- Application These terms are incorporated into the Contract between ABC ELECTRICAL CONTRACTING.CO.NZ. and the Customer (you)
- InterpretationIn these terms and conditions: “Business Day” means a day which is not a Saturday, Sunday or public holiday in Auckland NZ. “Cancellation Fee” means a fee of $90.00 plus GST “Contract” means the contract between ABC ELECTRICAL CONTRACTING Ltd and the Customer to sell or supply goods or services. “Customer” means a person or company who receives goods and/or services from ABC ELECTRICAL CONTRACTING LTD. “Deposit” means a sum payable as part payment for goods and/or services from ABC ELECTRICAL CONTRACTING LTD plus “Interest Rate” means 10% per annum. “Minimum Site Fee” means a fee of $105 plus GST “Order” means the goods and/or services which ABC ELECTRICAL CONTRACTING LTD has agreed to supply. “Quote” means a written statement of ABC ELECTRICAL CONTRACTING LTD estimated price for supplying goods and/or services.
- Attending PremisesABC ELECTRICAL may attend the Customer’s premises for the purposes of providing a Quote
- Minimum Site FeeThe Customer is liable to pay ABC ELECTRICAL CONTRACTING LTD , the Minimum Site Fee for attending the Customer’s premises
- Cancellation ChargeThe Customer is liable to pay ABC ELECTRICAL CONTRACTING LTD the Cancellation Charge if the Customer cancels or reschedules an appointment within ninety (90) minutes of the scheduled appointment time.
- Providing QuoteABC ELECTRICAL CONTRACTING LTD may provide the Customer a Quote
- Acceptance of QuoteThe Customer accepts the Quote by instructing ABC ELECTRICAL CONTRACTING LTD to sell or supply goods and/or services in the Quote.
- Effect of Acceptance of QuoteThe Customer’s unconditionally accepts these terms by instructing ABC ELECTRICAL CONTRACTING LTD .
- Time of Acceptance of QuoteThe Customer may accept the Quote within seven (7) days. If the Customer does not accept the Quote within seven (7) days, the quote is deemed invalid.
- Withdrawal or Revision of QuoteABC ELECTRICAL CONTRACTING LTD may revise or withdraw the Quote prior to acceptance.
- Requesting DepositABC Electrical Contracting may request the Customer to provide a Deposit.
- Effect of Requesting DepositABC Electrical Contracting Ltd is not obliged to perform any actions or obligations until the Customer has provided a Deposit.
- PricesAll prices charged are based on the prices specified in the Quote.
- AdditionalThe Customer is liable to pay for any additional goods and/or services not in the Quote.
- VariationsThe Customer is liable to pay for any variation to the goods and/or services not in the Quote.
- Extras The Customer is liable to pay for any extra charges as a result of parking, tolls, or any other charges levied by the Government.
- TaxesThe Customer is liable to pay the amount of any GST payable.
- Request for PaymentABC ELECTRICAL will issue an invoice to the Customer once the goods and/or services in the Quote that has been provided.
- Time for PaymentThe Customer must pay ABC ELECTRICAL CONTRACTING LTD the total amount invoiced within seven (7) days of receiving the invoice.
- Interest on PaymentThe Customer must pay ABC ELECTRICAL CONTRACTING LTD interest at the Interest Rateon amounts not paid within the time determined under clause 6.2
- Late Payment fee All amounts not paid within the time determined under clause 6.2 will attract a 10% late payment fee incurred each week.
- DamagesThe Customer must pay ABC ELECTRICAL all costs, expenses and losses which it incurs in collecting payment of an invoice after the time for payment determined under clause 6.2.
RIGHT TO HOLD GOODS
- Right to Hold Goods ABC ELECTRICAL CONTRACTING LTD has the right to withhold and or dispose of some or all of the goods purchased for the Customer until the Customer has paid for any additional costs incurred.
- InspectionThe Customer must inspect all goods and/or services provided by ABC ELECTRICAL CONTRACTING LTD within two (2) Business Days of receiving the goods and/or services.
- Making ClaimThe Customer must make any claim to ABC CONTRACTING LTD in relation to goods and/or services provided by ABC ELECTRICAL CONTRACTING LTD within seven (7) Business Days of receiving the goods and/or services.
- Effect of Not Making Claim If the Customer does not make any claims to ABC ELECTRICAL CONTRACTING in relation to goods and/or services provided by ABC ELECTRICAL CONTRACTING LTD ,within seven (7) Business Days of receiving the goods and/or services, then the Customer waives its right to do so.
- Notices All notices in this Contract must be in writing, signed and left, sent by registered post or emailed to the address or email address for the party stated on the Contract or of which the recipient has previously given notice to the sender.
- Limited Liability for Direct LossesABC ELECTRICAL CONTRACTING LTD liability to the Customer arising out of or in relation to the Contract is limited to 50% of the amount under the Contract at the time liability is determined.
- No Liability for Indirect LossesABC ELECTRICAL CONTRACTING LTD is not liable to the Customer for or in relation to any: a) increased costs or expenses or consequential, indirect or economic loss; b) loss of business, contracts, profit, savings or revenue; or c) loss, damage or expenses resulting from a third party claim against the Customer, arising out of or in connection with the Contract.
- No Liability for DelayABC ELECTRICAL CONTRACTING LTD is not liable to the Customer for any loss or damage whatsoever caused by ABC ELECTRICAL CONTRACTING LTD failure to complete, or delay in completing, an Order.
- No Personal LiabilityNo director or employee of ABC ELECTRICAL CONTRACTING LTD is liable to the Customer arising out of or in connection with the Contract. ABC ELECTRICAL CONTRACTING LTD holds the benefit of this clause as agent for and on trust for each of its directors and employees and may enforce this provision on their behalf.
- ABC ELECTRICAL CONTRACTING LTD is not liable for any damage, loss or expense incurred by the Customer occasioned by a cause beyond ABC ELECTRICAL CONTRACTING LTD, control, including equipment failure, fire, flood, storm, lockout, slowdown, strike, terrorism, war or any form of prohibition from a government authority.
- TERMINATIONIf the Customer: a) becomes insolvent under administration (within the meaning of the Corporations Act 2001); b) makes a voluntary arrangement with any of its creditors; or c) ceases trading for whatever reason, ABC ELECTRICAL CONTRACTING LTD may (without prejudice to any other right or remedy available to it) terminate the Contract and retrieve any goods that have been delivered to the Customer
AlterationsThese terms and conditions may be altered only in writing signed by ABC ELECTRICAL CONTRACTING LTD and the Customer.
- AssignmentThe Customer may not assign its rights under the Contract. ABC ELECTRICAL CONTRACTING LTD may novate its rights and obligations under the Contract to any person to whom it assigns its business or the relevant part of its business without the Customer’s consent.
- Cause of ActionAny provision of these terms and conditions which limits or excludes the liability of ABC ELECTRICAL CONTRACTING LTD or its directors or employees applies regardless of whether the cause of action under which liability is sought to be imposed is breach of contract, tort (including negligence), liability under a provision implied into the Contract by statue, statutory liability, liability under an indemnity, an equitable claim or any other cause of action without limitation.
- ConfidentialityThe Customer must keep confidential and not use ideas or processes communicated by ABC ELECTRICAL CONTRACTING LTD to the Customer (except to the extent that to do so is necessarily inherent in enjoying the goods or services under the Contract) without ABC ELECTRICAL CONTRACTING LTD prior written consent, except where the relevant matter has come into the public domain through no fault of the Customer.
- RelianceThe Customer agrees that by accepting a quote from ABC ELECTRICAL CONTRACTING LTD that it has not relied on any statement, representation, assurance or warranty other than as expressly set out in the Contract.
- SeverabilityAny provision of the Contract which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, to be valid and enforceable but if it cannot be read down in that way it is taken to be severed, without affecting the remainder of these terms.
- Law and JurisdictionThe law governing the Contract is the law that applies in NEW ZEALAND, without regard to any choice of law rules which would lead to the application of the law of another place. The courts having jurisdiction over disputes arising in New Zealand have exclusive jurisdiction over disputes arising under the Contract
- WarrantyABC Electrical Contracting Ltd has a 12 Month warranty on labour. Most Manufacturer’s warranty’s cover replacement part/parts and labour, however some warranty’s don’t cover labour this will need to be paid for by the customer.