WEL Networks Limited - Terms and Condition of contract for Vegetation Management
Unless the context otherwise requires, the following definitions shall apply to these terms and conditions (“terms”):
- "we" "our" "us" or “WEL” means WEL Networks Limited its assigns, subsidiaries, employees, directors, contractors, agents & suppliers.
- "you" means the purchaser of the services from us as set out on the quotation letter to which these terms are attached ("Quote").
- "default rate" means our bank’s unsecured interest rate plus a margin of 3% per annum."
- "services" means the provision by WEL of vegetation trimming and/or removal services as more particularly described on the Quote.
- "WEL equipment" means lines & equipment (including any transformers & metering & control equipment) supplied by us.
- "your point of supply" means point of supply as defined in section 2 of the Electricity Act 1992.
- Services supplied by us are supplied on the basis of these terms. In the event of any conflict between these terms and the provisions of any other arrangement between you and us these terms shall prevail unless otherwise agreed in writing signed by both you and us.
- You must pay for the services in the amounts and at the times set out in the Quote (plus GST at the then current rate). If a payment date is not specified in the Quote then payment must be made by the 20th of the month following the date of our invoice, without deduction or set-off of any kind. If any such payment is late, then without prejudice to any other right or remedies available to us under these terms, at law, in equity or otherwise we may:
(a) Charge interest, by way of liquidated damages, on all overdue accounts at the default rate calculated on a daily basis from the date on which payment was due until payment is made;
(b) Withhold undelivered services;
(c) Refer the matter to a debt collection agency for collection.
- You must, on demand, reimburse us for all costs (including legal costs on a solicitor/client basis) expenses & other sums reasonably incurred by us in exercising any right or remedy available to us consequent upon a default by you, which sum shall also carry interest at the default rate if unpaid within one calendar month of demand having been made.
- Unless previously withdrawn, any quotation shall remain open for acceptance within 30 days from its date.
- We will use reasonable endeavours to deliver the services promptly, however any indication or estimate of time provided to you is approximate only.
- We are not liable for loss or damage (of any kind and whether direct, indirect or consequential) arising from any delay in delivering the services, whether caused by Government order, civil commotion, accidents, fires, strikes, lock-outs or procurement delay whether as a result of shortage or otherwise.
- You must provide us with access to your property (and procure access to any neighbouring property) to allow us to deliver the services or to enable us to enforce these terms or comply with relevant laws. We may charge you extra to recover costs we incur from obtaining access to any such property, or any delay in obtaining any such access.
- WEL and you agree that access will usually be during business hours, except in the event of an emergency, where access may be without notice.
6.0 OUR RESPONSIBILITIES
- We are responsible for providing the services as set out in the Quote.
7.0 CONSUMER GUARANTEES ACT
- You acknowledge that where you are acquiring services for business purposes the provisions of the Consumer Guarantees Act 1993 do not apply to this contract otherwise nothing in these terms limits any rights you may have under the Consumer Guarantees Act 1993.
8.0 YOUR RESPONSIBILITIES
- You must provide, promptly, all relevant information, directions, assistance & co-operation as and when required by us as may be reasonably necessary for us to provide the services to you and undertake all activities that are identified as being your responsibility in the Quote.
- You must not do or allow to be done, anything which may harm WEL equipment on your property and must follow our reasonable directions in relation to such WEL equipment. You must notify us of any work, at any time, on your property which may affect WEL Equipment.
- You must advise us of any hazards or possible hazards as specified in the Health and Safety at Work Act 2015.
- You must notify us of any work, goods, equipment or services, whether owned by you or any other persons, located in the area which we are to carry out the services which may affect our ability to provide the services.
9.0 OTHER SERVICES
- Unless a plan showing the exact location of underground pipes, wires or cables had been forwarded to us by you prior to the formation of the contract, we will not be liable for any damage caused as a result of work performed to such pipes, wires or cables, or any resulting damage to property. You will be solely liable for any such damage.
Any charge for the removal of power lines or telephone cables will be your responsibility.
10.0 SELLING AND STUMP GRINDING
- Quotations for felling are based on the assumption of vegetation being free from metal, stone or other hidden obstructions. If the vegetation is impractical to fell in the normal way, we may re-quote accordingly.
- Stump grinding involves the removal of a tree stump to a depth of 150mm, but does not include the removal of lateral root or stump chippings.
11.0 LIMITATION OF LIABILITY
- In no case shall we be liable to you or any other person for indirect or consequential loss or damage of any kind arising out of or attributable to any breach by us of the warranties or conditions or obligations under these terms or negligence or otherwise. For the purposes of these terms consequential loss includes (without limitation) loss or use of goods & services, loss of income or profit & consequential loss or damage to persons & property.
- Regardless of the legal basis of any claim of any kind made against us, our maximum liability to you under any circumstances shall not exceed the sum paid by you for the services supplied by us and which gave rise to that claim.
- No employee, agent of, or independent contractor engaged by us shall in any circumstances be under any liability of any kind to you whether arising directly or indirectly from any act, neglect or default on the part of such person while acting in the course of or in connection with his or her employment, agency or engagement and, without prejudice to the generality of the foregoing provision, every exemption, limitation, condition & right expressed or implied in these terms on the part of or in our favour shall extend to protect every such employee, agent or independent contractor.
- We shall not be liable for any loss or damage of any kind arising out of or attributable to your interference with, or work undertaken by you or on your behalf, or your failure to perform agreed work, in relation to any services supplied by us without our consent.
- You indemnify us against any loss (including economic, indirect & consequential loss), liabilities, costs & expenses (including legal costs on a solicitor/client basis) arising out of or attributable to any breach by you of your warranties, conditions or obligations under these terms, or your negligence or otherwise.
- While we are a member of the Utilities Disputes, nothing in these terms limits or excludes any rights you may have, or obligations we may have, under that scheme.
- We will collect and hold personal information about you in the course of providing services to you.
- This information may be used for credit, marketing & administration purposes and we may disclose personal information about you to our agents and to any debt collection agency which we may use.
- We will comply with our legal requirements relating to the privacy of information which we hold about you, including giving you the rights to access and correct personal information conferred by the Privacy Act 1993.
- We shall not be deemed to have waived or varied any provision of these terms or any right or remedy which we may have under these terms or at law or in equity or otherwise unless the waiver or variation is in writing signed by us. No waiver of a breach shall be deemed to be a waiver of any other breach or any further breach.
- These terms and the relationship between the parties shall be governed by the laws of New Zealand.
- Each provision of these terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid it is to be treated as severed from these terms & the rest of these terms will not be affected.
- We may assign or transfer any of our rights under these terms at any time without your consent.