Terms and Conditions

1. Definitions

In these terms, the following words have these meanings.

• "We", "us", "our" and "Cheeky's Plumbers" means the business trading as Cheeky's Plumbers, and includes our employees and subcontractors.
• "You" and "customer" means the person or business who requests or accepts the work, and anyone who books on their behalf with their authority.
• "Work" means the services, labour, parts and materials we supply, including diagnosis, repairs, installations, maintenance, drain clearing, CCTV inspection, gasfitting and testing.
• "Quote" means a written fixed price for a defined scope of work.
• "Estimate" means our best guess of the likely cost, which may change once the work starts.
• "Call-out fee" means the charge for attending your property, assessing the problem and the first period of time on site.
• "After hours" means evenings, weekends and public holidays, and any other time outside the standard hours we confirm when you book.
• "Consumer" has the meaning in the Consumer Guarantees Act 1993: someone who acquires services or goods of a kind ordinarily acquired for personal, domestic or household use, and not for the purpose of a business.
• "Working day" means any day except a Saturday, Sunday or public holiday.
• Amounts are in New Zealand dollars and include GST unless we say otherwise.

2. Quotes and estimates

A quote is a fixed price for the scope of work it describes. The price will not change unless the scope changes, we find something that could not reasonably have been seen when we quoted (see Variations), or you ask for extra work.

An estimate is not a fixed price. It is our honest view of the likely cost based on what we know at the time. Where the final cost is likely to exceed the estimate by more than 10%, we will stop and talk to you before continuing.

Quotes are valid for 30 days from the date they are issued unless the quote says otherwise. After that, prices may change, especially for parts and materials whose supply prices move.

The price for your job is the one we confirm in writing or agree with you on site before work starts.

If we have not given you a quote or an estimate and no price has been agreed, you must pay a reasonable price for the work, as the Consumer Guarantees Act 1993 provides.

3. Fixed-price quotes on site

For most repairs, our plumber will assess the problem and give you a fixed price before any work begins. You can accept it, ask questions or decline it.

If you decline the fixed price, you only pay the call-out fee (if one applies) and any diagnostic work you agreed to, such as a CCTV drain inspection or leak detection test.

A fixed price covers the work described. It does not cover hidden problems found once work is underway, which are dealt with under Variations.

4. Call-out fees and after-hours rates

A call-out fee may apply to each visit. The amount is confirmed when you book.

Emergency and after-hours work is charged at our after-hours rates, which are higher than our business hours rates. We will tell you the after-hours call-out fee and hourly rate on the phone before we dispatch a plumber, and you can choose to wait for a business hours appointment instead.

The following also applies.

• Travel outside Christchurch, Selwyn and Waimakariri, including Banks Peninsula beyond Lyttelton: by arrangement, plus travel costs.
• A call-out fee still applies if we attend and cannot get access, or if the job is cancelled after the plumber is on the way.

5. Variations

Plumbing is often hidden in walls, floors and under the ground, so we may find problems that could not reasonably have been seen when we quoted, such as corroded pipes, collapsed or root-damaged drains, non-compliant earlier work, asbestos or rock.

If that happens, or you ask for extra work, we will stop and explain what we found, show you photos where we can and give you a price for the extra work. We will only go ahead once you approve the variation, which can be verbal on site and will be recorded on the job notes or by text or email.

If we cannot reach you and stopping would cause damage or a safety risk (for example, a live leak or a gas leak), we will do only the minimum work needed to make the site safe and charge for it at the agreed rates.

6. Access and your responsibilities

To help us do the job safely and on time, you agree to the following.

• Give us safe, clear and timely access to the property and work area, including any gate codes, keys, alarm codes or tenant contact details we need.
• Make sure an adult (18 or over) is present when we arrive, or arrange access with us in advance.
• Tell us about any hazards before we start, including asbestos, unsafe structures, aggressive animals, confined spaces, electrical faults and anything in the area we are working on.
• Tell us where you know underground services, such as power, gas, data or irrigation, are located on your property. We will take care, but we are not responsible for damage to services that were not disclosed or marked.
• Move furniture, vehicles, stored items and valuables away from the work area, or let us know if you need help.
• Confirm you own the property or have the owner's authority to request the work. If you are a tenant or property manager, you must have the owner's permission before we start.
• Obtain any building consent or resource consent required for the work, unless we have agreed in writing to arrange it for you.
• Keep pets and children away from the work area and any open trenches, hot pipes or equipment.
• If we cannot access the property at the booked time, or have to leave because the site is unsafe, we may charge the call-out fee and any time spent.

7. Parts and materials

We use quality parts and materials from reputable suppliers that comply with New Zealand standards. Where you want a particular brand or model, we will quote for it if it is suitable and available.

If you supply your own parts or fittings, we will install them if they are suitable and comply with the Building Code, but we are responsible for our installation, not the part itself. We may decline to install parts we consider unsafe, non-compliant or not fit for purpose.

Old parts we remove become our property and are disposed of responsibly unless you ask to keep them before we start. Old hot water cylinders are removed and recycled where possible.

8. Ownership of goods (title)

Parts and materials we supply remain our property until you have paid for them in full. Risk in the goods passes to you once they are delivered to your property or installed, whichever happens first.

Until you have paid in full, you hold the goods on our behalf, and you authorise us to enter the property to recover goods that can be removed without causing damage if your account is overdue, subject to the law.

For business customers, these terms create a security interest in the goods under the Personal Property Securities Act 1999, and we may register that interest on the Personal Property Securities Register. To the extent the law allows, business customers waive their right to receive a verification statement and agree that sections 114(1)(a), 116, 120(2), 121, 125, 129, 131 and 133 of that Act do not apply.

9. Deposits

For larger jobs, such as hot water cylinder replacements, continuous flow or heat pump systems, repipes, drain repairs and renovation plumbing, we may ask for a deposit before ordering parts or scheduling the work. The amount will be shown on your quote.

Deposits are applied to your final invoice. If you cancel after we have ordered special order or non-returnable parts, we may keep the part of the deposit that covers those parts and any restocking fees (see Cancellation).

10. Payment terms

Unless we have agreed otherwise in writing, payment is due on completion of the work. We accept the payment methods listed on our invoice and website, including card, bank transfer, Apple Pay and Google Pay. A card surcharge may apply.

Commercial customers, property managers and builders with an approved account must pay by the 20th of the month following the invoice date, unless the account terms say otherwise.

Where a job is covered by insurance, you are still responsible for paying our invoice on time. We are happy to provide reports and photos for your claim, but we do not wait for insurer approval or payment unless we have agreed that in writing with the insurer.

For work under a construction contract within the meaning of the Construction Contracts Act 2002, we may issue payment claims under that Act, and the process and timeframes in that Act apply.

11. Late payment and debt collection

If an invoice is not paid by the due date, we will send you a reminder. If it remains unpaid, the following may apply.

• Where your quote or account terms say so, we may charge interest on the overdue amount, to the extent the law allows.
• We may stop work on your job, or decline further work, until the account is up to date.
• We may refer the debt to a debt collection agency. You agree to pay the reasonable costs of collection, including debt collection agency fees and legal costs, to the extent the law allows.
• For business customers, we may report the overdue debt to a credit reporting agency.
• Payments are applied first to collection costs, then interest, then the oldest outstanding invoice.
• If you are having trouble paying, please talk to us early. We would rather agree a payment arrangement than refer an account to collection.

12. Cancellation and rescheduling

We understand plans change. Please give us as much notice as you can.

• You can cancel or reschedule a booked appointment free of charge if you tell us at least 24 hours before the arrival window.
• If you cancel with less notice, or after a plumber has been dispatched, we may charge the call-out fee.
• If you cancel a quoted job after we have ordered parts, you must pay for any special order or non-returnable parts and any restocking fees charged by our supplier.
• If we need to reschedule, for example because an emergency elsewhere is putting someone's home or safety at risk, or because of severe weather, we will contact you as soon as possible and offer the next available time. We do not charge you for our rescheduling.
• Consumers who agree to a job at their home after an uninvited approach from us may have extra cancellation rights under the uninvited direct sales rules in the Consumer Guarantees Act 1993.

13. Your rights under the Consumer Guarantees Act 1993

If you are a consumer, the Consumer Guarantees Act 1993 gives you guarantees that cannot be excluded by these terms. Our services will be carried out with reasonable care and skill, be fit for any particular purpose you made known to us, be completed within a reasonable time where no time was agreed, and be charged at a reasonable price where no price was agreed. Goods we supply must be of acceptable quality, fit for purpose and match their description.

If something we did fails to meet a guarantee, you are entitled to the remedies set out in that Act, which may include having us fix the problem, a refund, or compensation for reasonably foreseeable loss.

You may also have rights under the Fair Trading Act 1986, which prohibits misleading conduct and unfair terms in standard form consumer contracts, and, for residential building work, under the Building Act 2004 (see section 16).

Nothing in these terms limits any right you have under those Acts.

14. Customers in trade

If you acquire our work for the purposes of a business, or hold yourself out as doing so (for example a builder, developer, property manager acting for a business, landlord acquiring services for a rental business, or commercial customer), you agree that the following applies.

• The Consumer Guarantees Act 1993 does not apply, as allowed by section 43(2) of that Act.
• Sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, as allowed by section 5D of that Act.
• We and you are both in trade, have agreed to these terms in writing and agree that contracting out is fair and reasonable, taking into account the nature of the work, the value of the work and the parties' respective bargaining power.
• Contracting out under these provisions does not apply to small trade contracts to the extent the Fair Trading Act 1986 unfair contract terms rules protect them, and does not affect any guarantees implied by the Building Act 2004 that cannot be excluded.

15. Problems after the job and manufacturer warranties

If something we did is not right, please contact us as soon as you notice a problem and give us a reasonable chance to inspect and fix it before you engage anyone else. We may not be able to cover the cost of another tradesperson's work unless we agreed to it first.

Parts and appliances are covered by the manufacturer's warranty, which varies by product (for example, hot water cylinders commonly carry longer manufacturer warranties on the tank). We can help you make a warranty claim with the manufacturer. Labour to replace a faulty part under a manufacturer's warranty may be charged if the manufacturer does not cover it.

Your rights under the Consumer Guarantees Act 1993 and the Building Act 2004 always apply.

16. Compliance, certification and records of work

All plumbing, gasfitting and drainlaying work is carried out or supervised by people authorised under the Plumbers, Gasfitters, and Drainlayers Act 2006, and to the standard required by the Building Act 2004 and the New Zealand Building Code. Our authorisation numbers are available on request and can be checked on the Plumbers, Gasfitters and Drainlayers Board public register.

We will only carry out work that is exempt from building consent under Schedule 1 of the Building Act 2004, or work for which a building consent has been granted. If you ask us to do work that would not comply with the Building Code or would put people at risk, we will decline.

If we find a dangerous situation, such as a gas leak, an unsafe hot water cylinder or a cross-connection, we may isolate the supply to make it safe and will explain why. We may be required to report some situations to the Plumbers, Gasfitters and Drainlayers Board, WorkSafe New Zealand or Energy Safety.

Where the law requires it, we will provide the following, normally within 10 working days of completing the work or of receiving full payment.

• A gas certificate of compliance for gasfitting work, and a gas safety certificate for high-risk gasfitting work, under the Gas (Safety and Measurement) Regulations 2010, lodged with the Plumbers, Gasfitters and Drainlayers Board where required.
• A record of work, producer statement or other documentation needed for your local council to issue a Code Compliance Certificate where the work is done under a building consent.
• Backflow prevention device test reports to your local council where required.
• For residential building work with a price of $30,000 or more (including GST), the written contract, checklist and disclosure statement required by the Building Act 2004 and the Building (Residential Consumer Rights and Remedies) Regulations 2014. The implied warranties and the 12-month defect repair period under that Act apply and cannot be excluded.

17. Limitation of liability

Nothing in this section limits any liability that cannot be excluded or limited by law, including under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or the Building Act 2004, or liability for our negligence causing death or personal injury.

Subject to that, and to the extent the law allows, the following applies.

• We are not liable for any indirect or consequential loss, such as loss of profit, loss of income or business interruption, unless that loss was reasonably foreseeable as a result of our failure.
• We are not liable for damage caused by pre-existing defects in your property, such as corroded pipes, weak joints or unsupported drains, that fail when they are handled, tested or water pressure is restored, provided we used reasonable care and skill.
• We are not liable for unavoidable damage to finishes, tiles, walls, gardens, paving or driveways that is necessary to access the work, where we told you about it before starting. Making good is not included unless it is in the quote.
• For business customers, our total liability for any claim relating to the work is limited to the price paid for the work that gave rise to the claim, or the cost of re-supplying the work, at our option.

18. Health and safety

We take our duties under the Health and Safety at Work Act 2015 seriously. Our team follows safe work practices for confined spaces, excavation, working at height, hot work and gas.

You and we share responsibility for safety on site. You must tell us about any hazards you know of, and follow any reasonable instructions our team gives you while work is underway, such as staying clear of trenches or not using water while pipes are disconnected.

Our team may stop work or refuse to start if they believe the site is unsafe, including where asbestos may be present or where they are abused or threatened. If work stops for this reason, call-out and time on site may be charged.

If we suspect asbestos-containing material, we will stop and advise you. Testing and removal must be done by a licensed asbestos assessor or removalist, at your cost.

19. Complaints and disputes

If you are unhappy with any part of our work or service, please tell us first so we can put it right. Contact us by phone on the number shown on this website, or through the form on our contact page. We will acknowledge your complaint within 2 working days and aim to resolve it within 10 working days.

If we cannot agree, either of us may refer the dispute to mediation with an agreed mediator before starting court proceedings, except where urgent relief is needed.

You can also apply to the Disputes Tribunal for claims within its limit, or contact Consumer Protection or Consumer NZ for guidance. Concerns about the conduct or competence of an authorised plumber, gasfitter or drainlayer can be raised with the Plumbers, Gasfitters and Drainlayers Board.

Please keep paying any undisputed part of an invoice while a dispute is being resolved.

20. Privacy

We collect and use your personal information to provide our services, as set out in our Privacy Policy. By booking with us, you agree that we may share the information needed for the job with our subcontractors, suppliers, your local council and the Plumbers, Gasfitters and Drainlayers Board as described in that policy.

21. General

These are the main terms that apply to our work. Your quote, invoice or account application may include extra terms for your job. If they conflict, the specific written quote or agreement takes priority over these general terms.

We may update these terms from time to time. The version in force when you accept a quote or book a job applies to that job.

If any part of these terms is found to be unenforceable, the rest of the terms continue to apply.

We are not responsible for delays caused by events outside our reasonable control, such as severe weather, civil defence emergencies, supply shortages, road closures or utility outages.

We may use qualified subcontractors for parts of the work, but we remain responsible for their work under these terms.

If we do not enforce a right under these terms straight away, we have not given that right up.

22. Governing law

These terms are governed by the laws of New Zealand. You and we submit to the non-exclusive jurisdiction of the New Zealand courts and the Disputes Tribunal.