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.
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.
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.
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.
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.