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Commercial Terms & Conditions

The full terms and conditions that apply to commercial and infrastructure work carried out by Drain Vision Limited.

Last updated: 24 June 2026. Drain Vision Limited, Company No. 9429046735829, GST No. 125-698-182, 118A Queensberry Terrace, Queensberry, Otago 9383, New Zealand.

1. Definitions

In this Agreement, unless the context otherwise requires:

  1. Agreement means these terms and conditions together with Quotes, orders and/or invoices issued under the Agreement.
  2. Completion Date means the date that the Services are completed.
  3. Materials means any materials, products or any other items used, supplied or installed by Us in the execution of the Services.
  4. Order means the formal acceptance by You, whether in writing or verbally, of the Services from Us.
  5. PPSA means the Personal Property Securities Act 1999.
  6. Property means the property where the Services are to be carried out.
  7. Quote means a statement of the work, proposal, schedule of rates or other similar document recording the Services to be carried out by Us together with the fee and payment terms of such Services.
  8. Services means any services provided by Us to You including but not limited to CCTV pipeline inspection, high pressure water jetting (light and heavy cleaning), pipe locating, defect coding and reporting, hydro excavation, vacuum loading, and associated pipeline services for domestic, commercial and infrastructure clients.
  9. Underground Services include, but are not limited to, electrical services, gas services, sewer services, plumbing services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be at the Property.
  10. You, Your means the client and his, her or their agent ordering the Services from Us.
  11. We, Us and Our means Drain Vision Limited.

2. Services

  1. We agree to provide the Services on the terms and conditions of this Agreement.
  2. We will deliver or send You a copy of these terms and conditions and a Quote for the Services.
  3. If You Order any Services from Us after receipt of the terms and conditions and the Quote, You will be deemed to have accepted these terms and conditions and You acknowledge and agree to be immediately bound, jointly and/or severally, by the terms of the Agreement.
  4. If We have specified a Completion Date to You, whether verbally or in writing, We undertake to use reasonable endeavours to provide the Services within the time specified by Us, but the dates We give for performance will be indicative only. No date specified by You will be binding on Us without Our written agreement.
  5. These terms and conditions may only be amended with Our written consent and the terms shall prevail to the extent of any inconsistencies with any other document or agreement between Us and You.
  6. Our invoice for the Services will be issued following the Completion Date, or at the end of each calendar month for ongoing works, and is due for payment by the 20th of the month following the date of invoice.
  7. Where a scope of works changes materially from the original Quote, We reserve the right to issue a variation. All variations must be agreed in writing by both parties before additional works commence. We will not be obligated to carry out varied or additional works without written agreement on price and scope.

3. Payment Policy

3.1 In consideration for Us providing You with the Services, You agree:

  1. To pay the sum recorded on the invoice(s) for the Services in full by the 20th of the month following the date of invoice, unless alternative payment terms are specified in writing on the invoice or Quote. Late payments will incur penalty interest of 12% per annum plus all costs associated with debt collection including solicitor fees and court costs, which will be added to the value of the invoice.
  2. That if additional services are required, You must obtain a written quote from Us for the additional work. You will be sent a separate invoice for the additional work based on the Quote received from Us.
  3. We reserve the right to suspend Services where any invoice remains unpaid beyond the due date. We will not be liable for any loss or delay arising from such suspension.

3.2 Any Materials used, supplied or installed by Us in relation to the Services remain Our property until Our invoice(s) are paid in full in accordance with clause 3.1 above.

4. PPSA

  1. You grant Us a security interest in the Materials to secure payment of all amounts due from You to Us from time to time and the performance of Your obligations under this Agreement.
  2. Until full payment of Our invoice(s) under the Agreement, You shall not grant any other security interest in respect of the Materials.
  3. You agree that You will have no rights under (or by reference to) sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 132, 133 and 134 of the PPSA. You waive Your right under the PPSA to receive a copy of any verification statement or financing change statement (section 148 of the PPSA).

5. Access

5.1 You shall ensure that We have unrestricted access to the Property at all times while We carry out the Services.

5.2 If access to the Property is denied or restricted on the scheduled date of Services through no fault of Our own, We reserve the right to charge standby or abortive time at Our current hourly rate, and/or reschedule the Services at Our discretion.

6. Underground Services

6.1 Prior to Us carrying out the Services, You must advise Us of the precise location of all Underground Services at the Property and clearly mark the same.

6.2 We will take reasonable care to avoid damage to known Underground Services. However, We accept no liability for damage to Underground Services that have not been identified and marked by You prior to commencement of the Services.

7. Risk and Insurance

7.1 Risk in any Materials used, supplied or installed by Us passes to You following the Completion Date. You must fully insure the Materials and hold the benefit of any claim on trust for Us, from the Completion Date until title in the Materials passes from Us to You.

7.2 We maintain public liability insurance in respect of Our Services. Details of Our insurance coverage are available on request.

8. Limitation of Liability & Indemnity

  1. You may have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these terms and conditions and are not affected by anything in this clause.
  2. We do not accept liability or responsibility for any loss, damage or liability arising directly or indirectly from the Services provided, including but not limited to damage to the Property, unless the damages are due to Our negligence.
  3. We accept no liability for damage to pipes, infrastructure or property that is attributable to pre-existing deterioration, structural defects, blockages, root intrusion, poor condition, or any other pre-existing defect. Where We identify a risk prior to commencing Services, We will notify You in writing. Where You instruct Us to proceed notwithstanding such notification, You accept full liability for any resulting damage.
  4. We do not accept liability or responsibility for any loss, damage or liability arising directly or indirectly from breach of Your obligations under these terms and conditions.
  5. Subject to any statutory provisions, if We become liable to You for any reason for any loss, damage, harm or injury in any way connected with the Services provided, You agree Our liability shall be limited to a sum not exceeding the fee for the Services recorded in Our Quote. We will not be liable to You for any consequential loss or injury of whatever nature suffered by You or any other person and You indemnify Us in respect of any claims concerning any such loss.

9. Consumer Guarantees Act 1993

9.1 You acknowledge that the Consumer Guarantees Act 1993 shall not apply if You are acquiring the Services for the purposes of a trade or business.

10. Disputes

  1. Should any dispute arise in relation to the Services provided, it must be submitted in writing to Us immediately.
  2. In the event of a claim or dispute regarding any damage to the Property from the Services, You will allow Us to investigate the claim prior to any repairs being carried out. You agree that if You do not allow Us to investigate the claim before any repairs are carried out, You waive Your rights to continue with and/or make any future claim against Us.
  3. In the event of any dispute, You agree not to disturb, repair, or attempt to repair anything that may constitute evidence relating to the dispute, except in the case of an emergency. Photographs must be taken to verify any evidence. If You do disturb, repair, or attempt to repair anything that may constitute evidence relating to the dispute, other than in an emergency, You waive Your rights to continue with and/or make any future claim against Us.
  4. Any complaints will be subject to Our internal complaints process. If a dispute cannot be resolved through Our internal process, both parties agree to attempt resolution through mediation before commencing legal proceedings.

11. Notices

11.1 Every notice given under this Agreement will be sufficiently given if posted or successfully transmitted by email to the intended recipient at his, her, their or its last known address or email address. Notices to Drain Vision Limited may be sent to info@drainvision.co.nz. You will notify Us in writing of any change to Your contact details.

12. Personal Information

12.1 If You are an individual, You have rights under the Privacy Act 2020 (or its successor legislation) to access personal information We hold and to request the correction of such personal information.

13. Force Majeure

13.1 No failure or omission by Us to carry out or observe any of the terms of this Agreement will give rise to any claim against Us or be deemed a breach of this Agreement, if such failure or omission arises from any cause reasonably beyond Our control, including but not limited to adverse weather, acts of God, supply chain disruption, or government action.

14. Cancellation Policy

  1. We may cancel the Agreement to provide Services at any time before the Services are due to be provided by giving written notice to You. We shall not be liable for any loss or damages from such cancellation.
  2. For domestic Services, You may cancel by giving Us not less than 48 hours notice prior to the scheduled date of the Services. For commercial or infrastructure Services, You must give Us not less than 5 business days written notice prior to the scheduled date of the Services.
  3. If You do not give Us sufficient notice as required under clause 14(b) above, a late cancellation fee equal to the full costs of the Services (including any mobilisation costs incurred) will be payable by You to Us. You will be sent an invoice for the late cancellation fee.
  4. All costs associated with late cancellations including debt collection costs will be added to the value of the invoice for the late cancellation fee.

15. Governing Law

15.1 This Agreement is governed by the laws of New Zealand. Any dispute that cannot be resolved by mediation shall be subject to the exclusive jurisdiction of the New Zealand courts.