As a valued client of our firm it is important that you are aware of our business terms. These terms apply to all services provided by us, unless we have a written alternative arrangement with you. Please contact us if you have any questions regarding our business terms.
Term & Conditions/ Contract terms
All goods and services supplied by Contact Electrical (“we”, “our” or “us”) to the Customer (“you” or “your”) pursuant to your request for customer services are supplied on the following terms unless otherwise agreed in writing between you and us.
- Contract: This document becomes a legal contract between you and us when signed by or on behalf of you and us. This contract is only a contract to supply goods and or services. It is not a contract to supply you with electricity or to supply any line function services
(as defined in the Electricity Act 1992). You will need to enter into a separate contract with an electricity supplier to supply you with electricity.
- If we give you an estimate of our fee: It is an estimate only and we will review it if necessary. The final fee may be more or less than the amount of the estimate (although our estimates are as accurate as possible, based on the information available to us at the time).
- Variations: If you and we agree to vary the work to be done we reserve the right to vary our charges and you agree to pay the amount agreed between you and us for such work. If our charges have not been agreed then you agree to pay our normal charges for such work in accordance with our relevant standard charging policies.
- Payment: Payment of our account is due on the 20th of the month following the date of our invoice , unless otherwise indicated on the front of this contract or agreed by us in writing.
If you do not pay all monies due to us on or before the due date, in addition to our other rights, we shall have the right to charge default interest on any overdue amount from its due date until it and the interest is paid in full. Default interest will be equal to the total of the Bank of New Zealand Bank Bill Rate on the due date plus 5% per annum, calculated daily. Payments received will be applied firstly in payment of interest and secondly in payment of the other monies due to us. Any costs incurred in collecting money owing to us by you, including any debt collector’s fees, legal and court costs (on a solicitor and client basis), and default interest are payable by you on demand.
- Risk and Ownership: All goods to be supplied and installed by us under this contract shall be at your risk on installation and all goods supplied by us not requiring installation by us shall be at your risk on delivery. We shall retain ownership in such goods until you have paid to us all monies payable by you under these contract terms. Receipt by us of any cheque or other bill of exchange or promissory note shall be deemed not to have been paid until it has been cleared.
Until we have been paid in full:
- Delivery: Any time stated for delivery is an estimate only. We are not liable for any delay in delivery.
- Limitation of Liability: If you are a Consumer who acquires or holds yourself out as acquiring the goods and services for the purpose of business:
- you shall retain possession of the goods in trust for us as the beneficial owner and shall store them separately and clearly identify them as belonging to us;
- if you sell any of the goods then the proceeds of the sale shall belong to us and shall be retained by you in trust for us and shall not be intermingled with any other monies or paid into any overdrawn bank account and shall at all times be kept identifiable as monies held in trust for us;
- you irrevocably authorize us or our employees or agents, without being required to give any notice, to enter on and into any premises where any of the goods are or are reasonably believed to be, to inspect and/or repossess all or any of the goods and you shall indemnify us in respect of any costs, claims or liability incurred by us in doing so.To the extent permitted by law all terms, conditions and warranties, except those expressly set out in this contract, relating to the goods and services to be supplied pursuant to this contract are expressly excluded.
- the provisions of the Consumer Guarantees Act 1993 shall not apply;
- our liability for any breach of our obligations to you shall in all circumstances be limited to and shall not exceed the price of the goods and services to be supplied to you;
- we shall not be liable to you for any consequential or indirect loss, damage or expense of any kind, nor for any loss of profit, economic loss or similar claims
- Assignment: We may, but you shall not, assign the rights and obligations under this contract.
- Guarantee: In consideration of Contact Electrical agreeing to provide the services to the customer at the request of the Guarantor (which request is acknowledged by the Guarantor) the Guarantor guarantees to Contact Electrical payment, on the due date for payment, of all monies payable by the Customer under this contract and agrees to indemnify Contact Electrical against any loss Contact Electrical might suffer should this contract be lawfully disclaimed or abandoned by any liquidator, receiver or other person. The Guarantor shall be a principal debtor under this contract and agrees that no release, delay, indulgence or other thing which would release a surety shall release or reduce the liability of the Guarantor under this contract.
- General: Where there is more than one Customer or Guarantor they shall be liable jointly and each of them severally and where the Customer or Guarantor acts as a nominee or as an agent in the execution of this contract, the Customer or Guarantor shall at all times remain liable for all obligations as if a party in their own right.
- House Re-wires: Work involving cutting/drilling or removing asbestos in any form will not be undertaken and will be the responsibility of you to remedy or carry out said works. Switches, hotpoints etc wired to original positions unless instructed otherwise by you and documented by us
Having read through these terms and conditions we consider that, unless you raise any points regarding them with the electrician responsible or management, you have accepted them and agree that they govern our business relationship.