TERMS & CONDITIONS
1. General
1.1 These Terms and Conditions (“Terms”) apply to all goods and services supplied by On Point Electrical Ltd (“we”, “us”, “our”) to the Customer (“you”).
1.2 These Terms form the entire agreement unless otherwise agreed in writing.
1.3 Acceptance of Terms
You are deemed to have accepted and are bound by these Terms if you:
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accept a Quote or Estimate (verbally, electronically, or in writing);
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instruct us to commence work;
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allow work to commence on site; or
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accept delivery of Goods or Services.
These actions create a binding agreement whether or not signed.
1.4 These Terms are governed by the laws of New Zealand.
2. Definitions
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Vendor / We / Us: On Point Electrical Ltd
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Customer / Client / You: Any person, company, or trust engaging us
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Guarantor: Any director, trustee, or person personally guaranteeing obligations
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Account: Any credit account held with us
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Goods: All materials and equipment supplied
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Services: All electrical work and labour
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Quote: A fixed price contract for a defined scope
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Estimate: An indicative price only (not fixed)
3. Authority of Customer
3.1 If the Customer is a company or trust, each director or trustee warrants they are authorised to enter into this agreement.
3.2 We may rely on instructions from any person who appears to have authority.
4. Personal Guarantee
4.1 Where the Customer is a company or trust, each director or trustee:
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personally guarantees payment of all amounts;
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is jointly and severally liable with the Customer.
4.2 This guarantee is continuing and remains despite any waiver or delay.
4.3 We may enforce this guarantee without first proceeding against the Customer.
5. Quotes, Estimates and Pricing
5.1 Quotes are valid for 30 days.
5.2 All prices are exclusive of GST.
5.3 A Quote is a fixed price contract based on known conditions.
5.4 An Estimate is indicative only. Work under an Estimate will be charged on a time and materials basis unless converted to a Quote.
5.5 We may vary pricing where:
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additional work is required
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site conditions differ
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costs increase beyond our control
6. Payment Terms
6.1 Payment is due 7 days from invoice date, unless agreed otherwise.
6.2 We may issue:
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deposits
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progress invoices
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material invoices
6.3 Payment must be made in full without set-off.
7. Overdue Accounts
7.1 Interest will be charged at 2.5% per month (30% per annum) on overdue amounts.
7.2 We may:
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suspend work
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withhold supply
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require payment in advance
7.3 You must pay all recovery costs including legal and debt collection costs.
7.4 Security
You charge all present and after-acquired property as security for amounts owing and agree to execute documents required to enforce this.
8. Disputed Invoices
8.1 Any disputes must be raised before the due date.
8.2 Undisputed amounts must still be paid.
9. Ownership and Risk
9.1 Ownership of Goods remains with us until paid in full.
9.2 Risk passes to you upon delivery to site.
9.3 You are responsible for loss, theft, or damage from that time.
9.4 We may recover Goods if payment is overdue.
9.5 We may register a security interest under the Personal Property Securities Act 1999.
10. Client-Supplied Materials
10.1 You are responsible for suitability and compliance.
10.2 We are not liable for defects.
10.3 Additional costs will be charged.
11. Site Access and Conditions
11.1 You must provide safe access.
11.2 You must identify hazards and services.
11.3 Delays or restrictions may incur costs.
12. No Reliance and Scope of Work
12.1 You acknowledge you have not relied on representations not recorded in writing.
12.2 Only work expressly stated is included.
12.3 Additional or unforeseen work is a variation.
13. Workmanship and Compliance
13.1 Work complies with New Zealand standards including AS/NZS 3000.
13.2 Workmanship warranty: 12 months.
13.3 Materials are covered by manufacturer warranties only.
14. Consumer Guarantees Act
14.1 Rights under the Consumer Guarantees Act 1993 are not limited.
14.2 Where services are acquired for business purposes, the Act does not apply.
15. Limitation of Liability
15.1 No liability for indirect or consequential loss.
15.2 Liability limited to re-supply or cost of re-supply.
16. Delays and Force Majeure
16.1 No liability for delays beyond control.
17. Privacy
17.1 Information may be used for credit and recovery purposes in accordance with the Privacy Act 2020.
18. Dispute Resolution
18.1 Disputes to be resolved in good faith, then mediation/arbitration.
19. General
19.1 No waiver by delay.
19.2 Invalid clauses do not affect the rest.
19.3 Terms may be updated.
20. Acceptance
Engaging On Point Electrical Ltd confirms acceptance of these Terms.