TERMS & CONDITIONS AND WARRANTY AGREEMENT

GENERAL:

1. The designation "the Customer" pertains to the individual, business, company, or entity intending to acquire goods or services from BGATES LTD. The Customer acknowledges that these terms will govern the relationship between the Customer and BGATES LTD, superseding any other terms, including conditions, warranties, or representations, whether written or oral, expressed or implied. This applies even if such terms are present in any documents provided by the client, asserting the client's terms to be prevailing.

QUOTATION:

1. Quotations are based on the information provided by the Customer and/or information obtained on a site visit by BGATES LTD staff. Any changes to the specifications or additional items may result in a revised quotation.

2. Upon accepting the quote, the Customer acknowledges that the timeframe for completion is approximately 6-8 weeks. BGATES LTD is dedicated to adhering to this schedule; however, unforeseen circumstances may arise, leading to potential extensions. BGATES LTD staff is committed to maintaining open communication throughout this period, ensuring the Customer is informed about the progress of their job.

ACCEPTING OUR QUOTATION:

1. All of our Customers are required to read the current Terms and Conditions and Warranty Agreement for BGATES LTD before accepting their quote. The Terms and Conditions and Warranty Agreement is also available in PDF format by request from the Customer.

2. Acceptance of our quotation is required in writing via email or by directly accepting the quote in Xero.

3. Once the Customer accepts their quotation this means that the Customer agrees to the current Terms and Conditions and Warranty Agreement for BGATES LTD.

4. BGATES LTD reserves the right to withdraw or amend the quotation at any time before acceptance.

5. Upon acceptance of the quotation, the Customer agrees to pay the deposit when requested by BGATES LTD.

CONCRETE
FOOTING:

If your quotation includes concrete footing, the Customer agrees to adhere to the recommended advice BGATES LTD provides in order to maintain the integrity of the concrete in preparation for the installation of the Customer’s gate/s.

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1. All moving vehicles are unable to drive over the concrete footing for a minimum of 2 weeks.  In some instances, we are able to provide a temporary solution to drive over the concrete within 1 week of pouring the concrete (however this is situation dependent).

2. The Customer commits to refraining from altering the set concrete in any manner, as such actions could disrupt the concrete, potentially necessitating a costly process of repouring and redoing, with the financial responsibility falling on the Customer.

3. BGATES LTD shall exercise reasonable care and skill in performing concrete footings but cannot otherwise accept responsibility should damage occur to the Customer’s property, site, footpaths, etc.

PLEASE NOTE: All our concrete footings have reo-bar enforced.

PRICE:

1. Should any additions or alterations be requested by the Customer to the specified work between the quotation date and the project's completion, the corresponding price to be paid will be adjusted accordingly.

2. In cases where BGATES LTD provides an estimate or quotation for goods and services that includes measurement estimates, the Client is accountable for confirming the precision of BGATES LTD's estimated measurements before accepting the quotation.

3. BGATES LTD reserves the right to adjust the price in the event of changes to the specifications, delivery requirements, or any other factors beyond our control.

FABRICATION AND SUPPLY ONLY:

1. If the Customer requests BGATES LTD to solely fabricate and supply gate(s) and/or automation, with the intention of self-installation, it is crucial to note that once the goods are handed over to the client, BGATES LTD bears no responsibility for any damages or issues arising from incorrect installation. The client assumes full responsibility for the proper installation and usage of the supplied goods upon receipt.

INSTALLATION OF GATE(S), ACCESSORIES AND/OR AUTOMATION:

1. BGATES LTD will commence installation on the agreed-upon date, subject to weather conditions and site readiness.

2. Delay in an installation date shall not entitle the Customer to cancel the contract or render BGATES LTD liable for damages for such delay.

3. The Customer must ensure that the installation site is accessible and free of any obstructions e.g. vehicles, young children, animals such as dogs.

4. BGATES LTD will always endeavour to leave the property in an appropriate state, free from debris or any objects.

5. BGATES LTD shall exercise reasonable care and skill in performing installation services but cannot otherwise accept responsibility should damage occur to the Customer’s property, site, footpaths, etc.

AUTOMATION & SAFETY INFORMATION:

1. BGATES LTD’s preferred and trusted automation is Centurion products. All Centurion products come with a manufacturer warranty.  It is the Customer’s responsibility to ensure they have read the manufacturer’s warranty thoroughly upon receipt of the user manual and comply with any rules or regulations provided in the documentation.

2. The Customer commits to exercising caution in adverse weather conditions and conducting additional maintenance checks following severe weather events, particularly instances of strong winds or earthquake tremors.

3. The Customer recognises the significance of supervising children and pets in the vicinity of the gate. It is advisable to contemplate additional safety precautions, such as implementing childproof locks.

4. The Customer acknowledges the importance of following the recommendations of;

   • Only operate the gate when it is visible to prevent collisions with individuals, animals, vehicles, and any obstacles obstructing its path;

   • Do not modify your automatic gate system;

   • Do not tailgate another vehicle through the gate opening;

   • Never stop in the path of an automatic gate.

5. If the Customer has a G-speak or GSM installed by BGATES LTD it is the Client’s responsibility to ensure they top up the SIM card annually. Otherwise, the network will cancel the card and therefore shutdown your access.

6. BGATES LTD will ensure the Customer is made aware of the location and proper use of the manual release mechanism in case of power failure or emergency situations.

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SAFETY FEATURES:

• All of our gate automation has safety beams installed. The beams are positioned in the opening and closing zones of the gates, with the purpose of identifying any obstacles in the gate's trajectory. Upon detection of an object in the gate's path, the gate will promptly cease its movement. This functionality serves to safeguard against the gate inadvertently closing on vehicles, individuals, or animals that may be present in its path.

• All of our gate automation has a battery backup safety feature. Automated gates depend on electricity for their functioning, yet instances of power outages may arise. Such situations can pose a risk, particularly if the gate is in the midst of opening or closing. To mitigate this, a safety feature known as battery backup is implemented. This feature ensures that the gate remains operational even in the absence of electricity. The battery backup activates promptly when power is lost, enabling the gate to continue its operation seamlessly.

• Another safety feature on all automated gate motors is an emergency release. During a power outage, the gate can be manually opened using an emergency release button, usually situated in close proximity to the gate's operator. Activation of this button disengages the motor, facilitating the manual opening of the gate.

CARE & MAINTENANCE:

As part of the BGATES LTD Warranty Agreement, the Customer agrees to perform periodic inspections and maintenance tasks on their gate(s) and/or automation as follows;
 

1. Regularly inspect your gate and/or automation and accessories for any signs of damage or looseness, such as cracks, bent components, or misaligned parts.

2. Regularly lubricate all moving parts of your gate, such as hinges and latches. Be sure to use a high-quality lubricant.

3. If the Customer has automation installed on their gate/s, we highly recommend you regularly check all electronic parts associated with the gate as insects can be a huge problem in Canterbury and can obstruct safety beams, destroy keypads and intercoms.

4. Schedule a regular service of your gate by a professional gate installer (see service requirements below).

​The Customer acknowledges their responsibility for regular maintenance checks by a qualified technician to ensure the proper functioning of the gate system and for safety reasons. And agrees that any issues must be addressed promptly.

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PLEASE NOTE: All of our gates are powder coated to ensure longevity of the steel. If you own a dog or cat, be aware that if the animal urinates excessively on the gate it can react with the powder coating product.

SERVICE REQUIREMENTS:

1. GATES FOR DOMESTIC/RESIDENTIAL USE: We recommend servicing every 12 months. To maintain BGATES LTD Warranty you will need to have your gate(s) serviced within the first 12 months.

2. GATES FOR COMMERCIAL USE: We recommend servicing every 6-12 months. High usage you must service every 3-6 months.

If any moving part or tracks require adjustment and the product was installed by a BGATES LTD, contact our office immediately.

PAYMENT:

1. For call out and repair jobs there is no deposit required. An invoice will be sent through upon completion of the job and payment is required within the normal 14-day timeframe.

2. A deposit of 50% is required upon acceptance of quotations over NZD $1000.

3. All monies are to be paid into the nominated BGATES LTD account via internet banking.

4. Upon completion of services, the Customer will be invoiced the full amount or balance of. Payment is required within 14 days following the date of invoice.

5. If the Customer is unable to make payment within the 14-day timeframe, the Customer agrees to inform BGATES LTD. BGATES LTD will endeavor to do their best to provide a payment plan to suit both parties.

6. In the event of the Customer not adhering to a payment plan and the debt is more than 60 days overdue. The Customer acknowledges and agrees that BGATES LTD reserves the right to refer the matter on to our debt collection agent who will charge a fee based on the unpaid amount of the bill and other collection costs not covered by the fee. The Customer agrees to pay BGATES LTD’S costs associated from the debt collection, any legal fees and any other expenses incurred from the enforcement of this agreement and recovery of any of the monies payable.

7. Failure to meet the stated payment will void your Warranty Agreement.

TROUBLESHOOTING:

Identifying the root cause of an issue is not always a simple task, as our focus is on addressing the actual problem rather than just its symptoms. Troubleshooting, particularly in cases of intermittent problems, can be time-consuming and may require multiple visits to pinpoint and recognise the genuine cause.

REPAIRS OR SERVICING ON EXISTING GATE/S:
(not manufactured or installed by BGATES LTD)

1. BGATES LTD is not responsible for any defects or unreliable installs by other contractors. We will endeavour to do our best to find a solution and/or fix the problem.

2. The Customer is not covered by a BGATES LTD warranty if the product has been installed by another contractor.

BGATES LTD WARRANTY:

1. BGATES LTD provides a 2-year warranty specifically on the fabrication and installation of gates made by BGATES LTD. Warranty date is valid from the date of invoice.

2. The warranty covers defects in materials and workmanship, excluding normal wear and tear.

3. Any repairs or modifications performed by parties other than BGATES LTD will void the warranty.

4. The warranty does not cover damage caused by misuse, accidents, or acts of nature.

CLIENT PRIVACY & CONFIDENTIALITY:

1. BGATES LTD collects and stores personal contact information of Customers for the purpose of providing goods and services.

2. Client records and personal data are securely stored, both physically and electronically, with restricted access to authorised personnel only.

3. Personal information will not be disclosed to third parties without the Customer’s consent, except as required by law.

4. Customers have the right to access and correct their personal information held by BGATES LTD.

​PHOTOGRAPHY:

1. BGATES LTD reserves the right to photograph the product following installation unless otherwise agreed.

2. BGATES LTD agrees not to use any images in a manner that discloses the Customer’s specific location, including street names or any personal details, without the explicit consent of the Customer.

3. The Customer understands and agrees that BGATES LTD may use the images for promotional purposes, including but not limited to, portfolio, website, and social media, while adhering to the confidentiality of location information.

4. BGATES LTD will make every effort to ensure that any letterbox numbers or other identifying features are either obscured or not prominently displayed in the final images.

5. BGATES LTD retains all copyright and intellectual property rights to the images.

HEALTH & SAFETY:

1. Staff at BGATES LTD are not certified electricians and will not be completing any electrical work. Any work performed by BGATES LTD staff does not require staff to hold an electrical license.

2. BGATES LTD has the right to abandon a property or premises if the site is unsafe and places our staff at any risk e.g. threatening behaviour from any person/s, dangerous obstructions, person/s under the influence of drugs alcohol.

3. BGATES LTD prioritises the safety and well-being of our staff, Customer’s, and all individuals present on our work sites. BGATES LTD adheres to stringent health and safety measures to ensure a secure and incident-free experience.

4. Before commencing any work, our staff conduct a thorough assessment of the site to identify potential hazards and risks. This assessment includes an evaluation of the surrounding environment, existing structures, and any other factors that may impact safety.

5. BGATES LTD staff are required to wear appropriate PPE, including hard hats, high-visibility vests, safety glasses, gloves, and steel-toed boots. Visitors to our work sites are also provided with and required to wear suitable PPE as necessary.

6. Our staff undergo regular health and safety training to stay informed about the latest industry standards and best practices.

7. All tools and equipment used on site are regularly inspected and maintained to meet safety standards. Staff are trained in the proper use of tools and machinery, and safety guidelines are strictly enforced.

RISK AND TITLE:

1. The risk in goods supplied by BGATES LTD to the Customer shall pass when goods are delivered and/or installed to the Customer. Ownership of the goods shall be retained by BGATES LTD until the Client pays in full for the goods and/or services and for all other goods supplied by BGATES LTD.

2. If the Customer fails to pay for any debt that they may have incurred and the Customer has been given sufficient time and opportunity to pay the debt, then BGATES LTD shall have the right to enter upon the Customer’s property and recover the goods.

3. The Customer will be liable for all recovery costs on unpaid debts as per our clause under PAYMENT in our Terms and Conditions & Agreement Warranty.

CONSUMER GUARANTEES ACT 1993:

1. Nothing in these terms and conditions is intended to limit or exclude the Customer's rights under the Consumer Guarantees Act 1993.

2. If the customer is acquiring goods or services for business purposes, the provisions of the Consumer Guarantees Act 1993 will not apply.

LIABILITY DISCLAIMER:

1. The Customer understands and accepts that BGATES LTD is not liable for any injuries, damages, or accidents resulting from misuse, neglect, or failure to follow safety guidelines outlined in the user manual and this disclaimer.

2. BGATES LTD's liability is limited to the repair or replacement of defective goods or services.

DISPUTE RESOLUTION:

1. Any disputes or differences between the parties will undergo mediation, initially seeking consensus on a single mediator. In the event that an agreement on the mediator cannot be reached, the appointment will be made by the current President of the Mediators and Arbitrators Institute of New Zealand.