Terms & Conditions of Trade
(Last updated: November 2025)
1. Definitions
In these Terms, unless the context requires otherwise:
1.1 “Contractor” means Rangitikei Electrical Services Limited (NZBN: 9429052164545) and includes its officers, employees, authorised agents, successors and permitted assigns.
1.2 “Client” means the person, company, trust or other entity requesting the Contractor to supply Works and/or Materials, and:
(a) where there is more than one Client, means each Client jointly and severally;
(b) includes the Client’s executors, administrators, successors and permitted assigns; and
(c) includes any authorised representative acting on the Client’s behalf.
1.3 “Contract” means these Terms & Conditions of Trade together with any quotation, estimate, work order, proposal, acceptance, invoice or other document issued by the Contractor to the Client which is expressed to form part of the agreement between them.
1.4 “Works” means all electrical and associated services provided by the Contractor to the Client, including without limitation: inspection, testing, fault finding, maintenance, repairs, installation, upgrades, project management and any other work requested by the Client.
1.5 “Materials” means all goods, components, parts, fittings, equipment and other items supplied by the Contractor to the Client in connection with the Works.
1.6 “Worksite” means the address or location nominated by the Client at which the Works are to be carried out and/or the Materials delivered or installed.
1.7 “Price” means the amount payable for the Works and Materials, as set out in the Contractor’s quotation, estimate, schedule of rates, invoice(s) or as otherwise agreed in writing, plus any applicable GST and other taxes or charges.
2. Application of These Terms
2.1 These Terms apply to all Works and Materials supplied by the Contractor to the Client and supersede any prior terms and conditions, unless expressly agreed otherwise in writing by the Contractor.
2.2 By requesting a quotation, placing an order, signing acceptance, providing a purchase order, or allowing the Works to proceed, the Client is deemed to have accepted and agreed to be bound by these Terms.
2.3 Any variation to these Terms will only be effective if agreed in writing by the Contractor. The Contractor may update these Terms from time to time. Updated Terms will apply to future work once notified to the Client or made available on the Contractor’s website.
3. Quotations, Estimates and Variations
3.1 Any quotation or estimate is based on information supplied by the Client and is valid for 30 days from the date issued, unless otherwise stated.
3.2 The Contractor may revise the Price if:
(a) the Client requests changes to the scope of the Works or Materials;
(b) unforeseen conditions are encountered at the Worksite (e.g. hidden wiring, poor existing workmanship, asbestos, limited access, structural issues);
(c) there are increases in the cost of labour, Materials, freight, insurances, or other inputs beyond the Contractor’s control; or
(d) the information provided by the Client is incomplete, incorrect or has changed.
3.3 Variations will, where practical, be confirmed in writing (email is sufficient). The Client agrees to pay for all authorised variations at the Contractor’s current rates, including reasonable margins on Materials.
3.4 Unless specifically stated, quotations do not include:
(a) builder’s work (e.g. cutting, patching or painting);
(b) making good decorative finishes;
(c) structural engineering;
(d) network or retailer fees for metering, connection or inspection.
4. Price and Payment
4.1 The Price will be determined by one or more of the following:
(a) the Contractor’s written quotation;
(b) a schedule of rates/time & materials;
(c) the Contractor’s standard pricing at the time the Works are carried out.
4.2 Unless otherwise agreed in writing:
(a) the Contractor may require a deposit before ordering Materials or commencing the Works;
(b) progress claims may be issued for larger projects as stages are completed or Materials delivered to the Worksite;
(c) all invoices are payable by the 20th of the month following the date of invoice, or as otherwise stated on the invoice.
4.3 Payment shall be made in full, without set-off or deduction, by:
bank transfer, or
any other method approved by the Contractor.
4.4 If the Client disputes any part of an invoice, the Client must notify the Contractor in writing within 7 days of the date of invoice, clearly identifying the disputed amount and reasons. The undisputed portion must still be paid by the due date.
4.5 The Price is exclusive of GST unless expressly stated otherwise. The Client must pay GST in addition to the Price.
5. Credit Accounts and Default
5.1 Granting of credit is at the sole discretion of the Contractor. The Contractor may require credit checks and/or trade references.
5.2 If the Client fails to pay any amount when due, the Contractor may (without prejudice to any other rights):
(a) charge default interest on the overdue amount at up to 2.5% per month (calculated daily, compounding monthly) until paid in full;
(b) suspend or cease further Works or supply of Materials;
(c) recover from the Client all reasonable costs of collection (including legal fees on a solicitor–client basis, collection agency fees, and internal administration charges).
5.3 If the Client:
(a) becomes insolvent, bankrupt, or is placed into receivership, liquidation or voluntary administration; or
(b) enters into any arrangement with creditors;
then all sums owing to the Contractor become immediately due and payable.
6. Provision of Works, Access and Delays
6.1 The Contractor will make reasonable efforts to commence and complete the Works within agreed timeframes, but any dates given are estimates only. The Contractor is not liable for delays caused by factors beyond its reasonable control.
6.2 The Client must ensure that the Contractor has safe, clear and reasonable access to the Worksite, including:
(a) adequate parking and access for vehicles, tools and equipment;
(b) power and lighting where necessary;
(c) safe working areas free from hazards and obstructions.
6.3 If the Worksite is not ready, or access is restricted, or the Works are delayed due to the Client or another contractor, the Contractor may charge a reasonable stand-down or return-to-site fee at its current labour rates.
6.4 Emergency or after-hours call-outs may be charged at higher rates, including minimum charges and travel time, as advised by the Contractor.
7. Risk, Ownership and Insurance
7.1 Risk in the Materials passes to the Client when:
(a) the Materials are delivered to the Worksite or other location nominated by the Client; or
(b) on collection by the Client or the Client’s carrier.
7.2 Notwithstanding clause 7.1, ownership of all Materials remains with the Contractor until:
(a) the Client has paid all amounts owing to the Contractor in full; and
(b) the Client has met all other obligations to the Contractor under the Contract.
7.3 Until ownership passes, the Client:
(a) holds the Materials as the Contractor’s bailee;
(b) must keep the Materials clearly identified as the Contractor’s property; and
(c) must not sell, dispose of, or encumber the Materials except in the ordinary course of business.
7.4 The Client is responsible for insuring any Materials on site against theft, damage or loss from the time of delivery.
7.5 The Client authorises the Contractor to enter any premises where Materials are stored, installed or believed to be located to retake possession if payment is overdue.
8. Compliance, Electrical Safety and Building Laws
8.1 The Contractor will carry out the Works in accordance with:
(a) applicable New Zealand laws and regulations (including the Electricity (Safety) Regulations, Health and Safety at Work Act 2015, and any relevant Building Code requirements);
(b) relevant New Zealand Wiring Rules and recognised industry standards; and
(c) any agreed plans and specifications, to the extent they comply with law.
8.2 If, during the Works, the Contractor discovers unsafe or non-compliant installation, equipment or wiring, the Contractor may:
(a) make it safe temporarily;
(b) recommend remedial work; and
(c) decline to reconnect or energise the installation until it is brought up to a safe standard.
Any additional work required will be treated as a variation and charged accordingly.
8.3 The Contractor does not remove asbestos or other hazardous materials. If such materials are encountered, the Contractor may suspend the Works until the Client arranges proper removal and clearance at the Client’s cost.
8.4 Where required, the Contractor will issue appropriate certification (e.g. CoC/ROA) on completion of the relevant Works.
9. Underground and Hidden Services
9.1 The Client must provide accurate information and clearly mark the location of all known underground and hidden services (e.g. cables, pipes, drains).
9.2 The Contractor will take reasonable care but is not liable for damage to underground or hidden services that were not accurately identified or were unknown.
9.3 Any costs incurred in repairing such damage, or any resulting delay, will be the Client’s responsibility.
10. Warranties
10.1 The Contractor warrants its workmanship for a period of 12 months from completion of the Works, unless otherwise agreed in writing.
10.2 This workmanship warranty does not cover:
(a) fair wear and tear, misuse, abuse or neglect;
(b) work altered or repaired by others without the Contractor’s consent;
(c) faults resulting from the Client’s failure to follow instructions, perform maintenance, or use equipment as intended;
(d) damage caused by power surges, lightning, storm, accident or other events beyond the Contractor’s control.
10.3 Materials are subject to the manufacturer’s warranty (if any). The Contractor will pass on the benefit of any transferable manufacturer’s warranty to the Client but is not responsible for terms set by the manufacturer.
10.4 The Client must notify the Contractor in writing of any alleged defect as soon as reasonably practicable and within the applicable warranty period, and allow the Contractor a reasonable opportunity to inspect and remedy the defect.
11. Consumer Guarantees and Limitation of Liability
11.1 If the Client is acquiring the Works and Materials for business purposes, the Client agrees that the Consumer Guarantees Act 1993 does not apply.
11.2 To the maximum extent permitted by law:
(a) the Contractor’s total liability arising out of or in connection with the Contract (whether in contract, tort, equity or otherwise) is limited, at the Contractor’s option, to:
(i) re-supplying the Works;
(ii) repairing or replacing the Materials; or
(iii) paying the cost of such re-supply, repair or replacement; and
(b) the Contractor is not liable for any loss of profit, loss of use, loss of data, consequential, indirect or special loss or damage suffered by the Client.
11.3 Nothing in these Terms is intended to limit any rights the Client may have under any law that cannot be contracted out of.
12. Defects, Returns and Claims
12.1 The Client must inspect Materials on delivery and notify the Contractor in writing of any shortage, damage or defect within 7 days of delivery (time being of the essence). If the Client fails to do so, the Materials will be deemed accepted and free from defects.
12.2 Returns of non-defective Materials will only be accepted at the Contractor’s discretion and may be subject to:
(a) the Materials being in resaleable condition;
(b) proof of purchase; and
(c) a handling or restocking fee and freight charges.
13. Cancellation and Suspension
13.1 The Client may not cancel any order or Contract once accepted by the Contractor without the Contractor’s written consent. If consent is given, the Client must pay all costs and losses incurred by the Contractor up to the date of cancellation, including restocking, non-returnable Materials, labour and overheads.
13.2 The Contractor may suspend or terminate the Works by written notice if:
(a) the Client fails to pay any amount when due;
(b) the Client is in material breach of the Contract and does not remedy that breach within a reasonable time of written notice; or
(c) the Contractor reasonably considers that continuing the Works poses a safety risk.
13.3 On suspension or termination, the Client must immediately pay all amounts owing for Works and Materials supplied to the date of suspension/termination, plus any reasonable demobilisation or storage costs.
14. Personal Property Securities Act (PPSA)
14.1 The Client acknowledges that, to secure payment of all amounts owing, the Contractor may register a security interest under the Personal Property Securities Act 1999 (PPSA) over the Materials (and their proceeds) and any other personal property to which the PPSA applies.
14.2 The Client agrees to promptly sign any documents and provide any information required by the Contractor to perfect and maintain its security interest.
14.3 To the extent permitted by law, the Client waives its rights to receive a verification statement and any other notices under the PPSA.
15. Privacy
15.1 The Contractor may collect and hold personal information about the Client (including contact details, credit history and trade references) for the purposes of:
(a) providing Works and Materials;
(b) managing the Client’s account; and
(c) credit assessment, debt recovery and marketing.
15.2 The Contractor may disclose such information to credit reporting agencies, debt collection agencies, legal advisers and other third parties as reasonably required for these purposes.
15.3 The Client has the right to request access to, and correction of, their personal information held by the Contractor, subject to the Privacy Act 2020.
16. Force Majeure
16.1 The Contractor is not liable for any failure or delay in performing its obligations where that failure or delay is caused by events beyond its reasonable control, including but not limited to: extreme weather, natural disaster, epidemic/pandemic, labour disputes, supplier failure, transport disruptions, or government restrictions.
16.2 If a force majeure event continues for more than 30 days, either party may terminate the affected portion of the Contract by written notice, and the Client must pay for all Works and Materials supplied up to the date of termination.
17. General
17.1 These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts, and the Contractor may choose to bring proceedings in the court nearest to Rangitīkei / Palmerston North or another appropriate forum.
17.2 If any provision of these Terms is held invalid or unenforceable, that provision will be deemed modified or severed to the extent necessary, and the remainder will remain in full force and effect.
17.3 No failure or delay by the Contractor to exercise any right or remedy operates as a waiver of that right or remedy.
17.4 The Client may not assign or transfer its rights or obligations under the Contract without the Contractor’s prior written consent. The Contractor may assign or subcontract any part of the Works at its discretion.