Terms & Conditions

Kimika Holdings Ltd trading as Hanover Linemarking Services

(“Hanover”, “we”, “us”, “our”)

1. APPLICATION OF TERMS

1.1 These Terms and Conditions (“Terms”) apply to all quotes, proposals, work orders, and

services provided by Hanover to the customer (“you”, “the Client”).

1.2 By accepting a quote, instructing us to proceed, or permitting us to begin work, you agree to be

bound by these Terms.

1.3 If there is any conflict between these Terms and any terms you provide, these Terms take

precedence unless expressly agreed otherwise in writing by Hanover.

2. QUOTES & PRICING

2.1 All pricing is based on the scope, drawings, specifications, and instructions provided by you at

the time of quoting.

2.2 Any change to the scope, site conditions, or instructions may result in a variation to the quoted

price.

2.3 All quotes are valid until the date shown on the quote document.

2.4 Pricing is based on the principle of Measure and Value, unless stated as a Lump Sum.

3. VARIATIONS

3.1 A variation may be initiated by either party.

3.2 Variations may include, but are not limited to:

(a) changes in quantities, layout, or design;

(b) changes in site conditions;

(c) additional site visits;

(d) delays caused by others; or

(e) incorrect or incomplete information provided by you.

3.3 Variations will be charged at our standard rates unless agreed otherwise.

4. EXCLUSIONS

Unless specifically included in our quote or written agreement, the following are excluded:

4.1 Traffic Control and Traffic Management (including Level 1 and Level 2).

4.2 Retentions or Liquidated Damages of any kind.

4.3 Long-life markings (e.g., thermoplastic, MMA) unless stated otherwise.

4.4 Removal of existing markings unless specifically included.

4.5 Additional Establishment costs caused by delays or access issues not caused by Hanover.

4.6 Any warranty or guarantee on markings applied on any concrete surfaces. Hanover does not

warrant the permanence, adhesion, or durability of markings applied to concrete under any

circumstances.

5. CUSTOMER OBLIGATIONS

5.1 You must provide accurate instructions, drawings, and information.

5.2 You must ensure Hanover has clear, safe access to the site.

5.3 You must comply with all requirements of local authorities, traffic management regulations, and

any site-specific safety rules.

6. SITE CONDITIONS & ACCESS

6.1 You must ensure the work area is clean, unobstructed, and free from debris, hazards, vehicles,

equipment, or any obstruction that would impede the performance of our work.

6.2 Any delays, additional site visits, or remedial works resulting from unprepared or obstructed

surfaces may be charged as a variation.

6.3 If we arrive on site and it is not ready for the work to commence, we may charge:

(a) stand-down time at our standard hourly rates;

(b) additional Establishment or Re-establishment fees; or

(c) a call-out fee, at our discretion.

6.4 You are responsible for ensuring that surfaces to be marked are in suitable condition. We may

refuse to apply markings if we deem the surface unsuitable or unsafe.

7. PERFORMANCE OF WORK

7.1 Work will be carried out using NZTA-approved M7 paint unless otherwise specified.

7.2 Blackout markings may be temporary and may require re-application. Re-application may incur

additional costs.

7.3 Weather, temperature, and moisture may impact application and drying times. Hanover accepts

no liability for delays or effects caused by environmental conditions.

8. WARRANTIES

8.1 Hanover provides workmanship warranties only where surfaces are asphalt or chip seal and

only in accordance with typical industry standards.

8.2 No warranty of any kind is provided for any markings applied to concrete surfaces.

8.3 No warranty is provided where markings are driven over, interfered with, or exposed to traffic or

water before curing is complete.

9. PAYMENT TERMS

9.1 All invoices are due on the 20th of the month following the date of invoice, unless specified

otherwise in the quote or contract.

9.2 If the Construction Contracts Act 2002 applies, payments must be made in accordance with the

Act.

9.3 Failure to pay any invoice by the due date will result in:

(a) late payment penalties charged at 2.5% per month (or part month) on the overdue amount;

(b) full recovery of all debt collection costs, including legal fees on a solicitor-and-client basis;

(c) suspension of work until full payment is made.

9.4 You must not withhold payment for minor defects. Only the value of work genuinely disputed

may be withheld.

10. LIABILITY

10.1 Hanover is not liable for:

(a) damage caused by traffic, weather, third parties, or events beyond our control;

(b) markings failing on unsuitable substrates, including all concrete surfaces;

(c) any loss resulting from delays, site inaccessibility, or inaccurate instructions.

10.2 Our maximum liability shall not exceed the value of the contract.

11. TERMINATION

11.1 We may suspend or terminate work if:

(a) you fail to provide access;

(b) conditions are unsafe;

(c) invoices remain unpaid.

11.2 You must pay for all work completed up to the date of termination.

12. GOVERNING LAW

12.1 These Terms are governed by the laws of New Zealand.

12.2 Any disputes will be resolved in accordance with the Construction Contracts Act 2002 or

through the New Zealand courts.