Tony Corston Electrical Limited(NZBN: 9429037443337)Terms of Trade

1. Defined Terms
1.1 “Contract” means the Contract between the Customer and the Electrician for the provision of Works by the Electrician and comprises the Quote, the Terms, and any further variations to the Quote and/or the Terms.
1.2 “Deposit” has the meaning given to it in clause 6.
1.3 “Materials” means any materials used or to be used by the Electrician to complete the Works.
1.4 “Price” means the Price payable for the Works as agreed between the Electrician and theCustomer in accordance with clause 5 below.
1.5 “Quote” means any quotation or estimate provided by or on behalf of the Electrician for theWorks either verbally, electronically or in writing.
1.6 “Site” means any location that the Electrician completes Works at.
1.7 “Terms” means these Terms of Trade.
1.8 The “Customer” means the person/s or entity being provided Works as specified in any Quote,Invoice, document or order, and if there is more than one Customer, Customer is a reference to each Customer jointly and severally. The Customer includes the Customer, its successors and assigns or any person acting on their behalf. The Electrician may take instructions from the Customer, its successors and assigns or any person acting on their behalf, as if they came directly from the Customer.
1.9 The “Electrician” means Tony Corston Electrical Limited (NZBN: 9429037443337), its successors and assigns or any person acting on their behalf.
1.10 “Works” means the works completed by the Electrician on the Site as set out in the Quote.

2. Acceptance of these Terms
2.1 Upon the Customer accepting a Quote, placing an order for, or accepting any Works, the Customer is taken deemed to have exclusively accepted and is immediately bound, jointly and severally, by the Contract.

3. Customer Insurance
3.1.1 The Customer accepts and acknowledges its obligation to provide all insurance for all Works(“Customer’s Insurance”) unless otherwise agreed to in writing prior to commencement of the Works.
3.1.2 The Customer must pay the premium on their Customer Insurance policy and any excess on any Customer Insurance claim.
3.1.3 Without limiting the generality of the Customer’s obligation under clause 3.1.1, the Customer’s Insurance must cover:
3.1.3.1 against loss or damage of an amount determined by the Electrician;
3.1.3.2 full replacement value against loss or damage to the Customer’s existing structures (or existing adjacent structures) to which the Works are being provided and against loss or damage to the Customer’s contents; and
3.1.3.3 against consequential loss arising from loss or damage to the Customer’s existing
structures to which the Works are being provided.

3.1.5 In the event of loss or damage to the Customer’s structures to which the Works are being provided or have been provided, which is not caused by the Electrician or any party for whom the Electrician is responsible:
3.1.5.1 The Electrician is not required to carry out any restoration work at the Electrician’s own expense;
3.1.5.2 The Electrician will carry out the restoration work as a variation to the Contract; and
3.1.5.3 The restoration work will be paid for from the proceeds of the Customer’s Insurance.
3.1.6 The supply of Materials by the Electrician to the Customer for accepted orders is subject to availability and if, for any reason, Materials are not or cease to be available, the Electrician reserves the right to vary the Price with alternative Materials. The Electrician also reserves the right to halt all Works until such time as the Electrician and the Customer agree to such changes.

4. Quotes
4.1 Quotes are based on the information provided by the Customer. It is the Customer’s responsibility to ensure that accurate information is provided to the Electrician.
4.2 All Quotes are valid for the period stated at the time a Quote is given by the Electrician. If no period is stated, then all Quotes are valid for ninety (90) days from the date the Quote is produced by the Electrician (“Quote Period”). The Customer may accept the Quote at any time during the Quote Period.
4.3 At the end of the Quote Period, the offer contained in the Quote is no longer valid unless theElectrician agrees otherwise in writing.

5. Invoicing and Payment
5.1 At the Electrician’s sole discretion, the Price shall be either:
5.1.1 in accordance with any Quote provided by the Electrician;
5.1.2 as indicated on any Invoice provided by the Electrician to the Customer; or
5.2 subject to clause 5.3, the Prices are as at the date of provision of the Works, according to theElectrician’s written Quote to the Customer, which will be valid for the period stated in clause 4.
5.3 Unless otherwise stated in writing, the Customer shall be charged for the Electrician’s travel costs by set fee, mileage fee or in any manner that the Electrician chooses.
5.4 The Electrician reserves the right to change the Price:
5.4.1 if a variation to the Materials which are to be supplied is requested; or
5.4.2 if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
5.4.3 where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, hard rock barriers below the surface, iron reinforcing rods in concrete, hidden pipes and wiring in walls or poorly prepared surfaces etc) which are only discovered on commencement of the Works; or
5.4.4 in the event of increases to the Electrician in the cost of labour or Materials which are beyond the Electrician’s control.

5.5 Time for payment for the Works being of the essence, the Price will be payable by theCustomer on the date/s determined by the Electrician, which may be:
5.5.1 on completion of the Works; or
5.5.2 by way of progress payments in accordance with the Electrician’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the Site but not yet installed;
5.5.3 the date specified on any Invoice or other form as being the date for payment; or
5.5.4 failing any notice to the contrary, the date which is seven (7) working days following the date of any Invoice given to the Customer by the Electrician.

5.6 Payment will be made by electronic/online banking, or by any other method as agreed to in writing between the Customer and the Electrician.

5.7 Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to the Electrician an amount equal to any GST the Electrician must pay for any provision of Works by the Electrician under this or any other Contract. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.

6. Deposit
6.1 The Electrician, at its sole discretion, may request that the Customer pay a portion of the Price as a deposit (“Deposit”). The amount of the Deposit, if required, will be specified with the Quote and payable on acceptance of the Quote. The Electrician will not be required to complete any Works until such time as the Deposit is paid by the Customer.

7. Provision of Works
7.1 Subject to clause 7.2, the Electrician will ensure that the Works start as soon as is reasonably practicable or as otherwise advised to the Customer.
7.2 Where, due to an event beyond the Electrician’s control, there is a delay in the Works and theElectrician requests an extension, the commencement date for the Works will be delayed and the completion date will be extended (by a time period that is reasonable in the circumstances). Relevant events may include, however, will not be limited to any failure of theCustomer to:
7.2.1 make a selection; or
7.2.2 have the Site ready for the Works; or
7.2.3 notify the Electrician that the Site is ready; or
7.2.4 where the Works are delayed by either the Customer or any other third party.

7.3 The Electrician may deliver the Works by separate instalments. Each separate instalment shall be Invoiced and paid in accordance with the provisions in these Terms.

7.4 Any time or date given by the Electrician to the Customer is an estimate only. The Electrician shall not be liable for any loss or damage whatsoever due to failure by the Electrician to deliver the Works (or any part of them) promptly or at all, where due to circumstances beyond the reasonable control of the Electrician.

7.5 Any recommendations, advice, assistance or information provided by the Electrician is provided in good faith and the Electrician shall not be liable in any way for any damage, loss or other costs in relation to the Customer or other Contractors reliance on the recommendations, advice, assistance or information. The Customer, or Contractors take these recommendations, advice, assistance or information at their own risk and using their own judgement.

8. Plans and Specifications
8.1 All customary building industry tolerances shall apply to the dimensions and measurements of the Materials unless the Electrician and the Customer agree otherwise in writing.
8.2 The Electrician shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer or Contractors.
8.3 If any reference to the position of any electrical installations is removed or covered up by theCustomer, then the Electrician shall not be responsible for any damage caused in relation to the locating of the installations. In this instance the installations will be at the sole discretion of the Electrician.
8.4 Any additional costs caused by the Customer not providing an acceptable plan or scope of work, will be the responsibility of the Customer.
8.5 If the Customer requests for the Electrician to decide on the positing of any electrical installations, the Customer shall be deemed to have accepted the positioning of such.
8.6 The Electrician will require at least (7) working days’ notice of any required completion date.The Electrician will use their best endeavours to meet such deadlines but will not be in anyway liable in relation to such deadlines not being met.

9. Customer Responsibilities
9.1 Any scaffolding which the Electrician considers is required to complete the Works in a safe manner will be the responsibility of the Customer at the Customer’s cost. The scaffolding must be provided and erected by a professional scaffolding company and be acceptable to the Electrician at the Electrician’s sole discretion.
9.2 The Customer must provide the area of the Works clear from all furniture and obstructions. If the Electrician has to move anything from the area of the Works, this will be done at the sole risk of the Customer and any damage to the Customer’s property will not be the responsibility of the Electrician.
9.3 The Customer is responsible for the clean-up of the Site and removal of rubbish from the Site.
9.4 The Customer shall ensure that the Electrician has clear and free access to the work Site at all times to enable them to undertake the Works. The Electrician shall not be liable for any loss or damage to the Site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless it is due to the negligence of the Electrician.
9.5 On request the Customer will advise and mark the precise location of all underground Works on the Site. The underground Works the Customer must identify include, but are not limited to, electrical Works, gas Works, sewer Works, pumping Works, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other Works that may be on Site. While the Electrician will take all due care, any damage caused by the Customer not correctly and precisely locating such undergroundWorks will be the responsibility of the Customer and the Customer will indemnify the Electrician from all liability, claims, loss, damage or fines, and repair costs.
9.6 The Customer is responsible for any Materials or products that they supply. Any additional costs incurred because the Materials provided are not fit for purpose for any reason including but not limited to being the wrong (a) size; (b) colour; (c) rating; (d) standard, (e) quality; (f)colour and finish; will be the Customer’s responsibility.

10. Defects, Errors or Omissions
10.1 The Customer must inspect the Works, and the Materials on completion and notify the Electrician within one (1) month of completion (time being of the essence) of any alleged defect, error or omission or failure to comply with the Quote. The Customer must allow the Electrician to inspect the alleged defect in the Works, the Contract, or the Materials within a reasonable time of such notice.
10.2 If there is a defect in the Works, the Electrician’s liability will be limited to rectifying or re-providing the Works at the Electrician’s discretion.
10.3 If there is a defect in the Materials, the Electrician will use its best endeavours to procure the manufacturer of the Materials to remedy the defect at the manufacturer’s cost.
10.4 Other than as set out in clauses 10.2 and 10.3, the Electrician will have no obligation to theCustomer for any defects in the Works, or the Materials.

11. Title
11.1 The Electrician and the Customer agree that ownership of the Materials shall not pass to theCustomer until:
11.1.1 the Customer has paid the Electrician all amounts owing to the Electrician; and
11.1.2 the Customer has met all of its other obligations to the Electrician.
11.2 Receipt by the Electrician of any form of payment other than cash shall be deemed to be received by the Electrician once they have cleared funds in their Bank account that cannot be reversed.
11.3 Risk for the Materials shall pass to the Customer as soon as they accept delivery.
11.4 It is further agreed that:
11.4.1 until ownership of the Materials passes to the Customer in accordance with clause 11.1 the Customer is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to the Electrician on request.
11.4.2 the Customer holds the benefit of the Customer’s Insurance of the Materials on trust for the Electrician and must pay to the Electrician the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed.
11.4.3 the production of these Terms by the Electrician shall be sufficient evidence of the Electrician’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with the Electrician to make further enquiries.
11.4.4 the Customer must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Materials then the Customer must hold the proceeds of any such act on trust for the Electrician and must pay or deliver the proceeds to the Electrician on demand.
11.4.5 the Customer should not convert or process the Materials or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Electrician and must sell, dispose of or return the resulting product to the Electrician as it so directs.
11.4.6 unless the Materials have become fixtures the Customer irrevocably authorises theElectrician to enter any premises where the Electrician believes the Materials are kept and recover possession of the Materials.
11.4.7 the Electrician may recover possession of any Materials in transit whether or not delivery has occurred.
11.4.8 the Customer shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of The Electrician.
11.4.9 the Electrician may commence proceedings to recover the Price attributable to the Materials sold, notwithstanding that ownership of the Materials has not passed to the Customer.

12. Personal Property Securities Act 1999 (“PPSA”)
12.1 The Customer agrees that the interest created in these Terms in the Materials is a security interest within the meaning of the Personal Property Securities Act 1999 (“PPSA”). TheElectrician shall have the right to register such interest with the Personal Property SecuritiesRegister.
12.2 Provide any information or sign any additional document to allow the Electrician to register its interest on the Personal Property Security Register.
12.3 The Customer will reimburse the Electrician for any costs associated in the registration of the financing statement.
12.4 Nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms.
12.5 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127,129, 131 and 132 of the PPSA.
12.6 The Customer waives its right to receive a verification statement in accordance with section148 of the PPSA.12.7 The Customer shall unconditionally ratify any actions taken by the Electrician under clauses12.1 to 12.6.

13. Hazardous Substances
13.1 If the Electrician or anyone else identifies Materials around the area that the Works are being completed that they suspect may be hazardous, toxic or otherwise a danger to the Electrician, including but not limited to asbestos, then it will be the Customer’s responsibility to have the substance tested and if necessary removed. Until the Customer has provided evidence to the Electricians that the substance is not dangerous or has been removed by a suitably qualified person, the Electrician may take any steps that they see necessary including refusing to complete any further works.

14. Warranties
14.1 As permitted by law the Electrician provides no warranty as to the quality or suitability of the Materials for any purpose. Any implied warranty is expressly excluded. The Electrician shall not be liable or responsible for any loss suffered or caused by the Materials in any way whatsoever.

15. Consumer Guarantees Act 1993
15.1 If the Customer is acquiring Materials for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Materials by the Electrician to the Customer.

16. Dispute Resolution
16.1 If either party considers that there is a dispute in respect of matters arising out of these Terms, then that party shall immediately give notice to the other party setting out the details of the dispute. The parties shall then endeavour in good faith to resolve the dispute between themselves within fifteen (15) working days of notice of the dispute. Failing resolution, the parties will commence mediation within a further thirty (30) working days. If the parties cannot agree on a mediator, then one will be appointed for them by the President of the NewZealand Law Society.
16.2 If the dispute is not resolved by mediation as provided in clause 16.1 within twenty (20)working days of the date of appointment of the mediator, the mediation will terminate andeither party may refer the dispute to adjudication under the Construction Contracts Act 2002.

17. Default and Consequences of Default
17.1 The Electrician may charge interest on overdue Invoices daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month compounding monthly.
17.2 The Electrician may charge the Customer for, and the Customer must indemnify the Electrician from, all costs and expenses incurred by the Electrician in the collection of unpaid sums under this these Terms or otherwise taking action to enforce these Terms. This includes but is not limited to legal costs on a full Solicitor client basis.
17.3 Without prejudice to any other remedies the Electrician may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these Terms, the Electrician may suspend or terminate the supply of Works to the Customer. The Electrician will not be liable to the Customer for any loss or damage the Customer suffers because theElectrician has exercised its rights under this clause.
17.4 Without prejudice to the Electrician’s other remedies at law the Electrician shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Electrician shall, whether or not due for payment, become immediately payable if:
17.4.1 any money payable to the Electrician becomes overdue, or in The Electrician’s opinion the Customer will be unable to make a payment when it falls due;
17.4.2 the Customer becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
17.4.3 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

18. Compliance with Laws
18.1 The Customer and the Electrician shall comply with the provisions of all statutes, regulations and bylaws that may be applicable to the works.
18.2 Unless otherwise agreed the Customer shall obtain any consents that may be required for theWorks.
18.3 The Customer will be responsible to ensure that the Site where the works are to take place will comply with any occupational health and safety laws relating to building/construction Sites to the satisfaction of the Electrician. Until the Electrician is satisfied that the Site meets all health and safety requirements, they will not commence work.

19. Insurance
19.1 The Electrician will hold public liability insurance of at least $5 million. It is the Customer’s responsibility to ensure that they are similarly insured.

20. Cancellation
20.1 The Electrician may cancel the Contract by providing notice to the Customer. Once the Electrician has provided such notice to the Customer the Electrician will refund any amounts paid by the Customer for works that are not done. The Electrician will not be responsible or liable for any damage or loss whatsoever arising from the cancellation.

21. Privacy Act 2020
21.1 The Customer authorises the Electrician or the Electrician’s agent to:
21.1.1 access, collect, retain and use any information about the Customer;
21.1.1.1 (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
21.1.1.2 for the purpose of marketing products and Works to the Customer.
21.1.2 disclose information about the Customer, whether collected by The Electrician from the Customer directly or obtained by the Electrician from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
21.2 Where the Customer is an individual the authorities under clause 21.1 are authorities or consents for the purposes of the Privacy Act 2020.
21.3 The Customer shall have the right to request the Electrician for a copy of the information about the Customer retained by the Electrician and the right to request the Electrician to correct any incorrect information about the Customer held by the Electrician.

22. Construction Contract Act 2002
22.1 The Customer hereby expressly acknowledges that:
22.1.1 the Electrician has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
22.1.1.1 the payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or
22.1.1.2 a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or
22.1.1.3 the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to the Electrician by a particular date; and
22.1.1.4 the Electrician has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
22.1.2 if the Electrician suspends work, it:
22.1.2.1 is not in breach of Contract; and
22.1.2.2 is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
22.1.2.3 is entitled to an extension of time to complete the Contract; and
22.1.2.4 keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
22.1.3 if the Electrician exercises the right to suspend work, the exercise of that right does not:
22.1.3.1 affect any rights that would otherwise have been available to the Electrician under the Contract and Commercial Law Act 2017; or
22.1.3.2 enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of the Electrician suspending work under this provision.

23. General Terms
23.1 If the Electrician fails to enforce any term or provision contained in these Terms or the Contract, it shall not be treated as a waiver of that term or provision. Such waiver will not affect the Electrician’s right to enforce such term or provision.
23.2 The Contract is governed by, and must be interpreted in accordance with, the laws of New Zealand and is subject to the jurisdiction of the Courts of New Zealand
23.3 The Electrician shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Electrician of the Contract.
23.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Electrician nor to withhold payment of anyInvoice because part of that Invoice is in dispute.
23.5 The Electrician may engage or sub-contract all or any part of its rights and obligations under these Terms without the Customer’s consent.
23.6 The Customer shall give the Electrician not less than fourteen (14) working days’ prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address ,contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Electrician as a result of the Customer’s failure to comply with this clause.
23.7 These Terms may be amended by the Electrician at any time. If any changes are made to theseTerms the Electrician will notify the Customer of such changes in writing. The changes will not take effect until the Customer has been notified of the change. By instructing the Electrician to undertake further works the Customer will be deemed to have accepted the changes.
23.8 Neither party shall be liable for any default under these Terms due to any act of God, pandemic, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
23.9 The Customer warrants that it has the power to enter into this Contract and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this Contract creates binding and valid legal obligations on it.Any illegality, unenforceability or invalidity of a provision of the Contract does not affect the legality, enforceability or validity of the remaining provisions of the Contract.

24. Personal Guarantee
24.1 If the Customer is a limited liability company, then, unless agreed otherwise between the parties, in consideration of the Electrician agreeing to supply the Customer with the Works, and the Materials, the director(s) of the Customer company agrees to personally guarantee all of the obligations owed by the Customer to the Electrician, including but not limited to the payment of all monies owed at any time by the Customer to the Electrician.
24.2 This guarantee will be continuing security for all future obligations the Customer owes to the Electrician until the guarantee is cancelled in writing. Any cancellation will only cancel the guarantor’s liability in respect of future obligations of the Customer to the Electrician.
24.3 Where the Electrician requires the director(s) to provide such a guarantee the director(s) will sign the attached guarantee form before any Works or Materials are supplied.

25. Assignment or Subcontracting
25.1 The Electrician is entitled at any time to assign or subcontract all or any part of its rights and obligations under the Contract without the Customer’s consent.
25.2 The assignee will be entitled to claim full rights of set off or counter claim against theCustomer, its charge holders or successors in respect of the debt or part of the debt which is assigned.
25.3 The Electrician will provide notice to the Customer of any assignment or subcontracting of its rights under the Contract where reasonably possible.
25.4 The Customer must not give any instructions directly to any of the Electrician subcontractors without the Electrician’s prior written consent.
25.5 The Customer is not entitled to assign or subcontract its rights under this Contract.

________________________________Customers Signature Accepting Terms

_________/_________/_________Dated

Personal Guarantee (to be signed by a director if the Customer is a limited liability company)In consideration of the Electrician agreeing to provide the Works and their Works and to supply the Materials to____________________________________ (“Customer“), I, as a director of theCustomer, agree to personally guarantee all of the obligations owed by the Customer to the Electrician including but not limited to the payment of all monies owed at any time by the Customer to theElectrician. This guarantee is continuous and remains in effect at all times until all obligations of theCustomer have been fully discharged or cancelled in accordance with the Electrician’s Terms of Trade.If there is more than one guarantor, we acknowledge that our liability is joint and several.

Guarantor Signature: ___________________________Date__________________________________
Guarantor Name: ______________________________Position Held:__________________________
Guarantor’s Home Address:___________________________________________________________