Terms of Trade
We think it's important to clearly state our terms of trade.
1.1 We or us means Moses Electrical Limited trading as Kinetic Electrical Wellington and includes its servants, agents and sub-contractors;
1.2 You means any person who requests the supply of goods or services described in the Contract;
1.3 Contract means these terms of trade and the accompanying quotation, acceptance form or invoice.
1.4 Goods means the goods we agree to supply to you.
1.5 Services means the services we agree to perform for you.
1.6 Premises means the place where the Goods are to be situated or the services performed;
2.1 All Prices are valid for 7 days from the date of issue.
2.2 The amounts or rates of any taxes, import duties and currency exchange rates included in the price are those applying at the date of the Contract. If such amounts or rates increase for any reason before completion of the Contract, you will have to pay the additional cost.
2.3 Our minimum Labour charge is for one hour plus travel costs. After that we charge per hour or part thereof.
2.4 The Services will include any variations requested in writing by you and agreed to by us. The price will be adjusted for any such variations and recorded in writing.
2.5 If extra work is required to complete the Services because of circumstances not reasonably foreseeable by us, you will pay for the extra work, at our normal rates, including our fees for processing variations.
2.6 If any local authority requirements change while we are performing the Services, you will be responsible for any resulting cost increases.
2.7 If any products are not available when required, we may substitute similar products with your approval. You must not unreasonably withhold approval. The price will be adjusted accordingly and recorded in writing.
2.8 If we cannot proceed because of your actions or those of anyone acting on your behalf or any other person in dispute with you regarding the Services, we will Endeavour to find other work but if we cannot do so, we will charge you a stoppage fee of $500.00 per day including GST.
3.1 Payments may be made to us by cheque payable to Moses Electrical Limited or by direct credit to our bank account.
3.2 You will pay a deposit of 50% of the Contract price before work commences, unless we agree otherwise in writing.
3.3 You will continue to pay for the Goods in full and without deduction no later than 7 days after the date of our invoice, unless we agree otherwise in writing. If payment is not made on time we reserve the right to charge you interest on the outstanding money at the rate of 2.5% per month or part thereof from the due date until actual payment. If any cheque is dishonoured you will pay us a fee of $65.00.
3.4 If any account is not paid within 1 month after the due date, our debt collection agent may charge you a fee equal to 25% of the outstanding amount but not less than $25.00. If the total debt collection costs, including legal costs, exceed the amount set out above, you must pay such additional costs. Our debt collection agent may enforce this clause under the Contracts (Privity) Act 1982.
3.5 We may stop work if any payment is not received on time, but this will not entitle you to cancel the Contract.
4. YOUR OBLIGATIONS
4.1 For the purposes of carrying out the Services you will provide at no cost to us full access to the Site, and all necessary power and any other services that we specify. These must comply with all legal requirements.
4.2 If convenient access is not supplied for any reason we may charge you the resulting additional costs incurred.
4.3 You warrant that you have the right to grant us access to the Site to carry out the Services. If the Site is sold before we receive full payment for the Services, you warrant that the sale proceeds will be held on trust for us to the extent of the unpaid Contract price.
4.4 You will be responsible for pegging the boundaries of the Site.
4.5 You will be responsible for obtaining all local authority consents for the performance of the Services. We will assist with that if required but we will charge a fee for doing so. If any consent is refused, you will be liable for our costs incurred up to that point.
4.6 If you engage other contractors while we are performing the Services, you will be responsible for co-ordinating their work so as not to interfere with our work.
4.7 If an outside designer is used for the Services, we will insist on dealing only with the designer as your representative, including in relation to the authorisation of any variations to the work. You will be responsible for all of the designer's fees.
4.8 You agree to grant, or arrange for the owner of the site to grant, a good and registrable mortgage over the title to the site and you appoint all directors of Complete Property Repairs Limited as your several attorneys to act on your behalf to implement this clause.
5. PERFORMANCE OF THE SERVICES
5.1 We will commence work on the agreed date, provided we receive acceptance of our quote before it expires. We will work continuously unless prevented by factors beyond our control or we have your consent not to do so and will leave the site neat and tidy after completing the Services.
5.2 If any unforeseen difficulties such as hidden features arise, we may take such advice and engage specialist services as we consider necessary to deal with them, at your cost. We will consult you before doing so, but we will not be obliged to do that if we cannot contact you or emergency action is required to protect life or property.
5.3 The Contract period will be extended, at no cost or loss to us, to cover delays caused by strikes, lockouts, prohibitions, non-availability of materials, natural disasters or any other circumstances beyond our control.
6. WARRANTY AND LIMITATION OF LIABILITY
6.1 You acknowledge that payments under the Contract are based solely on the value of the Goods and Services described in the Contract. We will not be liable for losses or damages (whether direct, indirect or consequential) suffered by you or any third party as a result of any negligent action by us. You will fully indemnify us against all such claims.
6.2 In no circumstances will we be responsible for any third party costs resulting from performance of the Services, any unforeseen occurrences during the work, or our negligence.
6.3 Despite the terms of the Contract, if we incur any liability, it will be limited to $1,000.00 including GST.
6.4 You agree that if we are liable for any damages due to negligence or failure to perform our duties described in the Contract, it would be impractical and extremely difficult to fix actual damages. Therefore you agree that any liability imposed on us will be limited to the amount specified in the previous paragraph.
6.5 We will not be responsible for any warping or shrinkage of materials used, but will do our best to prevent such problems.
6.6 We will not be responsible for any damage caused to the work by you, any third party, act of God etc. You will pay the cost of any remedial work required because of such damage.
6.7 You agree that the Consumer Guarantees Act 1993 does not apply if the Services are supplied for business purposes. You and we contract out of that Act to the fullest extent allowed by law.
7. OWNERSHIP AND RISK
7.1 Terms used in the Contract that are defined in the Personal Property Securities Act 1999 (the PPSA) have the same meaning as in the PPSA.
7.2 We will retain ownership of the Goods until completion of the Contract and payment in full. If you default in payment of the price or any progress claim, you authorise us at our absolute discretion and without further notice to enter (forcibly or otherwise) the Premises (or the Premises of any other person holding the Goods on your behalf) and remove or disable all or any of the Goods, whether fixed or not. We reserve the full right to sell or dispose of the Goods. You will indemnify us against any loss or liability arising from recovery or disposal of the Goods under this clause.
7.3 You acknowledge that the preceding clause secures the obligation to pay for the Goods. At our request you will promptly sign any documents, provide necessary information and do anything else we require to perfect our security.
7.4 You waive your right to receive a copy of any verification statement. So far as permitted by the PPSA you will have no rights under sections 114 – 121, 125 and 129 – 133 of the PPSA. You waive your right to receive a financing statement or financing change statement under section 148 of the PPSA.
7.5 Any repossession and retention of the Goods will immediately extinguish any rights or interest you have in the Goods and will only satisfy so much of your debt to us as is equivalent to our estimation of the market value of the Goods as they are to be used by us at the date of repossession. We may allocate any money we receive from you towards debts charges and expenses in any priority we determine to maintain our security.
7.6 Notwithstanding when ownership of the Goods passes, you will bear the risk of any loss or damage to the Goods from when the Goods are delivered. You will insure against such loss or damage, however it arises, from the date of delivery until the date of payment or until we remove the Goods pursuant to the Contract.
8. INSTALLATION RISK
8.1 You accept all risks, costs and liabilities arising from the installation of the Goods at the place of installation you designate. You will be responsible for all costs, including parts and labour, of integrating the Goods with any existing system of yours.
9. HEALTH AND SAFETY IN EMPLOYMENT ACT 1992 ("HSEA")
9.1 We will be responsible for our actions in terms of section 15 of the HSEA. You will be responsible for compliance with the HSEA in respect of the Premises and you must advise us before commencement of the Contract of any hazards on the Premises.
10. DISPUTE RESOLUTION
10.1 All disputes will be negotiated in good faith within a reasonable timeframe. Subject to the Construction Contracts Act 2002, if this does not resolve the matter it will be referred to mediation before any arbitration or other proceedings are commenced.