Last Updated: 12/09/2017 @ 17:20PM
Terms & Conditions
This website is operated by Revival Building Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Revival Building Ltd. The terms “you”,” your” and “yourself” refer to the client / main contractor.
Revival Building Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or ordering something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
All Material is to be ordered by the client over via ‘members’ section from our site. Any material orders received via email or any other means will be considered invalid.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 - GENERAL CONDITIONS
A minimum of a 6 (six) weeks period is needed from when material is ordered to being delivered onsite. We shall have no liability whatsoever arising from delays surpassing a 6 (six) week delivery time frame, as this should be used as a guide only. Revival building ltd will do its upmost to confirm a delivery date once the order has been placed to assist with the overall project planning.
We shall have no liability whatsoever arising from any incorrect deliveries to site including but not limited to profiles, colour and quantity.
You agree that your responsibility to inspect material deliveries to site for correct amounts, profiles, colour and for any damage.
Materials are to be stored safely on-site by the you to prevent damage. Revival Building Ltd takes no liability for any damage incurred on site to Nu Wall materials. Any damage, including scratches, done to materials is to be replaced at your cost.
All Material is to be ordered by the client over via the MEMBERS area on the REVIVAL BUILDING LTD website. Any material orders received via email or any other means will be considered invalid.
Any materials needed to be stored off-site will incur a pre-discussed cost.
The price is for Nu Wall products only. Excluding but not limited to:
* Cavity Battens (the expectation is these are installed and setup ready for Nu Wall installation).
* Any flashings that interface with other products.
* All scaffolding and facilities.
SECTION 2 - PAYMENT & PRICING
Unless otherwise agreed, a 50% deposit required within 7 calendar days of when Nu Wall order is placed. The remaining 50% balance required within 7 calendar days upon delivery to the site of Nu Wall materials.
All Invoices / payment claims are to be paid in full within 7 calendar days of issue. Unless otherwise agreed.
Pricing is based on 'no retention's' being withheld.
Any ‘Additional Extras’ are considered out of scope and a new agreement will need to be agreed upon.
Revival Building Ltd has the right to halt installation and all work if any invoice is overdue by more than 14 calendar days. Work will only recommence once the overdue invoice is paid in full (including any fee’s occurred).
Labour costs to be invoiced as monthly progress payments.
SECTION 3 - COMMENCEMENT OF WORK
Prior to Revival Building Ltd works commencing, all cavity systems and flashings, including head flashings to be fully completed. As well as inspections by Council including - batten positioning, head flashings, saddle flashings, all penetrations taped, back of window flanges foamed. Any penetrations into installed cladding/NuWall will be charged at $30 per penetration.
All access i.e. scaffolds and facilities to be provided by the client to ensure a safe work environment for Revival Building Ltd employees.
PS3 and ROW will be issued upon receipt of full payment of the contract price.
We shall have no liability whatsoever arising from any incorrect material ordered by you, delivered to site and subsequently installed. If material needs to be uninstalled removed from site and subsequently re-ordered this will be treated as a variation and at additional cost to you the client.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - ACCURACY ACCOUNT INFORMATION
You agree to provide current, complete and accurate site & plan information for all materials ordered. You agree to promptly update your account and other information, including plans, profiles, colours and delivery dates, so that we can deliver your order to site within a 6 (six) week period.
If a 6 (six) week delivery period is unattainable, then Revival Building Ltd will aim notify you the closest date to delivery.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
SECTION 8 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 9 - LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
In no case shall Revival Building Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Revival Building Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 13 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 15 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at tony@revivalbuildingltd.com.