TERMS OF SERVICE

1. Definitions

1.1. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.

1.2. “Supplier” means Clear Roofing Solutions Ltd, its successors and assigns or any person acting on behalf of and with the authority of Clear Roofing Solutions Ltd.

1.3. “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Supplier to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:

(a) if there is more than one Client, is a reference to each Client jointly and severally; and

(b) if the Client is a partnership, it shall bind each partner jointly and severally; and

(c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and

(d) includes the Client’s executors, administrators, successors and permitted assigns.

1.4. “Goods” means all Goods or Services supplied by the Supplier to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.5. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.

1.6. “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including personal information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using the Supplier’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.7. “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) in New Zealand Dollars for the Goods as agreed between the Supplier and the Client in accordance with clause 5 below.

2. Acceptance

2.1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.

2.2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

2.3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

2.4. The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has completed a credit application with the Supplier and it has been approved with a credit limit established for the account.

2.5. In the event that the supply of Goods request exceeds the Client’s credit limit and/or the account exceeds the payment terms, the Supplier reserves the right to refuse delivery.

2.6. These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on the Supplier’s website. If there are any inconsistencies between the two documents, then the terms and conditions contained in this document shall prevail.

2.7. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Errors and Omissions

3.1. The Client acknowledges and accepts that the Supplier shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(a) resulting from an inadvertent mistake made by the Supplier in the formation and/or administration of this Contract; and/or

(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Supplier in respect of the Services.

3.2. In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of the Supplier; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.

4. Change in Control

4.1. The Client shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address and contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by the Supplier as a result of the Client’s failure to comply with this clause.

5. Price and Payment

5.1. At the Supplier’s sole discretion, the Price shall be either:

(a) as indicated on any invoice provided by the Suppliers Website to the Client; or

(b) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

5.2. The Supplier reserves the right to change the Price:

(a) if a variation to the Goods which are to supplied is requested; or

(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or

(c) inaccurate measurements provided by the Client for custom or special order Goods) which are only discovered on commencement of the Services; or

(d) in the event of increases to the Supplier in the cost of labour or materials (including but not limited to increases to the Supplier in the cost of performing the carriage of the Goods which are beyond the reasonable control of the Supplier, overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange, taxes, levies, duties and/or international freight and insurance charges,warehousing costs, or changes and/or prohibitions to government,council or other regulations etc.) which are beyond the Supplier’s control.

5.3. Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

5.4. In the case of export sales:

(a) the Client must comply with such other requirements as the Supplier may request, including providing security in the form of the Client’s irrevocable letter of credit confirmed by a major national bank of the Supplier’s choosing; and

(b) the Client warrants that sale transactions comply with all applicable laws, including all import, export and exchange control regulations.

5.5. At the Supplier’s sole discretion a non-refundable deposit may be required.

5.6. Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:

(a) on ordering the Goods via clearroofing.co.nz

(b) on or before delivery of the Goods;

(c) by way of instalments/progress payments in accordance with the Supplier’s After-pay payment system.

(d) for approved credit account holders thirty (30) days following the date of any invoice; or

(e) the date specified on any invoice or other form as being the date for payment; or

(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.

5.7. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Supplier.

5.8. The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.

5.9. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.

5.10. Sale banner: $50 will be applied when the customer spends $599 and over this is only applied once per customer per working day.

5.11. Sale banner: free freight will be applied when the customer spends $999 and over this in only applied once per customer per working day.

6. Delivery of Goods

6.1. Delivery (“Delivery”) of the Goods is taken to occur at the time that:

(a) the Client or the Client’s nominated carrier takes possession of the Goods at the Supplier’s address; or

(b) the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

6.2. The Supplier is authorised to deliver the Goods at the address given to the Supplier by the Client for that purpose and it is expressly agreed that the Supplier shall be taken to have delivered the Goods in accordance with this Contract if at that address the Supplier obtains from any person a receipt or a signed delivery docket for the Goods.

6.3. It is agreed that the person delivering any Goods to the Supplier for carriage or forwarding is authorised to sign the consignment note for the Client.

6.4. At the Supplier’s sole discretion, the cost of Delivery is either included in the Price or is in addition to the Price.

6.5. The Supplier may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

6.6. Any time specified by the Supplier for Delivery of the Goods is an estimate only. The Client must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery. The Supplier will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. In the event that the Client is unable to take Delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.

7. Method of Transport and Route Deviation

7.1. The Supplier is to use its particular method of carriage, this is Ute & trailer if the Clients purchase is outside the range of load the Supplier will give notice to the client if there is an additional cost with a third party.

7.2. Set Freight fee applies to within 5kms from the driver’s main routes, Extra will be charged outside these areas.

7.3. The Client will be and shall remain responsible to the Supplier for all its proper charges incurred for any reason. A charge (in addition to the Price under clause 5.2) may be made by the Supplier in respect of any delay in excess of thirty (30) minutes in loading or unloading occurring other than from the default of the Supplier. Such permissible delay period shall commence upon the Supplier reporting for loading or unloading. Labour to load or unload the vehicle shall be the responsibility and expense of the Client or consignee.

8. Loss or Damage

8.1. Subject to clause 19 and any statutory provisions imposing liability in respect of the loss of or damage to the Goods, the Supplier shall not be under any liability for:

(a) any delay or any loss or damage to the Goods occasioned during carriage arising from any Force Majeure or any confiscation, requisition, destruction of or damage by order of any authority, or seizure under legal process;

(b) compliance with the directions of any person or lawful authority entitled to give them;

(c) deterioration, contamination (including any contamination of any cargo compromising the Goods), evaporation, breakdown, wrongful delivery, mis delivery, delay in delivery or non-delivery of the Goods whenever or howsoever occurring (and whether the Goods are or have been in the possession of the Supplier or not);

(d) any instructions, advice, information or service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and

(e) any act or omission whether wilful, reckless, negligent or otherwise of the Supplier, or its servants or agents or subcontractors;

(f) any latent defect or inherent vice or natural deterioration or wastage of the Goods or packaging;

9. Claims

9.1. Notwithstanding clauses 19 and 10, in the event that the Client believes that they have any claim against the Supplier then they must lodge any notice of claim for consideration and determination by the Supplier within seven (7) days of the date of delivery, or for non- delivery within seven (7) days of the anticipated date of delivery or the removal or destruction of the Goods.

9.2. The failure to notify a claim within the time limits under clause 11.1 is evidence of satisfactory performance by the Supplier of its obligations.

10. Risk

10.1. Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.

10.2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.

10.3. If the Client requests the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Client’s sole risk.

10.4. This clause 12 shall not apply where Goods are being exported and clause 7 is applicable.

11. Accuracy of Client’s Plans and Measurements

11.1. The Supplier shall be entitled to rely on the accuracy of any plans, and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Supplier accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans or other information.

11.2. Where the Client is to supply the Supplier with any design specifications the Client shall be responsible for providing accurate data. The Supplier shall not be liable whatsoever for any errors in the Goods that are caused by incorrect or inaccurate data being supplied by the Client

12. Compliance With Laws

12.1. The Client and the Supplier shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services or any other relevant safety standards or legislation pertaining to the Services.

13. Title

13.1. The Supplier and the Client agree that ownership of the Goods shall not pass until:

(a) the Client has paid the Supplier all amounts owing to the Supplier; and

(b) the Client has met all of its other obligations to the Supplier.

13.2. Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

13.3. It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 16.1:

(a) the Client is only a bailee of the Goods and must return the Goods to the Supplier on request;

(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;

(c) the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods;

(d) the Supplier may recover possession of any Goods in transit whether or not Delivery has occurred;

(e) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier;

(f) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

14. Personal Property Securities Act 1999 (“PPSA”)

14.1. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:

(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and

(b) a security interest is taken in all Goods and/or collateral (account) – being a monetary obligation of the Client to the Supplier for Services – that have previously been supplied and that will be supplied in the future by the Supplier to the Client.

14.2. The Client undertakes to:

(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

(b) indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;

(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of the Supplier; and

(d) immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

14.3. The Supplier and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

14.4. The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.

14.5. Unless otherwise agreed to in writing by the Supplier, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.

14.6. The Client shall unconditionally ratify any actions taken by the Supplier under clauses 17.1 to 17.5.

14.7. Subject to any express provisions to the contrary (including those contained in this clause 17), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

15. Security and Charge

15.1. In consideration of the Supplier agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

15.2. The Client indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.

15.3. The Client irrevocably appoints the Supplier and each director of the Supplier as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 18 including, but not limited to, signing any document on the Client’s behalf.

16. Defects and Returns

16.1. The Client shall inspect the Goods on delivery and shall within five (5) days of delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods.

16.2. Goods will not be accepted for return other than in accordance with 19.1 above, and provided that:

(a) the Supplier has agreed in writing to accept the return of the Goods; and

(b) the Goods are returned at the Client’s cost within five (5) days of the Delivery date; and

(c) the Supplier will not be liable for Goods which have not been stored or used in a proper manner; and

(d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

16.3. The Supplier may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of fifteen percent (15%) of the value of the returned Goods plus any freight.

16.4. Subject to clause 19.1, non-stocklist items or Goods made to the Client’s specifications are not acceptable for credit or return.

17. Warranty

17.1. Subject to the conditions of warranty set out in clause 20.2 the Supplier warrants that if any defect in any workmanship of the Supplier becomes apparent and is reported to the Supplier within one (1) month of the date of delivery (time being of the essence) then the Supplier will either (at the Supplier’s sole discretion) replace or remedy the workmanship.

17.2. The conditions applicable to the warranty given by clause 20.1 are:

(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) failure on the part of the Client to properly maintain any Goods; or

(ii) failure on the part of the Client to follow any instructions or guidelines provided by the Supplier; or

(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or

(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(v) fair wear and tear, any accident or act of God.

(b) the warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Supplier’s consent.

(c) in respect of all claims the Supplier shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.

17.3. For Goods not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

17.4. The conditions applicable to the warranty given on Goods supplied by the Supplier are contained on the “Warranty” that is stated on the products via www.clearroofing.co.nz.

17.5. To the extent permitted by statute, no warranty is given by the Supplier as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. The Supplier shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising. This warranty is subject to the following conditions:

18. Compliance: The product must be handled, installed, and maintained according to the manufacturer’s specifications and the requirements outlined in AS/NZS 1562:3:1996.

19. Damage Exclusions: The warranty does not cover any mechanical or chemical damage that occurs during handling, storage, installation, or after installation, except as specified in the Clear roofing Solutions ltd technical literature. It also excludes damage caused by storms, natural disasters, or Acts of God.

20. Liability Limitations: Clear roofing Solutions ltd liability under this warranty is limited to the resupply of the product as follows:

20.1. (a) In the rare event of a product failure, Clear roofing Solutions ltd will only resupply the translucent roofing material on a pro-rata basis.

20.2. (b) To the fullest extent allowed by law and subject to the above warranty terms, Clear roofing Solutions ltd will not be liable for any claims related to faulty design, negligence, mishandling advice, personal injury, or any special, indirect, or consequential damages resulting from defects or unsuitability of the product.

21. Additional Rights: This warranty provides benefits that are in addition to any other legal rights and remedies available.

22. Severability: If any provision of this warranty is found to be invalid or unenforceable, all other provisions will remain valid andenforceable independently.

23. Exclusions: The warranty does not cover fasteners or other accessories related to the translucent roofing

24. Loss of Light Transmission – 15-Year Limited Warranty

Clear roofing Solutions ltd guarantees that, for the commercial life of the products, they will maintain their ability to transmit light, subject to the terms outlined. If a product fails to meet this warranty, Clear roofing Solutions ltd will provide a full replacement or, if the product is discontinued, a comparable alternative.*Loss of light transmission will not exceed 11% within the first 15 years (0.7% per year) from the manufacturing date and will be limited to 1% per year thereafter, provided the sheet remains in its original installation and is available to the original purchaser. Testing will be conducted according to AS/NZS 4257.4‐1994 for diffuse light transmission.

Loss of Light Transmission – 25-Year Limited Warranty

Clear roofing Solutions ltd guarantees that, for the commercial life of the products, they will maintain their ability to transmit light, subject to the terms outlined. If a product fails to meet this warranty, Clear roofing Solutions ltd will provide a full replacement or, if the product is discontinued, a comparable alternative.*Loss of light transmission will not exceed 11% within the first 15 years (0.7% per year) from the manufacturing date and will be limited to 1% per year thereafter, provided the sheet remains in its original installation and is available to the original purchaser. Testing will be conducted according to AS/NZS 4257.4‐1994 for diffuse light transmission.

Weather Breakage – 10-Year Limited Warranty

Clear roofing Solutions Ltd warrants that, for 10 years from the date of manufacture, the products will resist damage caused by hail up to 25mm in diameter. If a product fails to meet this warranty, Clear roofing Solutions ltd will provide a full replacement or, if the product is discontinued, a suitable equivalent

Weather Breakage – 15-Year Warranty

Clear Roofing Solutions warrants that, for 15 years from the date of manufacture, the products will resist damage from hail up to 25mm in diameter, subject to the terms outlined below. If a product fails to meet this warranty, Clear Roofing Solutions will provide a full replacement or, if the product is discontinued, a suitable equivalent.

Loss of Light Transmission – 30-Year Limited Warranty

Clear roofing Solutions ltd guarantees that, for the commercial life of the products, they will maintain their light transmission capabilities, subject to the conditions outlined below. If a product fails to meet this warranty, Clear Roofing Solutions Ltd will provide a full replacement or, if the product is discontinued, a comparable alternative. Light transmission loss will not exceed 11% within the first 15 years (0.7% per year) from the manufacturing date and will be limited to 1% per year thereafter, provided the sheet remains in its original installation and is available to the original purchaser. Testing will be conducted according to AS/NZS 4257.4‐1994 for diffuse light transmission.

Weather Breakage – 16-Year Limited Warranty

Clear roofing Solutions ltd warrants that, for 16 years from the date of manufacture, the products will resist damage from hail up to 25mm in diameter. If a product fails to meet this warranty, Clear roofing Solutions ltd will provide a full replacement or, if the product is discontinued, a suitable equivalent.

Loss of Light Transmission – Lifetime Warranty

Clear roofing Solutions ltd warrants that for the commercial life of the products, they will maintain their ability to transmit light, subject to the terms. If a product fails to meet this warranty, Clear roofing Solutions Ltd will provide a full replacement or, if the product is discontinued, a comparable alternative. The loss of light transmission will not exceed 11% in the first 15 years (0.7% per year) from the date of manufacture and will be capped at 1% per year thereafter, provided the sheet remains in its original installation and is available to the original purchaser. Testing will be conducted according to AS/NZS 4257.4-1994 for diffuse light transmission.

Terms

1. Scope: This warranty is limited to residential applications and is only applicable to the original purchaser.

2. Compliance: The products must be stored, installed, Clean with warm soapy water (mild detergent) and a soft sponge or soft brush. Rinse down thoroughly. Do not remove the sheets to clean once installed.

3. Under normal conditions, you will need to install 7 fastener per metre, depending on your purlin spacings and wind conditions, high wind zones recommended to use 9 fasteners per meter. Use the fasteners in every second corrugation on each purlin or batten. For wall installations, fix the sheets through the valleys. For roofing, start laying the sheets with the direction of the prevailing wind. Allow a 50mm overhang for proper coverage. It is also recommended to use barge capping for additional protection. Corrugate & Greca Every 2nd crest end purlin, 5-ribs Every crest end purlin. Corrugate & Greca Every 3 crest mid purlins. 5-Rib every crest mid purlin.

4. Storage: Store sheets on a flat surface in a well-protected, shaded area, avoiding direct sunlight. Storing sheets in the sun, even if covered, can lead to heat build-up and potential distortion.

5. Moisture Prevention: Ensure that moisture does not get between stored sheets, as this can cause whitening or discoloration.

6. Chemical Contact: Avoid contact with chemicals, paints, solvents, and sealants, particularly silicone, as these can be incompatible with polycarbonate.

7. Cleaning: Clean panels of accumulated dust and dirt on weather-exposed surfaces at least twice a year, or more frequently if exposed to extreme conditions. For optimal maintenance, we recommend cleaning in Spring and Autumn to help reduce mould growth

8. Exclusions: This warranty does not cover damage resulting from:

(a) Hail exceeding 25mm in diameter.

(b) Extreme weather conditions, including but not limited to hurricanes, cyclones, and tornadoes.

(c) Accidents, vandalism, fire, or similar causes.

(d) Failure to follow Clear roofing Solutions instructions for storage, installation, and cleaning.

9. Must use correct fasteners

Specifications • Coated to AS3566 Class 4 • 12 gauge • 55mm • 26mm DEKS EPDM washer self-drilling tip • Drills through timber and steel up to 1.9mm thick • Cuts an 11mm expansion hole.

25. Consumer Guarantees Act 1993

25.1. If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Supplier to the Client.

26. Intellectual Property

26.1. Where the Supplier has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of the Supplier. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Supplier.

26.2. The Client warrants that all designs, specifications or instructions given to the Supplier will not cause the Supplier to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.

26.3. The Client agrees that the Supplier may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Supplier has created for the Client.

27. Default and Consequences of Default

27.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

27.2. If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).

27.3. Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 23 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.

27.4. Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:

(a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due;

(b) the Client has exceeded any applicable credit limit provided by the Supplier;

(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

28. Cancellation

28.1. Without prejudice to any other remedies the Supplier may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods to the Client. The Supplier will not be liable to the Client for any loss or damage the Client suffers because the Supplier has exercised its rights under this clause.

28.2. The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Supplier shall repay to the Client any money paid by the Client for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.

28.3. In the event that the Client cancels Delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).

28.4. Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

29. Privacy Policy

29.1. All emails, documents, images or other recorded information held or used by the Supplier is Personal Information as defined and referred to in clause 25.3 and therefore considered confidential. The Supplier acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area “EEA” then the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Supplier acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by the Supplier that may result in serious harm to the Client, the Supplier will notify the Client in accordance with the Act and/or the GDPR. Any release of such personal information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.

29.2. Notwithstanding clause 25.1, privacy limitations will extend to the Supplier in respect of Cookies where the Client utilises the Supplier’s website to make enquiries. The Supplier agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:

(a) IP address, browser, email client type and other similar details;

(b) tracking website usage and traffic; and

(c) reports are available to the Supplier when the Supplier sends an email to the Client, so the Supplier may collect and review that information (“collectively Personal Information”) If the Client consents to the Supplier’s use of Cookies on the Supplier’s website and later wish to withdraw that consent, the Client may manage and control the Supplier’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when existing the site.

29.3. The Client authorises the Supplier or the Supplier’s agent to:

(a) access, collect, retain and use any information about the Client;

(i) (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information; or

(ii) for the purpose of marketing products and services to the Client.

29.4. Where the Client is an individual the authorities under clause 25.3 are authorities or consents for the purposes of the Privacy Act 1993.

29.5. The Client shall have the right to request the Supplier for a copy of the Personal Information about the Client retained by the Supplier and the right to request the Supplier to correct any incorrect Personal Information about the Client held by the Supplier.

30. Service of Notices

30.1. Any written notice given under this Contract shall be deemed to have been given and received:

(a) by handing the notice to the other party, in person;

(b) by leaving it at the address of the other party as stated in this Contract;

(c) by sending it by registered post to the address of the other party as stated in this Contract;

(d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;

(e) if sent by email to the other party’s last known email address.

30.2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

31. General

31.1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

31.2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Manukau, New Zealand.

31.3. The Supplier shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

31.4. The Supplier may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.

31.5. The Client cannot licence or assign without the written approval of the Supplier.

31.6. The Supplier may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Supplier’s sub-contractors without the authority of the Supplier.

31.7. The Client agrees that the Supplier may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Supplier to provide Goods to the Client.

31.8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

31.9. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.