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Terms Of Trade
Of Hines Electrical & Security (NZ) Limited

These Terms of Trade apply to all goods and services we supply to you (the “Customer”). By requesting a quotation, placing an order, or allowing us to commence work, you agree to be bound by these Terms.

 

Definitions

  • “We”, “us” or “our” means Hines Electrical & Security (NZ) Limited.

  • “You” or “Customer” means the person or entity purchasing goods or services from us.

1. QUOTATIONS 

 1.1 Our quotations are valid for 30 days from the date of issue. 

1.2 We may withdraw or amend a quotation at any time before it is accepted. Once accepted, the quotation becomes binding, but we reserve the right to correct any genuine clerical or mathematical error by written notice. Any such correction will be discussed with you promptly. 

2. PRICES AND PAYMENT 

 2.1 Unless stated otherwise, our prices exclude GST, which will be added. 

2.2 Payment is due in full within 14 days of the invoice date. 

2.3 You may not set off any amounts you claim we owe against our invoices. 

2.4 We are not bound by any conditions you attach to a payment. Any payment marked “full and final settlement” is accepted as such only if we confirm in writing. 

2.5 If payment is late, we may charge interest at 1.5% per month (calculated daily from the due date) until paid in full. You must also reimburse us for all recovery costs, including solicitor and collection agency fees (on a solicitor and own client basis). 

2.6 You remain responsible for all charges on your account, even if placed by someone without your authority. 

2.7 We may immediately suspend work on any site if any invoice becomes overdue. We are not liable for any resulting delays, and any costs to recommence work (including time-related costs) will be chargeable to you. 

3. VARIATIONS

 3.1 Any variations or additional work requested by you must be agreed in writing (including any price adjustment) before we proceed. 

3.2 We are entitled to charge for any additional labour, materials, or time caused by variations, site conditions, or unforeseen difficulties not reasonably foreseeable at the time of quotation. 

4. CONSTRUCTION CONTRACTS ACT 2002 (CCA)

 4.1 Where the work qualifies as “construction work” under the Construction Contracts Act 2002, our invoices will constitute payment claims under that Act (and will be accompanied by the required Form 1 notice where applicable). 

4.2 You must respond to any payment claim with a payment schedule within the time required by the CCA if you wish to dispute any part of the claim. 

4.3 If you do not provide a valid payment schedule or pay the claimed amount by the due date, we may suspend work on the site and exercise all other rights available to us under the CCA, including recovering the debt as a due and payable amount. 

4.4 Nothing in these Terms limits our rights under the Construction Contracts Act 2002. 

5. TITLE AND RISK

 5.1 Ownership (title) of all goods we supply remains with us until you have paid all amounts owing to us in full. 

5.2 Risk (including responsibility for insurance) passes to you on delivery or installation (whichever occurs first). 

5.3 Until title passes: 

● You hold the goods as bailee only and must return them on request (unless they have become fixtures). 

● You must hold any insurance proceeds on trust for us. 

● You may sell the goods only in the ordinary course of business at market value and hold the proceeds on trust for us. 

● You must not create any charge or security interest over the goods. 

● We may enter your premises (or any site where the goods are located) to recover the goods and may remove installed items (such as alarm systems). We will take reasonable care to minimise damage but are not liable for any damage caused during removal. 

6. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)

6.1 These Terms create a security agreement under the PPSA. We have a security interest in all goods we supply and any related monetary obligations (including proceeds). 

6.2 You must do all things reasonably required by us to register, perfect, and maintain our security interest and waive any rights under the PPSA to the extent permitted by law (including rights to receive notices or make objections under sections 114, 115, 117, 120, 133, and 134). 

7. CONSUMER LEGISLATION

7.1 These Terms are subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 to the extent they apply. 

7.2 If you are acquiring the goods or services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to the extent it is lawful to contract out of it. You warrant that the goods and services are acquired solely for business purposes. 

8. SECURITY AND CHARGE

8.1 You charge all your present and after-acquired interest in land and other assets in our favour as security for your obligations to us. 

8.2 You indemnify us against all costs of enforcing this security (including solicitor costs on a solicitor and own client basis). 

8.3 You irrevocably appoint us and each of our directors as your attorney to do anything necessary to give effect to this security, including signing documents on your behalf. 

9. SITE CONDITIONS AND ACCESS

9.1 You must provide safe, clear access to the site and ensure the premises, structures, and existing electrical installations are suitable for the works. You are responsible for complying with all health and safety requirements. 

9.2 If we reasonably believe the site is unsafe or non-compliant (including asbestos, poor soil conditions, or electrical hazards), we may suspend work until it is made safe at your cost. 

9.3 We rely on the accuracy of all information, plans, and measurements you provide and are not liable for any loss caused by inaccuracies or omissions. 

9.4 If you supply materials or insist on using equipment against our advice, you accept full responsibility for their suitability and any resulting issues. 

10. WARRANTY, LIABILITY & ASSIGNMENTS

10.1 We will repair or replace defective warranted goods or services within 14 working days of receiving your written notice (during normal business hours of 8am to 4pm, Monday to Friday) where reasonably possible. 

10.2 Security systems have a 3-year warranty from the date of installation, extendable to a maximum of 7 years if you maintain an annual maintenance contract with us. Batteries and remotes are warranted for 12 months only. All other goods and services carry a maximum 12-month warranty. 

10.3 Warranties do not cover misuse, tampering, fair wear and tear, acts of God, or third-party damage. Warranties are void if payment is overdue or if the goods/services are serviced, repaired, or modified by anyone other than us. 

10.4 Alarm and security systems are a deterrent only and do not guarantee against loss, damage, or intrusion. 

10.5 Alarm monitoring services are provided by a 3rd party and liability for such services falls on the 3rd party, We may assign, transfer, or subcontract our rights and obligations under these Terms for the alarm monitoring services, to any third party, and you agree to be bound by any such assignment or transfer. 

10.6 The Customer acknowledges that where an alarm signal is received and a security guard is dispatched to the Site (Guard Callout), the Customer will be liable for all associated charges regardless of whether an actual emergency or intrusion is identified, including where the activation is due to false alarm, user error, authorised persons at the Site, or any cause not attributable to the Company; provided that the Customer will not be liable to the extent the Guard Callout was directly caused by proven faulty workmanship, defective equipment supplied by the Company, or an error by the Company or its monitoring provider, with the Company’s reasonable determination of the cause being binding unless proven otherwise. The Company may, in its sole discretion, waive or credit any such charges in whole or in part as a gesture of goodwill, and reserves the right to impose additional charges, require remedial action, or suspend services in the event of repeated false alarms.

 

10.7 To the maximum extent permitted by law, our total liability is limited to the original price of the specific goods or services supplied. We are not liable for any consequential, indirect, or special loss (including loss of profit, data, or business opportunity). All claims must be notified to us in writing as soon as reasonably practicable and no later than 10 days after the event. 

11. PRIVACY

11.1 You authorise us to collect, use, and disclose your (and your directors/principals’) credit information for credit assessment, debt collection, and related purposes. 

11.2 Under the Privacy Act 2020, you and your directors/principals have rights to access and request correction of any personal information we hold about you. 

12. ACCEPTANCE

12.1 By requesting a quotation, placing an order, or allowing us to commence work, you accept these Terms of Trade. 

12.2 These Terms continue to apply for as long as you have possession of any goods or benefit from any services we have supplied. 

13. FORCE MAJEURE

We are not liable for any delay or failure to perform our obligations if caused by an event beyond our reasonable control (including acts of God, flood, earthquake, fire, war, pandemic, strike, lockout, or supply chain disruption). We will notify you as soon as practicable. 

14. SEVERABILITY

If any provision of these Terms is held to be illegal, invalid, or unenforceable, that provision will be severed or read down to the extent necessary, and the remaining provisions will continue in full force and effect. 

15. GENERAL

15.1 These Terms are governed by New Zealand law. Both parties submit to the non-exclusive jurisdiction of the New Zealand courts. 

15.2 These Terms are subject to any rights that cannot lawfully be excluded under New Zealand legislation. 

15.3 Entire Agreement: These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements (whether written or oral) relating to the subject matter. 

15.4 No Reliance: You acknowledge that you have not relied on any representation, statement, or promise by us that is not expressly set out in these Terms. To the maximum extent permitted by law, we are not liable for any such representation, statement, or promise. 

15.5 Variation: We may amend these Terms from time to time. Any amended Terms will apply to all future transactions from the date they are notified to you (including by publication on our website). 

15.6 Waiver: Any failure or delay by us in exercising any right does not operate as a waiver of that right. 

15.7 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. 

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