Published on: April 8th, 2025

TERMS OF TRADE

Chemwash Rotorua Limited T/A
Chemwash Rotorua
PO Box 868, ROTORUA 3040
137 Riri Street, Mangakakahi, ROTORUA 3015
Phone: (07) 349 4836
Email: officeadmin@chemwash.co.nz
Web: www.rotorua.chemwash.co.nz

CONTENTS

1. PART A: Overview of these Terms
2. PART B: Services
3. PART C: Price
4. PART D: Payment Terms
5. PART E: Compliance and Information
6. PART F: Dispute Resolution and Liability
7. PART G: General
8. PART H: Dictionary
9. PART I: Specific Terms

PART A: OVERVIEW OF THESE TERMS

These Terms of Trade apply to all Services that we supply to you.
At Chemwash Rotorua Limited T/A Chemwash Rotorua ensuring our Terms are transparent and easy to understand is important to us. If you have any questions or are unsure about anything, please contact us.
To make these Terms easy to use, we:
(a) have set out a ‘Dictionary’ in Part H, which explains the specific meaning, for the purposes of these Terms, of the capitalised words used in these Terms; and
(b) have included summaries / outlines for each Part in blue boxes – these are intended for guidance only and do not replace any of the terms in these Terms.

1. Introduction

1.1 These Terms set out all of the terms and conditions that apply to Services that we supply to you.
1.2 Any other terms and conditions will not apply unless expressly approved in writing by us for a particular Order.
1.3 We may update these Terms on notice to you in writing. Our updated Terms will apply to all Services you order after we have notified you that we have updated our Terms.

PART B: SERVICES

Part B sets out details about placing Orders. It also sets out the process that applies if there are any issues with an Order or if an Order is cancelled.

2. Order process

2.1 You may order Services from us in accordance with our order processes that we advise to you at any time.
2.2 All Orders are subject to acceptance by us. We may accept an Order (in whole or in part) by issuing an invoice for the applicable Services, providing the Services or otherwise confirming the Order in writing.
2.3 We are under no obligation to enquire as to the authority of any person placing an Order on your behalf.
2.4 You may request variations to Orders. However, acceptance is at our discretion and is subject to our approval in writing, in accordance with our process for variations that we advise to you.
2.5 We may require variations to the Services ordered as a result of changes required to the scope of works discovered before or during the provision of the Services. These variations will be submitted to you for approval, and you shall be required to respond to any variation submitted by us within 10 Business Days. Failure to do so will entitle us to add the cost of the variation to the Order. Payment for all variations must be made in full at the time of their completion.

3. Supply of Services

3.1 We will use reasonable efforts to provide Services on the Date specified in the relevant Order. However, unless expressly agreed otherwise, the Date is indicative only.
3.2 We will provide the Services at the specified location set out in the relevant Order or any other location agreed with you in writing.
3.3 Subject to clause 12, if the specified location is at your premises, you must provide our Representatives with suitable access to your premises during normal business hours, together with any assistance reasonably required by our Representatives to perform the Services.

4. Cancellation

4.1 Either party may cancel an Order by written notice if the other party:
(a) commits a material breach of these Terms which is not remedied within 20 Business Days of written notice of the breach from the other party; or
(b) suffers an Insolvency Event.
4.2 If we are unable to provide Services to you, due to reasons beyond our reasonable control, we may cancel the Order (in whole or in respect of any instalment) by giving written notice to you. We will repay you any amount you have paid to us in advance for the relevant Services. We will not be liable for any loss or damage arising from such cancellation.
4.3 You may cancel delivery of the Services by written notice served within 24 hours of placement of the Order.

PART C: PRICE

Part C sets out terms relating to the Price for Services.

5. Price

5.1 The Price for Services will be:
(a) calculated in accordance with our current price list as at the date you submit the relevant Order; or
(b) calculated based on our standard hourly rate as at the Date the Services are provided; or
(c) the Price that we have quoted for Services (subject to clause 5.5).
5.2 We may update our price list and standard hourly rates at any time on notice to you in advance. Any such updates will only apply to Orders placed after the effective date of the update.
5.3 Unless otherwise stated, the Price does not include GST.
5.4 We may charge you for disbursements in addition to the Price.
5.5 Where we provide a quotation, proposal or estimate:
(a) unless otherwise specified, the quotation, proposal or estimate is valid for 30 days from the date of issue and may be subject to such further conditions as are expressly set out in the quote, estimate or pricing;
(b) we may withdraw the quotation, proposal or estimate at any time before you accept it or we accept an Order by notice in writing to you; and
(c) the quotation, proposal or estimate will be exclusive of any applicable additional amounts referred to in clause 5.4.

PART D: PAYMENT TERMS

Under these Terms, we may supply Services to you on credit. It is very important to us that you pay us in full by the due date for payment. The following clauses provide additional protections for us to reflect that arrangement, including terms that will apply if there are any delays or disputes relating to payments.

6. Payment

6.1 You must pay us all Amounts Owing to our bank account (notified to you and updated at any time) or any other payment method that we agree with you.
6.2 Payment shall be:
(a) on completion of the Services; or
(b) as indicated on our invoice; or
(c) 20th of the month following; or
(d) no later than 7 days from the date of the invoice (unless otherwise stated on the invoice), and
(e) in full without deduction, withholding, set-off or counterclaim.
6.3 If you have any dispute relating to an invoice issued by us, you:
(a) must notify us of that dispute in writing within 7 days from the date of invoice (after that period, unless there is a manifest error, you will be deemed to have accepted the invoice); and
(b) will only withhold payment of the amount in dispute and will, upon resolution of any dispute, immediately pay the balance (if any) due to us.
6.4 We and you each agree to promptly deal with any disputed invoices and, where possible, to resolve disputes before the due date for payment.

7. Credit terms and repayment obligations

7.1 The provision of Services to you on credit is subject to our approval. We may use the services of credit reporters and debt collection agencies (in accordance with clause 13.2).
7.2 You must notify us immediately:
(a) if you suffer an Insolvency Event. Any Amount Owing will, whether or not due for payment, immediately become due and payable if an Insolvency Event occurs; or
(b) if you are a company and there is a material change in your effective management or ownership.

8. Deposit and guarantee

8.1 We may require that you pay us in advance, or pay a deposit, or provide a guarantee, before we supply Services, as security for any Amount Owing.
8.2 If we cancel an Order (for reasons other than your breach of these Terms), we will refund any deposit that you have paid to us in full. Otherwise, any deposit that you pay to us is non-refundable, unless we expressly agree otherwise in writing.

9. Late payments

9.1 If payment in full of any Amount Owing (which is not subject to a genuine dispute) is not made to us on the due date, we may:
(a) suspend, or cancel (in accordance with clause 4.1(a)), the provision of any or all Services to you;
(b) cancel any rebates or discounts (whether or not previously credited); and
(c) charge you interest at a rate of 2.5% per month on the balance of the outstanding amount from the due date of payment until the date the outstanding amount is paid, accruing daily and charged monthly.

10. Costs of recovering Amounts Owing

10.1 You must reimburse us for any costs and expenses we incur to recover any Amount Owing, including any debt collection fees or commission and full legal expenses.

11. Security

11.1 We reserve the right to require a guarantee, or any other additional security (at your cost), as security for payment, before we provide Services to you.

PART E: COMPLIANCE AND INFORMATION

Part E sets out the provisions relating to health and safety, privacy and confidentiality.

12. Health and safety

12.1 Each party will comply with the Health and Safety at Work Act 2015 (HSW Act), including all applicable regulations under the HSW Act, as well as all applicable standards and codes of practice relating to health and safety. In addition, each party will comply with the other party’s pre-notified and reasonable health and safety policies when on the party’s premises.
12.2 You must notify us of any known hazards arising from your premises to which a work or any person may be exposed while on the premises, and ensure that your workplace is without risks to the health and safety of any person.
12.3 Each party must consult, co-operate with and co-ordinate activities with all other persons who have a health and safety duty in relation to the same matter in providing the Services (including in connection with the delivery of the Services).

13. Privacy

13.1 We may collect, use and share Personal Information:
(a) for the purposes of the performance of our obligations or exercise of our rights under these Terms; and
(b) in accordance with the Privacy Act 2020 and our Privacy Policy. This may include sharing Personal Information with our Related Companies.
13.2 We may use the services of credit reporters and debt collection agencies. We may provide your Personal Information to those agencies in order to use their services. Information disclosed to credit reporters (including default information) will be held by them and used to provide credit reporting services.
13.3 If you provide us with any information about a third party (including a Representative), or authorise us to collect that information, you confirm that you are authorised by the individual concerned to provide their Personal Information to us or authorise the collection of information about them in accordance with this clause 13. You also confirm that you have informed the individual of their rights to access and request correction of Personal Information.
13.4 You (if you are an individual) and your Representatives have the right to access, and request correction of, any of your Personal Information held by us.
13.5 Further details are set out in our Privacy Policy, available on our website.

14. Confidentiality

14.1 Each party must keep confidential all Confidential Information.
14.2 Nothing in clause 14.1 prevents a party from disclosing Confidential Information if disclosure is:
(a) required by law, or Regulator (but only to the extent required);
(b) is reasonably required to enable a party to perform its obligations or exercise its rights under these Terms; or
(c) to a Related Company or Representatives on a ‘need to know’ basis, provided that person is under a duty to keep the Confidential Information confidential in accordance with these Terms.
14.3 We may also use any information that we collect in connection with the Services provided, in accordance with applicable law, to improve our Services, for statistical and research purposes, and for general information purposes including to provide industry and market insights. You grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use and sub-licence information for this purpose. Any information that we disclose or publish will be in a fully aggregated and de-identified form (to ensure that it does not identify any individuals and your information remains confidential).

PART F: DISPUTE RESOLUTION AND LIABILITY

If a dispute arises under these Terms, we must follow the process in this part F to resolve the matter. If a claim arises under these Terms, any amount payable by you or us will be limited by the maximum liability and exclusions set out in this Part F.

15. Dispute Resolution

15.1 If a dispute arises out of or in connection with these Terms, either party may give a notice to the other setting out the details of the dispute (Dispute Notice).
15.2 Following receipt of a Dispute Notice:
(a) a Representative of each of us (with authority to settle the dispute) will meet, within 10 Business Days, to try to resolve the dispute;
(b) if the dispute is not resolved within 10 Business Days of our Representatives meeting (or if the meeting does not take place, for any reason, within 10 Business Days of the date of a Dispute Notice), the dispute will be referred to the senior manager of each party (if applicable), who will try to resolve the dispute within a further 10 Business Days; and
(c) if the dispute is not resolved by our respective Representatives in accordance with clause 15.2(b), then either party may commence court proceedings.
15.3 This clause 15 does not restrict either party from applying to a court for interim measures or any other form of urgent relief at any time. However, neither party may commence any other form of court proceeding without first following the procedure set out in this clause 15.
15.4 Each party must continue to perform its obligations in these Terms, despite the existence of a dispute, subject to the termination rights set out in these Terms.

16. Consumer Guarantees Act and Fair Trading Act

16.1 If Services include any Consumer services, nothing in these Terms will affect any rights you may have as a consumer under the Consumers Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA)).
16.2 If you are acquiring, or hold yourself out as acquiring, the Services in trade, to the extent permitted by law: (a) for the purposes of section 5D of the FTA, the parties are contracting out of sections 9, 12A, 13 and 14(1) of the FTA; (b) you are contracting out of the CGA (to the extent that the CGA would otherwise apply to any matters covered by these Terms); and (c) it is fair and reasonable for the parties to be bound by this clause 16.2.

17. Defective Services

17.1 You shall inspect the Services on completion and shall notify us of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. You shall afford us an opportunity to inspect the Services within a reasonable time following completion if you believe the Services are defective in any way. If you fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect.
17.2 For defective Services, which we have agreed in writing that you are entitled to reject, our liability is limited to the provisions of clause 20.1 provided that you have complied with the provisions of clause 17.1.

18. Warranties

18.1 We warrant that all Services are free from material defects in workmanship. However, this warranty will not cover any defect or damage to the extent that it is caused by any fault or defect in our Services resulting from any of your (or your Representatives) act or omissions (outside of the ordinary use of the Services).
18.2 To the fullest extent permitted by law (including as set out in clause 16.1), except as expressly set out in these Terms, we expressly exclude all warranties, representations, descriptions, statements, terms or conditions (whether express or implied) whether under statue, law, trade, custom or otherwise that would (but for this clause) apply to the Services.

19. Third party suppliers

19.1 If you request and authorise us to arrange the provision of Services directly to you by a third party supplier (whether or not such arrangement involves us contracting as your agent), to the extent applicable, these Terms will apply to our Services in arranging such supply, provided that we exclude all liability in connection with the supply of Services to you directly by a third party supplier. You agree to pay any commission or other payments due to us in accordance with these Terms.

20. Limitation of liability

20.1 To the extent permitted by law, our total liability under or in connection with these Terms and the Services is limited to:
(a) supplying the Services again; or
(b) the payment of the cost of having the Services supplied again.
20.2 If we have any liability under or in connection with these Terms, to the maximum extent permitted by law:
(a) our total aggregate liability to you for any loss, damage or liability arising out of or in connection with these Terms will be limited to the Price paid by you to us for the applicable Services; and
(b) we will not be liable for any:
(i) indirect, special or consequential loss or damage whatsoever; or
(ii) loss of profits, revenue, data, goodwill, customers or opportunity or loss of or damage to reputation.
20.3 The limitations and exclusions on liability in this clause 20 will apply irrespective of the legal basis for the applicable claim, including contract, equity, tort (including negligence) or statute.
20.4 In no circumstances will we have any liability whatsoever under or in connection with these Terms:
(a) for the acts or omissions of your Representatives or any third party;
(b) for any act or omissions of performance in accordance with your instructions (or instructions from your Representatives); or
(c) to any third party.

PART G: GENERAL

Part G describes miscellaneous provisions necessary for the proper operation of these Terms.

21. General

21.1 Governing Law: These Terms are governed by and to be construed in accordance with the laws of New Zealand and each party submits to the exclusive jurisdiction of the courts of New Zealand.
21.2 Previous Agreements: These Terms constitute the entire agreement of the parties about its subject matter and supersedes any previous written agreements and written representations.
21.3 Sub-contracting: We may subcontract the performance of our obligations (including to a Related Company), on the basis we remain solely liable to you for the performance of our obligations.
21.4 Assignment: You must not assign, novate or transfer your rights or obligations under these Terms without our prior written consent (which may be withheld in our sole discretion). We may assign these Terms to any other person on notice to you (provided that we will request your prior approval (not to be unreasonably withheld or delayed) if the assignment could have any material adverse effect on you). Without limiting the foregoing, we may assign to any other person all or part of the Amount Owing by you to us.
21.5 Amendments: Any amendment to these Terms must be in writing signed by each party, except where stated otherwise in these Terms or where we are required to make changes to ensure compliance with applicable laws (in which case we notify you of the changes in writing).
21.6 Force majeure: We will not be liable to you for any failure or delay in performing our obligations under these Terms where such failure or delay is caused by events or circumstances beyond our reasonable control, including any strike, lockout, labour dispute, delay in transit, embargo, epidemic, pandemic, accident, emergency, order of government or other authority or act of God.
21.7 Waiver: A single or partial exercise or waiver of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.
21.8 Survival: Any provision of these Terms, which is by its nature a continuing obligation, will survive termination.
21.9 Rights of Third Parties: These Terms are not intended to confer a benefit on any person other than the parties to these Terms.
21.10 Relationship: We will provide Services to you as an independent service provider. Nothing in these Terms creates any partnership, joint venture or employment relationship between the parties.
21.11 Non-exclusive: These Terms are not exclusive and do no impose any restriction on us providing Services to you, or you purchasing any services from, any other person.
21.12 Counterparts: These Terms may be executed in any number of counterparts (including by electronic signature or by email exchange of .pdf copies) which together will constitute the one instrument.

PART H: DICTIONARY

Part H sets out a Dictionary, to define the capitalised terms used in these Terms.

22. Definitions

Amount Owing means any amount owed by you to us, from time to time, including the Price, any applicable amounts referred to in clause 5, any interest payable by you, your liability under these Terms and any enforcement costs incurred by us in seeking payment of any Amounts Owing by you.
Business Day means Monday to Friday, excluding public holidays in New Zealand.
Confidential Information means all information that could be reasonably regarded in the circumstances as confidential, including information which relates to the business, interests or affairs of a party, the terms of use, the Services (as applicable), but excludes information which is:
(a) in the public domain, other than as a result of a breach of these Terms;
(b) in the possession of a party prior to the commencement of these Terms without any obligation of confidentiality; and
(c) is independently developed or acquired by a party prior to the commencement of these Terms without relying on information which would itself be Confidential Information.
Consumer has the meaning given to that term in the Consumers Guarantees Act 1993.
Date means the date for the provision of the Services, as specified in the Order.
Insolvency Event means, in relation to a party, any step is taken toward any of the following steps, or any of the following steps has occurred:
(a) the primary, or all, of its business activities being suspended or ceasing;
(b) the presentation of an application for its liquidation;
(c) the making of any compromise, proposal or deed of arrangement with all or some of its creditors;
(d) the appointment of a liquidator, receiver, statutory manager, or similar official;
(e) the suspension or threatened suspension of the payment of its debts;
(f) the enforcement of any security against the whole or a substantial part of its assets;
(g) if you are an individual, anything having a similar effect to any of the events specified above happens in relation to you; or
(h) any other insolvency event or proceedings analogous to any of the foregoing occurs in any relevant jurisdiction,
in each case, unless it takes place as part of a solvent reconstruction, amalgamation, merger or consolidation.
Order means an Order for Services that you submit to us and we approve, in accordance with clause 2.
Personal Information has the meaning given to that term in the Privacy Act 2020.
Price means the Price payable, in accordance with clause 5.1.
Regulator means any authority, commission, government department, court, tribunal, or similar having regulatory or supervisory authority over the parties or any of the Services.
Related Company has the meaning given to it in the Companies Act 1993, read as if a reference to company was a reference to any body corporate of any jurisdiction.
Representatives means directors, officers, employees, agents and contractors of the relevant party.
Services means any Services supplied by us to you at any time, including the Services specified in an Order.
Specific Terms means any terms that are included in Part I to these Terms.
Terms means these Terms of Trade (including any Specific Terms outlined in Part I), as may be amended from time to time, each Order and any additional terms expressly agreed in accordance with clause 1.2 (if applicable).
We or us means the supplier of Services, Chemwash Rotorua Limited T/A Chemwash Rotorua.
You or your means the customer purchasing Services from us.

23. Interpretation

23.1 In these Terms, unless the context otherwise requires:
(a) headings are for convenience only and do not affect interpretation;
(b) a reference to legislation includes all regulations, orders, instruments, codes, guidelines or determinations issued under that legislation or and any modification, consolidation, amendment, re-enactment, replacement or codification of it;
(c) a reference to “in writing” includes by email;
(d) the words “include” or “including”, or similar expressions, are to be construed without limitation;
(e) a reference to a party to includes that party’s successors and permitted assigns and substitutes; and
(f) a word importing the singular includes the plural and vice versa.

PART I: SPECIFIC TERMS

Part I details any specific terms that apply to your order of Services.

24. Payment by third parties

24.1 Where you are the person requesting or organising us to supply the Services is/or are acting on behalf of any third parties you acknowledge and agree that:
(a) 1 person shall be appointed by the third parties to represent them for the purposes of this contract as so identified and notified to us in writing; and
(b) if those third parties are intended to be responsible for the payment of the Price, then it shall be your responsibility to collect the contributions from each party. In the event that any third-party does not pay for the Services when due, then you shall be liable for that portion of the Price as if you had contracted the Services on your own behalf.
24.2 Where you are a tenant (and therefore not the owner of the land and premises where Services are to be carried out) then you warrant that you have obtained the full consent of the owner for us to carry out the Services on the owner’s land and premises. You acknowledge and agree that you shall be personally liable for full payment of the Price for the Services provided under this contract and to indemnify us against any claim made by the owner of the premises (howsoever arising) in relation to the provision of the Services by us, except where such claim has arisen because of our negligence when undertaking the Services. Furthermore, you agree that you shall, upon request from us, provide evidence that:
(a) you are the owner of the land and premises upon which the Services are be undertaken; or
(b) where you are a tenant, that you have the consent of the owner for the Services to be carried out on the land and premises.
24.3 In the event that the Services provided by us are the subject of an insurance claim that you have made, then you shall be responsible for the payment of any monies payable to the insurance company and agrees to honour your obligation for payment for such transactions invoiced by us and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.

25. Additional charges

25.1 You acknowledge and agree that:
(a) in the event that you request us to provide the Services urgently, that may require our staff to work outside normal business hours (including, but not limited to, working through lunch breaks, weekends and/or Public Holidays) then we reserve the right to charge you additional labour costs (penalty rates will apply at time and a half normal rates) and travel time, unless otherwise agreed between both parties;
(b) we reserve the right to vary the Price in the event of:
(i) increases to us in the cost of labour or materials or where additional Services are required as result of changes to the scope of Services; or
(ii) where additional Services are required as result of unforeseen circumstances (including, but not limited to, any variation as a result of additional works required after an inspection, interruptions from a third party causing delays, poor weather conditions, limitations to accessing the site, extra treatment or procedures required for bio-hazardous or other particular stain removal, etc.).
25.2 In the event provision of the Services are delayed due to inadequate access to the site, or water and power facilities, then we reserve the right to charge a reasonable Price for re-providing the Services at a later time and date.
25.3 Any variations to the Price will be dealt with in accordance with the provisions of clause 2.5.

26. Contract Term

26.1 Where this contract is for ongoing Services, the contract term shall be for a period specified in our quotation, and shall revert to a monthly roll over basis automatically, thereafter, unless agreed otherwise until terminated by either party by giving at least 1 months required notice prior to the expiration date of the initial term or any additional term.
26.2 You accept and acknowledge that all fixed contracts shall be subject to an annual Price review and/or subsequent adjustment to allow for increases to us in the cost of labour and materials, which are beyond the control of us.

27. Your responsibilities

27.1 You acknowledge and agree that it is your responsibility to:
(a) ensure that we have clear and free access to, and around, the address at all times to enable them to provide the Services without hindrance, and that such access is suitable to allow motor truck and trailer. We shall not be liable for any loss or damage to the address (including, but not limited to, damage to pathways, driveways and concreted or paved or grassed areas, gardens, lawns, etc.), unless due to the negligence of us, and any costs incurred by us due to delays or hindrance for which it has not been responsible will be charged to you;
(b) provide us with an adequate free source of water at all times to enable us to provide the Services;
(c) ensure that the address is reasonably ready for us to commence the Services, with minimal tradespersons and works in progress, pets/animals safely contained and the removal of loose standing object from all areas to be serviced (e.g. pot plants, barbecues, vehicles, furniture, ornaments, etc.);
(d) fulfil any special conditions or requirements that may affect us providing the Services at the address (including, but not limited to, health and safety equipment and/or work site inductions);
(e) ensure that all joinery, flashings, exterior cladding and wall to floor surfaces (internal and external) are sealed against water entry;
(f) ensure that all electronic components (which includes, but is not limited to, wall and ceiling sockets, switches, electronic alarms, sensors and automatic garage door openers, etc.) are isolated against water ingress; and (g) organise, and meet all costs and expenses associated with, the disconnection and reconnection of any mains power entering any building/s on the address; and
(h) provide us with a safe working environment, and comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services (including, but not limited to, any health and safety laws relating to the site and any other relevant safety standards or legislation). We have not, and will not, assume any obligation as your agent (or otherwise) as may be imposed on you, from time to time, pursuant to any relevant legislation or standards in relation to the Services.
27.2 If you are responsible for the scaffolding, it is agreed that all scaffolding will comply with industry standards and have all relevant safety checks in line with those standards. Should these standards be breached it is up to you to rectify the breaches at your cost. You shall ensure that any person erecting the scaffolding be suitably qualified to guarantee its safe and proper erection and where necessary shall hold a current certificate of competency and/or be fully licensed.

28. Your acknowledgements

28.1 We shall not be liable for:
(a) any existing defects revealed by us during the provision of the Services. Any existing defects revealed shall be reported to you by us on completion of the Services; and
(b) any damage to the site caused by any third party (including, but not limited to, pets or tradesmen).
28.2 You acknowledge and accept that:
(a) we shall carry out day to day activities in strict accordance with the standards set out in our Health and Safety Manual. You acknowledge and agree that where any work situation fails to meet those standards, the Services may be suspended until such time as they can be completed without breaching the health and safety standards;
(b) in the case of aged, degraded, or poorly/incorrectly applied paint or surface application, the washing process may cause the paint or surface application to flake or come free of the surface. We shall not accept any liability for damages caused to surfaces in this situation; and
(c) under no circumstances will we remove any waste which may be considered hazardous. In the event any hazardous materials are located at the site then:
(i) we shall suspend the Services;
(ii) you shall be fully responsible for the resolution of any resulting problems; and
(iii) any additional cost incurred by us shall be added to the Price.