Our Terms & Conditions

Fisheye Fabrication Limited Terms and Conditions

Standard Terms & Conditions 

Fisheye Fabrication, Ltd (FFL), will supply and install goods under the following terms and conditions. By accepting a quote or estimate from FFL you agree to the Terms and Conditions outlined below. 

Scope of Works & Authorisation

As a requester of works, you warrant that you have the authority to request FFL to undertake the works.

FFL does not perform vessel movements or provide storage for vessels. Vessel movements, if required, shall be subcontracted to a fully insured third party or performed by the owner or their authorized representative. 

Quoted Work 

All quotes are subject to final site measure. Any changes from quoted specifications may result in additional costs. All quotes are valid for 30 days. Quotations are based on current costs incurred by FFL and any increase to these costs arising between time of quote and completion date shall be paid by the client. Acceptance of the quote is deemed to be in agreement to these terms. All quotes based on plans, drawings, sketches, schedules and specifications are subject to the accuracy of the information provided by the client or their agent (e.g. Architect). FFL will not be held responsible for any inaccuracies associated with this information including quantities, dimensions, materials, position or design that does not comply with relevant New Zealand standards. 

Estimated Work

All estimates are subject to final site measure.  Estimates are based on the information known to FFL at the time of the estimate.  Estimates are based on current costs incurred by FFL and any increase to these costs arising between time of estimate and completion date shall be paid by the client. FFL agrees to inform the customer if the estimated work will exceed the amount of the estimate prior to the final invoice. 

Liability 

The Consumer Guarantees Act 1993, the Fair Trading Act 1985 and other statutes may imply warranties or conditions or impose obligations upon FFL which cannot by law (or which can only to a limited extent by law) be excluded or modified.  In respect of any such implied warranties, conditions or terms imposed on FFL, FFL's liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. 

Except as otherwise provided above FFL shall not be liable for any loss or damage of any kind whatsoever, arising from the supply and installation of Products and Services by FFL to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and Services provided by FFL to the Customer, and the Customer shall indemnify FFL against all claims and loss 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 FFL or otherwise, brought by any person in connection with any matter, act, omission, or error by FFL, its agents or employees in connection with the Products and Services. 

The Customer acknowledges and agrees that it is the Customer's sole responsibility to ensure that the structure to which the Products and Services are affixed is suitable for this purpose and that the Customer has taken all necessary care and attention to ensure that the structure to which the Products and Services are affixed is a suitable structure (including, without limitation, seeking appropriate advice from third parties). 

The Customer hereby indemnifies the Company and shall keep the Company indemnified from and against all losses, costs, penalties, liabilities or expenses suffered or incurred as a result of:

Any breach or attempted breach by the Customer of these terms and conditions including, without limitation, the provisions within these Terms and Conditions; 

The structure to which the Products and Services are affixed not being suitable for this purpose; Defects of any kind whatsoever in the structure to which the Products and Services are affixed; 

Any misuse, abuse, neglect, operator error or use of improper supplies in relation to the Products and Services; 

and Any breach by the Customer of any statute, regulation, order or law to which it is subject or with which it is required to comply. 

If, contrary to the disclaimer of liability contained in these terms and conditions of trade FFL is deemed to be liable to the Customer, following and arising from the supply of Products and Services by it to the Customers, then it is agreed between FFL and the Customer that such liability is limited in its aggregate to $500.00. 

Warranty 

All workmanship carries a one year warranty period against defects or failures. All claims for damaged or defective goods or faulty workmanship must be received within 14 days of invoicing. FFL retains the right to undertake remedial work as it sees fit to rectify any issues. FFL offers no warranty to customer supplied parts and materials, or used parts. 

Payment 

Standard payment terms are 100% of project value due on completion (unless otherwise agreed in writing). FFL reserves the right to issue progress payments and suspend work if payment is not made. All goods remain the property of FFL until final payment is received. If payment is not received within the agreed timeframe then FFL reserves the right to enter premises where the goods are located and remove the goods. If the goods are fully or partially connected or incorporated with other goods FFL reserves the right to reclaim these goods and will not be liable for any damage caused during this process. The client hereby indemnifies FFL for any claims for the loss or damage against FFL as a result of the exercise of this clause. FFL reserves the right to charge interest at 2.5% per month, calculated on a daily basis on all overdue monies until the account is settled in full. If any account remains overdue after thirty days then an amount of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200) shall be levied for administration fees, which sum shall become immediately due and payable. Any costs associated with the recovery of overdue accounts will be passed on to the client including all administrative, collection agency costs, legal and court costs.  Items that have been paid for but not collected within 30 days of invoice shall incur a storage fee of $10 per day.  Items that remain uncollected after 180 days shall be disposed of. 

Retentions 

Retention claims will not be accepted unless specifically agreed to in writing by FFL and the client. 

Subcontracting

FFL is entitled to subcontract on any of the items of work either in whole or in part. Examples of work that may be subcontracted include but are not limited to scaffolding, electrical, craneage, vessel movement and machining services. 

Delay in Completion 

FFL will proceed with all reasonable speed without however being liable for any delay arising from disputes with sub-Contractors and/or trades people, accidents, civil commotion, epidemics, floods, bad weather, delays in transportation, shortage of labour and/or materials, difficulties with extras and/or variations, acts of God, demands or requirements of any Government, Local Authority or similar Body insofar as the same being reasonably attributable to FFL. 

Access 

Customer will provide reasonable access to installation areas.  

Insurances

In all circumstances the client must arrange and fully insure their vessel against loss or damage. FFL must arrange and maintain public liability insurance for FFL and FFL employees against liability for loss or damage to any property, injury or death or illness of any person that arises from the performance of the Work. 

Marketing 

FFL is entitled to use images of the project taken before, during and after completion for the purposes of marketing collateral including flyers, advertisements and website content.