a Final Deadline reminder by email to the Client
If full payment has not been received within 10 working days of the Final Deadline reminder being sent, ToughFix shall be entitled to;
  recover the debt by any means it deems necessary, as allowed by the law, including referral to a debt recovery agency
  reimbursement from the Client of any costs incurred in debt recovery
  interest payments from the Client, charged at 10% per month, compounding on a daily basis for any outstanding debt to ToughFix

Storage Fee and Storage Limitation:
ToughFix relies on access to tooling and space in order to perform Services. Anything preventing this affects ToughFix's profitability. As such, if ToughFix needs to;
  store a Physical Output beyond the Payment Date
  store a Physical Output, or leave it mounted in machinery or tooling due to a Delay
the Client will be liable to a Storage Fee of $150 per day.
After 30 days of consecutive storage, ToughFix may decide to remove the Physical Output to a 3rd party storage facility, or for disposal, at ToughFix choice, and the Client's cost. These shall be charged to the Client at the greater of the 3rd party's normal rate + 30%, or ToughFix's maximum hourly fee.
At any point, the Client may wish to abandon the Output. In the case ToughFix decides it can use the Output in future jobs (such as leftover material), no further fee applies. Otherwise, the Client is liable for a 3rd party's disposal fee + 30%.

Alterations to the Quote by the Client:
The Client may choose to alter or cancel the Services at any time, prior to the individual Service being performed, in writing
When relevant, ToughFix will produce a new Quote
In case the Client cancels one or more Services, the Client agrees to pay for;
  any materials bought to perform the Service(s), including any excess due to minimum purchase quantity
  any Services already performed
  a cancelation fee of 20% of the amount quoted for the Service(s)

Cancellation of the Service by ToughFix:
If, due to an unforeseen event, after due diligence, ToughFix is unable to start or complete one or any Service in the Quote in a timely manner, ToughFix reserves the right to cancel the outstanding Services in the Quote, or replace the Quote with a new Quote taking into account these delays, at the Client’s preference
In this case, any Services performed to completion up to that point will be paid for by the Client, providing the Client is able to make use of the Services or Output at another provider of the Service, at current market rates and at the Client’s cost.

Copyright applicable to designs and work processes:
The copyright for any design, including design features, or manufacturing techniques, produced by ToughFix shall remain with ToughFix.
Where the Client is a private Consumer, the Client allows ToughFix to use photos and videos of any Output or Service for use in marketing material.
Where the Client is a business, and the Client has not advised ToughFix of the Output or Service being a commercial secret or competitive advantage in writing prior to acceptance of the Quote, the Client allows ToughFix to use photos and videos of any Output or Service for use in marketing material.

Warranties, Guarantees and Liability:
ToughFix agree to perform services with reasonable care and skill, reflective of the price quoted versus market rates
The Client agrees to inspect any Output from the Services, and within 7 days, notify ToughFix of any defects in the Services provided.
ToughFix reserves the right to repair any defects or problems with a Service, prior to refund.
The Client agrees that ToughFix's total maximum liability across all claims related to this Quote, under any circumstance shall be the total value, excluding GST, as indicated in the Quote.
As ToughFix provides generic machining and fabrication services, no warranty, express or implied, is given to the suitability of a Service or Output for any Purpose intended, expressed or communicated, by the Client. This also applies to any design, rendering or Computer Aided Design (CAD) Service performed by ToughFix. In all cases, the Client is advised to seek specialist advice on any proposed design or Output before relying on it for a given Purpose.

Applicability of Consumer Guarantees Act:
In case the Client is a business, the Consumer Guarantees Act shall not apply.

Jurisdiction, Severability and Further Conditions to this agreement
This agreement is subject to New Zealand law
All clauses are severable
Where a clause is unenforceable according to New Zealand law, it shall be replaced by a clause in the spirit of the original clause, so far as allowed by New Zealand law
In case a new Quote is produced for the Client, being for the same Objective, any previous Quote shall be replaced by the content of the new Quote upon agreement of the new Quote.