Steel Electrical Terms and Conditions
No one likes the small print.
While it might feel a bit time-consuming to read the fine print, we do believe it is the best way to manage expectations and avoid any surprises. Our terms of trade set out what we will deliver to you and what we expect from you. The last thing we want is a mismatch in understanding and a poor outcome for you, the client.
We believe in providing great service and we take pride in our standards. The terms of trade below serve as the criteria for all of the work we carry out. These terms override any agreements made in person, over the telephone, or in any other communication.
When you ask Steel Electrical Limited to carry out work on your behalf, you agree to uphold your obligations under these terms of trade.
If you have any questions, please contact us on our office number 0508 SOLAR (76527) or email us at office@steelelectrical.co.nz. If you are unhappy with the work we provide, or have any problems or comments, please let us know immediately. We will do our best to fix any problems right away. If you do not give us feedback or if you delay payment, it makes it difficult for us to put things right.
We take pride in what we do and would love for you to use us again and tell your friends. You can be sure that we want you to get the outcome you are after, as much - if not more- than you do.
You can contact us the following ways:
Office Number: 0508 276527
Email: office@steelelectrical.co.nz
Facebook: www.facebook.com/SteelElectrical
Our Charges (all +GST)
Minimum charge is a service fee of $160 + gst
This includes the first 30 minutes for a tradesperson onsite, health and safety charges and travel.
Description/Charge
Technician-Tradesperson: $97.20 per hour + GST
Apprentice: $68.40 per hour + GST
Apprentice (Senior): $78.50 per hour + GST
Vehicle Service Charge: $35.00 per site visit + GST
Health and Safety Tariff: 1.75% of invoice value + GST
After Hours Call Out Fee: $184.00 per site visit + GST
Cancellation Fee: $150 + GST
Overdue Invoice Charge: $35.00 + GST
Monthly Compounding Interest Charge: 2.50%
After Hours Call Out Fee
We define our normal hours of business from 8.00am-5.00pm Monday to Friday. Work done outside of these hours is subject to an after-hours call out fee.
Vehicle Service Charge
This charge is used to cover the cost of running the vehicles.
Health and Safety Tariff
This charge is applied to every invoice and is used to cover the cost of the company's health and safety obligations such as (but not limited to) personal protective equipment (PPE), training days, health and safety subscriptions and general health and safety policy admin and maintenance.
Overdue Invoice Charge
This charge is added to an invoice if not paid on or before the due date, it is to cover the cost of administration. The charge will be added to the invoice and the invoice will be reissued to the client. Non-payment after this will result in the Monthly Compounding Interest Charge being applied to the invoice until paid in full.
Parking Permits/Tolls/Paid Parking
If in the course of undertaking work for you, we are required to pay for parking or any other vehicle travel costs, these will be passed on to you.
After Hours Work
If, in the course of a job, you ask us to do work which falls outside of normal working hours, we will have to charge you additional fees. If it has been arranged as a call-out, call-out fees will be applied. If not, additional fees will be applied to cover the overtime rates.
Price
The Company’s prices are exclusive of Goods and Services Tax (GST) unless otherwise stated, and the Customer is required to pay GST in addition to the price.
A vehicle service fee will be added to all invoices produced by the Company, unless otherwise agreed. This charge covers costs associated with the Company’s vehicle fleet including but not limited to; fuel, road user charges, and general warranty and maintenance costs.
Labour costs include any time spent travelling to and from the workshop to the Customer, including any time taken to procure any materials and goods required for the job. Labour costs also include administration in relation to the job.
Cancellations/Rescheduling Appointments
We are always happy to reschedule an appointment free of charge.
If you need to cancel your appointment, please provide us with at least 24 hours’ notice.
A cancellation fee may apply to appointments that are not cancelled within 24 hours of your appointment.
A cancellation fee will apply if appointments are attended as per booking details, but the client is absent (client has forgotten about the appointment etc) or access is restricted (client has locked gate / door that was to remain open etc).
Payment
For call-out jobs and emergency jobs, payment is due when the work is complete, unless we have made other arrangements. If you have been sent an invoice, payment is due as per the payment date on the invoice.
Once your job is complete, you will be sent a final invoice by email.
Please let us know before work commences if you would prefer an invoice to be mailed to you, as our default communication is email.
Deposits
Some jobs will require a deposit before work commences
If a deposit invoice is sent and remains unpaid before the work commences, we reserve the right to halt work until payment is made. We also reserve the right to cancel the contract entirely, if payment is late or delayed.
Progress Invoices
Progress invoices are claims for work done on site, before the entire job is completed. This covers labour and materials for work done to date. The cost of materials and the amount of time spent on your job will dictate whether you will be sent progress invoices.
As part of our agreement, you accept to pay these progress invoices when they are due. You understand that you cannot withhold payment for any reason.
If for any reason work has paused on your job, you can request an invoice to settle the account by calling the office.
We reserve the right to stop work if progress payments have not been made.
For work extending over more than one month, progress payments will be invoiced at the end of the month and will be payable by the 20th of the month following invoice.
Discounts
Discounts applied to your account are administered at our discretion.
Discounts may be revoked, and the full amount may be charged to you if an invoice remains unpaid for more than 20 days or any other agreed date.
Disputed Invoices
If you need to discuss any aspect of payment, please contact us immediately.
In the event that any part of an invoice is disputed the amount not in dispute will be paid promptly in accordance with the payment terms. Thereafter, the parties agree to use their best endeavors to promptly resolve any dispute of difference between them and the company may, at its option, require the customer to submit mediation with the assistance of a qualified mediator.
The Customer must advise the Company of any dispute relating to their invoice within 7 days of receiving the invoice.
Unpaid Accounts
If payment remains outstanding for over 20 days from the invoice due date a late fee of $35.00 may be added to your account at our discretion.
We reserve the right to charge 2.5% per month compounding interest on a monthly basis for overdue accounts.
Debt Collection costs may be added to invoices that remain outstanding for over 20 days from the due date.
Underground and Hidden Services
Whilst the Company will take all care to avoid damage to any underground or hidden services the Customer agrees to indemnify the Company in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services. This clause is to provide cover against such things as cables / pipes hidden behind walls that become damaged when drilling etc.
Terms of Trade
STEEL ELECTRICAL LIMITED (2008179)
January 15, 2019
Thank you for choosing us.
Please read the terms of trade listed below. You can accept these terms by clicking on the link in the email that this document was attached to. These terms need to be accepted before we begin work at your property.
1. Application of Terms of Trade
1.1…. These terms apply to all trade between the Customer and Steel Electrical Limited. These terms are effective from the above date until these terms of trade are replaced by another document. Unless the context requires otherwise, the following definitions shall apply to these terms of trade.
2. Definitions
Unless the context requires otherwise, the following definitions shall apply to these terms of trade:
2.1…. Steel Electrical Limited means the ‘Company’ and any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies. “Customer” means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer's trustees, executors [if an individual or successors], permitted assigns, and/or administrators.
2.2…. “Goods” means the goods supplied to the Customer by Steel Electrical Limited which are described by item or indicated on the invoice associated with those goods. This also includes any packing or delivery slip supplied by Steel Electrical Limited in respect of the goods.
2.3….“PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.
2.4….“PPSR” means the Personal Property Securities Register under the PPSA.
3. Payment
3.1….The Customer shall pay in full for the goods and services no later than the date specified on the Company's invoice. The Customer shall not have any right of set-off or deduction against the required payment or on account of any money which Steel Electrical Limited may owe the Customer. If the Customer fails to pay the full amount due, on or before the due Steel Electrical Limited (without prejudice to its other rights and remedies) shall be entitled to charge the Customer interest on the amount outstanding from due date until payment.
3.2…. The price for the goods and services supplied by Steel Electrical Limited shall become immediately payable, regardless of any other terms of payment, and Steel Electrical Limited may take immediate action to recover the price. This includes if the Customer is in default under any agreement with Steel Electrical Limited or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors' composition, or has its credit standing impaired in any way.
4. Withdrawal of Credit
4.1…. Steel Electrical Limited may at any time, in its sole discretion, withdraw the provision of credit to the Customer.
5. Delivery and Return
5.1…. Delivery of goods shall be deemed to be made to the Customer when the goods are first dispatched from Steel Electrical Limited premises or collected by the Customer or the Customer's agent. All carriers of goods are deemed to be agents of the Customer.
5.2…. Steel Electrical Limited may stop future deliveries until the Customer has paid for all previous supplies of goods or services supplied by Steel Electrical Limited (whether payment is due or not).
5.3…. If Steel Electrical Limited is unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event) Steel Electrical Limited may suspend delivery or cancel the Customer's order without incurring any liability for loss or damage suffered by the Customer.
5.4…. Goods will only be accepted for return with the prior approval of Steel Electrical Limited. Freight and all other costs associated with the return of goods will be at the Customer's expense unless otherwise agreed in writing by Steel Electrical Limited.
6. Risk
6.1….Goods are at the sole risk of the Customer upon delivery in accordance with clause 4.1 whether received by the Customer or not. This also includes a delay in delivery, even if ownership of the goods has not been passed on to the Customer.
6.2….The Customer shall at all times insure the goods and keep them insured for their full value against all causes including loss or damage by fire and theft. If the goods are lost, damaged or destroyed, the Customer must agree to make a claim against the insurance policy with respect to the lost, damaged or destroyed goods, and to immediately pay the proceeds received to The Customer will remain liable to The Company for any shortfall in the insurance proceeds.
7. Ownership
7.1…. Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. In addition, any proceeds of the sale of goods that has not paid for shall belong to The Company.
7.2…. Notwithstanding the provisions of clause 6.1 regarding Steel Electrical Limited’s ownership of any sale proceeds, until the ownership of the goods has passed on to the Customer, the Customer shall not be entitled to sell or deliver possession of the goods to any other person.
7.3…. Until payment is made for the goods, the Customer shall hold the goods as Bailee for the Company.
7.4…. The Company shall have the right at any time after payment is due, and not made, to enter premises occupied by the Customer and take possession of the goods. The Customer indemnifies the Company for all costs and expenses which the Company may incur in effecting recovery of possession and removal.
7.5…. If the Customer shall cease trading, be placed in receivership or liquidation, become bankrupt or permit the Customers goods to be taken in execution, or compound or make an arrangement with the Customers creditors then, in addition to, and without prejudice to, any other rights or remedies the Company might have, the following shall occur:
- All unpaid accounts in respect to the goods and services supplied by the Customer shall become immediately due and payable, and
- The provisions relating to the Company’s right of entry, repossession and recovery of goods shall apply.
7.6…. This retention of title clause creates a purchase money security interest under the Personal Property Securities Act 1999 (“the Act”) all goods sold by the Company to the Customers. The security interest extends to proceeds of sale of the goods and to any product into which the goods are incorporated or co-mingled.
8. Enforcement and PPSA
8.1…. The Customer irrevocably gives Steel Electrical Limited and its agents the right to enter upon the Customer’s premises (including leased premises), without giving notice and without being in any way liable to the Customer, if Steel Electrical Limited has cause to exercise any rights it has under section 109 of the PPSA.
8.2…. The Customer indemnifies Steel Electrical Limited for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes; but is not limited to, the cost of any debt collection procedures for which the customer may be liable for, on top of the outstanding debt.
8.3…. The Customer waives its right under the PPSA to receive any verification statement from Steel Electrical Limited.
8.4…. The Customer shall immediately notify Steel Electrical Limited in the event that the Customer changes its name.
9. Representations, Warranties, Terms and Conditions
9.1…. To the maximum extent permitted by law, all representations, warranties, terms, and conditions (including any representation, warranty, term or condition expressed or implied by law or otherwise) that are not expressly included in these terms of trade are hereby excluded from the contractual arrangements between Steel Electrical Limited and the Customer. Without limiting the generality of the foregoing, the provisions of the Consumer Guarantees Act shall not apply to the supply of goods or services by Steel Electrical Limited to the Customer where the Customer acquires, or holds himself or herself out as acquiring, the goods or services for the purposes of a business.
9.2…. If Steel Electrical Limited shall be under any liability whatsoever to the Customer then whether such liability be in contract, tort (including negligence or for personal injury) or otherwise and notwithstanding any relief or remedy to which the Customer may be entitled at law or in equity, such liability shall be limited to the price at which the goods or services are supplied to the Customer. This includes the actual loss or damage suffered by the Customer, whichever shall be the lesser.
9.3…. Under no circumstances will Steel Electrical Limited be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.
9.4…. The Company will not be liable in any event if:
- The work has been altered or repaired by any person other than the Company; or
- The work has been subject to excessive wear or tear, or improper or abnormal use or storage.
9.5…. In any event, the Company will not be liable in respect of any claim unless the claim is notified to the Company within:
- 12 months of completion of the work; and
- 7 days of the alleged defect becoming apparent; and
- The Company is given a reasonable opportunity to investigate the claim.
10. Privacy
10.1…. The Customer agrees that Steel Electrical Limited may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of Steel Electrical Limited business, including credit assessment and debt collecting. The Customer consents to any person providing Steel Electrical Limited with such information.
10.2…. The Customer agrees that Steel Electrical Limited may use, for lawful purposes, any information it has about the Customer relating to the Customer's creditworthiness.
10.3….Without limiting the provisions of clauses 9.1 and 9.2, the Customer understands that:
a) Steel Electrical Limited is asking the Customer for personal information about the Customer for the purpose of:
i. obtaining a credit report on the Customer to help assess the Customer’s creditworthiness for the purpose of Steel Electrical Limited opening or reviewing a trading account for the Customer, and.
ii. registering the security interest created by clause 6.1 under the PPSA;
b) Steel Electrical Limited will give the Customer’s personal information to:
i. a credit checking bureau of The Company’s choice and that bureau will hold that information on their system and use it to provide their credit reporting service, and
ii. the Registrar of Personal Property Securities and the Registrar will hold that information on the PPSR which will be available for searching by the public in accordance with the PPSA;
c) The credit reporting bureau will provide Steel Electrical Limited with information about the Customer for the purposes outlined in clause 9.3(a)(i), and when other customers of the credit checking bureau use the credit reporting service the credit checking bureau may give the information to those customers too.
d) The Company may use the credit checking bureau’s credit reporting services in the future for purposes related to the provision of credit to the Customer (including personal credit checks against the Customer), and this may include the use of monitoring services to receive updates if any of the information held about the Customer changes.
e) If the Customer defaults in the Customer’s payment obligations to Steel Electrical Limited, information about that default may be given to the credit reporting bureau and may be provided to other users of that service other than the Customer.
f) The Customer has a right of access to, and may request correction of, personal information held by Steel Electrical Limited or a third party about the Customer. For those purposes, the Customer understands that he or she may contact Steel Electrical Limited at the address set out in the application for credit account to which these terms of trade relate, for information.
11. Amendment
Steel Electrical Limited may amend these terms of trade from time to time. The Customer shall in respect of the supply of any particular goods or services by Steel Electrical Limited to the Customer be bound by the terms of trade applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request at the local branch office of Steel Electrical Limited.
12. General
12.1…. Unless expressly provided otherwise in any written agreement between Steel Electrical Limited and the Customer, these terms of trade, and the application for credit account to which these terms of trade relate, constitute the entire agreement between Steel Electrical Limited and the Customer relating to the supply of goods and services by Steel Electrical Limited to the Customer.
12.2….Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect.
12.3….These terms of trade and the application for credit account to which these terms of trade relate shall be construed in accordance with and be governed by the laws of the Country you reside in. Steel Electrical Limited and the Customer shall submit to the non-exclusive jurisdiction of the Courts in your Country.