Terms and conditions of trade


  • “CML” is an abbreviation of Commercial Maintenance Limited.
  • “Customer” is the company, organisation or individual purchasing CML’s goods and/or services.
  • “Goods” will typically consist of building materials.


  1. Applicability
    1. These conditions shall apply to all contracts involving the supply of goods and services by CML.
    2. CML contracts are typically quote documents provided by CML and accepted by the customer.
    3. No person, other than CML’s Managing Director, acting or purporting to act on behalf of CML shall have the authority to waive or change these conditions.
    4. Where alternate terms and conditions have been provided by CML to a Customer then those terms and conditions take precedence over these.
    1. CML’s quoted prices do not include gst unless specifically stated.
    2. A quote may be accepted by providing CML with a purchase order or signing and returning the quote to CML. Acceptance via email is acceptable at CML’s discretion.
    3. Once accepted a quote constitutes a binding order and acceptance of these terms and conditions.
    4. CML reserves the right to cancel an accepted quote / binding order where access to undertake the works has not been provided within three months of quote acceptance.
  3. Payment
    1. Payment is due in full (including gst) by the due date stated in CML’s invoices.
    2. If default is made in payment by the due date CML may, without prejudice to any other rights it has pursuant to these conditions or by law:
      1. Withdraw its goods and services on any or all work being undertaken for the default paying organisation.
      2. Charge a simple interest of 2% per month from the date payment became due until the date CML receives payment in full.
    3. Where payment has not been received by 90 days after the date payment was due CML may recruit the services of a debt collection agency to recover the outstanding debt. Any debt recovery and associated legal and interest expenses are the responsibility of the Customer.
  4. Ownership
    1. The Customer hereby acknowledges that any goods supplied by CML remain the property of CML until CML receives full payment for these goods and associated services.
    2. Where CML supplies goods to a Customer site, the Customer will take reasonable care to ensure that the goods are not damaged and remain secure until they become the property of the Customer.
  5. Guarantee
    1. CML guarantees that its restricted and unrestricted construction work complies with the relevant building codes specified in the New Zealand Building Act 2014.
  6. Indemnity
    1. The Customer warrants that any design or instruction it requests CML to follow will not cause CML to infringe any patent, registered design, trademark, copyright or any other intellectual or industrial right.
    2. Where CML follows any design or instruction given by the Customer in 6(a), the Customer will indemnify CML against any damages, penalties, costs and expenses for which CML may become liable.
  7. Assignment and governing law
    1. The Customer may not assign any of their rights or obligations with CML to another party without CML’s prior written consent.
    2. These terms and conditions are governed by the law of New Zealand.
  8. Force Majeure
    1. CML shall not be liable for failure to perform by what is termed ‘an act of God’ and beyond CML’s reasonable control.