Cleven Electrical Ltd
69 Adams Road, Rd 1, Pukekohe, 2676, New Zealand
I/we agree to the terms of supply for Cleven Electrical Ltd (hereafter, “the company”) as indicated below and I/we understand and agree that if the supply agreement with the company is in the name of a company, (not an individual) that we will advise the company of any change of ownership or status immediately, and if the supply agreement is with an individual, then that individual is responsible for the account. I/we also accept responsibility to obtain all permits and to obey all the rules and regulations required to carry out the work safely.
DISCONNECTION OF SERVICES
I/ we give the company permission to disconnect the electricity if required, I/we also understand that if any faults are discovered during this process, then repairs must be made before the service is reconnected at our expense.
ACCESS
I/we will allow or arrange access to the site for the company for the purpose of carrying out the work; I/we understand that the company will not accept responsibility for delays that result from restricted access caused by the client or other parties.
SCOPE OF WORK
The company undertakes to carry out the work as quoted with reasonable skill and care and to carry out the work within the time frames agreed on acceptance of our proposal. Delivery of the goods will take place at a mutually agreed time.
ADDITIONAL WORK
I/we understand and agree that the Company will carry out additional safety work as required up to the value of $250.00; if work exceeds that figure the Company will contact me/us first.
CONSTRUCTION CONTRACTS ACT
I/we understand that goods and services supplied by the company are done so under the rules of the Construction Contracts Act and any disputes must be set out in the payment schedule served on the company within 20working days of receipt of invoice.
DISPUTES
If I/we are not satisfied with any aspect of the services supplied, I/we must advise the Company within 7 days of completion. If I/we do not do so, then the Company will not have any further liability in respect of alleged defects. Further, the Company are not liable for any consequential damages or loss occasioned by any claim in respect of the services supplied. The total liability to the Company for any loss or damage in such circumstances is in any case capped at the priceagreed between us for supply of services.
INSURANCE
I/we confirm that we have arranged insurance over the goods and services provided by the company before they are paid for and that any proceeds of that insurance will be paid to the company.
ADDITIONAL WORK
I / we agree to pay any additional costs incurred by the Company for changes to the job or specification, hidden or unidentifiable difficulties on site, any damage or disruption out of the companies control, scaffolding if required, anddelays caused by the actions or lack of action by any party working on or off site.
CONSUMER GUARANTEES ACT 1993
I/we acknowledge that goods and services supplied for trade or business purposes are not covered by the Consumer Guarantees Act 1993.
SUPPLY INSTALLATION AND CONSTRUCTION
All equipment supplied and built by the company will comply with Health & Safety and other relevant regulations. I/we agree to advise the company if there are any alterations changes or movements made to their plant and materials onsite. I/we understand we take responsibility for any injury or damaged caused by any alterations or changes made to installations.
PAYMENT TERMS
I/we agree to pay our account by 20th of the following month. I/we also understand and agree to pay any interest costs at the current bank business overdraft rate plus 2% calculated daily from the date when payment was due, as well as any collection charges, legal fees, and any other costs incurred in the event of late payment. We also understand that the company reserves the right to allocate payments against individual items on invoices and not necessarily the whole of an invoice. I/we understand that we cannot off set payments against any claims or money that we may believe is owing to us by the company.
HEALTH AND SAFETY
I/we understand that the company will adhere tothe rules and procedures of the Health andSafety at Work Act 2015 but will not beresponsible for delays caused by others who donot follow the correct work site safety policy.
DAMAGE TO GOODS OR EQUIPMENT
I/we understand the risk of damage or loss restswith us, the purchaser, and that all goodssupplied must be insured by us against loss ordamage and that we must inform the company ifthe goods hired or supplied are damaged or atrisk of damage or contamination immediately.
REPAIRS AND DAMAGE
I/we accept that we are responsible for anydamage caused to plant or hire equipment, onsite, and that we will be invoiced accordingly forthe cost of repairs.
RESERVATION OF TITLE
I/we agree that title in any goods supplied isreserved by the Company, and that all goods soldremain the property of the company until receiptof full payment. The company reserves the right to register an interest on the Personal Property Security Register (PPSR) on plant materials andequipment supplied without forwarding averification statement. I/we understand thathardware and joinery are part of the fit out notthe building and can be registered on the PPSRand removed if not paid for. I/we alsounderstand and agree not to rehire or supplymaterial and equipment supplied by thecompany, to a third party.
I/we agree that in the event of a payment defaultor in the event of disregard for the terms of thisagreement by the purchaser, then the Companyare entitled (for themselves or through any agentor employee) to come on to any land, where thegoods supplied or leased, are being held or used,to uplift them.
FORCE MAJEURE
The Company is not liable for failure or delay insupply or delivery occasioned by strike, industrialdispute, natural disaster, shortage orunavailability of stocks, delay in transit, importrestriction, fire, flood, hostilities, Covid or similarpandemics, commotions or whatever beyond theCompany’s reasonable control.
CANCELLATION AND SUSPENSION
I /we agree and understand that the companyreserves the right to cancel any contract if in thecompany’s opinion there a safety or commercialrisk in continuing to supply. I/we also understandand agree that this supply contract is covered bythe rules of the Construction Contracts Act andthat the company has the right to suspendservices in the event of late payment, provided itdoes so within the rules of the.
PRIVACY ACT
I/we give authority for the Company to hold mypersonal information and authorise any personor company to provide the Company withpayment habits and trend details of this jobinstruction and any future dealing I/we may haveas a result of this job instruction. I/weunderstand that this information is collected forthe purposes of establishing my credit rating.I / we the Purchaser hereby agrees to be boundby the above conditions
WARRANTY
I/we understand that for goods notmanufactured by the company, the warrantyshall be the current warranty provided by themanufacturer of the Goods. I/we understandthat the company shall not be bound by nor beresponsible for any term, condition,representation, or warranty other than thatwhich is given by the manufacturer of the parts. No warranty shall be given in relation to secondhand Goods supplied unless otherwise agreed in writing or where the Goods are covered by a transferable manufacturer’s warranty. The Client acknowledges and agrees that the Client shall have purchased the Goods on an “as is where is”basis.
I / we the Purchaser hereby agrees to be boundby the above conditions.
