Definitions:
Client – the person or entity (including its directors or trustees) that requests the Goods or Services.
Goods – all materials, plant, equipment and other items supplied, installed or serviced by BC Electrical
Services.
Services – all labour, design, project-management and related work BC Electrical Services performs.
Site – the address where the Goods or Services are supplied.
1. Acceptance
The Client agrees to these Terms when, after receiving them, the Client:
(a) signs a quote or purchase order;
(b) emails, texts, or otherwise confirms that BC Electrical Services may proceed;
(c) pays any deposit or progress payment; or
(d) allows BC Electrical Services to start work on Site.
This acceptance creates a binding contract even if the quote or these Terms are not physically
signed.
2. Payment Terms
Payment for Goods and Services is due within 7 days of the invoice date, unless alternative terms
have been agreed to in writing before work begins.
3. Late-Payment Interest and Administration Charges
If an invoice is not paid by the due date:
(a) An administration fee of NZ $25 + GST is added for each written or electronic reminder sent after
the due date (maximum of three reminders per invoice); and
(b) Interest accrues on the overdue balance at 2.5 percent per month (30 percent p.a.), calculated
daily on a simple-interest basis and continues to accrue after judgment until the overdue balance is
paid in full.
4. Ownership of Materials & Personal Property Security
All materials supplied remain the property of BC Electrical Services until paid in full. The Client grants
BC Electrical Services a security interest in all present and after-acquired Goods we supply, install or
service, and in the proceeds of those Goods, under the Personal Property Securities Act 1999
(PPSA). We may register that interest on the PPSR, and the Client waives the right to receive
verification statements and notices under sections 120 and 121 of the PPSA. We may enter the Site
to recover unpaid Goods.
5. Risk
Risk of loss or damage to the Goods passes to the Client when the Goods are delivered to the Site or
installed, whichever occurs first. From that point the Client is responsible for insuring the Goods.
6. Quote Validity and Price Adjustments
(a) Validity – Unless withdrawn earlier, written quotes remain open for acceptance for 14 days from the
date on the quote.
(b) Cost increases beyond our control – If, after acceptance but before completion, the direct cost to
BC Electrical Services of materials, equipment, freight or labour rises due to factors outside our
control, we may adjust the quoted price by the amount of that increase. We will supply reasonable
evidence of the cost change on request.
7. Deposits for New Customers
New customers must pay a 50 percent deposit on the quoted price before work begins. The balance
is invoiced on completion and is payable within 7 days. Work will not begin until the deposit has
cleared.
8. Work by The Lines Company
Work required by The Lines Company (e.g. disconnections, meter relocations, inspections) is
excluded from our quoted price. We can co-ordinate this work on the Client’s behalf, but all Lines
Company charges will be invoiced directly to the Client.
9. Progress Payments
For larger projects or ongoing work, progress invoices may be issued at agreed milestones or at our
discretion. Each progress invoice is payable within the stated terms. Under the Construction
Contracts Act 2002 (CCA) we may suspend work if a payment claim is unpaid after the statutory
notice period.
10. Suspension of Work
We may suspend all work if any invoice remains unpaid past its due date. Work will resume once all
outstanding invoices (including interest, fees, and costs) have been settled.
11. Up-front Payment for Overdue Accounts
If any invoice becomes overdue, we may require full payment in advance for future work or remaining
stages of a project.
12. Variation of Terms
Any variations to these Terms & Conditions or payment deadlines must be agreed to in writing before
work takes place. Prior flexibility does not waive these terms for future work. Failure to enforce any
term is not a waiver of that term.
13. Site Access & Delays
The Client must ensure safe and reasonable access to the work Site during agreed hours. Delays
caused by restricted access, unsafe conditions, or interference from other contractors may result in
additional charges.
14. Warranty & Defects
We warrant our workmanship for 12 months from completion, excluding faults caused by misuse,
tampering, or materials supplied by the Client. Warranty claims must be submitted in writing. Nothing
in this clause limits any rights under the Consumer Guarantees Act 1993 (CGA). If the Client acquires
Goods or Services in trade (as defined in the CGA) the guarantees under that Act do not apply.
15. Variations & Additional Work
Any changes to the original scope must be agreed to in writing. Additional labour, materials, or time
not covered in the original quote will be charged as a variation.
16. Limitation of Liability
To the maximum extent permitted by law, BC Electrical Services is not liable for any indirect, special,
or consequential loss. Our total liability for any claim will not exceed the value of the work giving rise
to that claim, unless otherwise required by law.
17. No Set-Off, Withholding, or Retentions
The Client must pay all invoices in full without set-off, counterclaim, deduction, withholding, or
retention, except where required by law or expressly agreed in writing. Any agreed retention must
comply with the CCA retention-money trust requirements and be released on practical completion.
18. Force Majeure
We are not liable for delay or failure to perform where the cause is beyond our reasonable control,
including (but not limited to) severe weather, supply-chain disruption, labour disputes, pandemic
restrictions, or acts of God. Time frames will be extended for the period of the delay.
19. Health & Safety / Site Induction
The Client must provide a safe work environment and any site-specific induction required under the
Health and Safety at Work Act 2015. Additional costs arising from unsafe conditions or mandatory
inductions will be charged to the Client.
20. Cancellation & Design Fees
If the Client cancels an accepted quote before work is completed, BC Electrical Services may charge
for: all labour, materials, and administration costs incurred up to the cancellation date; and
a cancellation fee equal to 15 percent of the remaining uncompleted portion of the quote to cover loss
of profit, scheduling, and restocking.
21. Credit Information & Privacy
The Client authorises BC Electrical Services to:
obtain credit information from any credit-reporting agency or trade referee for the purpose of
assessing creditworthiness or enforcing payment; and
disclose the Client’s payment record to credit-reporting agencies and debt-collection Services. All
personal information is handled in accordance with the Privacy Act 2020.
22. Personal Guarantee (companies and trusts)
Where the Client is a company or trust, every director or trustee who signs or accepts these Terms
personally guarantees payment of all amounts owing and performance of all obligations under this
agreement. This guarantee is continuing and not released by the granting of time or indulgence.
23. Costs of Enforcement
The Client must pay all costs, expenses and disbursements, including solicitor-client legal costs, court
fees and reasonable debt-collection agency commissions incurred by BC Electrical Services in
enforcing these Terms or recovering any overdue amounts.
24. Entire Agreement and Governing Law
These Terms, together with any written quote or variation issued by BC Electrical Services, constitute
the entire agreement between the parties and supersede all prior negotiations, representations and
communications. The agreement is governed by the laws of New Zealand, and the parties submit to
the non-exclusive jurisdiction of the New Zealand courts.
By accepting a quote or estimate from BC Electrical Services 2020 Limited,
the Client agrees to be bound by these Terms & Conditions.