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  • Agreement

1.1. This agreement governs the terms of supply of electrical services from us (“Hart Electrical Limited”, “HEL”, “we”, “us”) to you (“the Customer”, “you”)(“Terms”).
1.2. The services that we may provide to you under these Terms include all residential and commercial electrical installation, wiring, repairs and any other electrical services that we agree to provide to you (“the Services”).
1.3. We may order, supply and install electrical goods to you in order to provide the Services (“the Goods”).
1.4. We may provide the Goods and/or the Services to you under these Terms.

  • Acceptance

2.1. We will provide you with a quote setting out the Goods and/or Services that we will supply to you (“the Quote”).
2.2. The Quote will set out our price for such Goods and/or Services and is valid for 30 days.
2.3. Where the price set out in the Quote is more than $10,000.00 we may ask you for a deposit.
2.4. Any acceptance of the Quote by you for the supply of Goods and/or Services shall constitute acceptance by you of these Terms.
2.5. Where we have not provided you with a Quote then any instructions received by us from you to commence the Services shall constitute acceptance of these Terms.

  • Price

3.1. The price will be set out on the Quote, or, where we have not issued a Quote, the amount set out on the tax invoice (“the Price”).
3.2. We reserve the right to increase the Price at any time, including but not limited to any unforeseen difficulties carrying out the Services, unavailability of the Goods or an increase in the cost of the Goods.
3.3. Where you request a variation to the quality of Goods after you have accepted the Quote and the cost of the varied goods exceeds the cost of the Goods set out in the Quote then you agree to pay the difference in such cost.
3.4. Where additional Goods and/or Services are required then you agree to pay for the additional cost of such Goods and/or Services at such a Price as determined by us.
3.5. All Prices are in New Zealand Dollars and are exclusive of GST.

  • Payment Terms

4.1. After the Services have been completed we will provide you with a tax invoice (“the Invoice”).
4.2. Time for payment of the Invoice shall be of the essence and must be made by the date specified on the Invoice but if no date is specified then payment shall be due seven (7) days following the date of the
Invoice (“the Due Date”).
4.3. Where we provide the Goods and/or Services to you from one calendar month to the next then we may issue a progress claim or Invoice in relation to the provision of the Goods and/or Services that have commenced but have not yet been completed.
4.4. If payment is not made by the Due Date then we may charge you interest on any unpaid amount at a rate equal to 2.5% per month.
4.5. All payments shall be made to us without deduction or set off by you. If you dispute any or all of an amount contained in the Invoice you agree that you will:

(a) immediately notify us of the dispute and provide reasons for the dispute;
(b) pay the full amount of the Invoice including the disputed amount by the Due Date; and
(c) negotiate in good faith with us to resolve the dispute.

4.6. You indemnify against all costs and disbursements we incur pursuing any outstanding payments including, but not limited to, internal and external administration charges, collection agency costs, enforcement costs, expenses, disbursements and legal costs on a solicitor and own client basis.

  • Customer Obligations

5.1. You agree to keep the premises where we are carrying out the Services safe and free of hazards at all times and ensure that we have free access to the premises at all times to enable us to carry out the Services.

  • Defects

6.1. You agree that you will inspect the Goods and/or Services immediately after they have been completed and that you will notify us of any defects, damage or failure to comply with the Quote in writing within seven(7) days.
6.2. You will give us a reasonable opportunity to inspect the Goods and/or Services following receipt of your notice and if we agree that the defect, fault or damage is due to the fault of HEL then we will remedy the defect, fault or damage at our cost.

  • Delivery

7.1. Unless the Quote includes the costs of delivery, any costs of delivery of the Goods will be charged in addition to the Price and will be payable by you.
7.2. You must take delivery of the Goods whenever we notify you that the Goods are ready for delivery. If you are unable to take delivery of the Goods as arranged, then we will be entitled to charge a reasonable fee for redelivery.
7.3. We will endeavor to deliver the Goods on the agreed delivery date. You agree that we will not be liable for any late delivery nor will you be entitled to cancel any order or part order for Goods.

  • Risk and Title

8.1. We retain legal and equitable title to any Goods that we supply to you until you have made full payment for the Goods.
8.2. Notwithstanding that ownership of the Goods remains with us until payment has been made by you, all risk in relation to the Goods will pass to you on delivery.
8.3. Where we are required to install the Goods you warrant that the structure of the premises or equipment in or upon which the Goods are to be installed or erected is sound and will sustain any installation and incidental work and that we shall not be liable for any claims, demands, losses, damages, costs and expenses that results from such installation.
8.4. Where you have supplied goods to us to complete the Services then you accept all responsibility for the suitability or purpose, quality and any faults in the goods supplied by you.
8.5. In the event that the electrical wiring is required to be re-positioned by the request of a third party contracted by you then you agree to immediately notify us of any proposed changes.

  • Personal Property Securities Act 1999 (“PPSA”)

9.1. You acknowledge that these Terms constitute a security agreement for the purposes of the PPSA and a security interest is taken in all Goods supplied now and in the future to you.
9.2. You undertake that you will:

(a) execute all documents and do such further acts as may be reasonably required by us to register a financing statement or financing change statement on the Personal Property Securities Register (“PPSR”);
(b) indemnify, and upon demand, reimburse us for all expenses incurred in registering a financing statement or financing change statement on the PPSR;
(c) not register a financing change statement or change demand without our prior written consent; and
(d) immediately advise us of any material change in your business practices of selling the Goods which would result in a change in the nature of proceeds derived from the proceeds of sale of the

9.3. You agree that nothing in sections 114(1)(a), 113 and 134 of the PPSA shall apply to these Terms.
9.4. You waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
9.5. Unless otherwise agreed in writing, you waive your right to receive a verification statement in accordance with section 148 of the PPSA

  • Construction Contracts Act 2002

10.1.You acknowledge that the provisions of the Construction Contracts Act 2002 applies to these Terms and you further acknowledge that:

(a) we have the right to suspend work within five (5) working days of written notice of our intent to do so if we serve a payment claim on you; and

(i) payment is not made in full by the due date and you have not given us a payment schedule; or
(ii) a scheduled amount set out in the payment schedule is not paid in fully by the due date for which that payment is set; or
(iii) you have not complied with an adjudicator’s notice that requires you to make a payment to us on a specified date; or
(iv) we have given written notice to you of our intention to suspend the Services.

(b) where we suspend work:

(i) we will not be in breach of these Terms and we will not be liable for any loss or damage suffered by you as a result of such suspension; and
(ii) we will be entitled to an extension of time to complete the Services and retain our rights under these Terms including the right to terminate the Terms.

(c) any suspension will not:

(i) affect any rights that would otherwise be available to us under the Contractual Remedies Act 1979; or
(ii) allow you to exercise any rights that might otherwise have been available to you under the Contractual Remedies Act 1979 as a consequence of us suspending the Services.

  • Consumer Guarantees Act 1993

11.1.Where you are acquiring the Goods for the purposes of trade or business then you acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of the Goods from us to you.

  • Liability

12.1. To the extent permitted by law, you agree that insofar as we may be liable to you under these Terms, the maximum liability, whether in contract, tort (including negligence), equity, under statute or otherwise for any loss, damage or injury arising directly or indirectly from any breach of our obligations under these Terms, is limited at our option to one or more of the following:

(a) repairing or replacing the Goods; or
(b) remedying or rectifying the defective Services. Nothing in this clause 12 limits or affects your rights under the Consumer Guarantees Act 1993.

  • Cancellation

13.1. We may reschedule or cancel the Services by giving you no less than 12 hours’ notice.
13.2. If you wish to reschedule or cancel the Services you must give us no less than 12 hours’ notice (“the Notice Period”).
13.3.Where you cancel the Goods and Services within the Notice Period and we have already ordered the Goods then you will be required to make payment of the Goods.
13.4. If you do not reschedule or cancel the Goods and/or Services within the Notice Period then we will be entitled to charge you a fee of $150.00 plus GST plus any Goods already ordered.

  • Termination

14.1.We may terminate this agreement immediately where you are in material breach of your obligations under these Terms, we have given you notice of the breach and you have not remedied that breach within seven (7) days of receipt of such notice.
14.2. Any amounts owing to us under these Terms at the date of termination will still be payable you.

  • Force Majeure

15.1. We will not be held liable in the event that we are unable to carry out our obligations under these Terms due to a Force Majeure event. A Force Majeure event means any event beyond HEL’s reasonable control and includes, but is not limited to, strikes, power failures, fires, earthquakes and other natural disasters.

  • General

16.1. If any provision in these Terms shall be held to be invalid, void or illegal or unenforceable then the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.2. If anything in these Terms is inconsistent or conflicts with the Quote or any other agreement between the parties, then these Terms shall prevail.
16.3. You cannot assign or transfer any of your rights or obligations under the Terms to any other person.
16.4. If the Customer is a company or trust, each director, or trustee of the Customer who signs these Terms warrants that they are authorised to enter into the Terms on behalf of the Customer.
16.5. These Terms are subject to and governed by the laws of New Zealand.

  • Changes to Terms of Trade

17.1. We reserve the right to alter our terms of trade at any time.