Last Updated: 01/09/26

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1. About Sports Care Pro Ltd

These Terms & Conditions apply to services provided by Sports Care Pro Limited (“Sports Care Pro”, “we”, “us” or “our”) to a client (“Client”, “you” or “your”).

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Sports Care Pro Limited provides safety inspections, maintenance, repairs, playground services, equipment services, custom projects and related services for sports, fitness, recreation and community facilities.

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Our services may be provided under a quotation, service agreement, Care Package, work order, written instruction or other agreed arrangement.

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By accepting a quotation, engaging our services, signing a service agreement, approving work or instructing us to proceed, you agree to these Terms & Conditions unless different terms have been agreed with you in writing.

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2. Definitions

For the purposes of these Terms:

“Services” means the services described in a quotation, service agreement, Care Package, work order or other agreed scope of work.

“Client” means the person, company, organisation, school, council, club, facility or other entity engaging Sports Care Pro.

“Quotation” means a written offer from Sports Care Pro setting out the proposed scope, price and relevant conditions for Services.

“Assessment” means an initial site visit, inspection, measurement, consultation or other assessment undertaken to understand a proposed project or service requirement.

“Care Package” means an ongoing service arrangement providing agreed inspections, maintenance, repairs or support over a specified period.

“Subcontractor” or “External Contractor” means an independent contractor, trade professional, specialist, technician, supplier, installer or other external person or business engaged by Sports Care Pro to assist with or complete part of the Services.

“Client-Appointed Contractor” means a contractor, supplier, consultant, specialist or other third party engaged directly by the Client.

 

3. Enquiries and Initial Information

Information provided by the Client during an enquiry should be accurate and complete to the best of the Client's knowledge.

Sports Care Pro may rely on information, photographs, measurements, equipment details, site information and other information supplied by the Client when preparing an assessment or quotation.

 

Where information is incomplete, inaccurate or changes after a quotation has been prepared, Sports Care Pro may need to reassess the proposed Services and may recommend a variation or revised quotation.

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4. Assessments, Site Visits and Quotations

Not all assessments or site visits are provided free of charge.

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Depending on the size, location, complexity and nature of the proposed work, Sports Care Pro may:

• provide a quotation based on information supplied;

• request photographs, measurements or additional information;

• conduct a no-charge initial assessment where appropriate;

• require a paid assessment or site visit; or

• recommend specialist assessment or technical advice before a quotation can be prepared.

 

Where an assessment fee applies, Sports Care Pro will advise the Client of the fee before the assessment is booked.

 

The assessment fee may take into account:

• facility or project size;

• location and travel requirements;

• number and type of assets or equipment;

• complexity of the proposed work;

• time required;

• measurements or site investigation;

• specialist requirements;

• preparation and reporting requirements; and

• other reasonable costs associated with the assessment.

 

An assessment fee covers the assessment services described at the time of booking. Unless specifically agreed otherwise, it does not include repairs, maintenance, installation, formal safety inspection, engineering certification, specialist testing or other additional Services. An assessment does not guarantee that Sports Care Pro will subsequently undertake the work or that a quotation will be provided.

 

Unless specifically agreed in writing, an assessment fee is not automatically deducted from subsequent work.

 

5. Quotations

Unless otherwise stated, quotations are valid for 30 days from the date of issue.

 

Prices, product availability, supplier pricing, freight costs and lead times may change after the quotation validity period. A quotation may include assumptions, exclusions, estimated timeframes, travel costs, materials, equipment, access requirements and other conditions.

 

Where a quotation is based on information supplied by the Client or a preliminary assessment, the quotation may be subject to confirmation of site conditions, measurements, equipment compatibility, access or other relevant factors.

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Once a quotation has been accepted, Sports Care Pro will generally complete the agreed work for the quoted price unless:

• the Client requests additional or different work;

• the agreed scope changes;

• a variation is otherwise agreed;

• an allowance or provisional amount was specifically identified in the quotation; or

• circumstances arise that are expressly identified in the quotation as being outside the quoted scope.

 

Any material variation will be communicated to the Client for approval before the additional chargeable work proceeds, unless otherwise authorised under the quotation or required to address an immediate safety issue or prevent damage to property.

 

6. Acceptance of Quotations

A quotation may be accepted by:

• written confirmation;

• signed acceptance;

• email approval;

• purchase order;

• payment or deposit;

• instruction to commence work; or

• another method agreed between Sports Care Pro and the Client.

 

Acceptance confirms the Client's agreement to the quoted scope, pricing and applicable Terms & Conditions.

 

7. Scope of Services and Use of Contractors

Sports Care Pro will provide the Services described in the applicable quotation, service agreement, Care Package or other agreed scope.

Sports Care Pro may engage employees, subcontractors, specialist contractors, tradespeople, suppliers, installers, technicians, consultants or other suitably qualified persons to assist with or complete the Services.

 

This may include where:

• specialist skills, qualifications, licences or equipment are required;

• the work falls outside Sports Care Pro's usual in-house capabilities;

• additional labour or personnel are required to complete the work safely or efficiently;

• the size, complexity or timeframe of a project requires additional workers;

• specialist installation, fabrication, engineering, electrical, flooring, structural or other trade services are required;

• a manufacturer, supplier or specialist is best placed to complete a particular component of the work; or

• additional resources are reasonably required to complete the agreed scope.

 

Where additional personnel or contractors are required simply to complete the existing agreed scope, Sports Care Pro may engage those personnel without obtaining separate Client approval, provided that doing so does not materially change the agreed scope or price.

 

Where the use of an external contractor involves additional work, additional costs or a material change to the agreed scope, Sports Care Pro will advise the Client and obtain approval before proceeding, unless the Client has already authorised such work or the quotation expressly allows for it.

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Sports Care Pro will take reasonable steps to select contractors and subcontractors who are appropriately qualified, experienced and suitable for the work they are engaged to perform. Where appropriate, Sports Care Pro may require contractors or subcontractors to provide relevant qualifications, licences, insurance, competency information or health and safety documentation.

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Sports Care Pro will coordinate its Services with contractors, subcontractors and other parties where reasonably required. The use of subcontractors does not remove or transfer any legal duties that Sports Care Pro has under applicable law. Where specialist work is performed by an external contractor, that contractor may remain responsible for the technical performance of its own specialist scope, subject to applicable law and the terms of its engagement.

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8. Safety Inspections

Sports Care Pro provides safety inspections based on the scope, equipment and areas identified in the relevant quotation or service agreement.

Inspections may include visual, operational and functional assessment of relevant equipment, structures, fixings, connections, protective components, surrounding areas and other accessible safety-related elements.

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The exact scope of an inspection will depend on the type of facility, equipment, inspection requested and applicable standards.

Where applicable, Sports Care Pro may undertake inspections in accordance with relevant New Zealand standards and recognised inspection methodologies.

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Unless specifically stated otherwise, a safety inspection is an assessment of the equipment and conditions reasonably observable and assessable at the time of inspection.

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An inspection does not guarantee future safety, performance, compliance or serviceability.

 

9. Inspection Reports and Recommendations

Where a written report is included in the Services, Sports Care Pro may identify:

• equipment inspected;

• condition and functionality;

• defects or damage;

• safety concerns;

• maintenance requirements;

• recommended repairs;

• replacement requirements;

• upgrade opportunities; and

• other relevant observations.

 

Photographs may be included where appropriate. Recommendations are based on observations made during the inspection and information reasonably available to Sports Care Pro at the time.

 

The Client remains responsible for deciding whether and when to implement recommended repairs, maintenance, replacement or other corrective action unless Sports Care Pro has separately been engaged to undertake that work.

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10. Care Packages

Care Packages provide ongoing Services over an agreed term. The specific Services included in a Care Package will be set out in the applicable Care Package quotation or service agreement.

 

Care Packages may include:

• safety inspections;

• condition reporting;

• preventative maintenance;

• minor repairs;

• equipment adjustments;

• lubrication;

• scheduled service visits;

• diagnostics;

• follow-up visits;

• priority scheduling; and

• other agreed Services.

 

Work outside the agreed Care Package scope may be quoted separately. Sports Care Pro reserves the right to determine whether a repair or maintenance item falls within the agreed scope of a Care Package.

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11. Care Package Term and Renewal

Care Package terms, renewal arrangements, cancellation requirements and fee adjustments will be set out in the applicable Care Package agreement.

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Where a Care Package automatically renews, the Client will be provided with the applicable notice requirements for cancellation and any proposed fee adjustment in accordance with the relevant agreement. Any Services completed before termination remain payable.

 

12. Playground Services

Playground Services may include:

• safety inspections;

• maintenance;

• minor repairs;

• component replacement;

• safety improvements;

• equipment upgrades;

• netting and protective systems;

• safety surface-related work; and

• other agreed playground services.

 

The specific scope will be set out in the applicable quotation or service agreement. Sports Care Pro does not warrant that an inspection or repair will prevent future equipment failure, deterioration, damage or safety issues.

 

13. Custom Projects

Custom Projects may include:

• custom netting;

• divider curtains;

• equipment modifications;

• equipment upgrades;

• floor restoration;

• specialist installations;

• equipment supply and installation;

• fabrication;

• facility improvements; and

• other specialist solutions.

 

Custom Projects may require external contractors, specialist trades, manufacturers, suppliers or other third parties.

Where specialist services are required, Sports Care Pro may coordinate those services as part of the project.

The scope, exclusions, assumptions, price and responsibilities for each Custom Project will be set out in the applicable quotation.

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14. Variations

A variation is a change to the agreed scope, specifications, materials, Services, timeframe or other agreed requirements.

 

A variation may be required where:

• the Client requests additional or different work;

• site conditions differ materially from those reasonably apparent when the quotation was prepared;

• additional work is required to achieve the Client's requested outcome;

• previously unknown defects or conditions are discovered;

• additional materials, equipment or access requirements become necessary;

• specialist services are required that were not included in the original scope;

• additional labour or subcontractors are required due to a change in scope;

• equipment or components are found to be incompatible or unsuitable; or

• a change is required to comply with applicable requirements or to address a safety concern.

 

Where the scope of work requires specialist services, additional labour, equipment, access equipment, subcontractors or other resources that were not reasonably apparent when the original quotation was prepared, Sports Care Pro may propose a variation covering the additional requirements and associated costs.

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Sports Care Pro will, where reasonably practicable, provide the Client with details of the proposed variation and obtain approval before chargeable additional work proceeds.

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No material variation will proceed without Client approval unless:

• the Client has already authorised the relevant work;

• the quotation expressly allows for the relevant work or cost; or

• immediate action is reasonably required to address a safety risk or prevent damage to property.

 

Variations may be approved in writing by email or another agreed electronic method.

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15. Equipment Supply and Installation

Where Sports Care Pro supplies equipment, components or products, the relevant quotation will specify the products, quantities, pricing and installation requirements where applicable. Product availability and lead times are subject to supplier availability.

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Sports Care Pro may use manufacturers, distributors, suppliers or specialist installers to supply or install equipment.

Unless otherwise stated, manufacturer warranties apply to supplied products where available.

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Installation does not include modification of existing structures, electrical work, engineering certification, structural work or other specialist work unless expressly included in the quotation.

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16. Client Responsibilities

The Client is responsible for:

• providing reasonable access to the site;

• providing access to equipment and relevant areas;

• ensuring equipment is available for inspection or service;

• providing accurate information;

• notifying Sports Care Pro of known hazards, defects or relevant site conditions;

• providing relevant maintenance records where available;

• obtaining required site or facility approvals;

• ensuring required services, utilities and access are available;

• keeping users and unauthorised persons away from work areas where required; and

• following reasonable safety instructions provided by Sports Care Pro.

 

Delays, additional costs or return visits resulting from lack of access, unavailable equipment, inaccurate information, unsafe site conditions or other Client-related circumstances may be chargeable where reasonably incurred.

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17. Health and Safety

Both Sports Care Pro and the Client must comply with their respective obligations under the Health and Safety at Work Act 2015 and other applicable health and safety requirements.

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Where Sports Care Pro works alongside other contractors, subcontractors, suppliers, facility operators or other PCBUs, the parties will, so far as reasonably practicable, consult, cooperate and coordinate their activities and manage overlapping health and safety duties.

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The Client must provide Sports Care Pro with relevant information about known site hazards, restricted areas, site rules, emergency procedures and other health and safety requirements that may affect the Services. Sports Care Pro may stop, postpone or refuse work where it reasonably considers that the site or proposed work presents an unacceptable health and safety risk. Where reasonably practicable, Sports Care Pro will take appropriate steps to ensure its workers and contractors are suitably competent for the work being undertaken.

No provision of these Terms is intended to exclude, transfer or contract out of any health and safety duty that cannot legally be excluded or transferred.

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18. Subcontractors and Specialist Contractors

Sports Care Pro may engage suitably qualified or experienced subcontractors, tradespeople or specialist contractors where required to deliver the Services. This may include specialist services outside Sports Care Pro's direct scope of expertise or additional personnel required to complete a project safely and efficiently.

 

Sports Care Pro will take reasonable steps to select suitable contractors and, where appropriate, verify relevant qualifications, competency, insurance and health and safety requirements. Where Sports Care Pro engages a subcontractor as part of delivering the Services, Sports Care Pro will coordinate the subcontracted work within the agreed scope. Where specialist work is performed by an external contractor, that contractor remains responsible for the specialist services it provides within its own scope, subject to applicable law and the terms of its engagement.

 

Where the Client directly engages a contractor or supplier, Sports Care Pro is not responsible for that party's work, delays, omissions or failures, except to the extent caused by Sports Care Pro's own acts or omissions.

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19. Fees and Payment

Fees will be set out in the applicable quotation, invoice, service agreement or Care Package agreement.

 

Unless otherwise agreed in writing, payment or an agreed deposit may be required before work is scheduled, materials are ordered or a project commences. Where alternative payment terms have been agreed in writing, those terms will apply. Invoices must be paid by the due date stated on the invoice.

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The Client is responsible for any reasonable costs incurred by Sports Care Pro in recovering overdue amounts, to the extent permitted by law.

Sports Care Pro may suspend Services where invoices remain overdue.

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20. Travel and Expenses

Unless otherwise included in the quotation, Sports Care Pro may charge reasonable travel, accommodation, freight, access equipment or other project-related expenses. Any material additional costs that were not reasonably foreseeable when the quotation was prepared will be discussed with the Client before being incurred where reasonably practicable.

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21. Cancellation and Rescheduling

Cancellation and rescheduling are subject to the applicable quotation, service agreement and Sports Care Pro Service & Cancellation Policy.

Where a Client cancels or reschedules work at short notice, Sports Care Pro may charge reasonable costs actually incurred as a result, including:

• labour;

• subcontractor costs;

• travel;

• accommodation;

• freight;

• materials;

• non-refundable supplier charges; and

• other reasonable non-recoverable costs.

 

Care Package cancellations are subject to the applicable Care Package agreement.

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22. Workmanship and Warranties

Sports Care Pro will perform Services with reasonable care and skill.

 

Where a specific warranty is provided, the warranty period and conditions will be stated in the quotation or service agreement.

Manufacturer warranties apply to supplied products where applicable.

 

Warranties may not apply to defects or failures resulting from:

• misuse;

• abuse;

• unauthorised modification;

• incorrect operation;

• failure to follow maintenance instructions;

• normal wear and tear;

• damage caused after completion;

• third-party work;

• environmental conditions; or

• matters outside Sports Care Pro's reasonable control.

 

Nothing in these Terms excludes rights that cannot legally be excluded.

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23. Inspection and Service Limitations

Inspections and assessments are based on conditions reasonably observable at the time of service. Sports Care Pro cannot guarantee that all defects, hazards, faults or future failures will be identified. Certain defects may be concealed, inaccessible, intermittent, internal or otherwise not reasonably identifiable during an inspection.

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Sports Care Pro does not guarantee future equipment performance, safety, condition or compliance following an inspection or service visit.

The Client remains responsible for ongoing operation, monitoring, maintenance and safe use of its facilities and equipment unless Sports Care Pro has expressly accepted responsibility for a specific ongoing service.

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24. Limitation of Liability

To the maximum extent permitted by law, Sports Care Pro will not be liable for indirect, consequential or economic loss arising from the Services.

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Without limiting the above, Sports Care Pro is not responsible for:

• defects that were not reasonably identifiable;

• equipment failure occurring after an inspection or service;

• damage caused by misuse or unauthorised modification;

• failure by the Client to implement recommendations;

• work performed by Client-appointed contractors;

• delays caused by suppliers, manufacturers or third parties;

• events outside Sports Care Pro's reasonable control; or

• normal wear and deterioration.

 

To the maximum extent permitted by law, Sports Care Pro's total liability arising from the relevant Services will not exceed the fees paid by the Client to Sports Care Pro for those Services during the 12 months preceding the event giving rise to the claim. This limitation does not apply to any liability that cannot legally be limited or excluded.

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25. Consumer Guarantees Act 1993

Where the Consumer Guarantees Act 1993 applies, nothing in these Terms is intended to exclude or limit the Client's rights under that Act.

Where the Client acquires Services for business purposes and the parties are legally entitled to contract out of the Consumer Guarantees Act 1993, the parties may agree to do so in writing.

 

26. Fair Trading Act 1986

Nothing in these Terms is intended to exclude or limit any provision of the Fair Trading Act 1986 that cannot legally be excluded or limited.

Where the parties are legally entitled to contract out of any provision, any such agreement must be made in accordance with applicable law.

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27. Force Majeure

Sports Care Pro will not be liable for delay or failure to perform Services where that delay or failure is caused by circumstances outside its reasonable control.

 

This may include:

• extreme weather;

• natural disasters;

• fire;

• flood;

• serious illness or injury;

• transport disruption;

• supplier failure;

• equipment or product shortages;

• industrial action;

• government restrictions; or

• other circumstances beyond Sports Care Pro's reasonable control.

 

Sports Care Pro will take reasonable steps to minimise the impact and reschedule Services where practicable.

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28. Confidentiality

Both parties will keep confidential commercially sensitive or confidential information obtained through the performance of the Services.

This does not prevent disclosure where:

• required by law;

• required to obtain professional advice;

• required by insurers, suppliers or subcontractors for the purposes of performing the Services; or

• the information is already publicly available.

 

29. Photographs and Project Information

Sports Care Pro may take photographs or videos during inspections, repairs, installations and projects for the purposes of:

• inspection and reporting;

• documenting completed work;

• internal records;

• quoting and project management;

• demonstrating completed work; and

• marketing or website content where appropriate.

 

Sports Care Pro will take reasonable steps to avoid publishing identifiable personal information without appropriate permission.

Where the Client does not want project photographs used for marketing purposes, the Client may notify Sports Care Pro in writing.

 

30. Intellectual Property

Unless otherwise agreed, Sports Care Pro retains ownership of its:

• reports;

• templates;

• inspection systems;

• photographs;

• drawings;

• designs;

• processes;

• documents; and

• other intellectual property created by Sports Care Pro.

 

The Client may use reports and project documentation provided to it for the purposes for which they were supplied.

The Client must not reproduce or commercially distribute Sports Care Pro's intellectual property without written permission.

 

31. Privacy

Sports Care Pro collects and uses personal and business information in accordance with its Privacy Policy.

The Privacy Policy forms part of these Terms.

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32. Complaints and Dispute Resolution

If the Client has a concern regarding Services, the Client should contact Sports Care Pro as soon as reasonably practicable.

Sports Care Pro will make reasonable efforts to investigate and resolve the issue.

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Where appropriate, the parties should first attempt to resolve a dispute through direct discussion before commencing formal proceedings.

Nothing in this clause prevents either party from taking action where necessary to protect its legal rights.

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33. Changes to These Terms

Sports Care Pro may update these Terms from time to time.

The Terms applying to a particular quotation, service agreement or project will generally be those accepted by the Client at the time the Services are engaged, unless the parties agree otherwise.

34. Governing Law

These Terms are governed by the laws of New Zealand.

The parties submit to the jurisdiction of the New Zealand courts.

35. Contact

Sports Care Pro Limited
NZBN: 9429052707742
Email: admin@sportscarepro.co.nz
Phone: 021 0869 2935
Website: www.sportscareproltd.co.nz