Working for Health Limited agrees to provide services and/or hire Equipment to the Requesting Client and the Requesting Client agrees to engage Working for Health Limited to provide such services and/or to provide Equipment to hire on the following terms and conditions. The Requesting Client acknowledges and agrees that the Agreement and any other invoice, Estimation, Quotation, or document evidencing or describing any services or Equipment is incorporated into and forms part of these terms and conditions. These terms and conditions are subject to change from time to time. Any changes to these terms and conditions will be published on www.workingforhealth.co.nz.

Definitions

“Agreement” – our Standard Agreement which confirms your agreement with these Terms.

“Equipment” – means all equipment supplied by WFH to the Requesting Client, including consumables, accessories, parts, and storage supplied to the Requesting Client.

“Hire Period” – means the time the Equipment leaves WFH’s premises until the return of the Equipment to WFH’s premises, or following collection by WFH, or until the expiry of the Hire Period as specified on the Agreement, Estimation or Quotation, whichever occurs last.

“Parties” – the Requesting Client and WFH are collectively referred to as the “Parties” to these Terms and the Agreement.

“Party” – either the Requesting Client or WFH who, collectively, are Parties to these Terms and the Agreement.

“Requesting Client” – the customer (“Requesting Client”, “you”).

“Terms” – the terms and conditions (“Terms”) set out herein which govern all of the supplies and services from WFH.

“WFH” – Working for Health Limited (“WFH”, “we,” “our” and “us”).

1. Services Provided

1.1 The Requesting Client agrees to engage WFH to provide quality, health, safety, and environmental services as per the details set out in project specific Estimations or Quotations.

1.2 The Requesting Client is of the opinion that WFH has the necessary qualifications, experience, and abilities to provide such services to the Requesting Client.

1.3 WFH is agreeable to providing such services to the Requesting Client on these Terms and as per our Agreement.

1.4 We reserve the right to sub-contract with any party for the performance of the whole or any part of the services.

2. Confidential Health Records

2.1 WFH takes patient privacy and confidentiality seriously and requires the same commitment from the Requesting Client. No individual health information will be released to the Requesting Client without the informed consent of the individual to which the information belongs to.

2.2 The Requesting Client shall nominate and inform WFH of their authorised representative(s) to:

   2.2.1 receive person specific identifying health information for the purposes of managing worker health and safety;

   2.2.2 receive completed worker health records for the purpose of facilitating secure and confidential storage.

2.3 The Requesting Client shall ensure that WFH are promptly notified of any changes to their authorised representative(s).

2.4 The Requesting Client acknowledges that worker health records are required to be securely and confidentially retained for a minimum of 30 years, or 40 years when those records relate to work with or exposure to asbestos.

3. Equipment Hire

3.1 Whether as part of an Agreement for service delivery or as a standalone Agreement, the Requesting Client may agree to hire Equipment from WFH.

3.2 The Requesting Client acknowledges that the Equipment may not be new stock, but all Equipment will be clean and in good working order for its intended use at the commencement of the Hire Period. The Requesting Client must satisfy itself that the Equipment is suitable and in a condition for its purposes.

3.3 Where not operated by WFH personnel, the Requesting Client must ensure that the Equipment is operated by a suitably qualified operator, within the instructions provided by WFH; and only for the purpose and within the capacity for which it was designed. .

3.4 The Requesting Client shall be liable for all consumables associated with the use of the Equipment.

3.5 At the Requesting Client’s expense, the Requesting Client must clean, check, maintain, keep and return the Equipment in good and substantial repair and condition, failing which WFH may charge the Requesting Client to reinstate the Equipment to its original condition at the time of commencement of the Hire Period.

3.6 The Requesting Client must immediately notify WFH of any breakdown, damage, destruction, theft, or loss of the Equipment and assist WFH’s enquiries in regard to the same (including, where relevant, filing a Police report).

3.7 The Requesting Client will be liable for any loss, theft, damage, or destruction of any Equipment during the Hire Period.

4. Projects, Estimations, and Quotations

4.1 Each project has its own costs and WFH will endeavour to inform the Requesting Client the anticipated associated costs in advance through a project specific Estimation or Quotation.

4.2 In some cases, particularly where it is difficult to quantify the total value of a project due to anticipated variables, our Estimation may outline costs per unit or per person, rather than an estimated total project cost. In such cases, this will be stated on our Estimation or Quotation and you agree to provide Compensation for all services rendered by WFH in accordance with those costs and these Terms.

4.3 Our Estimation or Quotation is valid for 30 days unless it specifies otherwise and is exclusive of GST, unless stated otherwise.

4.4 Your order, in response to our Estimation or Quotation, is subject to these Terms, our Agreement, and our acceptance. Until such time, we will be under no obligation to supply the service or equipment quoted.

4.5 We reserve the right to alter our Estimation or Quotation through circumstances beyond our control.

5. Standard Agreement

5.1 Prior to initial engagement with WFH for services or Equipment, an authorised representative of the Requesting Client will be required to sign our Standard Agreement (referred to herein as the “Agreement”) acknowledging the acceptance of these Terms.

5.2 Any variation to the Agreement or Terms must be agreed to by us in writing and will be subject to a variation in price. An Estimation or Quotation for this variation will set out the additional price and scope of work, and you will be required to accept this Estimation or Quotation in writing.

6. Cancellations and No Shows

6.1 WFH require a minimum of 24 hours’ notice for appointment and booking cancellations. For cancellations outside the minimum notice period, the Requesting Client will be required to pay a cancellation fee of:

   6.1.1 $60.00 NZD plus GST for “No Shows” to appointments at our premises;

   6.1.2 a cancellation fee that equates to 60% of the full booking charge for work booked away from our premises.

7. Term of Agreement

7.1 The term of the Agreement will begin on the date the Agreement is signed by an authorised representative of the Requesting Client and will remain in full force and effect indefinitely until terminated as provided in these Terms.

7.2 In the event that either Party wishes to terminate the Agreement, that Party will be required to provide 30 days’ notice to the other Party.

7.3 Aggressive, racist, or any other behaviour that may risk the health and safety, or amount to harassment of our people will not be tolerated by any representative of the Requesting Client and WFH reserve the right to discontinue service, either temporarily or permanently, should this occur.

7.4 Except as otherwise provided in these Terms, the obligations of WFH will end upon the termination of the Agreement.

8. Invoicing and Compensation

8.1 Worker names may be listed on invoices for services rendered. You agree to notify WFH at the point of engagement if you have differing requirements.

8.2 For the delivered services and/or Equipment by WFH, the Requesting Client will provide payment in accordance with these Terms, the Agreement, invoices, and project specific Estimations or Quotations.

8.3 The Requesting Client will pay WFH per project agreed.

8.4 Where projects span over more than one calendar month the Requesting Client should expect multiple part invoices for services rendered and Equipment delivered to date.

8.5 If we incur any extra costs because of delays, interruptions or suspensions of work due to your actions, or because of any defective or unsuitable material supplied by you, we may increase the Agreement price by the amount of any such extra costs calculated on a basis as similar as possible to that of the Estimation or Quotation.

8.6 Payment shall be made in full on or before 14 days from the date of the invoice.

8.7 Should you fail to pay any amount due under the Agreement by the due date we will charge interest on the overdue balance at the rate of 15%, calculated daily, and compounding this amount weekly. You will also be liable for any costs we incur (including debt collection and legal costs) as a consequence of having to enforce our rights contained in these Terms and our Agreement.

8.8 WFH may, in its sole discretion require a deposit from the Requesting Client. The deposit amount will be stipulated at the time the services and/or Equipment is ordered and shall become immediately due and payable.

8.9 WFH may, in its sole discretion require payment in advance of services and/or Equipment Hire from the Requesting Client. The amount will be stipulated at the time the services and/or Equipment is ordered and shall be payable in full prior to service and/or Equipment delivery from WFH.

8.10 All monetary amounts referred to in Estimations, Quotations, and invoices are in New Zealand dollars (NZD).

9. Force Majeure

9.1 All provisions of the Estimation or Quotation or any provisions made subsequent to the Estimation or Quotation by us, including delivery dates, are subject to unavoidable contingencies and we shall not be liable for any late delivery caused by fire, explosion, natural disaster, war, interruption or delay in transport, strikes or other labour disputes, inability to obtain materials as allowed for, acts of terror, abnormal manufacturing conditions, pandemics of global or national significance, or any cause beyond our reasonable control.

10. Dispute Resolution

10.1 If any dispute arises from the Agreement then the Parties will meet in good faith to attempt to find a commercial solution to the problem. If no such solution is found, then the Parties agree to appoint a mediator, the costs of which will be jointly shared between the Parties. The Parties will fully cooperate in the mediation and will endeavour to the best of their capabilities to settle the dispute by mediation. In the event that the dispute has not been resolved within 28 days after the appointment of the mediator the Parties may proceed to litigation.

10.2 These Terms and the Agreement is governed by the laws of New Zealand. You agree that any dispute is subject to the exclusive jurisdiction of the New Zealand courts.

11. Notices

11.1 All notices, requests, demands or other communications in relation to these Terms, the Agreement, or Estimation or Quotation will be given in writing and delivered to the Parties of the Agreement. In writing means via email to an authorised representative of the Party.

12. General

12.1 These Terms govern all of the supplies. Equipment, and services from WFH to the Requesting Client. These Terms replace any earlier terms of trade between you and us.

12.2 Your signing of our Standard Agreement (“Agreement”), or acceptance of our Estimation, Quotation, goods, services, or compensation for the same indicates acceptance of these Terms.

12.3 The executer of the Agreement warrants that it has authority to sign the Agreement with WFH and indemnifies WFH against all losses and costs that may be incurred by WFH arising out of the person signing failing to have such authority to do so.

12.4 If any of these Terms shall be invalid, void, or illegal or unenforceable, the validity existence, legality and enforceability of the remaining Terms shall not be affected, prejudiced, or impaired.

 

Last updated: 21 April 2021