Installation Services Terms & Conditions

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Parties

OneEnergy Limited, trading as OneEnergy.nz, a company incorporated in New Zealand(Company No. 9248150; NZBN 9429052114977) (“OneEnergy.nz”); and

The business entity identified in the Job Card email referencing this Agreement (“Installer”).

1. Term

This Agreement commences on email acceptance of the Job Card email and continues until terminated in accordance with this Agreement.

2. Engagement

OneEnergy.nz engages the Installer to provide the Services described in this Agreement on a non-exclusive basis, and the Installer accepts such engagement.

3. Services

The Installer must perform the installation services consistent with documents and electronic records issued by OneEnergy.nz, and:
- Perform such services with due care, skill, and diligence in a proper and professional manner;
- Ensure that such services comply with all applicable laws, regulations, andindustry standards, including the Electricity (Safety) Regulations 2010 andAS/NZS 3000 Wiring Rules;
- Provide all tools, equipment, and materials necessary to perform such services unless otherwise agreed in writing;
- Ensure personnel are suitably qualified, trained, and competent to perform such services;
- Co-operate with OneEnergy.nz in scheduling, performance, and completion documentation of such services.

4. Payment

OneEnergy.nz shall pay the Installer in accordance with the rates set out in the Job Card.
- The Installer must issue an invoice at the end of each completed job, alongside Job Completion documentation.
- Invoices are payable within 14 days of receipt.
- All rates are exclusive of GST unless otherwise stated.

5. Health and Safety

The Installer warrants that it maintains and will comply with robust health and safety policies and procedures, including:
- A safety plan covering hazards and control measures;
- Processes for identifying and managing new hazards;
- Provision, maintenance and use of appropriate personal protective equipment(PPE);
- Procedures for dealing with emergencies;
- Accident recording and investigation.
The Installer must:
- Comply with the Health and Safety at Work Act 2015 and all subsequent amendments;
- Perform a site safety and hazard assessment on each job prior to commencement;
- Notify all notifiable events or serious harm incidents arising out of or during the Services to the appropriate regulatory bodies as soon as possible, and advise OneEnergy.nz in writing of all such incidents;
- Complete all jobs using a minimum of two personnel. Jobs must not becompleted using a single person.
For all roof-top activity, the Installer must:
- Provide and maintain working at heights safety equipment, comprising at a minimum a work positioning system that enables roof-top persons to work supported by a harness under tension;
- Ensure that only trained and competent personnel can install and use harness systems on site. Those not trained should be inducted by the qualified lead person or other qualified persons before they are permitted to use the system, and must be supervised at all times by a person who is trained and competent;
- Ensure all personnel undertaking elevated work hold current certification for NZQA Unit Standard 23229 (Use a safety harness system when working at height).

6. Warranty of Workmanship

The Installer warrants that the Services will be free from defects in workmanship for a period of 24 months from completion. If a defect arises within this period, the Installer must promptly, at its own cost, remedy the defect.

7. Confidentiality

The Installer must keep confidential all information disclosed by OneEnergy.nz that is marked or would reasonably be considered confidential. Confidential Information must not be disclosed except:
- To personnel or advisors who need to know and are bound by confidentialityobligations;
- If required by law, court order, or regulatory authority;
- If already in the public domain other than by breach.
These obligations survive termination.

8. Privacy

The Installer must comply with the Privacy Act 2020 in relation to any personal information collected or handled under this Agreement.

9. Insurance

The Installer must maintain, at its own expense, for the duration of this Agreement:
- Public liability insurance of not less than NZD $2,000,000;
- Workers’ compensation/ACC cover as required by law.
Current Certificates of Currency must be provided to OneEnergy.nz.

10. Subcontracting and Assignment

The Installer must not subcontract, assign, or transfer any of its rights or obligations under this Agreement without OneEnergy.nz’s prior written consent.

11. Intellectual Property

All intellectual property of OneEnergy.nz (including documentation, designs, materials, and software) remains vested in OneEnergy.nz. The Installer is granted a limited, non-transferable license to use such IP solely for the purpose of performing the Services.

12. Indemnity

The Installer indemnifies OneEnergy.nz against all losses, damages, costs, claims, and liabilities arising out of or in connection with:
- Any breach of this Agreement;
- Any negligence, unlawful act, or omission by the Installer;
- Any personal injury, death, or property damage caused by the Installer in connection with the Services.
This indemnity survives termination.

13. Force Majeure

The Installer will not be liable for any failure or delay inperforming obligations caused by events beyond reasonable control, including natural disasters, acts of government, strikes, epidemics, or supply chain disruptions.
When affected, the Installer must:
- Promptly notify OneEnergy.nz in writing;
- Use all reasonable efforts to mitigate the effects.

14. Notices

Any notice under this Agreement must be in writing and sent by email or post to the addresses below (or as otherwise notified in writing):
- For OneEnergy.nz:   Email: Installation@OneEnergy.nz
- For the Installer:   Email: The contact email address identified on the Installers website.

Notices by email are deemed received on the date of transmission if sent before5:00 pm on a business day, otherwise the next business day.

15. Entire Agreement

This Agreement constitutes the entire agreement between OneEnergy.nz and the Installer, and supersedes all prior discussions, negotiations, and understandings. This agreement replaces any standard terms and conditions of the Installer. The Installer acknowledges they have not relied on any representation not expressly set out in this Agreement.

16. Termination

OneEnergy.nz may terminate this Agreement immediately by written notice if:
- The Installer breaches any material obligation and fails to remedy within 14 days of notice;
- The Installer becomes insolvent;
- The Installer fails to comply with health and safety requirements.
The Installer and OneEnergy.nz may terminate for convenience with 30 days’written notice.
On termination, the Installer must return all OneEnergy.nz property and confidential information.

17. Counterparts and Execution

‍OneEnergy.nz and the Installer agree that this Agreement may be executed and exchanged by electronic means (including offer and acceptance by email), and that such execution shall be valid and binding on both.

‍APPENDICES

 Appendix 1 – Expected Performance

1. Timeliness

‍The Installer must contact the Customer the same day a job is allocated, to schedule the installation.

The Installer must advise OneEnergy.nz the same day a job is scheduled of the agreed date and time of installation.

If the Installer is unable to accept the job, then the Installer must adviseOneEnergy.nz the same day the job is allocated that they are unable to performthe job.

Jobs must be completed within 3 weeks of allocation.

2. Job Completion Documentation

Photos of the completed job must be electronically uploaded to OneEnergy.nz/installation while the Installer is on Customer site.

Electrical Commissioning details must be electronically uploaded to OneEnergy.nz/installation while the Installer is on Customer site.

A Certificate of Compliance (CoC) must be electronically issued to OneEnergy.nz within 48 hours of job completion.

‍3. Variations and Unexpected Costs

Any variations or unexpected costs encountered during the installation mustbe notified to OneEnergy.nz during the installation and approved byOneEnergy.nz in advance of implementing the variation.

‍Appendix 2 – Documentation Validation

The Installer must provide to OneEnergy.nz, upon Acceptance:

1. Copies of all relevant electrical licenses and registrations.

2. Evidence of current insurance policies.

3. Current health and safety policy.

4. Training and competency records, including current NZQA Unit Standard 23229certificates for any personnel undertaking elevated work.

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