Terms & Conditions

Acceptance of Terms and Conditions
1. Contracting Safe Power Services to carry out work or acceptance of a quote or estimate provided by Safe Power Services constitutes acceptance by the Customer of these terms and conditions.
Quotes and Estimates
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.
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 Safe Power Service’s control.
3. If additional work is required that Safe Power Services could not have foreseen at the time of providing the quote, then Safe Power Services may at its option, quote, or charge for such additional work at Safe Power Services usual rate.
4. No variations to the work originally quoted for shall be carried out without the Agreement of both the Customer and Safe Power Services.
5. Where the Customer and Safe Power Services have agreed to the variation, Safe Power Services will be entitled to charge for the work involved in such variation at Safe Power Services usual rate.
Price
1. All goods and services are supplied at the price ruling at delivery date and Safe Power Services reserves the right to pass on to the Customer any price increase incurred after the date of any quote.
2. All prices as quoted are exclusive of goods and services tax unless otherwise stated.
Payment
1. The Customer shall pay the price (including any additional charges) to Safe Power Services in the following manner:
  - As set out by Safe Power Services in the written quotation/estimate/contract Standard payment terms will be seven-days, 14-days or 20^th of the following month and will be stipulated on the Customer’s invoice. Progress payments may be required in some instances, and this will be outlined in the quotation/contract by Safe Power Services.
2. If full payment is not made by the Customer to Safe Power Services in accordance with clause 4.1.a then the Customer will be in default under this contract and the supplier may exercise all 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 $15.00 + GST per calendar month at Safe Power Services’ discretion.
  - The Customer will be liable for all expenses incurred by Safe Power Services in recovering the debt including but not limited to collection agency fees, legal fees, and court costs inclusive of the Disputes Tribunal.
  - The Customer shall be liable to pay interest at the rate of 2% above the current bank overdraft interest rate on all overdue accounts at Safe Power Services discretion.
Termination
1. Duration: Unless terminated under this clause, the Agreement starts and ends on the dates set out in Schedule 1.
2. Termination rights: Either Party may, by notice to the other Party, immediately terminate the Agreement if the other Party:
  1. breaches any material provision of the Agreement and the breach is not:
    - remedied within 10-days of the receipt of the notice from the first Party requiring it to remedy the breach; or
    - has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of external administration, or ceases to continue business for any reason; or
    - is unable to perform a material obligation under the Agreement for 30-days or more due to force majeure.
3. Consequences of expiry or termination:
  - Expiry or termination of the Agreement does not affect each Party’s rights and obligations accrued before the expiry or termination date.
  - All Supplier assets remain the property of Safe Power Services and are recoverable from Customer’s premises
  - The Customer must pay for services provided before the expiry or termination date
  - For purposes of clarity, provisions regarding use and responsibility for damage to Safe Power Services assets (lease box) remain in effect until Safe Power Services has removed asset from site.
4. Obligations continuing: Clauses which, by their nature are intended to survive expiry or termination, including clauses 5, 6, 7, 12 and clauses of the Safe Power Services Lease Box Terms and Conditions remain in force.
Liability on Claims
1. Any claims against Safe Power Services by the Customer, must be made in writing and be received prior to the due date for payment of Safe Power Services invoice.
2. Safe Power Services 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.
3. Safe Power Services will use its best endeavours to enforce any guarantees or warranties given by the manufacturer of goods supplied by Safe Power Services. Any exceptions will be considered on a case-by-case basis.
4. In any event the total liability of Safe Power Services for any loss arising from any defect or non-compliance of the goods and services, or any other breach by Safe Power Services of its obligations under this Agreement, will not in any circumstances exceed the price quoted per item by Safe Power Services.
Liability
1. Maximum liability: The maximum aggregate liability of the Supplier under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed the Fees paid and/or payable by the Customer under the Agreement for Services properly provided in accordance with the Agreement.
2. Unrecoverable loss: Except for the Customer’s liability to pay the Fees, neither Party is liable to the other under or in connection with the Agreement for any loss of profit, data, savings, business, revenue, and/or goodwill, or any indirect, consequential, incidental, or special loss or damage of any kind.
3. Unlimited liability:
  Clauses 7.1 ad 7.2 do not apply to limit the Supplier’s liability for:
  - personal injury or death.
  - fraud or wilful misconduct; or
  - breach of clause 7.
  - Clause 7.1 does not apply to limit the Customer’s liability for those matters stated in clauses 7.3.a.i. – 7.3.a.iii
4. No liability for the other’s failure: Neither Party will be responsible, liable, or held to be in breach of the Agreement for any failure to perform its obligations under the Agreement or otherwise, to the extent the failure is directly caused by the other Party failing to comply with its obligations under the Agreement, or by the negligence or misconduct of the other Party or its personnel.
Ownership
1. Property in, and ownership of the goods, remains with Safe Power Services until all amounts the Customer owes to Safe Power Services, has been paid in full.
2. Safe Power Services reserves the right to register its financial interest in the goods or service on the Personal Property Securities Register.
3. If the Customer is in default under these terms and conditions, then Safe Power Services will be entitled without notice to repossess the secured goods. The Customer authorises Safe Power Services or its representatives, servants, agents or employees to enter the property where the secured goods are situated for the purpose of repossession. Safe Power Services will not be liable for any costs, expenses, damage or loss of any kind suffered by the Customer as a result of repossession.
4. Any repossessed goods may be disposed of at the discretion of Safe Power Services and any monies gained shall first be deducted from any money the Customer owes Safe Power Services including any interest due and any expense occurred by Safe Power Services in enforcing its rights. Any surplus will pass to the Customer.
Consumer Guarantees Act
1. Where Safe Power Services 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.
Information and Privacy Act 2020
1. For the purpose of facilitating the efficient running of Safe Power Services business, the Customer authorises Safe Power Services to collect all information it may require from any third parties and authorises those third parties to release that information to Safe Power Services.
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.
3. Such information will be accessible to any of Safe Power Services employees, contractors and professional advisors who need access to it for the efficient running of Safe Power Services business.
4. The Customer may request access to and correction of this information at any time.
5. Security: Each Party agrees that, unless it has the prior written consent of the other Party, it will:
  - keep confidential at all times the Confidential Information of the other Party; and ensure that any personnel including contractors or professional advisor to whom a Party discloses the other Party’s Confidential Information is aware of, and complies with, this clause.
6. Disclosure required: The obligations of confidentiality in clause 10 do not apply to any disclosure:
  - for the purpose of performing the Agreement or exercising a Party’s rights under the Agreement.
  - required by law (including under the rules of any stock exchange).
  - of Confidential Information which:
    - is publicly available through no fault of the recipient of the Confidential Information or its personnel; or
    - was rightfully received from a third Party without restriction and without breach of any obligation of confidentiality; or
7. Return of information: Except to the extent that a Party has ongoing rights to use Confidential Information, a Party must, at the request of the other Party following the expiry or termination of the Agreement, promptly return to the other Party or destroy all Confidential Information of the other Party in the recipient Party’s possession or control.
Construction Contracts Act 2002
1. Where not covered in these terms and conditions or altered under mutual Agreement, the default provisions in the Construction Contracts Act 2002 will be applied to any payment claims.
2. Disputes will be referred to the adjudicator under the provisions in the Act.
3. We reserve the right to suspend work as allowed in the provisions in the Act.
Personal Properties Security Act 1999
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 the contractor may register a financing statement on the Personal Property Securities Register.
2. The Customer grants to Safe Power Services a general Security Interest in all present and after acquired assets to secure payment of the purchase price and in all proceeds the Buyer receives from selling Goods as defined in the Personal Property Securities Act 1999 (“PPSA”) supplied by H.B.P.L.
3. For the purposes of section 148 of the PPSA, the Customer agrees that Safe Power Services does not have to provide a Verification Statement to the Buyer when Safe Power Services registers a Financing Statement in respect of any Security Interest created by this Agreement.
4. For the avoidance of doubt, words or phrases used in this clause herein have the same meaning as that which is given to them in Section 16 of the PPSA.
5. The Customer agrees that nothing in sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA shall apply to these terms and conditions.
6. The Customer agrees that its rights as debtor in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA shall not apply to these terms and conditions.
Delivery and Risk
1. Risk in goods supplied will pass to the Customer when the goods are delivered to the delivery point by Safe Power Services or their nominated agent.|
Warranties
1. Details of warranties available, if any, will be provided upon request but are subject to clauses 14.2 and 14.3. Except to the extent of written warranties given by us to the Customer, all warranties, and representations in respect of Goods sold or services supplied are excluded to the extent permitted by law, including those expressed or implied by law. Where any written warranty conflicts with clauses 14.2 or 14.3 the provisions of clauses 14.2 and 14.3 as applicable shall prevail.
2. Safe Power Services shall not be liable, whether in contract, tort (including negligence) or otherwise:
  - Where the Customer may have altered or modified the Goods, mis-applied the Goods, or have subjected them to any unusual or non-recommended use, servicing or handling.
  - For loss or damage caused by any factors beyond our control.
  - For any indirect or consequential loss or damage of any kind or for any loss of profit or revenue.
  - For any second-hand Goods.
  - Where the terms of any written warranty have not been complied with, or any manufacturers’ handbook provided to the Customer has not been complied with, or any reasonable and lawful instructions notified by us to the Customer have not been complied with.
  - Safe Power Services total liability under any warranty for defective or damaged Goods supplied by us or in relation to the provision of services or other breach of these Terms is limited at our option to either:
    - Replacing or repairing the defective or damaged Goods; or
    - Refunding the price of the defective or damaged Goods or provision of service.
  - Any Goods returned to Safe Power Services must be returned freight paid. The Customer can claim for any reasonable freight charges where Goods are defective. Where Safe Power Services elect to repair defective Goods, we will use all reasonable endeavours to repair the Goods, as soon as possible, but will not be liable for any delay in completing the repairs. Note for any returned wiring, the original cutting fee will still be payable.
Health and Safety
1. Safe Power Services will be responsible for their own safety and health. Safe Power Services 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.