Terms and Conditions
Introduction 1.1. Council has developed a Financial Assistance Programme as a means of helping more homes to be warmer, drier and resource efficient for water storage and power. 1.2. The Property Owner(s)/Ratepayer(s) intend to have sustainable home solutions installed and the Ratepayer has applied to Council to have Council contract with an Approved Service Provider to provide part of that solution. 1.3. The funding application includes a quote for a particular Solution to be installed, and Council will contract the Approved Service Provider(s) to install a part of that Sustainable Homes Solution. The Council Contracted Price for this will match the funding requested. Council will recover this Council Contracted Price by means of a targeted rate on the Ratepayer’s Property (as outlined in clause 2 of this agreement). 1.4. The Ratepayer must separately engage and contract with the Approved Service Provider for any balance outstanding of the Heat Smart Solution. 1.5. By signing this application, the Ratepayer is authorising Council to contract the Approved Service Provider to provide Council Funded Installation Services to the Property to the value of the Council Contracted Price. When Council has approved this Agreement, there will be a binding contract between the Ratepayer and Council on the terms and conditions outlined in this document. Ratepayer Agreement 2.1. The Ratepayer understands and accepts that the Ratepayer’s Property will be assessed with a Targeted Rate for the recovery of the cost of services / product to deliver the sustainable homes solution, to the value of the funding agreed with HBRC by the ratepayer, who acknowledges and agrees to the repayment of the funding being subject to GST at the standard rate. 2.2. The Ratepayer must complete a Direct Debit Authority form provided by Council which will facilitate the payment of the Targeted Rate assessed on the Property. This completed form shall be received by Council before it authorises the provision of the Council Funded Installation Service. The Ratepayer undertakes not to revoke the Payment Authority without the Council’s consent. 2.3 If the Ratepayer sells the Property during the period after this agreement has been entered into and while the Targeted Rate is still being assessed against the Property, the Ratepayer must advise the prospective purchaser about the Targeted Rate and terms and conditions pertaining to this agreement before selling the Property. The Ratepayer must also promptly advise Council of the sale of the Property. If the property is sold with the VTR in place the balance must be settled at the point of sale. 2.4 In accordance with Council’s policy for rates payments in anticipation of rates for subsequent financial years, the Ratepayer may pay all or part of the Targeted Rate for any financial year before it becomes due for payment. 2.5 If the Ratepayer fails to pay the rates invoice for the Property by the due date, the provisions of the Local Government (Rating) Act 2002 apply, and the Ratepayer will incur penalties in the usual way in accordance with Council’s policy. In the event of three consequetive instalments being missed the full balance of the loan is payable immediately, with any future repayment arrangement being at the disgression of HBRC. 2.6 Subject to any amendments marked by the Council on the Application, Council accepts the Ratepayer’s Application. Once Council approves this agreement, it will instruct the Approved Service Provider to provide the Council Funded Installation Service at the Property. The agreement approved by Council is conditional on the Service Provider’s acceptance of Council’s engagement in respect of the delivery of the Council Funded Installation Service to the Property. 2.7 Council will instruct the Approved Service Provider to liaise directly with the Ratepayer in relation to the practical details of providing the Council Funded Service. 2.8 Once the Approved Service Provider has installed the Sustainable Homes solution, they will invoice Council for the Council Funded Installation Service and seek payment from the Ratepayer for any additional amounts.
Liability for defective work. - The Ratepayer agrees that: Council has no liability to the Ratepayer whatsoever, whether in contract, tort, breach of statutory duty or otherwise, arising out of or in connection with the provision of the Council Funded Installation Services to the Property, and the Ratepayer is not entitled to any compensation from Council in respect of defects or damage to, or arising as a consequence of the provision of Council Funded Installation Services to, the Property, unless that liability or entitlement to compensation arises under the Consumer Guarantees Act 1993 or is any other liability or entitlement which Council is not permitted by law to contract out of. However, this clause is not intended to affect any liability the Approved Service Provider may have to the Ratepayer in contract, tort or otherwise, and is not intended to be able to be relied on by the Approved Service Provider as limiting the Approved Service Provider's liability in any way. The Ratepayer acknowledges that this agreement does not limit or restrict any of the rights, powers, remedies and immunities from liability which Council now or in the future possesses, or is entitled to by virtue of any statute or at common law.
Payment of the Approved Service Provider Council will, as part of its contract with the Approved Service Provider, agree to pay the Approved Service Provider the Council Contracted Price for providing the Council Funded Service. The Ratepayer agrees to pay any contracted amounts owing to the Approved Service Provider in relation to the installation of the Heat Smart Solution at the Property which are in addition to the Council Contracted Price. Information issues In accordance with the Privacy Act 1993, the Ratepayer is entitled to have access to their personal information held by Council in connection with this agreement and to request correction of that information.
Summary of the HBRC financial assistance In return for the council paying for the services, the ratepayer agrees to the imposing of a targeted rate on the property over ten years. The targeted rate is calculated to recover the GST exclusive cost of the services to council, plus an amount reflecting the funding rate. The target rate is subject to GST.