Terms and Conditions of Trade

1. Acceptance of Terms of Trade
1.1 Contracting the supplier to carry out work or acceptance of a quote provided by Superheat Electrical constitutes acceptance by the customer of these terms and conditions.

2. Definitions. Unless the context requires otherwise, the following definitions shall apply to these terms of trade:

2.1 Superheat Electrical means “The Company Limited” and any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies. “Customer” means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer’s trustees, executors [if an individual or successors], permitted assigns, and/or administrators.
2.2 ”Goods” means the goods supplied to the Customer by Superheat Electrical which are described by item or indicated on the invoice associated with those goods. This also includes any packing or delivery slip supplied by Superheat Electrical in respect of the goods.

3. Quotes and Estimates
3.1 All quotes or estimates are valid for 30 days, after which we reserve the right to amend if necessary to allow for price variances.
3.2 That the work quoted for will proceed smoothly and there are no unforeseen difficulties with the work or time delays caused by the customer or for reasons outside Superheat Electrical’s control.
3.3 If additional work is required that could not be foreseen by Superheat Electrical at the time of providing the quote, then Superheat Electrical may at its option either cancel this contract or charge for such additional work at the usual rate.
3.4 No variations to the work originally quoted for shall be carried out without the agreement of both the customer and Superheat Electrical.
3.5 Where the customer and the supplier have agreed to the variation the supplier will be entitled to charge for the work involved in such variation at the supplier’s usual rate.

Note: If a customer changes their mind after a quote has been accepted and items have already been ordered, a restocking fee may be charged by Superheat Electrical’s supplier. This fee will be passed on to the customer to cover the costs associated with returning the items.

4. Price
4.1 All goods and services are supplied at the price ruling at delivery date and Superheat Electrical reserves the right to pass on to the customer any price increase incurred after the date of any quote.
4.2 All prices as quoted are exclusive of goods and services tax unless otherwise stated.
4.3 Where there is an unforeseen price increase by a Supplier that has not been accounted for in our quote or estimate, the Superheat Electrical will supply a variation of the direct increase to the client with no margin being added. The variation will be supplied at the time of the increase and paid under the normal terms, not at the end of the job.
4.4 Should there be a change of product after the quote has been accepted, Superheat Electrical will consult with the client and make any changes to products as agreed. Any changes will be passed on as a variation and the quote adjusted. This will work if there is either an increase or decrease to the original product price.

5. Payment
5.1 The Customer shall pay the price (including any additional charges) to the supplier in the following manner:

• As set out by Superheat Electrical in the written quotation/estimate/contract
• Standard payment terms will be 7 days, 14 days or 20th of the following month and will be stipulated on the customers invoice. Progress payments may be required in some instances via FeeFunders, and this will be outlined in the invoice by Superheat Electrical.

5.2 If full payment is not made by the customer to Superheat Electrical in accordance with clause 4.1 then the customer will be in default under this contract and Superheat Electrical may exercise all of the rights and remedies set out in this contract and otherwise available within the law; and

• The customer will pay an administration fee on overdue accounts of $55.00 per calendar month.
• The customer will be liable for all expenses incurred by the supplier in recovering the debt including but not limited to collection agency fee, legal fees and court costs inclusive of the disputes tribunal.
• The customer shall be liable to pay interest at the rate of 5% per month on top of all overdue accounts until paid in full.

5.3 The price for the goods and services supplied by Superheat Electrical shall become immediately payable, regardless of any other terms of payment, and Superheat Electrical may take immediate action to recover the price. This includes if the Customer is in default under any agreement with Superheat Electrical or commits an act of insolvency or bankruptcy, goes into liquidation, receivership, or voluntary administration, enters into a creditors’ composition, or has its credit standing impaired in any way.

6. Liability on Claims
6.1 All claims against Superheat Electrical by the customer must be made in writing within 7 working days of receipt of the suppliers invoice
6.2 The supplier reserves the right at its discretion to repair or replace goods or to credit the portion of the price applicable to the goods and services in respect of any claims accepted.
6.3 Superheat Electrical will use its best endeavors to enforce any guarantees or warranties given by the manufacturer of goods supplied.
6.4 In any event the total liability of the supplier for any loss arising from any defect or non-compliance of the goods and services or any other breach by Superheat Electrical of its obligations under this agreement will not in any circumstances exceed the price quoted by the supplier.
6.5 Under no circumstances will Superheat Electrical be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.

7. Ownership
7.1 Property in and ownership of the goods remains with Superheat Electrical until all money the customer owes to the supplier has been paid in full.
7.2 Superheat Electrical reserves the right to register its financial interest in the goods or service on the Personal Property Securities Register.
7.3 If the customer is in default under these terms and conditions, then Superheat Electrical will be entitled without notice to repossess the secured goods. The customer authorises the supplier or its representatives or employees to enter the property where the secured goods are situated for the purpose of repossession. The supplier will not be liable for any costs, expenses, damage or loss of any kind suffered by the customer as a result of repossession.
7.4 Any repossessed goods may be disposed of at the discretion of the supplier and any monies gained shall first be deducted from any money the customer owes the supplier including any interest due and any expense occurred by the supplier in enforcing its rights. Any surplus will pass to the customer.
7.5 The Customer waives its right under the Personal Properties Securities Act 1999 to receive any verification statement from Superheat Electrical.
7.6 The Customer shall immediately notify Superheat Electrical in the event that the Customer changes its name.

8. Consumer Guarantees Act
8.1 Where Superheat Electrical is supplying goods and services to the customer for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to section 43 the provision of that act will not apply to this agreement.

9. Information and Privacy Act
9.1 For the purpose of facilitating the efficient running of Superheat Electricals’ business, the customer authorises Superheat Electrical to collect all information it may require from any third parties and authorises those third parties to release that information to Superheat Electrical.
9.2 The customer agrees that this information may be passed to a third party or to any other person to facilitate collection of debts from the customer.
9.3 Such information will be accessible to any of Superheat Electricals’ employees and agents who need access to it for the efficient running of the Superheat Electricals’ business.
9.4 The customer may request access to and correction of this information at any time.
9.5 Superheat Electricals’ will comply with all requirements under the Privacy Act 2020

10. Construction Contracts Act 2002
10.1 Where not covered in these terms of trade or altered under mutual agreement, the default provisions in the Construction Contracts Act 2002 will be applied to any payment claims
10.2 Disputes will be referred to the adjudicator under the provisions in the Act.
10.3 We reserve the right to suspend work as allowed in the provisions in the Act

11. Personal Properties Security Act 1999
11.1 The customer agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms defined in the Personal Properties Securities Act 1999 (“PPSA”) in respect of which Superheat Electricals may register a financing statement on the Personal Property Securities Register.
11.2 The customer hereby waives its rights contained in sections 116,119,120(2), 121,125,126,127,129,131 and 132 of the PPSA.
11.3 The Customer grants Superheat Electrical general Security Interest in all present and after acquired assets to secure payment of the purchase price and in all proceeds the customer receives from selling Goods as defined in the Personal Property Securities Act 1999 (“PPSA”) supplied by Superheat Electricals
11.4 Each security interest created under these Terms is a continuing security, notwithstanding any intermediate payments or settlements of accounts or anything else and is in addition to, and is not to be merged with any other security or guarantee expressed or intended to be security for any Secured Indebtedness or any obligations owing by the Customer to Superheat Electrical.

12. Delivery & Risk
12.1 Risk in goods supplied will pass to the customer when the goods are delivered to the delivery point

13. Heath and Safety
13.1 The Supplier will be responsible for their own safety and health. The Supplier must comply with the Health and Safety at Work Act 2015, any regulations made under the Act, and any health and safety policies, directives or procedures of the business

14. Amendment
14.1 Superheat Electrical may amend these terms of trade from time to time. The Customer shall in respect of the supply of any goods or services by Superheat Electrical to the Customer be bound by the terms of trade applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request.