Terms & Conditions
These Terms apply in respect of all electrical services and goods (“services”) provided by SPARKN Electrical Ltd (“SPARKN”) except to the extent that SPARKN otherwise agrees with you (“the Client”) in writing. These Terms shall apply regardless of whether you sign a copy of these Terms or not and employing the services of SPARKN is deemed as your acceptance of these Terms. In circumstances where there is any disparity as between the content and application of the estimate and these Terms of Trade, then the provisions of the estimate shall prevail.
1. The Provision of Services:
1.1 The services to be provided for the Client will be outlined in any estimate, letter or other written or oral advice by SPARKN.
1.2 The client acknowledges that an estimate does not amount to a quotation. Subject to this acknowledgement SPARKN will use their best endeavours to inform a client of any departure from the fee estimate in advance of additional costs being incurred.
1.3 In circumstances where products provided by SPARKN (excluding services) are subject to manufacturer’s warranties, SPARKN shall assign the benefit of those warranties to the client who will then be at liberty to pursue the warranty as against the manufacturer.
1.4 Subject to the above, it is acknowledged that a warranty will be avoided in circumstances of the client misusing the product or failing to notify SPARKN of any defect within a reasonable time of discovery.
1.5 In circumstances where the product is supplied to another business the client acknowledges that SPARKN does not warrant any product and/or componentry covered by manufacturer including, but not restricted to, circumstances where SPARKN is acting as consultant of the client.
1.6 SPARKN shall provide all warranties as may be supplied with products and/or componentry installed at the time of purchase.
1.7 SPARKN warrant that all installations will be in compliance with the manufacturer’s instructions or in accordance with best trade practice.
1.8 Where SPARKN undertakes any services pursuant to any warranty on behalf of a supplier or manufacturer, the Client acknowledges and agrees that SPARKN shall in all respects be entitled to payment for all labour cost, disbursements, expenses and ancillary materials that are not covered by the warranty.
1.9 If our customers are not completely satisfied with any product that is purchased from SPARKN, for whatever reason, the item may be returned, prepaid, within 30 days of purchase. We will gladly replace, exchange, or credit the items. We do ask that the item be returned in the same condition as received with all of the original paperwork. All returned Items for credit are subject to a 15% restocking fee. Shipping charges are non-refundable. No returns are accepted on used items, items that are not in original condition, books, videos, software, or cut lengths of line, rigging,
hose, piping, fabrics, etc. Special order items are also non-returnable.
1.10 SPARKN shall be entitled to subcontract the whole or any part of the services.
1.11 SPARKN may provide the Client with an estimate for the services and in the absence of same, the current hourly rate shall apply. Hourly rates are subject to change without notice.
1.12 Labour will be charged on an hourly basis or part thereof with a minimum charge out fee of $150 plus GST.
1.13 All materials, products and componentry are additional and shall be charged on to the Client. Margins may differ as to product or materials and are subject to change.
1.14 All disbursements and ancillary expenses including travel time are additional costs to the above.
1.15 All estimates, quotes and other costs as advised are exclusive of GST unless stated. GST shall be payable on all services.
1.16 All estimates or quotes of over $2000 will incur a 50% deposit up front.
1.17 Invoices are payable within seven (7) days following the date of invoice, such payment to be made without setoff or deduction unless alternative arrangements have been made and agreed with SPARKN in writing.
1.18 Late payments will incur interest on the amount outstanding at that rate being [4%] above SPARKN bank overdraft interest rate as may apply from time to time.
1.19 The Client will be responsible for all costs in connection with late payment including debt collection costs and all other costs and expenses incurred in recovery or the attempted recovery of all payments. SPARKN may register an unpaid debt with one or more credit agencies where payment is not made according to the above.
1.20 The client acknowledges that they have the legal authority to request the provision of services anticipated pursuant to the letter of estimate and, in particular, shall hold safe and indemnify SPARKN for any breach of this warranty and shall at times remain personally liable for payment of all costs, claims and expenses rising from the breach of this undertaking including costs of recovery on a solicitor/client basis.
2. Limitation of Liability
2.1 Nothing in these terms limit any rights the client has under the Consumer Guarantees Act 1993 (“the Act”). Except for those warranties that cannot be excluded by virtue of the Act, all statutory or implied conditions and warranties are excluded to the fullest extent permitted by law. To the extent permitted by law, the liability of SPARKN under any condition or warranty or other matter relating to the services, provided hereunder is limited to, the lesser of:
(a) Replacement of the goods; or
(b) Repair of the goods; or
(c) The cost of replacement; or
(d) The supply of services again; or
(e) Payment for the cost of having the services supplied again; or
(f) Payment of the cost of replacing the goods or of acquiring equivalent goods.
2.2 Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for, incorrect photos or typographical errors. We reserve the right to refuse any order, for any reason.
2.3 Any purchase is subject to New Zealand jurisdiction
3. Freight and International Shipping
3.1 Any customs duties, brokerage fees and import taxes that are levied by the shipper or importing country are the responsibility of the customer.
3.2 Unless specified, your order will be shipped via the most economical carrier which is typically New Zealand Couriers in New Zealand and DHL outside NZ. Shipping costs will be added to your order
SIGNED by the Client:
Client Name in full:
Client Physical Address:
Telephone: Date: