Terms of Trade

(a) The estimated price is based on the information you provide. These factors are outlined under the “Service Specifications” section of your proposal.

(b) The estimate offers a general idea of the total cost, but the final price may change once the work begins. Should there be an increase of more than 15% to the estimated price, we will notify you and obtain your approval before proceeding.

(c) Your final price may be lower than the estimated price, depending on site conditions and other variables encountered during the delivery of Services.

(d) Acceptance of an estimate indicates that you have reviewed and agree to the terms outlined in our Terms of Trade, including provisions related to cancellations, payments, and any scope changes.

(a) A quotation provides a fixed price for the Services based on the information supplied and is valid for 30 days unless otherwise stated.

(b) Our quotations are based on the scope of work outlined at the time of issue. If the scope of work changes due to new information or additional Services being requested, we reserve the right to amend the quotation accordingly.

(c) By accepting a quotation, you agree to be bound by these Terms and the agreed price unless mutually modified in writing.

(a) Any requests for modifications to the Services after the quote or estimate has been provided, such as changes in quantities, measurements, or specifications, will constitute a variation to the original scope of work.

(b) Any additional charges due to variations in the scope of work will be discussed and agreed upon before proceeding.

(a) Upon acceptance of our quotation or estimate, we commit to delivering the Services with reasonable skill, care, and diligence in accordance with the specifications provided.

(b) We will make reasonable efforts to complete the Services within the agreed timeframes. However, completion dates are estimates only, and we will not be liable for delays caused by factors outside our control, including but not limited to adverse weather, site access issues, or unforeseen conditions.

(c) You agree to provide any reasonable assistance to facilitate the performance of the Services, including but not limited to ensuring free and clear access to the premises and making any necessary arrangements for the supply of water, electricity, or other utilities as required for the job.

(a) You are responsible for preparing the work site, including securing any necessary access to the premises, clearing obstructions, and ensuring that the work area is safe for us to perform the Services.

(b) You must promptly notify us of any hazards or safety risks at the site and comply with all reasonable health and safety instructions we provide in relation to the Services.

(c) You must notify us prior to the commencement of Services of any pre-existing surface conditions that may be affected by exterior cleaning, including but not limited to flaking, peeling, or poorly adhered paint, coatings, render, cladding, sealants, or timber finishes. Failure to disclose known pre-existing conditions may limit any claim you have regarding damage to those surfaces.

(d) You are responsible for ensuring that all windows, doors, vents, and other openings are securely closed prior to the commencement of Services. You must also notify us of any known leaks, broken seals, faulty window or door gaskets, or other deficiencies in the weathertightness of the building that may allow water ingress during exterior cleaning. We accept no liability for water damage to interiors or contents resulting from openings left unsecured or from pre-existing weathertightness deficiencies that were not disclosed to us.

(e) You must relocate potted plants, and cover or otherwise protect garden beds, lawns, and vegetation adjacent to surfaces being cleaned, prior to the commencement of Services. You must also notify us of any high-value, rare, or irreplaceable plantings within or adjacent to the work area. Exterior cleaning involves the use of water, cleaning solutions, and/or biocides that may cause damage to vegetation through direct contact or runoff.

(f) Where the Services are to be performed on or near a property boundary, you must take reasonable steps to notify adjoining property owners or occupiers of the scheduled work and, where practicable, ensure that vehicles, outdoor furniture, washing lines, and other moveable items on or near the boundary are relocated or protected prior to the commencement of Services. Exterior cleaning may produce incidental overspray, water runoff, or airborne mist that can drift beyond the immediate work area, particularly in windy conditions.

(g) If access to or across neighbouring or adjoining property is required for the performance of the Services, you are responsible for obtaining all necessary permissions from the relevant property owners or occupiers prior to the commencement of work. We will not enter neighbouring property without confirmation that such permission has been granted.

(h) You must notify us of any rainwater collection systems, water tanks, stormwater drains, open waterways, fish ponds, or environmentally sensitive features on or adjacent to the property. Where the Services include roof cleaning, you must advise us of the downpipe connections (rainwater tank, stormwater, or sewer) so that appropriate precautions, including disconnection or diversion of downpipes, can be taken prior to the commencement of work. Failure to disclose a rainwater collection system may result in contamination of your water supply, for which we accept no liability.

(i) Where the Services include roof cleaning, you must notify us prior to the commencement of work of any known roof defects, previous repairs, the approximate age of the roof, and any manufacturer warranty conditions or approved maintenance requirements that may be affected by cleaning. This includes but is not limited to cracked, loose, or rebedded tiles, corroded or lifted fixings, deteriorated flashings or ridge caps, known leaks, and any coatings or treatments applied to the roof surface.

(j) You must notify us prior to the commencement of Services if the building was constructed or renovated before 1990, or if you know or suspect that any part of the building contains asbestos or other hazardous materials, including but not limited to asbestos cement cladding (fibrolite), textured coatings, roof sheeting, or soffit linings. Pressure washing or disturbing asbestos-containing materials creates serious health risks and is regulated under the Health and Safety at Work (Asbestos) Regulations 2016. If we identify or suspect the presence of asbestos or other hazardous materials at any time during the Services, we reserve the right to immediately suspend work and will not resume until the materials have been identified, tested, or removed by a qualified professional at your cost. The cancellation provisions in clause 6.6 will not apply to any suspension under this clause.

(k) Any failure on your part to meet the obligations outlined in this section may result in delays or additional charges.

(a) We stand behind the quality of our work. If you believe our service has not met your expectations, please contact us promptly — ideally within 48 hours of service completion — so we can investigate and address your concern.

(b) We reserve the right to inspect the area in question before making a final decision on any compensation.

(c) If we determine the issue is due to our service, we will make every effort to rectify it. If you remain unsatisfied, we may pay a competitor of your choice to complete the job up to the original amount paid for our Services.

(d) If the issue is not due to our service, or is due to circumstances beyond our control, we cannot offer compensation or pay a competitor to complete the job.

(e) This satisfaction commitment is what we refer to as the Pinnacle Promise and forms part of our service agreement with you.

(f) This clause does not affect your rights under the Consumer Guarantees Act 1993, which may entitle you to remedies if services fail to meet statutory guarantees.

(a) The competitor's quote must be for the same service, scope of work, and service area as our quote;

(b) The quote must be a written quote from a company that is licensed and holds appropriate public liability insurance;

(c) The competitor's quote must be presented to us before the commencement of the Services;

(d) We reserve the right to verify the competitor's quote before agreeing to match it;

(e) This price match applies to the initial service only and does not apply to ongoing or recurring service arrangements;

(f) This price match cannot be combined with any other discounts, promotions, or special offers; and

(g) We reserve the right to decline a price match request at our reasonable discretion.

(a) The price for the Services will be as set out in our invoice and may differ from the quoted price to account for any variations in the work, including additional services requested by you or necessary due to unforeseen circumstances.

(b) All prices are exclusive of GST unless otherwise stated, and GST will be added at the prevailing rate to the total invoice amount.

(c) We reserve the right to adjust prices if access to the site is delayed, restricted, or inadequate, or if there is an unavailability of water or electricity at the premises.

(a) Payment for residential work is due within 7 days of the invoice date. For commercial work, payment is due by the 20th of the month following the invoice, unless otherwise agreed in writing.

(b) Deposits may be required before the commencement of Services. Deposits are non-refundable except in cases where Services are canceled by us.

(c) Payments must be made in full without any deductions, counterclaims, or withholdings unless otherwise agreed in writing.

(a) If payment is not received by the due date, we reserve the right to charge a late fee of $50 (plus GST) on invoices that are overdue by 21 days.

(b) In addition to the late fee, interest will be charged at a rate of 20% per annum, calculated daily on the outstanding balance, from the 22nd day onward until full payment is received.

(a) If payment remains outstanding after 30 days, your account may be referred to a debt collection agency.

(b) A $50 (plus GST) debt recovery fee will be applied to cover the cost of lodging the debt with the agency.

(c) You will also be responsible for any further collection costs, including a percentage of the recovered amount, as charged by the debt collection agency.

(d) Interest will continue to accrue on the outstanding balance during the debt recovery process, in addition to the debt recovery fee.

(a) We reserve the right to assess your creditworthiness at any time. If we deem your creditworthiness unsatisfactory, we may require immediate payment or a form of security acceptable to us.

(b) If your creditworthiness deteriorates at any time before completion of the Services, we may suspend or terminate the contract unless satisfactory payment or security is provided.

(c) Your obligations under these Terms are considered fulfilled only when full payment (in cleared funds) is received for all amounts owing to us for the Services provided.

(a) We will not be liable for any indirect or consequential losses, including but not limited to loss of profits, loss of revenue, or loss of opportunity, arising out of or in connection with the provision of the Services.

(c) Where we identify pre-existing surface conditions prior to or during the Services, we will use reasonable efforts to notify you and may adjust the scope of work, method of cleaning, or proceed at your risk with your written or verbal consent.

(d) Our total liability for any claim, loss, or damage, whether arising in contract, tort (including negligence), or otherwise, will not exceed the total amount paid by you for the Services that gave rise to the claim.

(a) Any breach of these Terms by you;

(b) Any negligent or wrongful act or omission by you or your agents;

(c) Any failure by you to provide safe working conditions or notify us of any hazards at the premises where the Services are performed;

(d) Any claim by a third party (including but not limited to adjoining property owners, tenants, or occupiers) arising from or in connection with incidental overspray, water runoff, or airborne mist contacting neighbouring property, where the claim arises in whole or in part from your failure to comply with your obligations under clauses 3.4(f) and 3.4(g).

(a) You breach any of your obligations under these Terms and fail to remedy the breach within 7 days of receiving written notice from us;

(b) You become insolvent, go into liquidation, or are placed into receivership;

(c) We have reasonable grounds to believe that you will be unable to pay for the Services, or you fail to provide security for payment when requested.

(a) We breach any of our obligations under these Terms and fail to remedy the breach within 7 days of receiving written notice from you;

(b) You provide us with reasonable evidence that we are unable to deliver the Services within a reasonable timeframe or to an acceptable standard.

(a) Upon termination, you must immediately pay any outstanding amounts owed to us for Services provided up to the date of termination, including any costs incurred as a result of the termination.

(b) If we terminate the contract for any reason specified in clause 6.1, you will be liable for any costs, damages, or losses we incur as a result of your default, including legal fees and recovery costs.

(c) Any deposits paid will not be refunded if you terminate the contract unless otherwise agreed in writing.

(a) We reserve the right to suspend further Services until all outstanding amounts are paid in full;

(b) We may demand immediate payment of all amounts owed, whether or not they are currently due for payment;

(c) We may refer your account to a debt collection agency and recover all associated costs, including a $50 debt recovery fee and any collection costs;

(d) We reserve the right to charge default interest at a rate of 20% per annum, calculated daily, on any outstanding balance from the due date until payment is made in full.

(a) We require a minimum of 24 hours' notice for any cancellation of scheduled Services. This allows us sufficient time to offer the booking slot to another customer.

(b) If you provide more than 24 hours' notice, we will issue a full refund or credit the amount to your account, depending on your preference.

(c) If you cancel with less than 24 hours' notice, we reserve the right to charge a cancellation fee of 50% of the total cost of the booking.

(d) If you cancel or refuse access to the premises after our crew has arrived on-site, or if access is not available upon arrival (including but not limited to locked gates, no one present to provide access, or unsafe site conditions caused by you), a cancellation fee will apply based on the actual costs incurred, including crew wages, travel and vehicle costs, and the lost scheduling opportunity, up to a maximum of 80% of the total booking cost.

(e) We may, at our discretion, waive or reduce the cancellation fee in cases where circumstances genuinely outside of your control require a short-notice cancellation or prevent site access.

(f) This clause does not affect your rights under the Consumer Guarantees Act 1993 or any other applicable New Zealand law.

(a) You agree that all communications regarding invoices, payment reminders, overdue accounts, and any other notifications relating to the Services will be conducted primarily via email, unless otherwise agreed.

(b) It is your responsibility to ensure that we have your correct email address and to promptly inform us of any changes to your contact details.

(c) You agree that email communications satisfy any legal requirement for written communication under the Electronic Transactions Act 2002, unless otherwise required by law.

(a) You agree that electronic signatures are valid and legally binding, provided they adequately identify the signatory and indicate their approval of the document being signed.

(b) Electronic signatures are considered reliable and enforceable if the method used ensures the signatory's identity and consent, as required under the Electronic Transactions Act 2002.

(a) You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

(b) We may assign or transfer our rights and obligations under these Terms at any time without your consent, provided that such assignment does not affect the Services being provided to you.

(a) Adhere to any hazard or risk controls that you notify us about at the premises;

(b) Report any accidents, incidents, or hazards to you immediately;

(c) Provide you with our health and safety plan on request, detailing the steps we take to ensure the safety of our personnel and others affected by the Services.

(a) Inform us promptly of any specific hazards or safety risks at the premises before we commence work;

(b) Cooperate with us in timely consultations and meetings about health and safety matters as reasonably requested;

(c) Provide us with your health and safety plan, including any known hazards at the premises, upon request;

(d) Ensure safe and clear access to the premises for our personnel to carry out the Services.

(a) We will assess weather and site conditions prior to and during the performance of the Services.

(b) If, in our reasonable opinion, weather or site conditions create an unacceptable risk to the health and safety of our personnel or others, we may suspend or postpone the Services in accordance with clause 9.5.

(c) Where Services are postponed due to unsafe weather conditions, we will reschedule the Services at a mutually agreed time. Any refund or credit will be at our discretion unless otherwise required by law.

(d) If you elect to cancel the Services due to weather concerns, but we determine that the Services can be safely and reasonably performed, the cancellation will be treated in accordance with clause 6 and any applicable cancellation terms.

(e) Safety determinations under this clause are made in accordance with our obligations under the Health and Safety at Work Act 2015.

(a) If the dispute is not resolved through good faith negotiation within 10 business days of the notice of dispute, either party may refer the dispute to mediation.

(b) The mediator will be appointed by mutual agreement, or if no agreement is reached within 5 business days, by the President of the New Zealand Law Society or their nominee.

(c) Each party will bear its own costs of the mediation, and the parties will equally share the mediator's fees.

(a) If the dispute is not resolved by mediation, either party may refer the dispute to arbitration in accordance with the Arbitration Act 1996.

(b) The arbitrator's decision will be final and binding on both parties, and the costs of arbitration will be determined by the arbitrator.

(c) Nothing in this clause will prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction where necessary to protect that party's position pending resolution of the dispute.

(a) Personal information collected by us will be used for the purpose of delivering the Services, processing payments, and communicating with you regarding your account or service requests.

(b) We may also use your personal information to send you updates or promotional materials related to our Services. You may opt out of receiving promotional communications at any time by contacting us at info@pbw.co.nz.

(a) We will not disclose your personal information to third parties except as necessary for the performance of the Services (e.g., subcontractors or delivery services) or where required by law.

(b) We may disclose your personal information to credit reporting agencies, debt collection agencies, or legal representatives for the purposes of recovering outstanding payments or verifying your creditworthiness.

(a) By engaging our Services, you consent to us taking photographs and/or video recordings of the premises and the work area before, during, and after the provision of Services. These records are used for quality assurance, training, dispute resolution, and as evidence of the condition of the property at the time of service.

(b) Photographic and video records will be stored securely and retained for a period of no less than 12 months following the completion of Services, or longer where required for the resolution of a dispute or as required by law.

(c) In accordance with clause 12.4, we may use photographs or recordings of completed work, including images of your property, for marketing and promotional purposes. If you do not wish for images of your property to be used in this way, you may notify us at any time at info@pbw.co.nz and we will remove them within a reasonable timeframe.

(d) You may request copies of any photographic records relating to your property by contacting us at info@pbw.co.nz.

(a) All intellectual property, including but not limited to trademarks, logos, service descriptions, content, designs, and processes used or developed by us in connection with the provision of the Services, remains our sole property unless otherwise agreed in writing.

(b) Nothing in these Terms grants you any ownership or rights to use our intellectual property, except as required for the completion of the Services.

(a) You represent and warrant that any intellectual property you provide to us for use in the provision of the Services, including logos, images, and other materials, does not infringe the rights of any third party.

(b) You grant us a non-exclusive, royalty-free license to use any intellectual property you provide for the purposes of delivering the Services. This license will extend only for the duration of the contract and solely for the performance of the agreed Services.

(a) You agree to indemnify us against any claims, costs, or damages arising from the use of intellectual property that you have provided to us if it is found to infringe on the rights of a third party.

(b) If we receive notice of an infringement claim relating to the intellectual property you provided, we reserve the right to cease using the material until the claim is resolved.

(a) We reserve the right to use any completed work, including images or descriptions of the Services provided, for marketing and promotional purposes, unless otherwise agreed in writing.

(b) If you do not wish for your completed work to be featured in our marketing materials, you must notify us in writing prior to the completion of the Services.

(a) In the course of providing the Services, each party may have access to confidential information belonging to the other party. This includes, but is not limited to, business information, trade secrets, pricing, and customer details (“Confidential Information”).

(b) Both parties agree to treat all Confidential Information as strictly confidential and to take all reasonable steps to ensure that it is not disclosed to any third party without the prior written consent of the other party.

(a) Confidential Information may only be used for the purpose of fulfilling the obligations under these Terms and must not be used for any other purpose without the prior written consent of the disclosing party.

(b) Each party agrees to limit access to Confidential Information to those employees, agents, or contractors who need the information to perform the Services and to ensure that they are bound by confidentiality obligations no less stringent than those contained in these Terms.