Standard Terms and Conditions of Trade
Northfreeze Refrigeration and Electrical 2024 Limited

1. Definitions
‘Agreement’ means the understanding or arrangement between the Customer and the
Repairer for the checking, repair, supply, installation, certification, or maintenance of
systems, equipment, or installations. This may be formal or informal, written or oral.
‘Customer’ means the person, business, society, trust, body corporate or company who, or
on whose behalf, requests the Repairer to perform the Works.
‘Repairer’ means Northfreeze Refrigeration and Electrical 2024 Limited and any of its
employees, agents or contractors.
‘Vessel’ means the boat or vessel named and described to the Repairer that appears on the
quotation, invoice, or other document issued by the Repairer to the Customer.
‘Premises’ means the property, building, or site at which the Works are carried out.
‘Works’ means all work carried out by the Repairer at the request of the Customer,
including but not limited to:
• repairs, maintenance, and installation;
• the supply of all labour (including overtime and call-outs);
• the supply of materials, freight, tools, vehicles, storage of parts, consumables, and the
removal or disposal of materials, parts, or equipment.

2. Scope of Works and Authorisation
The Customer warrants that it is the owner of the Premises or Vessel, or has the authority of
the owner to request that the Repairer perform the Works.
The Customer authorises the Repairer to carry out the Works by whatever means and in
whatever circumstances the Repairer considers necessary and appropriate.
The Repairer may suspend or vary the Works if unforeseen issues, hazards, or additional
faults are discovered. Any additional work or materials required will be charged at the
Repairer’s standard rates unless otherwise agreed in writing.
Quotes are valid for the period stated on the quotation. If no period is stated, the quote is
valid for 30 days from the date of issue.

3. Terms of Payment
All invoices are payable on the due date stated on the invoice (unless otherwise agreed in
writing).
If the Customer fails to pay any invoice by the due date, interest may be charged at 2% per
month (compounding monthly) on the overdue balance.
Defaulting debtors will be liable for all collection costs and legal expenses (on a solicitor
client basis) incurred in recovering overdue amounts.
Title in all goods supplied (including those installed or incorporated into other property)
remains with Northfreeze Refrigeration and Electrical 2024 Limited until all amounts
owing, including interest and costs, are paid in full.
Customers claiming exemption from GST must provide a valid TIE form for their vessel. If
this is not supplied, 15% GST will be charged.

4. Risk
Risk in any goods passes to the Customer upon delivery or installation, whichever occurs
first. The Repairer is not responsible for any loss or damage to goods after that time.

5. Liability Limitation and Indemnity
To the extent required by the Consumer Guarantees Act 1993, certain conditions and
warranties are implied for the benefit of the Customer and cannot be excluded.
Where the Customer acquires the services of the Repairer for business purposes, the
provisions of that Act do not apply.
Except to the extent required by law, the Repairer shall not be liable for any loss, damage or
injury of any kind arising out of or in any way connected with the performance of the
Works, whether caused by negligence, breach of contract, or otherwise.
The Repairer’s total liability to the Customer for any claim shall not exceed the amount paid
by the Customer for the relevant Works.
The Repairer shall not be liable for any indirect, special, or consequential loss, including
(without limitation) loss of profit, product, or business interruption.
The Customer will indemnify the Repairer against all claims, losses, or demands made by
any person arising out of or connected with the performance of the Works.

6. Sub-Contracting
The Repairer may sub-contract on any terms the whole or part of the Works. The Repairer
remains responsible for the overall performance of the Works.

7. Liability of Employees, Agents, and Sub-Contractors
Every exemption from liability, defence, immunity, and right under this Agreement shall
extend to and protect every employee, agent, and subcontractor of the Repairer. The
Repairer shall be deemed to act as agent or trustee on their behalf for this purpose.

8. Force Majeure
The Repairer shall not be liable for any delay or failure to perform its obligations under this
Agreement due to any cause beyond its reasonable control, including (without limitation)
acts of God, weather, power failure, strike, war, civil disturbance, accident, shortage of
materials, or governmental restrictions.
The Repairer’s obligations shall be suspended for the period and to the extent that
performance is prevented or delayed by such events.

9. Warranty
New parts are subject to the warranty terms and conditions of their respective suppliers or
manufacturers.
Labour performed by the Repairer is warranted against defects in workmanship for three
(3) months from the date of completion of the Works.
This warranty covers workmanship only and does not apply to faults arising from misuse,
interference by others, normal wear and tear, or circumstances beyond the Repairer’s
control.
Warranty claims must be made in writing within 14 days of the defect being discovered. The
Repairer reserves the right to inspect the alleged defect before undertaking any remedial
work.

10. Claims and Complaints
Any claim by the Customer relating to loss, damage, or defects must be made in writing
within six (6) months of completion of the Works. The Repairer will not be liable for any
claim made after this period.

11. Governing Law and Dispute Resolution
This Agreement is governed by the laws of New Zealand. The parties submit to the exclusive
jurisdiction of the New Zealand courts.
Any dispute arising under this Agreement should first be referred to mediation before court
proceedings are initiated.

12. Privacy
The Customer authorises the Repairer to collect, store, and use information about the
Customer for the purpose of providing services, managing accounts, and performing credit
checks as necessary.
End of Terms and Conditions
Northfreeze Refrigeration and Electrical 2024 Limited