Terms & Conditions

PCI ELECTRICAL Ltd (the Contractor), TERMS AND CONDITIONS

APPLICATION OF THESE TERMS

1. These terms and conditions of trade (“Terms”) will, unless otherwise agreed in writing, apply to all Works provided by the Contractor to the Customer.

2. The Customer is taken to have accepted and be bound by these Terms if the Customer accepts a quote, places an order for and/or accepts delivery of any Works.

PRICE & PAYMENT

3. At the Contractor’s sole discretion, the Price will be, either:
in accordance with any quote provided by the Contractor; or as indicated on any invoice provided by the Contractor to the Customer.

4. The Price specified in any quote from the Contractor to the Customer will be valid for the period/s stated in that quote.

5. Unless otherwise stated in writing, the Customer will be charged for the Contractor’s travel costs in the manner that the Contractor chooses.

6. The Contractor reserves the right to change the Price:

6.1  if a variation to the Materials which are to be supplied is requested; or

6.2  if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or

6.3  where additional Works are required due to the discovery of hidden or unidentifiable difficulties which are only discovered on commencement of the Works; or

6.4  in the event of increases to the Contractor in the cost of labour or materials which are beyond the Contractor’s control.

7. Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by the Contractor, which may be:

7.1  on completion of the Works; or

7.2  by way of progress payments in accordance with the Contractor’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;

7.3  the date specified on any invoice or other form as being the date for payment;

8. Payment will be made by electronic/online banking, or any other method agreed between the Customer and the Contractor.

9. The Contractor may require the payment of a deposit upon request.

10. In addition to the Price, the Customer must pay to the Contractor an amount equal to any GST the Contractor must pay for any provision of the Works. 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.

11. The Customer will 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 Contractor or to withhold payment of any invoice because the invoice is in dispute unless the request for payment by the Contractor is a payment claim under the Construction Contacts Act 2002, in which case the Customer must comply with the provisions under that Act relating to payment schedules.

VARIATIONS

12. The Customer (and where applicable in these Terms, the Contractor) may, by written notice, order any variations to the Works that:
Increase or decrease the quantity of any Work; Omit any Work; Change the character or quality of any Material or Work;
Require additional Work to be done; or Change the level, line, position, or dimensions of any part of the Works, and such order will be a variation.

CUSTOMER RESPONSIBILITIES

13. The Customer will:

13.1  provide the Contractor with clear and unobstructed access to the Site. If the Contractor moves anything on or about the Site to safely perform the Works (as determined by the Contractor from time to time), this will be done at the sole risk of the Customer. Any damage to the Customer’s property and/or the Site will not be the responsibility of the Contractor unless it is due to the negligence of the Contractor.

13.2  be responsible for any materials the Customer supplies. Any additional costs and/or delays incurred because the materials provided are not fit for purpose will be the Customer’s sole responsibility in all things.

TITLE

14. Ownership of the Materials will not pass to the Customer until the Customer has paid all amounts owing to the Contractor and met all the Customer’s other obligations to the Contractor.

15. Risk for the materials will move to the Customer as soon as they accept delivery.

INADVERTENT MISREPRESENTATION

16. Notwithstanding any rights the Customer may have under the Contract and Commercial Law Act 2017, the Customer agrees that if the Contractor has made an inadvertent misrepresentation to the Customer, the parties will first seek to resolve any adverse consequence that misrepresentation may have caused by good faith negotiations and otherwise in accordance with the dispute resolution process in clause 18.

WARRANTIES

17. To the extent permitted by law: Contractors’ workmanship for 12 months and all materials warranty is passed on to the customer at completion of the contractors works.

DISPUTE RESOLUTION

18. If a dispute arises in connection with these Terms (“Dispute”), the parties must enter negotiations in good faith to try to resolve the Dispute. A party may initiate the negotiations by giving written notice to the other party in Dispute and naming its representative in that notice. The other party in Dispute must promptly name its representative in the negotiations. Each representative must have authority to settle the Dispute. Within 10 days of the parties in Dispute having advised each other of their representatives, the representatives must enter negotiations to try to resolve the Dispute.

19. If the Dispute cannot be resolved by the parties within 10 days after it has been notified, then at the request of either party, the parties will in good faith seek mediation.

DEFAULT AND CONSEQUENCES OF DEFAULT

20. Notwithstanding any other rights and remedies available to the Contractor, if the Customer is in breach of its obligations under the Terms, the Contractor will: Notify the Customer of the breach in writing; and Give the Customer the opportunity to remedy the breach within a reasonable period.

21. If the Customer does not remedy the breach notified under clause 20 within the period specified in the notice, the Contractor may terminate or suspend the Works to the Customer by giving reasonable notice.

22. The Contractor may charge interest on overdue invoices daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per calendar month compounding monthly.

23. The Contractor will not be liable to the Customer for any loss or damage the Customer may suffer as a result of the Contractor exercising any of its rights under this agreement.

COMPLIANCE WITH LAWS

24. The Customer and the Contractor will comply with the provisions of all statutes, regulations and bylaws that may apply to the Works, including but not limited to the Health and Safety at Work Act 2015 relating to building/construction sites and related Electrical (Safety) Regulations 2010.

25. The Customer is responsible to ensure that the Site will comply with any occupational health and safety laws to the satisfaction of the Contractor. Until the Contractor is satisfied that the Site meets all health and safety requirements, the Works will not commence.

INSURANCE

26. The Contractor will hold public liability insurance of at least $5 million. It is the Customer’s responsibility to ensure that they hold appropriate contract works and existing structure(s) and contents insurance for the Site and Works.

CANCELLATION AND EFFECTS OF CANCELLATION

27. Unless otherwise agreed in writing, either party may cancel these Terms and/or any contract or agreement that is subject to these Terms by giving reasonable written notice of cancellation (“Cancellation Notice”). On expiry of the period specified in the Cancellation Notice (“Cancellation Date”), the applicable document(s) will be cancelled but without prejudice to the rights of either party against the other.

28. In the event of a cancellation under clause 27: All amounts owing by the Customer to the Contractor as at the Cancellation date (including but not limited to any Materials purchased but not yet delivered to the Site) will become due for payment by the Cancellation Date; and neither party will be liable for any damage or loss to the other arising from the cancellation.

GENERAL TERMS

29. These Terms are governed by and interpreted in accordance with the laws of New Zealand and are subject to the jurisdiction of the Courts of New Zealand.

30. To the extent permitted by law, the Contractor’s liability to the Customer for any loss and/or expense arising by the Contractor’s breach of these Terms will be limited to actual loss suffered by the Customer as a direct result of the Contractor’s wilful default. The Contractor’s liability will be limited to a sum equivalent in aggregate to the relevant quoted prices.

31. Both parties warrant that they have the power to enter into these Terms and have obtained all necessary authorisations to allow it to do so, are not insolvent and that these Terms create binding and valid legal obligations on them.