Terms and Conditions of Trade
ATL Christchurch, trading as ATL Electrical
1. DEFINITIONS
ATL Electrical: Means ATL Christchurch Limited, trading as ATL Electrical
Client: Means the person, firm, company, or entity who purchases Goods and/or Services from ATL Electrical
Goods: Means all materials and products supplied by ATL Electrical
Services: Means all electrical or associated work performed by ATL Electrical
Site: Refers to the location where the Goods are delivered or Services performed.
2. SCOPE OF WORK
ATL Electrical will perform the quoted or agreed work with reasonable skill and care in accordance with relevant industry standards and within agreed timeframes.
3. ACCESS AND DELAYS
The Client must provide or arrange timely and reasonable access to the Site to facilitate the Services. ATL Electrical is not liable for delays or additional costs arising from restricted access, site conditions, or actions/inactions of third parties beyond ATL Electrical’s control.
4. CONSENTS
Unless otherwise agreed, the Client is responsible for obtaining any necessary consents for the Services. ATL Electrical may, at the Client’s request, obtain such consents at an additional cost.
5. OWNERSHIP AND SECURITY INTERESTS
a. Retention of Title
Ownership of all Goods supplied remains with ATL Electrical until full payment has been received.
b. PPSR Registration
ATL Electrical may register a security interest in all Goods and proceeds thereof on the Personal Property Securities Register (PPSR).
c. Equitable Interest and Caveat
Until full payment is made, the Client grants ATL Electrical an equitable interest in the land where the Goods and Services were provided and affixed. This equitable interest entitles ATL Electrical to register a caveat against the Client’s land to secure payment. The Client consents to the registration of such caveat and agrees not to object to or seek its removal until all amounts owing are paid in full.
6. LIMITATION OF LIABILITY
ATL Electrical’s liability is limited to the amount recoverable under its public liability insurance policy. If insurance cover is not available for any reason, ATL Electrical’s liability is limited to the total amount paid under the contract.
7. INSURANCE
ATL Electrical maintains appropriate Public Liability insurance. The Client must ensure insurance coverage is in place for the value of the work.
8. VARIATIONS
Any variation to the agreed work must be confirmed in writing. ATL Electrical reserves the right to charge additional fees for administration and the cost of variations.
9. PAYMENT TERMS
• A deposit may be required before commencement.
• Full payment is due upon completion unless otherwise agreed.
• For ongoing work, progress payments are due 7 days from the date of each payment claim.
• The Client must provide a payment schedule within 5 working days of receiving a payment claim under the
Construction Contracts Act 2002.
• Interest and recovery costs may apply to overdue invoices.
10. PERSONAL GUARANTEES
Where the Client is a company or trust, ATL Electrical may require personal guarantees from directors or trustees. These guarantees must be executed prior to the commencement of Services.
11. RECOVERY OF COSTS
The Client agrees to pay all costs incurred by ATL Electrical in recovering outstanding debts, including legal costs on a solicitor-client basis.
12. DEFECTS AND FAULTS
ATL Electrical will rectify any defects in workmanship as required by law. The Client must notify ATL Electrical in writing within 30 days of completion of any defects. Non-specific dissatisfaction does not constitute grounds for remedial work.
13. NOTICE PROVISIONS
Notices may be sent to any email address provided by the Client or used by the Client to communicate with ATL Electrical. Notices are deemed received upon successful transmission.
14. ENTIRE AGREEMENT
These terms and conditions represent the entire agreement between ATL Electrical and the Client. No other terms and conditions shall apply unless expressly agreed in writing by ATL Electrical.
15. GOVERNING LAW
This contract is governed by New Zealand law, including the Construction Contracts Act 2002 and the Contract and Commercial Law Act 2017.