Terms of Trade

BOYLE ELECTRICAL LIMITED

TERMS OF TRADE

Version: 1.0
Effective Date: 1 March 2026

1. Introduction

Thank you for choosing Boyle Electrical Limited ("Boyle Electrical", "we", "our" or "us").

We are committed to providing high-quality electrical services, honest advice, professional workmanship and clear communication. These Terms of Trade explain the basis upon which we supply goods and services to our customers.

These Terms are designed to ensure both parties understand their respective rights and obligations before work commences and to minimise misunderstandings during the course of a project.

By requesting a quotation, accepting a quotation, instructing Boyle Electrical to commence work, or allowing work to commence, you agree to be bound by these Terms of Trade.

These Terms apply to every quotation, estimate, work order, invoice and contract unless expressly varied in writing by Boyle Electrical.

2. Definitions

For these Terms of Trade:

Business Day means any day other than a Saturday, Sunday or public holiday in New Zealand.

Customer means any individual, company, partnership, trust, body corporate or other entity requesting or receiving Goods or Services from Boyle Electrical and includes any authorised representative.

Completion means the point at which Boyle Electrical has substantially completed the contracted works, notwithstanding any minor defects or outstanding items that do not materially affect the operation or safety of the installation.

Contract means the agreement between Boyle Electrical and the Customer incorporating these Terms of Trade together with any quotation, proposal, work order or other written agreement.

Goods means all products, materials, fixtures, fittings, equipment and components supplied by Boyle Electrical.

Practical Completion means the stage at which the works are capable of being used for their intended purpose, notwithstanding minor omissions or defects.

Quotation means any written quotation supplied by Boyle Electrical.

Services means all electrical installation, maintenance, repairs, testing, inspection, fault finding, consultation, design, commissioning, solar photovoltaic installation, battery installation, EV charger installation and any related services supplied by Boyle Electrical.

Site means the property where the Goods or Services are supplied.

Variation means any change to the agreed scope of work, whether requested by the Customer or arising due to unforeseen circumstances.

3. Application of these Terms

3.1 These Terms apply to every supply of Goods and Services by Boyle Electrical unless expressly agreed otherwise in writing.

3.2 If there is any inconsistency between these Terms and any purchase order or other document issued by the Customer, these Terms shall prevail unless Boyle Electrical expressly agrees otherwise in writing.

3.3 Boyle Electrical may amend these Terms from time to time. The Terms applying to a particular Contract will be those in force at the time the quotation is accepted or work commences.

4. Acceptance

The Customer is deemed to have accepted these Terms when:

(a) accepting a quotation;

(b) requesting Boyle Electrical to commence work;

(c) allowing Boyle Electrical access to the Site to undertake work;

(d) paying any deposit;

(e) accepting delivery of Goods; or

(f) otherwise instructing Boyle Electrical to perform Services.

5. Quotations and Estimates

5.1 Unless stated otherwise, quotations remain valid for 30 days from the date issued.

5.2 Quotations are based upon information available at the time of pricing.

5.3 Unless specifically stated, quotations exclude:

  • council fees;

  • building consent fees;

  • engineering fees;

  • asbestos testing or removal;

  • structural work;

  • plastering;

  • painting;

  • decorating;

  • landscaping;

  • reinstatement by other trades;

  • network company charges;

  • electricity retailer charges;

  • temporary generators;

  • traffic management;

  • scaffolding;

  • elevated work platforms;

  • specialist lifting equipment.

5.4 Quotations assume normal working hours between 7.30am and 5.00pm Monday to Friday.

5.5 Boyle Electrical reserves the right to revise a quotation where:

(a) information supplied by the Customer proves inaccurate;

(b) hidden site conditions are encountered;

(c) additional work becomes necessary;

(d) supplier pricing changes prior to ordering;

(e) work is delayed through no fault of Boyle Electrical.

6. Estimates

Where Boyle Electrical provides an estimate rather than a quotation:

(a) the estimate represents our reasonable assessment only;

(b) the final invoice may be higher or lower than the estimate;

(c) work will be charged on actual labour, materials and associated costs incurred.

7. Scope of Works

Boyle Electrical will carry out only those works specifically described within the quotation or otherwise agreed in writing.

Any work requested outside the agreed scope shall constitute a Variation.

8. Variations

8.1 Variations may arise due to:

  • Customer requests;

  • hidden defects;

  • existing non-compliant installations;

  • additional compliance requirements;

  • manufacturer requirements;

  • changes required by inspectors;

  • supply issues;

  • unforeseen Site conditions.

8.2 Boyle Electrical may provide a written quotation for a Variation or charge on a time and materials basis.

8.3 Variations instructed verbally by the Customer or the Customer's authorised representative shall be deemed approved.

8.4 Variations may extend the estimated completion date.

9. Pricing

Unless otherwise stated, all prices are exclusive of GST.

Charges may include:

  • labour;

  • apprentice labour;

  • travel time;

  • vehicle service charges;

  • call-out fees;

  • emergency call-out fees;

  • after-hours labour;

  • materials;

  • consumables;

  • equipment hire;

  • disposal costs;

  • testing equipment;

  • certification costs;

  • supplier freight;

  • parking;

  • road tolls;

  • accommodation (where applicable).

Boyle Electrical reserves the right to charge reasonable costs incurred in providing the Goods and Services.

10. Call-Outs and Travel

A standard call-out charge includes attendance at Site together with the first hour of labour unless otherwise stated.

Travel beyond Boyle Electrical's normal service area may incur additional travel charges.

Emergency work outside normal business hours may be charged at the applicable after-hours rates.

11. Deposits

Boyle Electrical may require a deposit before:

  • ordering materials;

  • booking equipment;

  • commencing work;

  • securing supplier stock.

Deposits are non-refundable to the extent Boyle Electrical has incurred costs or commitments in reliance upon the Contract.

12. Payment Terms

Unless otherwise agreed in writing:

  • invoices are due 7 days from the invoice date;

  • progress invoices are payable on the date stated;

  • Boyle Electrical may issue invoices at reasonable project milestones;

  • payment shall not be withheld because of minor defects that do not materially affect the use or safety of the works;

  • the Customer may not set off any amount against monies owing to Boyle Electrical.

Failure to make payment by the due date constitutes a breach of these Terms.

13. Progress Payments

13.1 Boyle Electrical may issue progress invoices for Contracts extending beyond one invoice period, where significant materials have been ordered, or where work is completed in identifiable stages.

13.2 Progress invoices may include:

  • labour completed to date;

  • materials supplied or ordered;

  • subcontractor costs;

  • equipment hire;

  • reasonable project overheads incurred.

13.3 Progress invoices are payable in accordance with the payment terms specified on the invoice.

13.4 Boyle Electrical reserves the right to suspend work if any progress payment remains unpaid after the due date.

13.5 Where the Customer disputes a progress invoice, the Customer must notify Boyle Electrical in writing within five (5) Business Days, identifying the disputed amount and the reasons for the dispute. The undisputed portion of the invoice remains payable by the due date.

14. Construction Contracts Act 2002

14.1 Where the Services fall within the scope of the Construction Contracts Act 2002 (CCA), Boyle Electrical may issue payment claims in accordance with that Act.

14.2 The Customer acknowledges that any payment claim issued under the CCA must be responded to by serving a valid payment schedule within the time prescribed by the Act.

14.3 If the Customer fails to provide a valid payment schedule or fails to pay the claimed amount when due, Boyle Electrical may exercise any rights available under the CCA, including (without limitation):

  • suspending work;

  • recovering the unpaid amount as a debt;

  • commencing adjudication proceedings;

  • recovering costs associated with suspension; and

  • exercising any other rights available under the Act.

14.4 Boyle Electrical shall not be liable for any loss, delay or additional costs arising from exercising its rights under the CCA.

15. Overdue Accounts

15.1 If payment is not received by the due date, Boyle Electrical may charge interest on the overdue amount at 2% per month, calculated daily from the due date until payment is received in full.

15.2 Interest is payable in addition to all other amounts owing.

15.3 Boyle Electrical may allocate payments received against any outstanding invoices in any order it considers appropriate.

15.4 Boyle Electrical may require all future work to be paid in advance where the Customer has previously failed to pay invoices on time.

16. Debt Recovery

16.1 The Customer shall indemnify Boyle Electrical for all reasonable costs incurred in recovering overdue amounts, including:

  • debt collection agency fees;

  • solicitor and client legal costs;

  • court filing fees;

  • enforcement costs; and

  • tracing and administration costs.

16.2 Boyle Electrical may engage third-party debt collection agencies without further notice where an account remains overdue.

16.3 Any payments received after debt recovery action has commenced shall first be applied to recovery costs, then interest, and finally the outstanding principal.

17. Suspension of Works

17.1 Boyle Electrical may suspend all or part of the Services where:

  • an invoice remains unpaid after the due date;

  • the Customer breaches these Terms;

  • the Site becomes unsafe;

  • the Customer fails to provide access;

  • required approvals or permissions have not been obtained; or

  • Boyle Electrical reasonably believes continuing work would expose it to financial or safety risk.

17.2 Boyle Electrical shall not be liable for any delay, loss or additional costs resulting from a lawful suspension of work.

17.3 Where work is suspended, Boyle Electrical may charge for:

  • demobilisation and remobilisation;

  • additional travel;

  • storage of materials;

  • rebooking subcontractors;

  • supplier restocking fees; and

  • other reasonable costs arising from the suspension.

18. Credit Accounts

18.1 Boyle Electrical may, at its discretion, offer credit facilities to approved Customers.

18.2 Boyle Electrical may undertake credit checks and request financial information before opening or continuing a credit account.

18.3 Boyle Electrical may reduce, suspend or withdraw any credit facility at any time without prior notice.

18.4 Withdrawal of credit shall not affect the Customer's obligation to pay outstanding amounts.

19. Cancellation

19.1 The Customer may cancel the Contract before work commences by providing written notice.

19.2 Where the Contract is cancelled, the Customer shall pay for:

  • all work completed;

  • materials ordered or purchased;

  • supplier cancellation charges;

  • non-refundable deposits;

  • administration costs reasonably incurred; and

  • any other costs incurred by Boyle Electrical up to the date of cancellation.

19.3 Special-order, customised or non-returnable goods cannot be cancelled once ordered unless Boyle Electrical agrees otherwise in writing.

19.4 If Boyle Electrical is unable to recover cancellation costs from suppliers, those costs remain payable by the Customer.

19.5 Boyle Electrical may terminate the Contract immediately where the Customer:

  • becomes insolvent;

  • enters liquidation or receivership;

  • commits a material breach of these Terms; or

  • fails to remedy a breach within a reasonable time after receiving written notice.

19.6 Upon termination, all outstanding monies become immediately due and payable.

20. Delays

20.1 Boyle Electrical will use reasonable endeavours to complete the Services within the estimated timeframe but does not guarantee completion dates.

20.2 Boyle Electrical shall not be liable for delays arising from circumstances beyond its reasonable control, including:

  • adverse weather;

  • supplier shortages;

  • shipping delays;

  • network company requirements;

  • electricity retailer delays;

  • inspection delays;

  • council approvals;

  • customer-requested changes;

  • hidden site conditions;

  • industrial action;

  • power outages; or

  • any event described under the Force Majeure clause.

20.3 Any delay does not entitle the Customer to cancel the Contract or claim compensation unless required by law.

21. Ownership of Goods

21.1 Ownership of all Goods supplied by Boyle Electrical remains with Boyle Electrical until all monies owing by the Customer have been paid in full.

21.2 Until ownership passes to the Customer, the Customer must:

(a) keep the Goods secure and identifiable;

(b) not sell, dispose of, or encumber the Goods without Boyle Electrical's prior written consent; and

(c) immediately notify Boyle Electrical if the Goods are seized, damaged or become subject to any third-party claim.

21.3 Where Goods have been incorporated into the Customer's property before payment has been received, Boyle Electrical retains all rights available under the Personal Property Securities Act 1999 (PPSA) and any other applicable law.

22. Personal Property Securities Act 1999 (PPSA)

22.1 The Customer acknowledges that these Terms create a security interest in favour of Boyle Electrical in all Goods supplied.

22.2 The Customer agrees to promptly do anything reasonably required by Boyle Electrical to:

  • register a financing statement;

  • maintain or perfect its security interest;

  • enable Boyle Electrical to exercise its rights under the PPSA.

22.3 The Customer waives any rights it may have under sections 114(1)(a), 133 and 134 of the PPSA to the extent permitted by law.

22.4 The Customer must immediately notify Boyle Electrical if:

  • its legal name changes;

  • its trading name changes;

  • it changes its address;

  • it transfers ownership of its business; or

  • it undergoes any restructuring which may affect Boyle Electrical's security interest.

23. Risk

23.1 Risk in Goods passes to the Customer immediately upon:

(a) delivery to the Site;

(b) installation; or

(c) collection by the Customer,

whichever occurs first.

23.2 The passing of risk does not transfer ownership where ownership remains with Boyle Electrical under clause 21.

23.3 Boyle Electrical shall not be responsible for theft, vandalism, accidental damage or loss occurring after risk has passed to the Customer.

24. Delivery of Goods

24.1 Delivery dates provided by Boyle Electrical are estimates only.

24.2 Boyle Electrical shall not be liable for delays caused by:

  • manufacturers;

  • wholesalers;

  • freight providers;

  • customs;

  • shipping delays;

  • import shortages;

  • network companies;

  • events beyond Boyle Electrical's reasonable control.

24.3 Partial deliveries may occur where necessary.

24.4 Boyle Electrical may substitute equivalent products where:

  • the specified product has become unavailable;

  • the replacement is of equal or better quality;

  • the replacement complies with applicable New Zealand Standards.

Where the substitution materially affects the agreed specification, Boyle Electrical will consult the Customer before installation.

25. Site Access

25.1 The Customer must provide Boyle Electrical with safe, unrestricted and timely access to the Site.

25.2 The Customer is responsible for ensuring:

  • gates are unlocked;

  • pets are restrained;

  • vehicles do not obstruct access;

  • furniture or belongings are removed where reasonably required;

  • safe working clearances exist around switchboards and equipment.

25.3 Where Boyle Electrical is unable to access the Site at the agreed time, Boyle Electrical may charge for:

  • waiting time;

  • additional travel;

  • return visits;

  • rescheduling costs; and

  • subcontractor standby charges.

26. Customer Responsibilities

The Customer is responsible for:

(a) obtaining landlord approval where required;

(b) obtaining body corporate approvals where required;

(c) obtaining any necessary resource or building consents unless expressly agreed otherwise;

(d) ensuring property boundaries and service locations are correctly identified;

(e) ensuring Boyle Electrical is advised of any known hazards before work commences;

(f) providing reasonable access to electricity, water and amenities where required;

(g) ensuring children and pets remain clear of the work area;

(h) removing valuables from the immediate work area where practical.

27. Existing Electrical Installations

27.1 Boyle Electrical is not responsible for faults, defects or non-compliant work within any existing installation that was not originally installed by Boyle Electrical.

27.2 Boyle Electrical may stop work where existing electrical installations are found to be:

  • unsafe;

  • electrically dangerous;

  • non-compliant with current legislation;

  • incapable of supporting the requested work.

27.3 Boyle Electrical may recommend remedial work before continuing.

27.4 Any remedial work required shall constitute a Variation.

27.5 Boyle Electrical is under no obligation to reconnect unsafe equipment.

28. Hidden Site Conditions

28.1 Quotations are prepared based on visible conditions and information supplied by the Customer.

28.2 Boyle Electrical accepts no responsibility for unforeseen conditions including but not limited to:

  • concealed wiring;

  • damaged cabling;

  • deteriorated insulation;

  • rodent damage;

  • water damage;

  • fire damage;

  • termite damage;

  • hidden junction boxes;

  • inaccessible roof spaces;

  • concealed services;

  • asbestos-containing materials;

  • structural defects;

  • undocumented alterations;

  • defective workmanship by previous contractors.

28.3 Any additional labour, materials or specialist services required due to hidden conditions shall be charged as a Variation.

28.4 Boyle Electrical will notify the Customer as soon as reasonably practicable before carrying out significant additional work.

29. Hazardous Materials

29.1 Boyle Electrical does not undertake asbestos removal unless specifically agreed in writing and legally authorised to do so.

29.2 Where suspected asbestos or other hazardous materials are discovered:

(a) work may immediately cease;

(b) the affected area may be isolated where practicable;

(c) the Customer shall arrange appropriate testing and removal by a suitably qualified contractor.

29.3 Boyle Electrical shall not be responsible for delays resulting from hazardous materials.

29.4 Any additional attendance, return visits or delays shall be chargeable.

30. Health and Safety

30.1 Boyle Electrical will comply with its obligations under the Health and Safety at Work Act 2015.

30.2 The Customer must advise Boyle Electrical of all known hazards before work commences, including but not limited to:

  • asbestos;

  • hazardous chemicals;

  • unstable structures;

  • confined spaces;

  • aggressive animals;

  • unsafe access;

  • underground services;

  • biohazards.

30.3 Boyle Electrical may refuse to commence or continue work where it reasonably considers the Site to be unsafe.

30.4 Any delays or additional costs arising from undisclosed hazards shall be the responsibility of the Customer.

30.5 Boyle Electrical reserves the right to require the Customer to remedy unsafe conditions before work recommences.

31. Electrical Installations – General

31.1 Boyle Electrical will carry out all electrical work in accordance with applicable New Zealand legislation, regulations and electrical standards in force at the time the work is performed.

31.2 Unless expressly stated otherwise, Boyle Electrical is engaged only to undertake the work described in the quotation or agreed scope of works.

31.3 Boyle Electrical is not responsible for upgrading existing electrical installations unless those upgrades form part of the agreed scope of work or are required to complete the installation safely and in compliance with applicable legislation.

31.4 Where Boyle Electrical identifies unsafe or non-compliant electrical equipment during the course of the works, we may:

  • stop work immediately;

  • isolate unsafe equipment where reasonably necessary;

  • recommend corrective work before continuing; or

  • decline to reconnect unsafe equipment.

31.5 Any additional work required to rectify unsafe or non-compliant installations shall be treated as a Variation.

32. Switchboard Upgrades

32.1 Where the existing switchboard is found to be unsuitable for the proposed work, Boyle Electrical may recommend or require a switchboard upgrade.

32.2 Circumstances requiring an upgrade may include, but are not limited to:

  • insufficient circuit capacity;

  • deteriorated equipment;

  • obsolete switchgear;

  • damaged enclosures;

  • non-compliant MEN arrangements;

  • inadequate fault protection;

  • lack of RCD protection where required;

  • corrosion or water ingress.

32.3 Any switchboard upgrade not specifically included within the original quotation shall constitute a Variation.

32.4 Boyle Electrical reserves the right to refuse connection of new equipment where the existing switchboard presents an unacceptable safety or compliance risk.

33. Temporary Power Interruptions

33.1 The Customer acknowledges that electrical work may require temporary disconnection of electricity supplies.

33.2 Boyle Electrical will use reasonable endeavours to minimise interruptions but does not guarantee uninterrupted power during the works.

33.3 Boyle Electrical shall not be liable for:

  • loss of refrigeration;

  • loss of internet;

  • alarm activation;

  • interruption to business operations;

  • computer shutdowns;

  • data loss; or

  • any consequential loss arising from temporary power isolation.

33.4 The Customer is responsible for shutting down sensitive electronic equipment before work commences.

34. Solar Photovoltaic (PV) Installations

34.1 Boyle Electrical will install solar photovoltaic systems in accordance with:

  • applicable New Zealand Standards;

  • manufacturer installation requirements;

  • electricity network requirements;

  • applicable legislation.

34.2 Unless specifically included within the quotation, Boyle Electrical does not warrant:

  • future electricity prices;

  • future export tariffs;

  • financial payback periods;

  • future energy generation;

  • government rebates or incentives.

34.3 Estimated solar generation figures are indicative only and are based on industry modelling and assumptions.

34.4 Actual system performance may vary due to:

  • weather conditions;

  • shading;

  • roof orientation;

  • roof pitch;

  • dirt accumulation;

  • equipment degradation;

  • customer electricity usage;

  • network export limitations.

34.5 Boyle Electrical shall not be liable where actual energy production differs from estimated production.

35. Battery Storage Systems

35.1 Battery systems shall be installed in accordance with manufacturer specifications and applicable New Zealand Standards.

35.2 The Customer acknowledges that:

  • battery performance reduces over time;

  • usable battery capacity differs from advertised nominal capacity;

  • charging behaviour varies according to weather and electricity usage;

  • software updates may alter battery performance.

35.3 Boyle Electrical is not responsible for manufacturer software changes or cloud-based monitoring services.

35.4 Any future firmware updates remain the responsibility of the equipment manufacturer unless otherwise agreed.

36. EV Charger Installations

36.1 Boyle Electrical will install EV charging equipment in accordance with applicable electrical standards and manufacturer requirements.

36.2 Unless specifically included, Boyle Electrical does not warrant:

  • compatibility with future vehicle models;

  • vehicle charging performance;

  • charging times affected by the vehicle;

  • manufacturer software.

36.3 Boyle Electrical shall not be responsible for damage caused by:

  • defective customer-supplied chargers;

  • modified vehicles;

  • misuse;

  • impact damage;

  • unauthorised alterations.

37. Customer-Supplied Equipment

37.1 Boyle Electrical may, at its discretion, agree to install equipment supplied by the Customer.

37.2 Where customer-supplied equipment is installed:

  • Boyle Electrical provides no warranty over the product itself;

  • Boyle Electrical is not responsible for manufacturing defects;

  • Boyle Electrical is not responsible for compatibility issues;

  • additional labour required due to defective equipment shall be chargeable.

37.3 Any delays arising from replacement or warranty of customer-supplied products shall be at the Customer's cost.

38. Testing and Commissioning

38.1 Boyle Electrical will undertake testing required by applicable legislation before energising new electrical work.

38.2 Additional testing requested by the Customer beyond statutory requirements may incur additional charges.

38.3 Commissioning shall be deemed complete once:

  • required testing has been completed;

  • certificates have been issued where applicable; and

  • the installation is capable of normal operation.

39. Compliance Certificates

39.1 Boyle Electrical will issue any required:

  • Certificate of Compliance (CoC);

  • Electrical Safety Certificate (ESC);

  • Record of Inspection (ROI),

where required by New Zealand legislation.

39.2 Certificates apply only to work undertaken by Boyle Electrical.

39.3 Boyle Electrical accepts no responsibility for electrical work carried out by others.

39.4 Replacement copies of certificates may attract an administration fee.

40. Electrical Inspections

40.1 Where Boyle Electrical is engaged to undertake electrical inspections, the inspection is limited to the scope agreed with the Customer.

40.2 Boyle Electrical does not warrant that every concealed defect or latent condition will be identified during an inspection.

40.3 Inspection reports reflect the condition of the installation at the time of inspection only.

40.4 Boyle Electrical shall not be liable for defects arising after the inspection date.

41. Manufacturer Warranties

41.1 Products supplied by Boyle Electrical remain subject to the warranty offered by their respective manufacturers.

41.2 Boyle Electrical will provide reasonable assistance with manufacturer warranty claims where the products were supplied by Boyle Electrical.

41.3 Labour associated with manufacturer warranty claims may be chargeable where the manufacturer does not reimburse those costs.

41.4 Boyle Electrical is not responsible for delays caused by manufacturers, importers or distributors when processing warranty claims.

42. Network Company Requirements

42.1 The Customer acknowledges that certain work may require approval from the relevant electricity distributor or network company.

42.2 Boyle Electrical is not responsible for delays arising from:

  • network approvals;

  • metering changes;

  • retailer requirements;

  • export approvals;

  • utility inspections; or

  • third-party scheduling.

42.3 Any additional attendance required because of network company delays may be charged where those delays are outside Boyle Electrical's reasonable control.

43. Roof Access and Weather

43.1 Roof work is subject to safe weather conditions.

43.2 Boyle Electrical reserves the right to postpone roof work where weather conditions create an unacceptable health and safety risk.

43.3 Boyle Electrical shall not be liable for delays caused by adverse weather.

43.4 While every reasonable care will be taken, Boyle Electrical is not responsible for the failure of brittle or deteriorated roofing materials that break despite the exercise of reasonable skill and care during access or installation.

44. Workmanship Warranty

44.1 Boyle Electrical warrants that all Services will be carried out with reasonable care, skill and diligence and in accordance with applicable New Zealand laws, regulations and electrical standards.

44.2 Subject to these Terms, Boyle Electrical warrants its workmanship for a period of twelve (12) months from the date of Practical Completion unless otherwise agreed in writing.

44.3 During the workmanship warranty period, Boyle Electrical will, at its option, repair or rectify any defect in workmanship at no cost to the Customer, provided the defect has been reported in accordance with these Terms.

44.4 The workmanship warranty applies only to work performed by Boyle Electrical and does not extend to products or equipment manufactured by third parties.

44.5 This warranty does not affect any rights the Customer may have under the Consumer Guarantees Act 1993, where that Act applies.

45. Warranty Exclusions

45.1 Boyle Electrical's workmanship warranty does not apply where a defect or failure arises from:

  • normal wear and tear;

  • misuse or abuse;

  • accidental damage;

  • neglect or lack of maintenance;

  • vandalism or theft;

  • flooding, fire, earthquake, lightning or other natural events;

  • vermin, rodents or insects;

  • corrosion or environmental deterioration;

  • overloading of electrical circuits;

  • unstable or poor-quality electricity supply;

  • power surges not caused by Boyle Electrical;

  • alterations or repairs carried out by another person;

  • customer-supplied products;

  • manufacturer defects;

  • failure to follow manufacturer instructions.

45.2 Attendance for matters not covered by warranty may be charged at Boyle Electrical's standard rates.

46. Manufacturer Warranties

46.1 Goods supplied by Boyle Electrical are covered by the manufacturer's warranty only.

46.2 Boyle Electrical will provide reasonable assistance in facilitating warranty claims for products supplied by Boyle Electrical.

46.3 Boyle Electrical does not warrant that a manufacturer will accept a warranty claim.

46.4 Any labour not reimbursed by the manufacturer may be charged to the Customer where permitted by law.

47. Defects Procedure

47.1 The Customer must notify Boyle Electrical in writing of any alleged defect as soon as reasonably practicable after it becomes apparent.

47.2 Boyle Electrical must be given a reasonable opportunity to inspect the alleged defect before another contractor undertakes any remedial work.

47.3 Boyle Electrical shall not be liable for the cost of work carried out by third parties unless Boyle Electrical has first authorised that work in writing or is otherwise liable under New Zealand law.

47.4 Emergency work required to make an installation safe may be carried out by another suitably qualified electrician where it is unreasonable to wait for Boyle Electrical. The Customer should notify Boyle Electrical as soon as practicable in those circumstances.

48. Limitation of Liability

48.1 To the maximum extent permitted by New Zealand law, Boyle Electrical's total liability arising out of or in connection with the Goods or Services shall not exceed the total amount paid by the Customer under the relevant Contract.

48.2 Nothing in these Terms limits or excludes any liability that cannot legally be limited or excluded under New Zealand law.

48.3 To the maximum extent permitted by law, Boyle Electrical shall not be liable for any indirect, consequential or special loss, including (without limitation):

  • loss of profits;

  • loss of revenue;

  • loss of business opportunity;

  • loss of production;

  • business interruption;

  • loss of goodwill;

  • loss of data;

  • increased operating costs.

48.4 Boyle Electrical shall not be liable for losses arising from:

  • defects in existing installations not installed by Boyle Electrical;

  • interruption of electricity supply outside Boyle Electrical's control;

  • actions or omissions of electricity distributors, retailers or network companies;

  • delays caused by manufacturers or suppliers;

  • customer-supplied products;

  • hidden site conditions; or

  • events beyond Boyle Electrical's reasonable control.

49. Consumer Guarantees Act 1993

49.1 Where the Customer acquires Goods or Services for personal, domestic or household use, nothing in these Terms limits the Customer's rights under the Consumer Guarantees Act 1993.

49.2 Where the Customer acquires Goods or Services in trade or for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 is contracted out of to the fullest extent permitted by section 43 of that Act.

49.3 The Customer acknowledges that this clause is fair and reasonable, having regard to the nature of the Goods and Services and the parties' respective bargaining positions.

50. Fair Trading Act 1986

50.1 If both parties are in trade, the parties agree that sections 9, 12A and 13 of the Fair Trading Act 1986 are contracted out of to the extent permitted by section 5D of that Act.

50.2 Nothing in this clause limits any rights that cannot legally be excluded.

51. Privacy

51.1 Boyle Electrical will collect, use, store and disclose personal information in accordance with the Privacy Act 2020.

51.2 Personal information may be collected for purposes including:

  • providing quotations;

  • supplying Goods and Services;

  • administering accounts;

  • undertaking credit assessments;

  • recovering outstanding debts;

  • complying with legal obligations.

51.3 Where credit facilities are requested, the Customer authorises Boyle Electrical to obtain credit information from recognised credit reporting agencies and to disclose payment default information where permitted by law.

51.4 The Customer may request access to, or correction of, their personal information in accordance with the Privacy Act 2020.

52. Health and Safety

52.1 Boyle Electrical and the Customer will each comply with their respective obligations under the Health and Safety at Work Act 2015.

52.2 Boyle Electrical may suspend or refuse work where it reasonably believes continuing work would create an unacceptable health or safety risk.

52.3 The Customer shall be responsible for any reasonable additional costs incurred as a result of undisclosed hazards or unsafe site conditions.

53. Force Majeure

53.1 Boyle Electrical shall not be liable for any delay or failure to perform its obligations where such delay or failure is caused by circumstances beyond its reasonable control, including (without limitation):

  • natural disasters;

  • severe weather;

  • flooding;

  • earthquakes;

  • fire;

  • pandemics;

  • government restrictions;

  • strikes or industrial disputes;

  • supply chain interruptions;

  • shortages of labour or materials;

  • utility outages;

  • transportation failures.

53.2 Boyle Electrical will notify the Customer as soon as reasonably practicable if a Force Majeure event materially affects the performance of the Contract.

54. Dispute Resolution

54.1 If a dispute arises in relation to these Terms or the Goods and Services supplied by Boyle Electrical, the parties agree to first attempt to resolve the dispute through good faith discussions.

54.2 Either party may notify the other in writing of the nature of the dispute and the outcome sought.

54.3 The parties will use reasonable endeavours to resolve the dispute within ten (10) Business Days of the notice being received.

54.4 Nothing in this clause prevents either party from taking urgent legal action, seeking injunctive relief, or exercising any rights available under the Construction Contracts Act 2002.

54.5 Where the dispute relates to a payment claim issued under the Construction Contracts Act 2002, the provisions of that Act shall prevail.

55. Notices

55.1 Any notice required under these Terms may be given by:

  • hand delivery;

  • post;

  • email; or

  • any other electronic communication agreed between the parties.

55.2 A notice shall be deemed received:

  • immediately if delivered by hand during normal business hours;

  • three (3) Business Days after posting within New Zealand;

  • at the time the email leaves the sender's mail server, unless the sender receives notification that the email was not successfully delivered.

56. Electronic Communications

56.1 The Customer agrees that Boyle Electrical may provide quotations, invoices, payment claims, certificates and other documents electronically.

56.2 The Customer acknowledges that acceptance of a quotation by:

  • email;

  • text message;

  • electronic signature;

  • online acceptance;

  • purchase order; or

  • instructing Boyle Electrical to commence work,

constitutes acceptance of these Terms.

56.3 Electronic records maintained by Boyle Electrical may be relied upon as evidence of the Contract between the parties.

57. Assignment

57.1 The Customer may not assign or transfer any rights or obligations under these Terms without Boyle Electrical's prior written consent.

57.2 Boyle Electrical may subcontract any part of the Services to appropriately qualified contractors while remaining responsible for the overall performance of the Contract.

57.3 Boyle Electrical may assign its rights to recover payment owing under these Terms to a debt collection agency or other third party.

58. Amendment

58.1 Boyle Electrical may amend these Terms from time to time.

58.2 Any amendment will apply only to Contracts entered into after the amended Terms have been published or otherwise made available to the Customer.

58.3 The Terms applicable to a particular Contract shall be those in force on the date the Customer accepts the quotation or instructs Boyle Electrical to commence work.

59. Severability

59.1 If any provision of these Terms is found by a Court or Tribunal to be illegal, invalid or unenforceable, that provision shall be severed to the extent necessary.

59.2 The remaining provisions shall continue in full force and effect.

60. No Waiver

60.1 A failure or delay by Boyle Electrical to exercise any right under these Terms shall not constitute a waiver of that right.

60.2 Any waiver must be in writing and signed by an authorised representative of Boyle Electrical.

60.3 A waiver of one breach does not constitute a waiver of any subsequent breach.

61. Entire Agreement

61.1 These Terms, together with any accepted quotation, proposal, scope of works or other written agreement issued by Boyle Electrical, constitute the entire agreement between the parties.

61.2 They supersede all previous discussions, negotiations, representations or agreements relating to the Goods and Services.

61.3 No verbal statement or representation shall vary these Terms unless confirmed in writing by Boyle Electrical.

62. Governing Law

62.1 These Terms are governed by the laws of New Zealand.

62.2 The parties submit to the non-exclusive jurisdiction of the New Zealand Courts.

63. Contact Details

Boyle Electrical Limited

NZBN: 9429053424976

Phone: 022 429 6408

Email:josh@boyleelectrical.co.nz