Customer Warranties - Roofbuddy

Last updated 13 Aug 2024

Defined Terms and Interpretation
1. In these terms:
  Accepted Claim has the meaning given to that term in clause 6.1.
  Additional Works means any additional works that will be required to complete the works at the Eligible Customer's property, which works and/or costs of which works have not been set out or otherwise contemplated under that Eligible Customer's Roofing Contract with a Defaulted Roofer.
  
  Assignment Time means the date of the Accepted Claim.
  Assignor has the meaning given to that term in clause 8.1.
  Business Day means any day excluding Saturdays, Sundays, and statutory holidays in Auckland, New Zealand.
  Claim has the meaning given to that term in clause 5.1.
  Completion of Works has the meaning given to that term in clause 3.1(b).
  Default means the failure by a Contracted Roofer to commence or complete the works under its Roofing Contract with a Customer for any reason.
  Defaulted Roofer means a Contracted Roofer who has Defaulted under the terms of its Roofing Contract with a Customer.
  Dispute means a dispute between a Customer and Contracted Roofer in connection with a Default.
  Eligible Customer has the meaning given to that term in clause 4.
  New Roofer means any Roofer, not being a Defaulted Roofer.
  New Roofing Contract has the meaning given to that term in clause 3.1(a).
  Price Difference means the difference between the price an Eligible Customer is liable to pay under a New Roofing Contract entered into with a New Roofer, but excluding any fees, expenses, or other costs relating to Additional Works from such price, and the price that Eligible Customer agreed to pay under its Roofing Contract with the Defaulted Roofer.
  Terms of Use means Roofbuddy's Terms of Use at
  roofbuddy.co.nz/terms
  
  (as amended from time to time).
  Warranted Amount means $50,000, including GST, being the tax chargeable in accordance with the Goods and Services Act 1985.
  Warranties means the representations and warranties set out in clause 3.
  Warranty Period means 12 months after the date of the Accepted Claim.
2. In these terms all capitalised terms have the meanings given to those terms in the Terms of Use, unless otherwise defined in clause 1.1 or in these terms.
3. In the event of any ambiguity or conflict arising between these terms, the Terms of Use, and the applicable Pricing Agreement, these terms will prevail over the Terms of Use and the applicable Pricing Agreement.
Application
1. Roofbuddy gives the Warranties for the benefit of each Eligible Customer in relation to any Dispute to which that Eligible Customer is a party.
2. Any Claim made by a Customer under the Warranties is subject to strict compliance with these terms.
3. Not all Disputes are covered by the Warranties. For the avoidance of any doubt, the following types of Disputes are expressly excluded from being covered by the Warranties:
  1. Damage or loss caused by third parties;
  2. Damage or loss not related to the Default and/or any Roofing Contract;
  3. Consequential economic loss;
  4. Additional Works;
  5. Any services that were not set out or otherwise contemplated in a Roofing Contract entered into by an Eligible Customer with a Defaulted Roofer;
  6. Any Dispute that is warranted by a Defaulted Roofer under the applicable Roofing Contract and/or Terms of Use; and
  7. Any Dispute that is excluded from being warranted by the Terms of Use.
Warranties
1. With respect to any Accepted Claim relating to a Default after the relevant Roofing works have commenced under the relevant Roofing Contract:
  1. Roofbuddy will exercise its reasonable endeavours and for a reasonable period of time not exceeding the Warranty Period, to facilitate an agreement between the relevant Eligible Customer and a New Roofer to complete the required works (New Roofing Contract).
  2. Roofbuddy will, subject to clause 3.3, reimburse that Eligible Customer with the Price Difference within a reasonable period of time after completion by a New Roofer of all works pursuant to the New Roofing Contract entered into by that Eligible Customer (Completion of Works).
2. With respect to any Accepted Claim relating to a Default before Roofing works have commenced under the relevant Roofing Contract, Roofbuddy will, at Roofbuddy's absolute sole discretion and election, and in full and final settlement of Roofbuddy's obligations to the relevant Eligible Customer in relation to the relevant Default, either:
  1. Subject to clause 3.3, reimburse the relevant Eligible Customer with the amount of any deposit actually paid by that Eligible Customer under the Roofing Contract, and which has not been refunded; or
  2. 1. Exercise its reasonable endeavours, for a reasonable period of time not exceeding the Warranty Period, to facilitate a New Roofing Contract between that Eligible Customer and New Roofer; and
    2. If a New Roofing Contract is entered into between that Eligible Customer and New Roofer, and subject to clause 3.3, reimburse that Eligible Customer with the Price Difference, within a reasonable period of time after Completion of Works by the New Roofer pursuant to the New Roofing Contract.
3. Roofbuddy will not be required to reimburse an Eligible Customer with any amount that exceeds the Warranted Amount pursuant to clauses 3.1 or 3.2. For the avoidance of any doubt, the liability of Roofbuddy to any Eligible Customer under the Warranties in relation to that Eligible Customer's Dispute will be limited to an amount of the Warranted Amount.
4. These Warranties are given subject to strict compliance by the Eligible Customer with its obligations set out in these terms and the Terms of Use. Roofbuddy reserves the right to refuse any Claim under these terms and/or seek refund of any moneys paid by Roofbuddy to that Eligible Customer should Roofbuddy determine that that Eligible Customer has not complied with its obligations under these terms and/or the Terms of Use.
Eligible Customer
To be an eligible customer (Eligible Customer) , you must:
1. be a Customer;
2. have accepted the Terms of Use and these terms;
3. be a party to a Roofing Contract in relation to a private, residential home that is owned by you and is not a commercial property, body corporate or an apartment building, pursuant to which there is a Default by the Contracted Roofer (being the Defaulted Roofer);
4. not be in default of your obligations under the Terms of Use and/or the relevant Roofing Contract, including any payment obligations;
5. have tried to resolve your Dispute directly with the Defaulted Roofer as required by the Terms of Use;
6. have notified Roofbuddy about your Dispute and given Roofbuddy 40 days to resolve that Dispute, as required by the Terms of Use;
7. not have made any final payment to the Defaulted Roofer until such time as Roofbuddy's Quality Assurance assessment has completed and a clearance report has been received (if applicable);
8. not have deviated, by making any pre-payments or unscheduled payments to the Defaulted Roofer, from the payment terms specified in the relevant Roofing Contract;
9. have made a Claim under the Warranties; and
10. at the time of or prior to making the Claim under the Warranties:
  1. have not, by your act or omission, caused the Default or caused the Defaulted Roofer to commit the Default; or
  2. have approved or consented to any matter, thing, circumstance or information that caused the Default.
Making a Claim
1. In order for an Eligible Customer to make a valid claim under the Warranties (Claim), you must contact Roofbuddy at hello@roofbuddy.co.nz within 12 months of becoming aware of the facts or circumstances giving rise to the Dispute with a Defaulted Roofer and provide Roofbuddy with the following information:
  1. reasonable details of the Dispute claimed;
  2. reasonable particulars regarding your status as an Eligible Customer and acceptance of these terms;
  3. a copy of the duly executed Roofing Contract with the Defaulted Roofer; and
  4. evidence as to any payments made by an Eligible Customer to the Defaulted Roofer (if applicable).
2. When making the Claim, the Customer warrants and represents to Roofbuddy that:
  1. all the information provided to Roofbuddy is materially true, accurate and complete, and not intentionally false, misleading or deceptive;
  2. it has the power and authority to enter these terms and to perform its obligations under these terms, and has taken all necessary actions to authorise its performance of these terms;
  3. it has the legal right, authority and full power to make the Claim; and
  4. these terms constitute legal, valid and binding obligations that are enforceable against the Customer.
Acceptance of Claim by Roofbuddy
1. Within 30 Business Days after receiving a Claim from any Customer, Roofbuddy will accept a Claim from that Eligible Customer by notice in writing to that Eligible Customer (Accepted Claim), unless:
  1. Roofbuddy requests additional information from that Eligible Customer in connection with its Claim;
  2. Roofbuddy determines that the Claim is not valid;
  3. the relevant Dispute is excluded by the Warranties under these terms; or
  4. the Customer is not an Eligible Customer.
2. In relation to each Accepted Claim, Roofbuddy will give the applicable Eligible Customer a written notice within a reasonable period of time of Roofbuddy's proposed actions and payments (if any) in relation to the applicable Warranties for that Accepted Claim. If Roofbuddy considers Additional Works, which are excluded by the Warranties, might be required at that Eligible Customer's property to complete any relevant works, Roofbuddy and the applicable Eligible Customer will mutually discuss such Additional Works and the fees, expenses and other costs that the Eligible Customer will be liable in relation to those Additional Works.
Eligible Customer's Obligations
1. Any Eligible Customer must respond to Roofbuddy's reasonable requests for information so that Roofbuddy can assess the validity of any Claim under the Warranties and for any other purpose, including, without limitation, any matter in relation to the Dispute, the Default, Roofing Contract, Defaulted Roofer, any payments to be made under the Warranties, and the Additional Works.
2. Any Eligible Customer must have legal grounds to terminate its Roofing Contract with the Defaulted Roofer, and upon Roofbuddy's written request to do so (if any), that Eligible Customer will terminate its Roofing Contract.
3. With effect from the Assignment Time, and upon Roofbuddy's written request to do so (if any), any payments that are required to be made by an Eligible Customer to the Defaulted Roofer under the terms of its Roofing Contract will be made to Roofbuddy's nominated bank account.
4. Each Eligible Customer agrees that any amount recovered by that Eligible Customer from a third party in relation to the Dispute (including, without limitation, the Defaulted Roofer or under any insurance policy) will reduce the amount that Roofbuddy will be required to reimburse that Eligible Customer under the Warranties (Relevant Reimbursement Amount), and the Eligible Customer will use its best endeavours to promptly refund to Roofbuddy's nominated bank account all amounts paid by Roofbuddy to that Eligible Customer that exceed the Relevant Reimbursement Amount (if any).
5. Nothing in these terms affects an Eligible Customer's duty to mitigate damages after a breach of its Roofing Contract by the applicable Defaulted Roofer.
6. Each Eligible Customer acknowledges and agrees that Additional Works are excluded by the Warranties, and upon discussion with Roofbuddy (if any) about the requirement to complete any Additional Works at that Eligible Customer's property, that Eligible Customer will be liable for all fees, expenses and other costs in relation to such Additional Works.
7. In addition to and regardless of any other obligation under these terms, each Customer must:
  1. to the extent practical, co-operate with Roofbuddy in relation to the Warranties and the terms of these terms; and
  2. pursue best practice and, as soon as practicable, consult with Roofbuddy on any matter arising which may materially affect its eligibility for the Warranties as an Eligible Customer under these terms, and the performance of its obligations under these terms.
Assignment of Rights
1. In consideration of Roofbuddy giving the Warranties, each Eligible Customer (Assignor) agrees to assign exclusively to Roofbuddy or Roofbuddy's nominee absolutely all of that Eligible Customer's rights, title and interests in its Roofing Contract with the Defaulted Roofer with effect from the Assignment Time, and to execute any document presented by Roofbuddy giving effect to such assignment.
2. Except as otherwise agreed in writing with Roofbuddy, the Assignor makes the following covenants to Roofbuddy (and its successors and assigns):
  1. the Roofing Contract with the Defaulted Roofer is valid and subsisting and enforceable in accordance with its terms and sets out all of the Assignor's rights in relation to the Dispute;
  2. the Assignor's rights under the Roofing Contract with the Defaulted Roofer do not infringe the rights of any third party and it is not aware of any disputes regarding such rights;
  3. the Assignor has disclosed to Roofbuddy all knowledge, plans or other information in its possession or control relating to the Dispute;
  4. the Assignor will deliver to Roofbuddy on request copies of all documents connected with or evidencing its rights under the Roofing Contract with the Defaulted Roofer;
  5. the Assignor has full power to assign the Assignor's rights, title and interests under the Roofing Contract with the Defaulted Roofer to Roofbuddy;
  6. the assignment contemplated by these terms will be taken by Roofbuddy (and their successors and assigns) free and clear of any mortgages, pledges, liens, charges or other encumbrances or claims or interests of any other person;
  7. the Assignor will indemnify and keep indemnified Roofbuddy from and against any liability incurred by the Assignor as a result of any action, demand, claim or proceeding against the Assignor by Defaulted Roofer under or in respect of the Roofing Contract with the Defaulted Roofer relating to any act or omission of the Assignor on or before the Assignment Time; and
  8. the Assignor shall do all acts and things, including the execution of all such documents, as may be reasonably required by Roofbuddy to give effect to the assignment contemplated by these terms.
General
1. These terms are in addition to Roofbuddy's Terms of Use.
2. Each User consents that any information provided by that User to Roofbuddy will be collected, used and disclosed by Roofbuddy in accordance with Roofbuddy's privacy policy on the Site.
3. Roofbuddy reserves the right to amend these terms at any time by providing a Site announcement or other notice. Any User who continues to use the Site and/or the Platform after any such announcement will be deemed to have agreed to such amendments.
4. Roofbuddy reserves the right to refuse any Claim under these terms should Roofbuddy determine that you are not a bona fide claimant, have provided us with false or misleading information, or that you otherwise do not meet the criteria set out in these terms.
5. Roofbuddy will not be liable for any failure to fulfil its obligations under these terms to the extent that such non-fulfilment results from circumstances beyond its reasonable control.
6. Roofbuddy is not be liable for any loss, damage or injury of any nature however caused or sustained by any person in connection with any act or omission of Roofbuddy under these terms.
7. Each User may not assign, subcontract or hold on trust for any third party any of its rights under these terms without the prior written consent of Roofbuddy. Any change of control of the User will be deemed to be an assignment for the purposes of this clause.
8. Each User shall execute all documents, and do all acts and things reasonably required to implement and to carry out its obligations under these terms.
9. Each User shall always keep confidential and secure, and not directly or indirectly make or allow to be made any disclosure or use of any information directly or indirectly obtained from any other party or developed or held in connection with the Dispute, except to the extent:
  1. required by law;
  2. authorised in writing by the party that provided the information;
  3. necessary to obtain the benefit of, or to carry out obligations under, these terms; or
  4. that the information is or becomes public without breach by a party of its confidentiality obligations under this clause or at law.
10. Each User shall not make, directly or indirectly, any oral or written statements which might reasonably be construed as disparaging about Roofbuddy or any of Roofbuddy's officers, shareholders, employees, contractors or other associated parties.
11. These terms are governed by New Zealand laws. Each party agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these terms.

Customer Warranties - Roofbuddy

Defined Terms and Interpretation

Application

Warranties

Eligible Customer

Making a Claim

Acceptance of Claim by Roofbuddy

Eligible Customer's Obligations

Assignment of Rights

General