REARDON ELECTRICAL TERMS & CONDITIONS

1. Definitions

1.1. “We”, “Us” and “Our” mean Reardon Electrical Limited, its successors and assignees or any person acting on behalf of and with the authority of Reardon Electrical Limited.

1.2. “You” means the client or the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one client is a reference to each client jointly and severally.

1.3. “Goods” means all Goods supplied by us to you at your request from time to time.

1.4. “Services” means all Services supplied by us to you at your request from time to time.

1.5. “Price” means the Price payable for the Goods as agreed between Reardon Electrical and the Client in accordance with clause 3 below.

2. Acceptance

2.1. Once you engage our services, you are deemed to have accepted our terms and conditions which will not change unless we agree to that change in writing.

3. Price and Payment

3.1. The Price shall be either:

(a) as indicated on any invoice we provide to you; or

(b) our quoted price, which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

3.2. We reserve the right to change the Price:

(a) if there is a change to the Goods ordered; or

(b) if there is a change to the Services scheduled (including any applicable plans or specifications); or

(c) where more Services are required due to any difficulties in carrying out your order that we discover on the job (including, but not limited to, hard rock barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring in walls); or

(d) if we incur increased labour costs or increased Goods costs beyond our control.

3.3. We may require you to pay a non-refundable deposit.

3.4. You must pay by the due date on your invoice.

3.5. The Price does not include GST. In addition to the Price you must pay us an amount equal to any GST we must pay for any supply by us under this or any other agreement for the sale of the Goods.

4. Title

4.1. You agree that you do not own the Goods until you have paid for them in full.

4.2. If you pay us in anything other than cash, payment of the Price has not been made until we actually receive your funds.

4.3. It is further agreed that until you have paid the Price in full and if you hold any Goods that you have not paid for:

(a) you are only holding the Goods on trust for us (i.e. we still own the goods) and you must return the Goods to us when we ask.

(b) if the Goods are lost, damaged or destroyed, you will pay for the Goods. Otherwise if your insurance covers the Goods, you must pay us the amount that your insurance company pays for the Goods.

(c) you must not deal with the Goods as if you own the Goods, and if you sell the Goods you must keep the proceeds and hold them on Trust for us, you must then deliver us the proceeds when we ask.

(d) you must not deal with the Goods as if you own the Goods by changing them into something else, but if you do you must hold the resulting product on trust for us and you must deal with the resulting product as we direct.

(e) you irrevocably authorise us to enter any premises where we believe the Goods are kept and recover possession of the Goods.

(f) we may recover possession of any Goods in transit whether or not delivery has occurred.

(g) you must not register any interest or let any other parties register interest over the Goods.

(h) we may sue you to recover the Price of the Goods notwithstanding that ownership of the Goods has not passed to you.

5. Personal Property Securities Act 1999 (“PPSA”)

5.1. You acknowledge and agree that:

(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and

(b) a security interest is taken in all Goods previously supplied by us to you (if any) and all Goods that will be supplied in the future by us to you.

5.2. You undertake to:

(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which we may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

(b) indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;

(d) immediately advise us of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

5.3. Nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

5.4. You waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

5.5. Unless otherwise agreed to in writing by us, you waive your right to receive a verification statement in accordance with section 148 of the PPSA.

5.6. You shall unconditionally ratify any actions taken by us under the above clauses.

6. Consumer Guarantees Act 1993

6.1. If you are acquiring Goods and/or Services for the purposes of a trade or business, you acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods and Services by us to you.

7. Default and Consequences of Default

7.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of two and a half percent (2.5%) per calendar month (and at our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

7.2. If you fail to pay the full amount by the date stated on your invoice, you agree to pay our debt recovery agency fees which will be up to 25% of the unpaid portion of the price, but not less than $25.00.

7.3. Without limiting any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment) under these terms and conditions we may suspend or terminate the supply of Goods to you. We will not be liable for any loss or damage you suffer because we have exercised our rights under this clause.

7.4. Without limiting any other remedies available to us, we may cancel any order that has not yet been completed and your invoice will become immediately payable if:

(a) any money payable to us becomes overdue, or in our opinion you will be unable to make a payment when it falls due;

(b) you become insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or makes an assignment for the benefit of your creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed for you or any of your asset.

8. Privacy Act 1993

8.1 You authorise us or our agent to:

(a) access, collect, retain and use any information about you;

(i) including any overdue fines balance information held by the Ministry of Justice to assess your creditworthiness; or

(ii) To market products and services to you.

(b) disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you.

8.2 Where you are an individual the authorities under clause 8.1 are authorities or consents for the Privacy Act 1993.

8.3 You shall have the right to request a copy of the information we hold about you and the right to request correction of any incorrect information we hold about you.

9. Construction Contracts Act 2002

9.1 You expressly acknowledge that:

(a) We have the right to suspend work within five (5) working days of written notice of our intent to do so if a payment claim is served on you, and:

(i) the payment is not paid in full by the due date for payment and no payment schedule has been given by you; or

(ii) a scheduled amount stated in a payment schedule issued by you in relation to the payment claim is not paid in full by the due date for its payment; or

(iii) you have not complied with an adjudicator’s notice that you must pay an amount to us by a particular date; and

(iv) we have given written notice to you of our intention to suspend the carrying out of construction work under the construction contract.

(b) if we suspend work, we:

(i) are not in breach of contract; and

(ii) are not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by you or by any person claiming through you; and

(iii) are entitled to an extension of time to complete the contract; and

(iv) keeps our rights under the contract including the right to terminate the contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.

(i) affect any rights that would otherwise have been available to us under the Contract and Commercial Law Act 2017; or

(ii) enable you to exercise any rights that may otherwise have been available to you under that Act as a direct consequence of us suspending work under this provision.