Terms and Conditions of Trade for Lively Electrical
- Definitions
“Lively Electrical” means the electrician, Morgan Mckenzie Billett, trading as Lively Electrical, and any employees, agents, or subcontractors.
“Customer” means the person, company, or entity requesting the services from Lively Electrical.
“Services” means all electrical work performed by Lively Electrical for the Customer, including but not limited to installation, repair, and maintenance.
“Materials” means all goods, parts, and equipment supplied by Lively Electrical as part of the Services.
“Quote” means the estimate of costs provided by Lively Electrical for the Services and Materials.
“Invoice” means the bill issued by Lively Electrical for the Services and Materials. - Acceptance of Terms
The Customer is deemed to have accepted and agreed to these Terms and Conditions by accepting a Quote from Lively Electrical, or by instructing Lively Electrical to begin the Services.
The terms of a specific Quote take precedence over these general Terms and Conditions if there is a conflict.
TERMS AND CONDITIONS (RESIDENTIAL CUSTOMERS)
APPLICATION OF THESE TERMS 1 These terms and conditions of trade (“Terms”) will, unless otherwise agreed in writing, apply to all Works provided by the Contract… - Quotations
Any Quote provided by Lively Electrical is valid for 30 days unless otherwise stated in writing.
The Quote is an estimate based on the information provided by the Customer and Lively Electrical’s assessment of the work.
Any additional work or Materials required that were not included in the original Quote must be approved by the Customer in writing before being carried out. Lively Electrical will provide an updated Quote or a variation notice for these changes, and the Customer agrees to pay for them. - Price and Payment
The price for the Services and Materials will be as specified in the Quote or on the Invoice.
Unless stated otherwise, prices are exclusive of Goods and Services Tax (GST), which will be added to the Invoice.
Payment is due on the date specified on the Invoice. If no date is specified, payment is due within seven (7) days of the date of the Invoice.
For larger jobs, Lively Electrical may require a deposit before starting work, as specified in the Quote.
Lively Electrical reserves the right to charge interest on any overdue amount at a rate of 2.5% per calendar month, compounded monthly, from the due date until payment is received in full.
The Customer will be liable for all costs incurred by Lively Electrical in the collection of any overdue amounts, including debt collection agency fees and legal costs.
4A. Labour and Charges
Minimum Charge: Labour is subject to a minimum charge of one (1) hour for each service call.
Labour Components: This minimum charge, and all subsequent labour charges, include time spent on the following activities:
Travel time to and from the work site.
On-site time for completing the electrical work.
Time spent sourcing materials from suppliers.
Administrative time for completing necessary job-related paperwork, including Electrical Safety Certificates or Certificates of Compliance.
Billing: All labour time will be rounded up to the nearest fifteen (15) minutes. The specific hourly rate will be included in the Quote.
- Provision of Services
Lively Electrical will carry out the Services with due care and skill and in a professional manner.
Lively Electrical will make reasonable efforts to complete the Services within any agreed timeframe. However, any times or dates given are estimates only, and Lively Electrical is not liable for any delays due to circumstances beyond its reasonable control.
The Customer must provide clear, safe, and unobstructed access to the work area. Any damage to the Customer’s property resulting from Lively Electrical having to move items to gain safe access is the Customer’s sole risk.
The Customer is responsible for ensuring that all Materials supplied by the Customer for the Services are fit for purpose. Any additional costs or delays resulting from the use of unsuitable Materials will be the Customer’s responsibility.
Lively Electrical reserves the right to suspend or terminate the Services if the Customer breaches any of these Terms and Conditions. - Ownership and Risk
Ownership of all Materials remains with Lively Electrical until the Customer has paid all amounts owed in full.
Risk in the Materials passes to the Customer upon delivery to the work site.
The Customer grants Lively Electrical a security interest in all Materials supplied under these Terms and Conditions to secure all outstanding payments. The Customer agrees to execute all documents necessary to enable Lively Electrical to register a financing statement on the Personal Property Securities Register (PPSR). - Warranties and Liability
The Services will be performed with reasonable care and skill. Any implied warranties are expressly excluded to the extent permitted by law.
Lively Electrical warrants that all Materials supplied are of acceptable quality and fit for their intended purpose, as defined by the Consumer Guarantees Act 1993, except where the Customer is acquiring the Services and Materials for business purposes.
Where the Customer acquires the Services and Materials for a business purpose, the Consumer Guarantees Act 1993 does not apply.
Lively Electrical’s liability for any defect, damage, or loss arising from the Services or Materials is limited to the cost of repairing or replacing the defective work or Materials. Lively Electrical will not be liable for any indirect or consequential loss.
Any claims for defects or faulty workmanship must be made within seven (7) days of the completion of the Services. - Disputes
In the event of a dispute, the Customer must notify Lively Electrical in writing immediately, providing details and reasons for the dispute.
The parties will first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved, either party may refer the matter to mediation or arbitration. - General
These Terms and Conditions may be amended by Lively Electrical at any time. The updated terms will apply to any new work requested by the Customer after the date of the update.
If any provision of these Terms and Conditions is found to be illegal, unenforceable, or invalid, the remaining provisions will continue to be valid and enforceable.
Neither party is liable for any default due to an event beyond their reasonable control, such as a natural disaster, pandemic, or industrial action.
These Terms and Conditions are governed by the laws of New Zealand. - Customer Information
The Customer authorises Lively Electrical to collect, retain, and use information about the Customer for the purpose of carrying out the Services, processing payment, and enforcing any rights under this agreement.
