Laser Electrical Auckland Central
P.O.Box 47 155, Ponsonby Auckland. 183 Mt Eden Road, Mt Eden
Tel: 09 6388883 Fax: 09 6388727
1.1 “Laser” shall mean Laser Electrical Auckland Central], or any agents or employees thereof. Laser Electrical Auckland Central], is a trading company of Fire and Electrical Contracting Ltd and trades independent to Laser Electrical] Group Limited. Laser Electrical Auckland Central uses the Laser™ name pursuant to a franchise agreement with Laser Electrical] Group Limited.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Laser.
1.3 “Goods” shall mean:
1.3.1 all Goods of the general description specified on the front of this agreement and supplied by Laser to the Customer; and
1.3.2 all Goods supplied by Laser to the Customer; and
1.3.3 all inventory of the Customer that is supplied by Laser; and
1.3.4 all Goods supplied by Laser and further identified in any invoice issued by Laser to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 all Goods that are marked as having been supplied by Laser or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Laser; and
1.3.6 all of the Customer’s present and after-acquired Goods that Laser have performed work on or to or in which goods or materials supplied or financed by Laser have been attached or incorporated.
1.3.7 the above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Goods and Services” shall mean all goods, products, services and advice provided by Laser to the Customer and shall include without limitation all contracting and maintenance services and the supply of components and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services by Laser to the Customer.
1.5 “Price” shall mean the cost of the Goods and Services as agreed between Laser and the Customer and includes all disbursements eg charges Laser pay to others on the Customer's behalf subject to clause 4 of this contract.
2.1 Any instructions received by Laser from the Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Laser to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Goods and Services provided by Laser to any other party.
3.2 The Customer authorises Laser to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by Laser at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Laser between the date of the contract and delivery of the Goods and Services.
5.1 Payment for Goods and Services shall be made in full on or before the date of the invoice (“the due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Laser in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
6.1 Where a quotation is given by Laser for Goods and Services:
6.1.1 Unless otherwise agreed the quotation shall be valid for ninety (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 Laser reserve the right to alter the quotation because of circumstances beyond its control.
6.2 Where Goods and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods and Services.
7.1 Risk in any Goods and Services supplied by Laser shall pass when the Goods and Services are delivered to the Customer and it shall be the Customer’s obligation to insure the Goods and Services from that time.
8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1 Title in any Goods supplied by Laser passes to the Customer only when the Customer has made payment in full for all Goods provided by Laser and of all other sums due to Laser by the Customer on any account whatsoever. Until all sums due to Laser by the Customer have been paid in full, Laser has a security interest in all Goods.
8.2 If the Goods are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods shall remain with Laser until the Customer has made payment for all Goods, and where those Goods are mixed with other property so as to be part of or a constituent of any new Goods, title to these new Goods shall deemed to be assigned to Laser as security for the full satisfaction by the Customer of the full amount owing between Laser and Customer.
8.3 The Customer gives irrevocable authority to Laser to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after default by the Customer or before default if Laser believes a default is likely and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated. Laser shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Laser may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoice value thereof less such sum as Laser reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Goods are retained by Laser pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
8.5 The following shall constitute defaults by the Customer:
8.5.1 Non payment of any sum by the due date.