1. Definitions

Contractor means Boyle Electrical Limited, its employees, subcontractors, and agents.

Customer means the person, company, trust, organisation, or entity engaging Boyle Electrical Limited to provide goods and/or services.

Goods and Services means all electrical installation, maintenance, repair, testing, inspection, fault finding, consultancy, and related services provided by Boyle Electrical Limited.

Site means the location where the Goods and Services are provided.

2. Acceptance

2.1 By accepting a quotation, engaging Boyle Electrical Limited to perform work, or permitting work to commence, the Customer agrees to these Terms of Trade.

2.2 These Terms of Trade apply to all Goods and Services supplied unless otherwise agreed in writing.

3. Quotations

3.1 Quotations are valid for thirty (30) days unless otherwise stated.

3.2 Quotations are based on information available at the time of pricing and may be revised if:

• Site conditions differ from those disclosed.

• Additional work is required.

• Material costs increase significantly.

• Delays or disruptions occur outside Boyle Electrical's control.

3.3 Unless expressly stated, quotations exclude:

• Building consent fees.

• Council fees.

• Asbestos testing or removal.

• Structural work.

• Painting, plastering, or reinstatement by third parties.

• Network company charges.

4. Variations

4.1 Any work outside the original scope of the quotation shall be treated as a Variation.

4.2 Variations may be charged on a time and materials basis or quoted separately.

4.3 Variations instructed verbally by the Customer or their authorised representative may be deemed approved and charged accordingly.

5. Pricing

5.1 All prices are exclusive of GST unless otherwise stated.

5.2 Boyle Electrical reserves the right to charge for:

• Labour.

• Travel time.

• Vehicle charges.

• Materials.

• Equipment hire.

• Disposal costs.

• After-hours or emergency callouts.

5.3 Additional charges may apply for work completed outside normal business hours.

6. Payment Terms

6.1 Payment is due within seven (7) days of the invoice date unless otherwise agreed in writing.

6.2 Deposits may be required before work commences or materials are ordered.

6.3 Progress payments may be required for larger projects.

6.4 The Customer shall not withhold payment for completed work due to minor defects that do not materially affect functionality or safety.

7. Construction Contracts Act 2002

7.1 Where the Goods and Services supplied by Boyle Electrical fall within the scope of the Construction Contracts Act 2002, the provisions of that Act shall apply.

7.2 Boyle Electrical may issue payment claims in accordance with the Construction Contracts Act 2002.

7.3 The Customer acknowledges that any payment claim issued under the Construction Contracts Act 2002 must be responded to with a valid payment schedule within the time required by the Act.

7.4 Where a valid payment schedule is not provided, or payment is not made when due, Boyle Electrical may exercise all rights and remedies available under the Construction Contracts Act 2002, including:

• Suspending work.

• Recovering unpaid amounts as a debt due.

• Recovering costs associated with suspension.

• Pursuing adjudication or any other remedy available under the Act.

7.5 Any suspension of work due to non-payment shall not constitute a breach of contract by Boyle Electrical.

8. Overdue Accounts

8.1 Interest may be charged on overdue accounts at the rate of 2% per month, calculated daily.

8.2 The Customer shall indemnify Boyle Electrical against all costs incurred in recovering outstanding amounts, including solicitor fees, debt collection costs, and court costs.

8.3 Boyle Electrical may suspend ongoing work or refuse further services while any account remains overdue.

9. Retention of Ownership and PPSA

9.1 Ownership of all materials supplied by Boyle Electrical remains with Boyle Electrical until payment is received in full.

9.2 The Customer grants Boyle Electrical a security interest in all goods supplied until payment has been made in full.

9.3 The Customer agrees to do all things necessary to enable Boyle Electrical to register and maintain its security interest under the Personal Property Securities Act 1999.

9.4 The Customer waives its rights under sections 114(1)(a), 133 and 134 of the Personal Property Securities Act 1999 to the extent permitted by law.

10. Access to Site

10.1 The Customer shall provide safe and unobstructed access to the Site.

10.2 If access is delayed, restricted, or unavailable, Boyle Electrical reserves the right to charge for:

• Downtime.

• Additional labour.

• Return visits.

• Travel costs.

• Rescheduling costs.

10.3 The Customer is responsible for ensuring that:

• Relevant permissions have been obtained.

• Property boundaries and service locations are accurately identified.

• The Site is reasonably safe and accessible.

11. Hidden Site Conditions

11.1 Any quotation provided by Boyle Electrical is based on visible and reasonably identifiable conditions at the Site at the time of inspection or on information supplied by the Customer.

11.2 Boyle Electrical shall not be responsible for costs, delays, or additional work resulting from hidden, unforeseen, or undisclosed conditions including but not limited to:

• Non-compliant existing electrical installations.

• Unsafe wiring or equipment.

• Concealed cables, conduits, or services.

• Damaged or deteriorated wiring.

• Rodent, vermin, water, or fire damage.

• Asbestos-containing materials.

• Structural defects affecting the electrical works.

• Undocumented alterations.

• Previous defective workmanship.

• Restricted access to electrical infrastructure.

11.3 Where hidden or unforeseen conditions are discovered during the course of the work, Boyle Electrical may suspend affected works until the condition has been assessed and a suitable course of action determined.

11.4 Any additional labour, materials, equipment, testing, compliance work, specialist services, or delays arising from hidden or unforeseen conditions shall constitute a Variation and will be charged in addition to the original quotation.

11.5 Boyle Electrical will notify the Customer as soon as reasonably practicable where any hidden condition is likely to affect the scope, cost, or timing of the works.

11.6 Boyle Electrical reserves the right to refuse to continue work where existing conditions present a safety risk, breach applicable regulations, or prevent the works from being completed safely and compliantly.

12. Health and Safety

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

12.2 The Customer must advise Boyle Electrical of any known hazards at the Site prior to work commencing.

12.3 Boyle Electrical reserves the right to suspend or cease work where a health and safety risk exists.

12.4 Any delays or additional costs resulting from undisclosed hazards may be charged to the Customer.

13. Existing Installations

13.1 Boyle Electrical is not responsible for defects, faults, or non-compliant work within existing electrical installations not originally installed by Boyle Electrical.

13.2 Where existing defects, safety concerns, or compliance issues are discovered, Boyle Electrical may be required to rectify such issues before the requested work can proceed.

13.3 Any remedial work necessary to bring an installation into compliance with applicable standards or regulations shall be treated as a Variation.

14. Warranties

14.1 Boyle Electrical warrants its workmanship for a period of twelve (12) months from practical completion unless otherwise agreed in writing.

14.2 Manufacturer warranties apply to products and equipment supplied and remain subject to the manufacturer's terms and conditions.

14.3 Warranty claims do not apply where defects arise from:

• Misuse.

• Neglect.

• Accidental damage.

• Unauthorised repairs or alterations.

• Normal wear and tear.

• Events outside Boyle Electrical's reasonable control.

15. Defects and Claims

15.1 The Customer must notify Boyle Electrical of any alleged defect as soon as reasonably practicable after discovery.

15.2 Boyle Electrical must be provided a reasonable opportunity to inspect and rectify any defective workmanship before another party undertakes repairs.

15.3 Boyle Electrical shall not be liable for any costs incurred by the Customer through engaging third parties without prior written approval.

16. Limitation of Liability

16.1 To the maximum extent permitted by law, Boyle Electrical's liability shall be limited to the value of the Goods and Services supplied.

16.2 Boyle Electrical shall not be liable for:

• Consequential loss.

• Indirect loss.

• Loss of profit.

• Business interruption.

• Loss arising from power outages not caused by Boyle Electrical.

• Damage arising from defects in existing installations not installed by Boyle Electrical.

16.3 Nothing in these Terms excludes or limits any rights that cannot legally be excluded under New Zealand law.

17. Consumer Guarantees Act

17.1 Where the Customer acquires Goods or Services for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 shall not apply to the fullest extent permitted by law.

18. Force Majeure

18.1 Boyle Electrical shall not be liable for any delay or failure to perform its obligations where such delay or failure arises from circumstances beyond its reasonable control, including but not limited to:

• Natural disasters.

• Floods.

• Fire.

• Severe weather.

• Supply shortages.

• Industrial disputes.

• Government restrictions.

• Utility outages.

19. Cancellation

19.1 The Customer may cancel work prior to commencement by providing written notice.

19.2 Boyle Electrical may charge for:

• Work completed to the date of cancellation.

• Materials purchased or ordered.

• Non-refundable supplier costs.

• Reasonable administration costs.

19.3 Special-order or custom-made goods may not be eligible for refund.

20. Privacy

20.1 The Customer authorises Boyle Electrical to collect, use, store, and disclose personal information for the purposes of:

• Providing services.

• Credit assessment.

• Account administration.

• Debt recovery.

• Compliance with legal obligations.

20.2 Personal information will be managed in accordance with the Privacy Act 2020.

21. Dispute Resolution

21.1 The parties agree to attempt to resolve any dispute through good-faith discussions before commencing legal proceedings.

21.2 Where a dispute cannot be resolved, either party may pursue remedies available under New Zealand law.

22. Governing Law

22.1 These Terms of Trade shall be governed by and construed in accordance with the laws of New Zealand.

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

Boyle Electrical Limited
Phone: 022 429 6408
Email:josh@boyleelectrical.co.nz
NZBN: 9429053424976