Non-Standard Installation Terms

These terms set out the payment conditions relating to any quote we have issued for non-standard installation or additional works

Dated 8 August 2022

Introduction & Scope

• The Non-Standard Installation Terms (Terms) apply where the Service Provider (you) engages Tuatahi First Fibre Limited (Tuatahi) to provide a non-standard installation and/or additional work.  
• The Terms apply together with your issued Quotation. By accepting the Quotation, you agree to the Terms.

Definitions & Interpretation

• The Agreement consists of:
  i. the Terms;
  ii. the Quotation; and
  iii. Additional Documents (as applicable).
  
  
• If there is any inconsistency between the documents that form the Agreement, the documents shall prevail in the following order (to the extent of that inconsistency):
  i. the Quotation
  ii. the Terms; and
  iii. Additional Documents (as applicable).
  
  
• In the Terms:

Tuatahi and the Service Provider are each a “Party” (together, “the Parties”)

The words include and including are deemed to be followed by the words “without limitation”.

Terms defined in the WSA shall have the meaning given to them unless the context provides otherwise.

Quotation

• The Quotation is issued on the date noted and is valid for a period of thirty (30) Business Days from the date that the Quotation is issued (Offer Period).
• You may accept the Quotation by either accepting the Quotation in the portal it is issued, or, by signing and returning the Quotation to Tuatahi. You must accept the Quotation within the Offer Period.
• The Agreement shall commence on the date you accept the Quotation.
• Tuatahi reserves the right to revise the Quotation (including the Costs and Work) where this is not accepted within the Offer Period.

Costs & Works

• In consideration of your payment of the Costs, Tuatahi shall carry out the Works.
• You shall pay the Costs:
  i. where the Works relate to a Service Order you have submitted per the WSA, in accordance with the payment terms set out in the WSA; or
  ii. as otherwise agreed in writing by Tuatahi.
  
• Tuatahi (or its subcontractor’s) performance of the Works will be governed by the WSA and performed in accordance with the Additional Documents.
• Either Party may subcontract the performance of its obligations under the Agreement, provided that the subcontracting Party will remain liable for the performance of the subcontractor (including all work, materials, acts and omissions).
• Tuatahi may, at its discretion, review and vary the Costs (including charging additional costs) where:
  i. there is a change in the Works;
  ii. you, or the End User, require us to undertake additional work or incur additional costs; and/or
  iii. additional costs become payable due to any applicable statute, regulation, bylaw, rule, or the terms of any license, consent, permit, authorisation, concession or other approval issued by any authority in relation to the development and/or the Work.  
  
• Any Tuatahi Assets deployed as part of the Works remain the property of Tuatahi.

Termination

• Either Party may terminate the Agreement for convenience by giving five (5) days written notice to the other Party.
• If the Service Order (relating to the Agreement) and/or the WSA is terminated, the Agreement will automatically terminate.
• Where the Agreement is terminated pursuant to this clause 5, you will pay on demand:
  i. all costs incurred by Tuatahi up to the termination date; and
  ii. any applicable Charges under the WSA.
  

General

• You may not assign the Agreement without Tuatahi’s prior written consent. Tuatahi may assign any of its rights and obligations under The Agreement at any time, provided that such assignment will not reduce any of your rights under the Agreement.
• If any provision in this Agreement is or becomes illegal, unenforceable or invalid, it will be treated as severed from this Agreement. All other terms of this Agreement will remain in full force.
• The Parties acknowledge:
  i. the exercise of any right, power or remedy provided in the Terms will not prejudice the exercise of any other right, power or remedy available to a Party (under this Agreement or at law); and
  ii. failure or delay of a Party to exercise a right under this Agreement will not constitute a waiver of that right.
  
  
• Any change to this Agreement may only be made where both Parties agree in writing.
• The Terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand.