Terms and Conditions

Please read this document carefully as these terms and conditions (“these Terms”) and any other documents we agree with you too form the basis of our current and future services to you. 

“You” and “their” means the party contracting with us and includes your directors, employees, contractors, subcontractors, and any agents. 

“We” “our” and “us” means Telcospec Limited (1580854). 

“Instructions” means any of your instructions to us to provide Services, whether contained in a service order, purchase order, any other similar arrangement, or given verbally. 

“Services” means the telecommunications, electrical or related services that we agree to provide to you in accordance with your Instructions and these Terms. 

1. The Agreement and our Services 

1.1 The Instructions you provide to us (if accepted by us in writing), together with these Terms, sets out the scope of our Services, identifies you as our client and constitutes our agreement with you (“Agreement”) in relation to the Services to be provided under the Agreement. In obtaining our Services under the Agreement, you acknowledge and agree that the Services provided by us to you under the Agreement are limited to the matters described in your written or verbal Instructions accepted in writing by us. 

1.2 Where there is a conflict between these Terms and any Instructions, these Terms will prevail unless you and we expressly agree, in writing, to the contrary. 

1.3 These Terms do not apply if you have entered into a separate agreement with us which governs the delivery of our Services. 

2. Our obligations 

2.1 In providing our Services under the Agreement, we will: 

(a) provide the Services to a reasonable standard, exercising reasonable care, diligence and skill and in accordance with the Instructions; 

(b) comply with all applicable laws in the provision of the Services; 

(c) use all information provided by you only for the purposes contemplated by the Agreement; 

(d) where access is provided to your premises or site, or the premises or site of your principal (as relevant), we will only access your premises or site for the purposes of providing the Services and will comply with all procedures relating to workplace health and safety and security made known to us and which are in effect at the relevant premises; and 

(e) co-operate with other persons who come on to the premises or site as necessary. 

3. Your obligations 

3.1 You will: 

(a) pay for the Services we provide in the manner required by this Agreement;

(b) make the premises or site at which the Services are to be delivered available to us to enable us to deliver the Services in a timely manner and in that connection provide us with any health and safety plan (if required); 

(c) initially and on an ongoing basis provide us with timely instructions, and all relevant information, to enable us to provide the Services to you in accordance with this Agreement; and 

(d) obtain all necessary consents and permits from the relevant authorities in relation to the work in respect of which we will provide the Services. 

4. Fees, expenses, and payment terms 

4.1 We will charge fees based on a variety of factors, including but not limited to: 

(a) time, travel, the hour, materials, assets or equipment, and labour involved in delivering the services; 

(b) the skill, specialist knowledge, and responsibility required; and 

(c) the scope of the services provided. 

4.2 If we are required to work outside of our normal business hours being Monday to Friday, 7:30am to 4:00pmwe may charge additional fees at our discretion. 

4.3 We will render an invoice to you within five business days of the end of each month for our fees and expenses for the Services provided in accordance with the Agreement during the previous month. 

4.4 You are generally required to make payment of our invoice by the 20th of the month following the month during which we issue an invoice to you. 

4.5 Acceptable methods of payment are Direct Credit. 

4.5 Interest is payable at a rate of 15% per annum on any outstanding amounts. 

4.6 Unless otherwise expressly stated amounts payable are GST exclusive. GST is payable on our fees and charges, including late payment interest. 

5. Estimates and quotes 

5.1 Any estimate or quote we provide is subject to change and should only be used as a guide. We may amend any estimate, quote, or breakdown of costs at any time. 

5.2 On request, we will, wherever possible, provide an estimate or quote for our Services to be provided in accordance with an Instruction. 

5.3 You acknowledge and agree that in some circumstances it may be necessary for us to commence work prior to reaching agreement with you on our fee for our Services. If that is the case, you P a g e 4 | 5 

where the other has given prior written consent for the disclosure; 

(b) where we are disclosing to a sub-contractor; 

(c) where required by law; 

(d) at the time of disclosure, the confidential information is in the public domain or subsequently enters, otherwise than in breach of these Terms. 

8. Dispute Resolution 

8.1 In the event a dispute arises in relation to our services or engagement, you agree with us to attempt to resolve the dispute in good faith by negotiation. 

8.2 If the dispute is not resolved in accordance with clause 8.1 above, within 15 working days, then you agree to enter into mediation with us with an independent mediator prior to commencing any legal proceedings. 

9. Termination

9.1 We may suspend providing services to you if you have not:

(a) paid our invoices by the due date;

(b) provided us the information we have requested; or

(c) done something we have requested you do.

9.2 Either party may terminate this Agreement at any time by giving with written notice.

9.3 Termination of this Agreement is without prejudice to any rights or remedies accrued to date, including the payment of any outstanding fees.

10. Electronic Communications 

10.1 You authorise us to make electronic copies of all documents we receive from you or on your behalf. Unless you instruct otherwise, a hard copy document may be destroyed after we have made an electronic copy. 

10.2 We will not be liable for any loss you may incur if electronic communication is corrupted, not received, delayed, duplicated, intercepted, looked at by someone other than the intended recipient, or if a document we prepare and send to you is altered by you without us first providing our authority. 

11. Governing Law 

11.1 These Terms and the Agreement are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts. 

12. General Matters 

12.1 We can amend these Terms at any time by writing to you.