Compass Energy Ltd contract for domestic work Trading terms and conditions
A 10% non refundable Deposit is required upon acceptance of quote before any job will be booked in, unless agreed otherwise. Upon receipt of the Customer’s deposit, the Customer is deemed to have accepted these Trading Terms. The purpose of this agreement is to set out the legal contract between the Contractor and the Client.
The terms of this Agreement are:
1. Specification and requirements
1.1. This agreement is for the self-employed contractor to complete the Project for the Client, at the price written in the Specification.
1.2. The Contractor alone responsible for all taxes arising on money received from the Client and indemnifies the Client against any demand or obligation in respect of such tax.
1.3. The contractor is registered for GST, [125-645-321].
1.4. The Client alone is responsible for all statutory or other governmental notices, permissions and requirements and the Contractor is entitled to assume that the work quoted is fully compliant.
1.5. All work shall be to the satisfaction of the local authority electrical inspector;
1.6. The Contractor agrees to provide staff of an appropriate level of skill and experience to work on the Project.
1.7. When the work is complete, the site will be left clean and tidy.
1.8. If any stipulation as to time is made as to commencement or completion of the performance of the contract, the same shall be deemed to be an estimate only and time shall not be of the essence, unless otherwise agreed in writing by the Contractor. The Contractor will not be liable for any loss attributable to any delay in respect of the commencement or completion of the Contractors work or the lack of co- ordination and integration between the Contractors works and any works undertaken by a third party.
2. Interruptions and expense
The Client’s attention is drawn to the following special requirements, interruptions and expenses. Delays caused by these or other extraneous factors will be charged by the hour and as an extra cost to any quoted work.
2.1, Any variation to work from what is initially agreed on will be charged accordingly.
2.2. The work could be delayed by inclement weather.
2.3. It is assumed that the Client will have told neighbours about the work / noise / disturbance and obtained any necessary permissions.
2.4. Extra time will be incurred if the Client fails to provide a cleared work space as agreed.
2.5. Access to the site will be provided by the Client. If any delay is caused by lack of access, for example if a delivery cannot be dropped, time lost will be charged to the Client.
3. Account and expenses
3.1. A 10% deposit of the quotation price is to be paid before any materials will be ordered, allowing at least 5 working days for the materials to be ready.
3.2. Upon completion of the Project, the Contractor shall submit a final account. Payment shall be due within seven days of the invoice date.
3.3. The account shall include whatever reasonable expenses the Contractor has incurred in working on any Project provided such expenses have been approved in advance by the Client and are evidenced by receipts or vouchers.
3.4. A complaint or rejection of some item of work done on the Project does not entitle the Client to hold back payment for any other part of the work.
3.5. The Contractor reserves the right to charge the Client interest in respect of the late payment of any money due under this agreement (both before and after judgment) at the rate of 5 percent above the base rate from time to time of the Reserve Bank of New Zealand from the due date until receipt of payment. This will calculated on a daily basis.
3.6. A cheque is accepted in payment only after it has been cleared.
3.7. Without regard to the reason why this agreement ends, the Client will pay the Contractor for all work done to the time the notice of termination is received by the Contractor, calculated to the nearest one hour.
3.8. The client agrees that the Contractor may provide any information that the Contractor holds regarding the client, to any debt collection agency or legal representative in the case of any outstanding monies owed to the Contractor by the Client.
3.9. If the Client is an individual, then the Client has rights under the Privacy Act1993 to access and request the correction of any personal information which the Contractor holds about the Client.
3.10. In the case of any default payments, the Client agrees to pay all costs incurred by the Contractor associated with recovering the outstanding amount, including legal representatives and/or debt collection agencies plus default interest rates as in clause 3.5.
4. Safety and insurance
4.1. The Client warrants that any plant and equipment he supplies for the use of the Contractor is safe to use and free from any defect. He confirms that he has checked any ladder or step-ladder or electric tool within the last 12 months.
4.2. The Contractor undertakes to obtain insurance against liability for professional negligence in work done under this agreement and against third party liability whilst on the premises of the Client and agrees to provide evidence of the insurance to the Client upon request.
4.3. The Client undertakes at all times to maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to the Contractor.
5.1. In this paragraph, “Damage” means both economic loss, loss of reputation and damage to reputation, feelings, work or professional standing and “Personal Information” means any information about or in connection with, a party to this agreement.
5.2. Each of the parties now undertakes for the benefit of the other that he will not:
5.2.1 Divulge to any person whatever or otherwise make use of any Personal Information relating to the other, which he learns as a result of this contract or any circumstance flowing from the contract;
5.2.2 Post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other of us.
5.3. The parties agree that any Damage arising directly or indirectly from a breach of the above provisions must be compensated on the basis of the effect on the damaged party. 5.4. The Client accepts personal liability for compliance with these provisions by members of his family and staff and the Contractor undertakes to make all employees, agents and
sub-contractors aware of the confidentiality of Personal Information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by those people with these provisions. 5.5. No matter how this contract ends, this paragraph shall be effective for ten years from today.
6. Limitation of liability
6.1. This paragraph applies to all of:
6.1.1 A defect in work done or not done
6.1.2 A breach of any contractual obligation arising under this agreement
6.1.3 Negligence or any other sort
Any of the foregoing shall be known as a ‘Default’.
6.2. The following provisions set out the Contractor’s entire liability (including any liability for the acts and omissions of his employees) to the Client for any Default.
6.3. The Contractor shall have no liability to the Client in respect of a Default unless the Client has given him written notice of it within 14 days of the date he became aware of the Default or the date when he ought reasonably to have become aware of it.
6.4. The Client agrees to give the Contractor not less than 14 days in which to put right the Default.
6.5. If a number of Defaults give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.
6.6. The Contractor shall not be liable to the Client in respect of a Default, for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Contractor had been advised of the possibility of the Client incurring it.
6.7. The Contractor’s entire liability in respect of any Default shall be limited to damages of an amount equal to the total Price paid by the Client for this Project.
7. Uncontrollable events
7.1. If either party cannot perform this agreement for a reason beyond his reasonable control for a continuous period of four weeks then either party may, at his discretion, terminate this agreement by notice in writing at the end of that period.
7.2. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and his employees.
7.3. If the agreement is terminated, all money due from one party to the other becomes due immediately.
7.4. Costs arising from the delay or stoppage will be borne by the party incurring those costs;
7.5. Regardless of the reason for stoppage or delay, if it continues for more than 30 days, either party may terminate this agreement with immediate effect on giving written notice to the other. The notice must specifying a date at least 7 days ahead, when the termination will take effect.
7.6. The party claiming the uncontrollable event will take all necessary steps to perform this agreement despite the uncontrollable event.
7.7. So long as the uncontrollable event continues the Client may contract with others for the supply of any goods and/or services which the Contractor has failed to supply as required by this agreement.
8. Miscellaneous matters
8.1. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
8.2. So far as any time, date or period is mentioned in this agreement, or in any specification, time shall be of the essence.
8.3. If any term or provision of this agreement is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
8.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 8.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
8.6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e- mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery, or; if sent by post to the correct address: within 72 hours of posting.
8.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
8.8. This agreement does not give any right to any third party. 8.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
8.10. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in New Zealand.
9. Default and Consequences of Default
9.1. Interest on overdue invoices shall accrue 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 (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
9.2. If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, collection agency costs, and bank dishonour fees).
9.3. Without prejudice to any other remedies the Supplier may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the provision of Works to the Client.
9.4. The Supplier will not be liable to the Client for any loss or damage the Client suffers because the Supplier has exercised its rights under this clause.
9.5. Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due; or (b) the Client 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 (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
10.1. The Supplier may cancel any contract to which these terms and conditions apply or cancel the provision of the Works at any time before the Works have commenced by giving written notice to the Client.
10.2. On giving such notice the Supplier shall repay to the Client any sums paid in respect of the Price.
10.3. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.4. In the event that the Client cancels the provision of the Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by the supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).
10.5. Cancellation of orders for Materials made to the Client’s specifications, will definitely not be accepted once production has commenced, or an order has been placed.
11.1. The Client shall inspect the Works on completion and shall within seven (7) days of such time (being of the essence) notify the Supplier of any alleged defect, error or omission, shortage in quantity, damage or failure to comply with the description or quote.
11.1. The Client shall afford the Supplier an opportunity to inspect the Works within a reasonable time following such notification if the Client believes the Works are defective in any way.
11.2. If the Client shall fail to comply with these provisions the Works shall be presumed to be free from any defect or damage.
11.3. For defective Works, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) rectifying or re-providing the Works.
11.4. Materials will not be accepted for return other than in accordance with the above.