Essential Terms and Conditions for Electrical Services

1. Acceptance and Agreement

1.1. Acceptance of Terms: By accepting a quote, confirming an order, or instructing the Contractor (Step3 Electricians Ltd) to commence any work (the "Works"), the Client is deemed to have exclusively accepted and is immediately bound by these Terms and Conditions.

1.2. Authority: The Client warrants that they have the authority to contract with the Contractor for the Works and that the site is ready and safe for the Works to commence.

2. Price, Quote, and Payment Terms

2.1. Price: The Price for the Works shall be the amount stated in the Contractor's written quote/estimate, or where no quote is provided, at the Contractor’s standard hourly rate plus the cost of materials and consumables.

2.2. Variations (Additional Works): The Contractor reserves the right to charge an increased Price where:

a. A variation to the original scope of Works is requested by the Client.

b. Additional Works are required due to the discovery of hidden or unidentifiable difficulties (e.g., poor weather, asbestos, inaccessible walls/ceilings, existing defective or non-compliant wiring, or incorrect information provided by the Client).

c. The cost of labour or materials increases beyond the Contractor's control between the quote date and commencement of Works.

Any request for a variation must be documented in writing (e.g., email or text) and will be added to the invoice.

2.3. GST: Unless otherwise stated, the Price does not include Goods and Services Tax (GST), which the Client must pay in addition to the Price.

2.4. Payment: The Client must pay the Price (and any GST) in full and without set-off or deduction by the date specified on the invoice, typically [e.g., 7 days] from the invoice date or immediately upon completion of the Works.

2.5. Default and Interest: If the Client defaults on payment, the Contractor may charge interest on the overdue amount daily at a rate of [e.g., 2.5%] per calendar month, compounding monthly, from the due date until the date of payment. The Client shall also be liable for all costs incurred by the Contractor in recovering the debt (e.g., debt collection fees and legal costs).

3. Client's Responsibilities and Site Access

3.1. Clear Access: The Client must ensure the Contractor has clear, safe, and free access to the worksite at all reasonable times to carry out the Works.

3.2. Underground/Hidden Services: Prior to commencement, the Client must accurately advise the Contractor of the precise location of all hidden services (including electrical, gas, sewer, water, irrigation, and telecommunications cables).

3.3. Indemnity for Unidentified Services: The Client agrees to indemnify the Contractor against any liability, claim, loss, or damage resulting from damage to any services that were not precisely located and notified by the Client.

4. Ownership of Materials (Title)

4.1. Retention of Title: Ownership (Title) of all materials supplied for the Works does not pass to the Client until the Client has paid all amounts owing to the Contractor in full.

4.2. Risk: Risk of damage or loss to the materials passes to the Client upon delivery to the worksite, even if installation has not yet begun.

5. Warranties and Compliance (NZ Law)

5.1. Workmanship Warranty: The Contractor warrants that all prescribed electrical work will be carried out by a registered electrical worker and will comply with the New Zealand Wiring Rules (AS/NZS 3000) and all relevant New Zealand legislation.

5.2. Certificate of Compliance (CoC): Upon completion of prescribed electrical work, the Contractor will issue a Certificate of Compliance (CoC) in accordance with the Electricity (Safety) Regulations 2010.

5.3. Liability and Exclusions: The Contractor is not liable for any defects or failure of the Works where it is caused by:

a. Misuse, abuse, or neglect of the work or materials by the Client or a third party.

b. Wear and tear, accidents, or acts of nature (e.g., lightning or power surges).

c. Repair, alteration, or modification of the work by anyone other than the Contractor.

5.4. Consumer Guarantees Act (CGA): Where the Client is contracting for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply. Where the CGA does apply, nothing in these terms is intended to contract out of the Act.

6. Limitation of Liability

6.1. Indirect Loss: The Contractor is not liable for any indirect, incidental, or consequential loss or damage, including loss of profit or revenue, arising from the Works.

6.2. Maximum Liability: The Contractor’s total liability to the Client for any and all claims arising out of or in connection with the Works shall be limited to the total Price of the Works as outlined in the accepted quote.

7. Dispute Resolution

7.1. Good Faith Negotiation: If a dispute arises, both parties agree to first enter into good faith negotiations to resolve the matter.

7.2. External Resolution: If the dispute cannot be resolved through negotiation, either party may refer the matter to an independent mediator or, where applicable, proceed under the Construction Contracts Act 2002 or the Disputes Tribunal.