This document 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. A fixed price charge
will apply to common issue repairs. This will be assessed on a case-by-case basis.
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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.
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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.
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Signed by Guarantor
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Industrial Electronic Limited
Terms and Conditions of Trade
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.
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Industrial Electronic Limited
Terms and Conditions of Trade
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:
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Industrial Electronic Limited
Terms and Conditions of Trade
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.
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