Terms & Conditions of Trade

These Terms & Conditions apply to all traffic management services provided by Traffic Management Matters Limited, trading as TM Matters, unless expressly agreed otherwise in writing.

Services include planning, TMP preparation, RSB/CAR submissions, site establishment, monitoring, auditing, equipment hire, advisory services and closeout documentation.

A contract is formed when the client accepts a quote verbally or in writing, instructs TM Matters to proceed, allows TM Matters to submit a TMP, RSB or CAR, allows TM Matters personnel or equipment on site, or otherwise proceeds by conduct after receiving the quote and these terms.

A purchase order is not required for these terms to apply. These terms prevail over client terms unless TM Matters expressly agrees otherwise in writing.

TM Matters will provide services in accordance with the accepted quote, the approved TMP, NZGTTM and applicable council or Road Controlling Authority conditions.

TM Matters responsibility is strictly limited to traffic management activities and does not extend to construction works, plant operation, vehicle movements outside the traffic management scope, or unsafe work practices arising from the client activities.

TM Matters relies on information provided by the client and other parties. The quality, accuracy and timeliness of information directly affects planning, approvals and delivery outcomes.

Where information is incomplete, late, inaccurate or materially changes, TM Matters may rely on reasonable assumptions, revise methodologies or timelines, and treat resulting additional cost or delay as a variation.

All traffic management is implemented in accordance with the approved TMP, NZGTTM and applicable RCA conditions.

TM Matters personnel, including the STMS, have authority to require compliance with the approved TMP, modify traffic management to maintain safety, and stop or suspend works where safety or compliance is compromised.

If site conditions change or the approved TMP cannot be implemented, TM Matters may suspend or modify services without liability.

Each party retains responsibility for its own duties under the Health and Safety at Work Act 2015.

The client remains responsible for its construction activities, plant, vehicles, operators and unsafe conditions outside TM Matters traffic management scope.

TM Matters will exercise reasonable care and professional skill in preparing TMPs and RSB/CAR documentation. Approvals are subject to third party review by councils or RCAs, and approval outcomes and timeframes are not guaranteed.

Delays or rejections caused by third party processes do not constitute a breach by TM Matters.

A variation may arise due to scope or programme changes, changed site conditions, additional council or RCA requirements, client delays or client instructions.

Variations may be charged at TM Matters standard rates. Urgent variations may be implemented immediately where safety or compliance requires.

All equipment supplied remains the property of TM Matters. The client is responsible for loss, theft or damage, unauthorised relocation or use, and repair or replacement costs, fair wear excepted.

Hire charges continue until equipment is returned and accepted by TM Matters.

Prices are exclusive of GST unless stated otherwise.

Unless agreed otherwise in writing, invoices are payable by the 20th of the month following the invoice date. Time is of the essence for payment.

If payment is not received by the due date, TM Matters may suspend services immediately, withhold documentation or approvals, and refuse further services.

Interest accrues on overdue amounts at 2% per month, calculated daily. The client is liable for all costs of recovery, including debt collection fees, legal costs on a solicitor client basis and enforcement expenses.

TM Matters may require payment in advance or security where credit risk is identified.

Where the client is a company, TM Matters may require directors or principals to provide a personal guarantee. Guarantees survive termination of services.

To the maximum extent permitted by law, TM Matters total liability is limited to the value of the services provided.

TM Matters is not liable for indirect or consequential loss, loss of profit, or delays caused by third parties.

All methodologies, documents, systems and intellectual property remain confidential. The client must not reproduce or distribute TM Matters materials without consent.

Either party may terminate for material breach not remedied within a reasonable time. Upon termination, all outstanding invoices become immediately payable, equipment must be returned and recovery rights remain enforceable.

The parties will attempt to resolve disputes in good faith. If unresolved, disputes may proceed to mediation or legal action.

These Terms & Conditions are governed by the laws of New Zealand.

These Terms & Conditions, together with the accepted quote and approved TMP, constitute the entire agreement.