Workmanship Guarantee

Our Workmanship Guarantee

We offer a 5 year Guarantee on all our work. On the rear occasion that we get something wrong, if it is our fault we will fix the job, no hassles, no trying to push the blame.

We have full public liability insurance cover and our staff are security conscious and highly trained.
Terms and Conditions

  1. DEFINITIONS
    • “Dave Rowe Painter & Decorator” shall mean DAVKEL Ltd, or any agents or employees thereof.
    • “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing Services and services from Dave Rowe Painter & Decorator.
    • “Services” shall mean all services, goods, products and advice provided by Dave Rowe Painter & Decorator to the Customer and shall include without limitation all painting services and the provision of associated products and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Services by Dave Rowe Painter & Decorator to the Customer.
  2. ACCEPTANCE
    • Any instructions received by Dave Rowe Painter & Decorator from the Customer for the supply of Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
  3. COLLECTION AND USE OF INFORMATION
    • The Customer authorises Dave Rowe Painter & Decorator to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by Dave Rowe Painter & Decorator to any other party.
    • The Customer authorises Dave Rowe Painter & Decorator to disclose any information obtained to any person for the purposes set out in section 1.
    • Where the Customer is a natural person the authorities under sections 1 and 2 are authorities or consents for the purposes of the Privacy Act 1993.
  4. PRICE
    • Where no price is stated in writing or agreed to orally the Services shall be deemed to be sold at the current amount as such Services are sold by Dave Rowe Painter & Decorator at the time of the contract.
    • The price may be increased by the amount of any reasonable increase in the cost of supply of materials that is beyond the control of Dave Rowe Painter & Decorator between the date of the contract and delivery of the Services.
  5. PAYMENT
    • Payment for Services shall be made in full immediately.
    • Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
    • Any expenses, disbursements and legal costs incurred by Dave Rowe Painter & Decorator in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
    • Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
    • A deposit of 50% will be required on all jobs.
    • Progress payments will be required on larger projects
  6. QUOTATION
    • Where a quotation is given by Dave Rowe Painter & Decorator for Services:
    • Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
    • The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
    • Dave Rowe Painter & Decorator reserve the right to alter the quotation because of circumstances beyond its control.
    • Where Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Services.
  7. RETENTION OF TITLE
    • Where the Customer has not paid for any Products in its possession property in such Products shall remain with Dave Rowe Painter & Decorator and:
    • The Products shall be held by the Customer as bailee; and
    • Title in the Products shall remain with Dave Rowe Painter & Decorator until the client has made payment for the Products.
    • The Customer gives irrevocable authority to Dave Rowe Painter & Decorator to enter any premises occupied by the Customer, at any reasonable time, to remove any Products not paid for in full by the Customer. Dave Rowe Painter & Decorator shall not be liable for costs, damages or expenses or any other losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever.
  8. DISPUTES
    • No claim relating to Services will be considered unless made within fourteen (14) days of delivery.
  9. LIABILITY
    • The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Dave Rowe Painter & Decorator which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Dave Rowe Painter & Decorator, Dave Rowe Painter & Decorator’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
  10. WARRANTY
    • Manufacturer’s warranty applies where applicable.
    • Any written warranty that Dave Rowe Painter & Decorator provide to the Customer will also form part of these terms and conditions of trade.
    • This warranty does not cover:

      • Paint failure at horizontal surfaces or any surface that permits moisture to collect because of their specific design (i.e. railings, porches, wooden gutters, decks, stairs, roofs, etc.)

      • Work for which Contractor did not supply the paint or other materials

      • Any work not performed by the Contractor

      • Surfaces made of, or containing, galvanized metal, or varnished surfaces

      • Bleeding caused by rust, cedar, or knots

      • The cost of paint required to perform the repairs

      • Exact paint match, since environmental conditions will affect the colour and finish of all paints over time

      • Cracks that occur in drywall, plaster, or wood after completion of painting

      • Repairs which are needed due to results of a defect in the paint (despite paint being supplied by the Contractor or the customer)

      • Any peeling, chipping, or blistering caused by:

      • mill-glazing from smooth cedar

      • peeling of layers of paint existing prior to the work performed by the Contractor

      • moisture content of the substrate

      • abrasion, abrasive cleaning, mechanical damage, abuse, or damage that results from use of chemicals (or cleaning agents)

      • exposure to harmful solids, liquids or gases

      • ordinary wear and tear, or extraordinary wear and tear, resulting from improper use and care

      • defects or damages caused by fire, flood, acts of God, explosion, vandalism, extreme weather conditions, alterations, abuse, negligence, misuse, or any additional reason beyond the control of the Contractor

      • structural defects, including settling or movement

      • harm or neglect of the homeowner (including abnormal use or misuse of area)

      In order to be entitled to file a claim under this limited warranty, the customer must first:

      • Contact Dave Rowe Painter & Decorator to report claim

      • Make the property accessible to the Contractor to perform repairs

      • Maintain evidence of payment in full

      • Maintain a copy of the original contract

      • Pay the original full contract price

      Repairs under this warranty will only be performed on the areas where blistering, peeling, or chipping have occurred and only to the level deemed necessary to blend or interface with the undamaged finish as determined in the sole discretion of the owner of Dave Rowe Painter & Decorator.

      **This is the only warranty made by Dave Rowe Painter & Decorator and takes the place of all other expressed or implied warrantees.  This warranty only covers services that Dave Rowe Painter & Decorator has provided, and the warrantee is valid only for the original purchaser on the contract.  Dave Rowe Painter & Decorator will not be held liable in any event for consequential or incidental damages that exceed the original contract price.  This warranty may not be altered or extended for any purpose unless done so in writing and documented by all parties to the contract.

  11. CONSUMER GUARANTEES ACT
    • The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Services from Dave Rowe Painter & Decorator for the purposes of a business in terms of section 2 and 43 of that Act.
  12. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
    • If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Dave Rowe Painter & Decorator agreeing to supply Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Dave Rowe Painter & Decorators the payment of any and all monies now or hereafter owed by the Customer to Dave Rowe Painter & Decorator and indemnify Dave Rowe Painter & Decorator against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
  13. MISCELLANEOUS
    • Dave Rowe Painter & Decorator shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
    • Failure by Dave Rowe Painter & Decorator to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Dave Rowe Painter & Decorator has under this contract.
    • If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.