Revision 1.0, effective 27 September 2026. These are the commercial terms on which 243SITE Construction Services Limited (NZBN 9429053937261) supplies construction cleaning, site support and HANDOVER READY services. They apply to business-to-business work in New Zealand and are separate from the website terms that govern use of this site. Project-specific contracts or head-contractor terms may override these terms where expressly agreed in writing.
1. Parties and application
These Business Terms of Service (Terms) apply to services supplied by 243SITE Construction Services Limited (243SITE, we, us, our) to the person or entity identified in a quotation, proposal, work order, purchase order or other engagement document (Client, you).
A quotation, proposal, accepted work order, purchase order accepted by 243SITE, project-specific scope and these Terms together form the agreement (Agreement). If there is an inconsistency, a project-specific document expressly agreed by 243SITE in writing prevails to the extent of the inconsistency.
2. Services and scope
243SITE provides construction cleaning, site support, HANDOVER READY and related project support services as described in the agreed scope. We will perform only the work expressly included in the Agreement.
- The scope may define areas, tasks, project stage, frequency, required standard, programme, exclusions and access assumptions.
- Anything not expressly included is excluded unless added as a variation.
- Specialist access, hazardous-material work, demolition, bulk waste removal, trade work, certification, commissioning and regulatory approvals are excluded unless expressly agreed and lawfully within 243SITE’s capability.
- The Client must promptly disclose known site conditions, hazards, access restrictions, programme constraints and surface/product requirements relevant to our work.
3. Quotations and acceptance
Unless stated otherwise, a quotation is valid for 30 days and may be withdrawn before acceptance. Acceptance occurs when the Client signs or electronically accepts the quotation, issues an accepted purchase order, instructs 243SITE to commence, or otherwise confirms acceptance in writing.
Estimates are indicative only where the final scope, quantities, condition or programme cannot reasonably be confirmed before work begins. Any stated allowance or provisional sum will be adjusted to actual agreed requirements.
4. Pricing, GST and project costs
Prices are exclusive of GST unless expressly stated otherwise. The Client must pay GST and any agreed disbursements, disposal charges, parking, tolls, specialist equipment, access equipment, consumables or third-party costs identified in the Agreement.
Where services are charged by time, time is recorded for the personnel and resources deployed in accordance with the agreed charging basis. Where services are fixed-price, the price assumes the scope, access, sequencing, condition and programme described at quotation stage remain materially unchanged.
5. Variations and additional work
A variation includes any change to the agreed scope, quantity, condition, sequence, timing, access, standard, frequency or project requirement that causes additional work or cost. Examples include trade re-entry after cleaning, additional defects, unexpected residue, inaccessible areas becoming available later, acceleration, out-of-hours work, repeat cleaning, additional waste, or a changed handover sequence.
Where practicable, 243SITE will obtain approval before carrying out a variation. If immediate work is reasonably necessary to protect the programme, safety or completed work and the Client’s authorised representative instructs us to proceed, the variation may be recorded and priced after the instruction. Variations are charged at the agreed rate or, if no rate is agreed, at a reasonable price.
6. Programme, mobilisation and delays
243SITE will use reasonable efforts to meet agreed dates but construction programmes can change. Dates are subject to site access, preceding work, availability of agreed areas, other trades, weather where relevant, utilities, inductions and matters outside our reasonable control.
If work is delayed, disrupted, cancelled or rescheduled after resources have been committed, 243SITE may charge reasonable standby, remobilisation, cancellation or additional labour costs where those costs were reasonably incurred and were not caused by 243SITE.
7. Site readiness and Client responsibilities
The Client will:
- Provide safe and lawful access to the work areas at agreed times.
- Ensure relevant areas are sufficiently complete and available for the agreed cleaning/support stage.
- Coordinate other trades and advise 243SITE of planned re-entry or works likely to contaminate completed areas.
- Provide site rules, emergency arrangements, inductions and relevant hazard information.
- Provide reasonable access to water, electricity, welfare and waste facilities where agreed or ordinarily available on the project.
- Identify delicate, specialist or manufacturer-controlled finishes and provide applicable care instructions before work begins.
- Nominate an authorised representative who can clarify scope, approve variations and accept completed stages.
8. Re-cleans, defects and trade re-entry
Cleaning completed to the agreed standard may be affected by later construction activity. Cleaning required because of subsequent trade work, defect rectification, commissioning, dust migration, weather ingress, client use or other post-clean activity is additional work unless an agreed re-clean allowance is included.
Where HANDOVER READY includes planned post-defect re-cleans or touch-ups, only the agreed areas, frequency and allowance are included.
9. Cleaning methods, surfaces and pre-existing conditions
243SITE will select methods reasonably appropriate to the surface and agreed task. Construction sites may contain unfinished, damaged, stained, defective, porous, unsealed or sensitive surfaces. We are not responsible for pre-existing damage, latent defects, manufacturing defects, staining or deterioration not caused by our failure to exercise reasonable care.
Where a surface requires specialist manufacturer instructions, test cleaning or a method outside normal construction cleaning, 243SITE may pause that task until instructions are provided or a variation is agreed.
10. Waste and hazardous materials
Unless expressly included, 243SITE’s light waste/debris support is limited to ordinary non-hazardous construction debris handled to the site’s designated disposal point or bin. Bulk demolition waste, regulated waste, asbestos or suspected asbestos, contaminated materials, sharps, biological hazards, hazardous chemicals and other specialist waste are excluded.
If suspected hazardous or unidentified material is encountered, 243SITE may stop affected work, isolate or avoid the area where reasonably practicable, and notify the Client/site representative. Specialist assessment or removal remains the responsibility of the appropriate competent party unless separately agreed.
11. Health and safety
Each party must comply with applicable health and safety law and its own duties. The parties will, so far as reasonably practicable, consult, cooperate and coordinate where duties overlap. Nothing in the Agreement transfers or contracts out of a duty imposed by law.
243SITE may stop or refuse work where it reasonably considers conditions unsafe, required controls are absent, workers are not competent for the task, or the work falls outside the agreed capability. Any programme impact will be discussed with the Client as soon as practicable. See our Health & Safety Policy.
12. Completion, inspection and rectification
243SITE will check work against the agreed scope and standard. The Client should notify 243SITE promptly of any alleged omission or service issue and, where reasonably possible, allow 243SITE an opportunity to inspect and rectify work within its agreed scope before engaging others to redo it.
Completion of cleaning does not mean the construction project, defects, commissioning, certification or regulatory requirements are complete. 243SITE owns its agreed part of the work only.
13. Invoicing and payment
Invoices will be issued at the milestones or frequency stated in the Agreement. If no payment period is stated, payment is due 7 calendar days from invoice date. The Client must pay undisputed amounts in full without set-off or deduction except where required by law.
If the Client disputes an invoice, it must notify 243SITE promptly in writing, identify the amount disputed and provide reasons. The undisputed portion remains payable by the due date.
Where the Construction Contracts Act 2002 applies, nothing in these Terms is intended to remove or restrict rights or obligations that cannot lawfully be contracted out of. A payment claim or payment schedule must be dealt with in accordance with that Act where applicable.
14. Overdue amounts and suspension
If an undisputed amount remains overdue, 243SITE may, after reasonable notice, suspend further work until payment arrangements are agreed. The Client is responsible for reasonable debt-recovery costs actually incurred to recover overdue amounts, to the extent permitted by law.
15. Cancellation and termination
Either party may terminate the Agreement for a material breach that is not remedied within a reasonable period after written notice, or immediately where the breach cannot reasonably be remedied, insolvency occurs, or continued work would be unlawful or unsafe.
On cancellation or termination, the Client must pay for work completed, approved variations, committed third-party costs and reasonable demobilisation/cancellation costs incurred up to termination.
16. Liability
To the maximum extent permitted by law, each party is responsible for loss or damage to the extent caused by its breach, negligence or unlawful act. 243SITE is not liable for indirect or consequential loss, loss of profit, loss of opportunity, delay damages or liquidated damages unless 243SITE has expressly accepted that liability in writing for the relevant project.
Subject to rights and liabilities that cannot lawfully be excluded or limited, 243SITE’s aggregate liability arising from an Agreement is limited to the amount paid or payable to 243SITE for the specific services giving rise to the claim. This limitation does not apply to liability that cannot lawfully be limited.
17. Insurance
243SITE will maintain insurance reasonably appropriate to its business and legal obligations. Any project-specific insurance requirement must be disclosed before quotation or expressly agreed as a variation if introduced later.
18. Consumer and fair trading laws
The parties intend these Terms primarily for transactions in trade. Where the statutory requirements for contracting out are satisfied, and only to the extent permitted by law, the parties agree that provisions of the Consumer Guarantees Act 1993 and Fair Trading Act 1986 that may lawfully be contracted out of will not apply to the business transaction. Nothing in these Terms excludes rights or obligations that cannot lawfully be excluded.
19. Confidentiality and project information
Each party must protect confidential commercial, pricing, security and project information received from the other and use it only for the project or another lawful agreed purpose, except where disclosure is required by law or to professional advisers, insurers or subcontractors who need the information and are subject to appropriate obligations.
20. Photography, case studies and marketing
243SITE will not publish identifiable project photographs, client names, logos or commercially sensitive project information as marketing material without appropriate permission. Where permission is granted, it may be withdrawn for future use by written notice, but this does not require recall of material already lawfully printed or published unless agreed.
21. Privacy
243SITE may collect and use business contact and project information to quote, deliver services, invoice, manage safety, communicate with the Client and meet legal obligations. Personal information will be handled in accordance with applicable New Zealand privacy law and our Privacy Policy.
22. Subcontractors
243SITE may use suitably competent employees or subcontractors to perform parts of the services. 243SITE remains responsible for managing its contracted scope, subject to the Agreement and applicable law.
23. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, except payment obligations for work already completed. The affected party must notify the other as soon as reasonably practicable and take reasonable steps to mitigate the effect.
24. Dispute resolution
The parties will first attempt to resolve a dispute through good-faith discussion between authorised representatives. If unresolved, either party may propose mediation before commencing court proceedings, except where urgent relief, debt recovery or a statutory adjudication process is appropriate. Nothing in this clause prevents either party using rights available under the Construction Contracts Act 2002 where applicable.
25. General
- New Zealand law governs the Agreement and New Zealand courts have non-exclusive jurisdiction.
- A waiver is effective only if given in writing and does not waive later breaches.
- If a provision is invalid or unenforceable, it is severed to the minimum extent necessary and the remainder continues.
- The Client may not assign the Agreement without 243SITE’s written consent, not to be unreasonably withheld.
- Electronic signatures and electronic acceptance may be used.
- Notices may be sent to the email addresses stated in the Agreement.
26. Contact
243SITE Construction Services Limited (NZBN 9429053937261)
Phone: +64 21 243 2431
Enquiries: office@243site.co.nz
PO Box 20254, Glen Eden, Auckland 0602, New Zealand