This page sets out the terms and conditions between Industrial Electronic Limited (“the firm, we or us”) and the customer (“the customer or you”) regarding engaging our services and the payment terms for using our services for all current and future jobs you engage our services for (the Terms). These Terms override any agreements made in person, over the telephone, or in any other communication. You are deemed to have accepted these Terms of Trade if you request us to undertake any work.
Scope of Services:
Our services include assessing, repairing or attempting to repair, upgrading or installing your equipment/item.
1. Minimum Assessment Fee
The minimum assessment fee is $249 plus GST or actual time spent on assessing the job at $249 per hour plus GST. The minimum assessment fee is payable regardless of whether or not you go ahead with our services, if it is determined that your item is irreparable, or the fault cannot be identified. The minimum assessment fee covers the technician’s time to look at your job/item.
2. Attempted Repair and Successful Repair Risk:
We agree to use our best endeavours to successfully address and resolve the issue presented by you. However, we cannot guarantee a specific outcome. You agree to pay the invoice in full for all services provided to you, regardless of whether we are successful in fixing the issue or achieving the desired result. This includes but is not limited to the cost of the technician’s time to assess and attempt to repair the item and the cost of any parts that were used on the job. This applies to any job or service which takes place in our workshop on-site or off-site with our mobile services.
3. Authority and Guarantee
You personally undertake that you are authorised to enter into Terms on behalf of a company or organisation. if you are entering into these conditions on behalf of a Company, you also hereby agree to personally guarantee the obligations of the Company.
4. Business Hours and Location
Our services are performed during normal business hours being 09:00 to 16:30 Monday to Friday (excluding public holidays and annual shutdowns). Urgent out of hours services will incur a charge of 1.5 x our normal hourly rate/minimum assessment fee. It is your responsibility to deliver and collect your equipment from our premises. Any required freight or couriering of equipment is undertaken solely at your own risk, and we will not be held responsible for any damage or loss to your equipment by a third party.
You may incur additional charges for travel time and costs should you request our services be performed at a location different to our premises.
5. Fee Estimates
We endeavour to provide you with a realistic fee estimate as soon as possible based on the information available to us at the time. You acknowledge that in some cases a fee estimate will not be provided, particularly during after-hour calls. While all care and our best calculation is taken when preparing your fee estimate, it is possible that the final cost in the final invoice can differ from that of the fee estimate. Significant costs which fall outside of the fee estimate will be communicated during the repair process. We will strive to communicate and advise you of any circumstances where we are provided with new information during the provision of our services which would likely significantly increase the cost to you over and above the fee estimate. If you choose to stop the job on provision of the new information, all charges incurred up to that point will continue to be payable by you.
6. Deposits
Some services will require a deposit before work commences or before a part is ordered (“deposit notice”). If a deposit invoice is sent and remains unpaid before the work is due to commence, we reserve the right to halt work until payment is made. We also reserve the right to cancel the contract entirely in cases where payment is late or delayed. You acknowledge that timely payment of invoices is essential for the continuation of services, and any delay in payment may result in interruptions or delays in the provision of services. We will not be held liable or responsible for any losses, damages or inconveniences incurred by you as a result of delayed payments.
7. Provision of Services and Warranty Claims
Full normal payment terms apply where part of a job includes a Warranty Claim on a third party or a manufacturer. Any funds recovered from a Warranty Claim will be credited to you.
8. Warranty
You warrant that you have all necessary rights and third-party consents as required by you to enable us to provide our services.
9. Parts and Accessories
9.1. If you acquire any parts or accessories for the purposes of a trade or business, you acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply.
9.2. Any parts or accessories supplied to you as part of our services will be charged to you in addition to the performance of our services (unless otherwise stated). Ownership to such parts or accessories will pass to you upon full payment of our invoice. The sale of any parts or accessories is final and non-refundable. We do not provide any warranty as to the quality or suitability of the parts or accessories for any purpose. A 90-day replacement period is provided with the sale of any parts or accessories that we deem to be faulty at our discretion. We only cover the faulty part and our time, not any indirect or consequential loss. It is your obligation to remove and return the part or computer and deliver it to us. You will incur an additional charge if you have requested us to further test any part or accessory provided by us and no fault is found.
10. Third Parties
We may request the assistance of third parties from time to time to perform and deliver our services. We will notify you that a third party is required. We do not guarantee the level of quality and service undertaken by any third party.
11. Limitation of Liability
You acknowledge that we shall not be held liable for any damage, loss, or injury to any equipment (“loss”), whether caused directly or indirectly by us, our employees, agents, contractors or any other party associated with the services. This includes, but is not limited to, damage to equipment arising from the assessment, use, handling, transport, installation or maintenance of such equipment, regardless of whether the damage is the result of negligence, breach of contract, or any other cause of action. Should it be found we are liable for loss then maximum liability will be no more than the fee we charged in relation to the particular job where the loss occurred.
12. Indemnity
You agree to indemnify and hold us harmless from any claims, damages, or costs arising from your failure to disclose relevant information, from your negligence or actions or from enforcing the limitation of liability clause.
13. Payment Terms and Equipment Collection
13.1. Payment is due before the job/equipment is released to the customer and you are responsible for collecting any equipment you have left on our premises within seven (7) days after we notify you that it is available for collection. Full payment of our invoice is required prior to collection of equipment unless we agreed to provide services on the following payment terms:
13.1.1. Payment for our services is due on or before the 7th day of the invoice being issued unless otherwise stated. Any account enquiries can be sent to our accounts manager by email at accounts@ier.co.nz.
13.1.2. A default rate of 5% compounded interest is applied to any amount remaining owing after the invoice is due to be paid.
13.1.3. Any administrative costs related to debt collection such as third pard debt collection costs, legal costs on a client/solicitor basis will be added to invoices that remain outstanding from the due date.
13.1.4. Should you refuse or be unable to pay our invoice by the due date, we have the right to retain your equipment alongside any parts or accessories we have supplied you with. We reserve the right to register our legal claim on the Personal Property Securities Register and sell any such equipment pursuant to the Personal Property Securities Act 1999.
14. Personal Data
14.1. While providing electrical repair services, we may collect and process personal data, including but not limited to, contact information (such as name, address, phone number, and email), payment details, and service-related data. This data is collected to facilitate the provision of services, process payments, and manage customer relationships.
14.2. We will not be held responsible for any of your personal data which is stored on any equipment you provide to us for any assessment or repair. You consent to the provision of personal data by us to any third parties, including those used to recover any debts, or manufacturers where necessary. You accept that we cannot be held responsible for the security or confidentiality of any personal data on any such equipment where we need to send any such equipment to any third parties or manufacturers.
15. Right to Change Terms We reserve the right to change these Terms without any provision of notice to you.
16. Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of New Zealand, the invalidity, illegality, or unenforceability of such provision shall not affect the validity of the remaining provisions. The parties agree that the invalid, illegal, or unenforceable provision shall be modified or replaced with a valid and enforceable provision that most closely reflects the original intent of the provision, to the extent permissible under New Zealand law.