Terms of Trade
FUSEBOX LIMITED T/A
Laser Cleaning Services
By using this site, you agree with the
Terms & Conditions stipulated below
Terms of Trade
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these Terms of Trade, unless the context requires otherwise:
“Business Day” means a day other than a Saturday, Sunday or public holiday in Wellington, New Zealand.
“Customer” means the person, firm, company or other entity purchasing Services from the Supplier, and includes their employees, agents, contractors and representatives.
“Confidential Information” means all information (whether written, oral, electronic or visual) relating to either party’s business, operations, customers, pricing, methods, or processes that is not publicly available.
“Consequential Loss” includes loss of profit, loss of production, loss of revenue, loss of contract, loss of business opportunity, loss of goodwill, and any indirect or consequential loss or damage of any kind.
“Consumer” means a Customer who is acquiring Services for personal, domestic or household use and not for business purposes.
“Excluded Work” includes but is not limited to polishing, refinishing, texture repair, coating application, machine disassembly, lifting, rigging, welding, mechanical repairs, structural modifications, or any work not expressly specified in the Quotation.
“Goods” means any equipment, materials or items provided by the Supplier in connection with the Services.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, confidential information, know-how, or other intellectual property.
“Price” means the amount payable for the Services as set out in the Quotation or as otherwise agreed in writing.
“Quotation” means any written quotation, estimate, proposal or scope of work provided by the Supplier to the Customer.
“Services” means the laser cleaning services, surface preparation, contamination removal, or related work described in the Quotation or otherwise agreed in writing between the parties.
“Site” means the location where Services are to be performed, whether owned or controlled by the Customer or a third party.
“Supplier” means Fusebox Limited (NZBN 9429049565262) trading as Laser Cleaning Services, having its registered office at 119 Customhouse Quay, Wellington 6011.
“Variation” means any change, addition, deletion or modification to the scope, timing, specifications or delivery of the Services.
1.2 Interpretation
Reference to any statute, regulation or rule includes all amendments, replacements and regulations made under it. Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. Reference to a person includes corporations, firms, partnerships, trusts and other entities.
2. APPLICATION AND ACCEPTANCE
2.1 Application of Terms
These Terms of Trade apply to all Services supplied by the Supplier to the Customer. By accepting a Quotation, placing an order, making a booking, allowing work to commence, or accepting delivery of Services, the Customer unconditionally accepts these Terms.
2.2 Precedence
These Terms take precedence over and exclude any terms or conditions contained in or referred to in any Customer purchase order, specification, or other document issued by the Customer, unless expressly agreed in writing and signed by a director of the Supplier.
2.3 Variations to Terms
No variation, modification, waiver or release of any provision of these Terms shall be effective unless made in writing and signed by authorised representatives of both parties.
2.4 Consumer Guarantees Act
Where the Customer is a Consumer, nothing in these Terms limits or excludes the application of the Consumer Guarantees Act 1993. Where the Customer acquires Services for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply pursuant to section 2 and section 43 of that Act.
3. QUOTATIONS AND SCOPE OF WORK
3.1 Quotation Validity
All Quotations remain valid for 30 days from the date of issue unless otherwise stated. The Supplier reserves the right to withdraw or amend any Quotation at any time before acceptance.
3.2 Scope Limitations
Services are strictly limited to the specific areas, surfaces, materials and activities described in the Quotation or agreed scope of work. Any assumptions stated in the Quotation form part of the scope definition.
3.3 Information Reliance
Quotations are prepared based on information, measurements, photographs, site descriptions and conditions provided by or on behalf of the Customer. The Customer warrants that all such information is accurate and complete.
3.4 Site Verification
Where the Supplier has not physically inspected the Site before quoting, the Quotation is subject to site verification. If actual conditions differ materially from information provided, the Supplier may revise the Quotation or treat differences as Variations.
3.5 Excluded Work
Unless expressly stated in the Quotation, Services exclude all Excluded Work. If the Customer requires any Excluded Work, this must be agreed separately in writing and will be charged as additional work.
3.6 Preliminary Results
Where the Quotation is based on preliminary testing or sample areas, final pricing may be adjusted following commencement if contamination levels, substrate conditions, or processing requirements differ from those observed during testing.
4. VARIATIONS AND ADDITIONAL WORK
4.1 Variation Events
The following circumstances may give rise to Variations chargeable to the Customer:
(a) Changes to scope, specifications, or methodology requested by the Customer
(b) Additional areas, surfaces, or items requiring treatment beyond the original scope
(c) Contamination levels, substrate conditions, or material types differing from those described or assumed in the Quotation
(d) Access restrictions, site conditions, or environmental factors not disclosed before quoting
(e) Delays caused by the Customer, third parties, weather, or site unavailability
(f) Additional visits, mobilisations or standby time resulting from circumstances beyond the Supplier’s control
(g) Work required to address hazards, defects, or conditions discovered during performance
(h) Compliance with additional requirements imposed by regulatory authorities or third parties
4.2 Variation Charges
Variations will be charged at the Supplier’s standard rates current at the time the Variation work is performed, plus materials, travel and other reasonable costs. Minimum charges or call-out fees may apply to Variation work.
4.3 Variation Authorisation
Where practicable, the Supplier will notify the Customer before commencing Variation work. However, the Supplier may proceed with urgent Variations necessary for safety, quality, or legal compliance without prior approval, and such work shall be payable by the Customer.
5. CUSTOMER RESPONSIBILITIES
5.1 Site Access and Preparation
The Customer shall:
(a) Provide safe, clear, and reasonable vehicular and pedestrian access to all work areas
(b) Ensure adequate space for equipment setup, operation and storage
(c) Provide sufficient working area clear of obstructions, stored materials and personnel
(d) Arrange access permits, security clearances, parking, and site inductions as required
(e) Notify the Supplier in advance of any access restrictions, confined spaces, height work, or special safety requirements
(f) Provide accurate information regarding asbestos, lead paint, hazardous materials, or other workplace hazards present at the Site
5.2 Isolation and Safety Controls
The Customer shall:
(a) Isolate, lock-out and tag all electrical systems, machinery, pressurised systems, and services in accordance with applicable safety standards before work commences
(b) Provide and install all required lifting equipment, rigging, scaffolding, edge protection, and fall arrest systems
(c) Ensure all third-party contractors, site personnel, and visitors are managed to prevent interference with the Supplier’s work
(d) Maintain control of the work area and prevent unauthorised access during and after treatment
(e) Comply with all applicable health, safety and environmental legislation and site-specific safety requirements
5.3 Environmental Conditions
The Customer shall ensure work areas are adequately ventilated, temperature-controlled, and protected from weather where necessary for safe and effective service delivery.
5.4 Materials and Information
The Customer shall provide complete and accurate information regarding materials, coatings, contamination types, substrate conditions, and any prior treatments or repairs that may affect service delivery.
5.5 Breach of Customer Responsibilities
Where the Customer fails to meet any obligation under this clause, the Supplier may:
(a) Suspend work until the obligation is fulfilled
(b) Charge for standby time, demobilisation and remobilisation at standard rates
(c) Treat the breach as a Variation and adjust pricing accordingly
(d) Terminate the contract and invoice for work completed to date
6. WORK SUSPENSION AND SITE SAFETY
6.1 Suspension Rights
The Supplier may immediately suspend work, without liability, where:
(a) Site conditions are unsafe or do not comply with applicable health and safety legislation
(b) The Customer has failed to meet obligations under clause 5
(c) Hazardous materials, asbestos, or other dangerous substances are discovered that were not disclosed
(d) Weather conditions, environmental factors, or third-party activities prevent safe working
(e) Payment is overdue for previous work or deposits have not been received
(f) The Supplier reasonably believes that continuing work would create risks to personnel, property, or the environment
6.2 Suspension Costs
Where work is suspended due to Customer breach, site conditions, or other factors not caused by the Supplier, the Customer shall pay for:
(a) All time spent on Site up to suspension
(b) Standby time while suspension continues
(c) Demobilisation and remobilisation costs
(d) Any additional costs resulting from delay or rescheduling
6.3 Health and Safety
The Supplier maintains a comprehensive Health and Safety Management System. Site-specific safety plans and hazard assessments will be prepared where required. The Customer must comply with all reasonable safety instructions issued by the Supplier’s personnel.
7. SURFACE TREATMENT AND RESULTS
7.1 Nature of Services
Services consist of surface contamination removal using laser ablation technology. The process targets rust, paint, coatings, carbon deposits, biological growth, oxides, and similar surface contaminants.
7.2 No Restoration Guarantee
The Supplier does not guarantee any particular cosmetic outcome, surface appearance, colour uniformity, or restoration to original condition. Results depend on substrate type, contamination characteristics, prior damage, and underlying surface condition.
7.3 Pre-Existing Defects
The Supplier is not responsible for:
(a) Pre-existing corrosion, pitting, wear, cracks, or material degradation beneath contamination
(b) Colour variations, discolouration, or patina differences revealed by cleaning
(c) Underlying manufacturing defects, weld defects, or material inconsistencies
(d) Prior repairs, modifications, or treatments that become visible after contamination removal
(e) Dimensional inaccuracies, distortion, or geometric irregularities in the substrate
7.4 Material Compatibility
While laser cleaning is suitable for most metals, stone, timber, and composite materials, the Customer remains responsible for confirming material compatibility. The Supplier recommends test areas on sensitive, high-value, or untested materials.
7.5 Post-Treatment Protection
Cleaned surfaces may require protective coatings, sealants, or corrosion inhibitors to prevent re-contamination or oxidation. Unless specifically included in the Quotation, post-treatment protection is the Customer’s responsibility.
7.6 Surface Acknowledgement
The Customer acknowledges that laser cleaning removes surface layers only and does not repair, strengthen, refinish, or restore substrate integrity. The Customer accepts that visual results may vary depending on contamination type, substrate condition, and material characteristics.
8. PRICING AND PAYMENT TERMS
8.1 Price Basis
Prices are based on information available at the time of quoting and are subject to adjustment for Variations, additional work, or changed conditions as provided in these Terms.
8.2 Price Exclusions
Unless expressly stated otherwise, the Price excludes:
(a) Goods and Services Tax (GST), which shall be added to all invoices
(b) Charges for additional work, Variations, standby time, or call-outs beyond the original scope
(c) Accommodation, meals, parking, tolls, or other travel-related expenses for work outside Wellington metropolitan area
(d) Lifting equipment, scaffolding, rigging, access equipment, or site facilities
(e) Waste disposal, environmental testing, or specialist cleaning of removed contaminants
(f) Protective coatings, sealants, or post-treatment applications
8.3 Deposits
The Supplier may require a deposit before commencing work. Deposits may be required for:
(a) All new Customers without established trading history
(b) Projects of significant value
(c) Work requiring specialist equipment procurement or subcontractor engagement
(d) Customers with overdue accounts or adverse credit history
8.4 Payment Terms
Unless otherwise agreed in writing, payment is due within 7 days from the invoice date. Payment terms may be extended to alternative periods for approved account Customers at the Supplier’s discretion.
8.5 Payment Methods
Payment shall be made by direct credit to the Supplier’s nominated bank account. Cash, cheque, or credit card payments may be accepted by arrangement. Credit card payments may incur processing fees.
8.6 Time for Payment
Time for payment is of the essence. Payment is not subject to any set-off, deduction, or withholding unless required by law.
8.7 Disputed Invoices
If the Customer disputes any invoice, the undisputed portion must be paid by the due date. The disputed portion must be raised in writing within 5 Business Days of invoice date, providing detailed reasons and supporting evidence.
9. OVERDUE ACCOUNTS AND DEBT RECOVERY
9.1 Interest on Overdue Amounts
Overdue invoices may accrue interest at a rate to be determined by the Supplier, calculated from the due date until payment in full.
9.2 Recovery Costs
Where invoices remain unpaid after the due date, the Customer shall pay all costs incurred by the Supplier in recovering the debt, including:
(a) Debt collection agency fees and commissions
(b) Legal costs on a solicitor-client basis
(c) Court filing fees and enforcement costs
(d) Credit reporting and investigation fees
(e) Administrative costs
9.3 Suspension of Further Work
The Supplier may suspend performance of any Services and refuse to accept further orders from the Customer while any invoice remains unpaid beyond its due date.
9.4 Credit Reporting
The Supplier may report overdue accounts to credit reporting agencies in accordance with the Credit Reporting Privacy Code 2020. Default listings may affect the Customer’s credit rating and ability to obtain credit.
9.5 Personal Guarantee
Where the Customer is a company, trust, or partnership, directors, trustees, or partners may be required to provide personal guarantees for payment obligations.
10. CANCELLATION, POSTPONEMENT AND MINIMUM CHARGES
10.1 Cancellation Notice
Cancellations must be notified in writing or by telephone to the Supplier’s nominated contact person.
10.2 Cancellation Charges
Cancellation charges may apply based on the timing of the cancellation notice relative to the scheduled service date. The Supplier will advise applicable cancellation charges at the time of booking.
10.3 Postponement
Postponements may be treated as cancellations for charging purposes. Rescheduled work will be subject to availability and current pricing.
10.4 Minimum Charges
Minimum charges and call-out fees may apply to all work. Current rates are available on request.
10.5 Weather and Site Unavailability
Where the Supplier attends Site but cannot perform Services due to weather, site unavailability, access issues, or other factors beyond the Supplier’s control, call-out charges may apply.
11. WARRANTY AND LIABILITY LIMITATIONS
11.1 Service Warranty
The Supplier warrants that Services will be performed:
(a) With reasonable care and skill
(b) In accordance with accepted industry standards for laser cleaning operations
(c) In compliance with applicable health, safety, and environmental legislation
11.2 Warranty Period
This warranty applies during performance of the Services only. Laser cleaning does not prevent future contamination, corrosion, or deterioration of treated surfaces.
11.3 Warranty Exclusions
The warranty does not cover:
(a) Defects, failures, or issues arising from pre-existing substrate conditions
(b) Subsequent contamination, corrosion, oxidation, or biological growth
(c) Damage caused by Customer actions, misuse, or failure to maintain treated surfaces
(d) Normal wear, weathering, or environmental degradation after treatment
(e) Variations in cosmetic appearance, colour, or surface characteristics
(f) Issues arising from inadequate post-treatment protection or maintenance
11.4 Liability Limitation
To the maximum extent permitted by law, the Supplier’s total liability arising from or in connection with Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Price actually paid for the specific Services giving rise to the claim.
11.5 Consequential Loss Exclusion
To the maximum extent permitted by law, the Supplier shall not be liable for any Consequential Loss, including but not limited to loss of production, loss of profit, loss of revenue, loss of contract, business interruption, or any indirect or economic loss of any kind.
11.6 Consumer Guarantees Act
Where the Customer is a Consumer and the Consumer Guarantees Act 1993 applies, statutory guarantees cannot be excluded. In such cases, clauses 11.4 and 11.5 do not apply to the extent they would contravene the Consumer Guarantees Act 1993.
11.7 Duty to Mitigate
The Customer must take all reasonable steps to mitigate any loss or damage for which the Supplier may be liable.
11.8 Insurance
The Customer is responsible for maintaining adequate insurance covering property, business interruption, and any other insurable risks. The Supplier maintains public liability insurance but this does not extend coverage to the Customer’s property or business losses.
12. INTELLECTUAL PROPERTY AND DOCUMENTATION
12.1 Ownership of IP
All Intellectual Property Rights in methods, processes, techniques, equipment designs, and know-how used by the Supplier remain the exclusive property of the Supplier.
12.2 Service Documentation
Before-and-after photographs, process records, service reports, technical data, and all documentation created during service delivery remain the property of the Supplier unless otherwise agreed in writing.
12.3 Use of Documentation
The Supplier may use photographs, case studies, and project information for marketing, training, and promotional purposes unless the Customer specifically requests confidentiality in writing before work commences.
12.4 Customer Use
The Customer may not reproduce, copy, reverse engineer, or attempt to discover methods or processes used by the Supplier without prior written consent.
13. CONFIDENTIALITY
13.1 Mutual Obligations
Both parties must keep confidential all Confidential Information received from the other party and must not disclose it to third parties without prior written consent.
13.2 Exceptions
Confidentiality obligations do not apply to information that:
(a) Is publicly available through no breach of these Terms
(b) Was lawfully in the receiving party’s possession before disclosure
(c) Is independently developed without reference to Confidential Information
(d) Must be disclosed by law, regulation, court order, or regulatory authority
13.3 Survival
Confidentiality obligations survive termination or completion of Services for a period of 3 years.
14. FORCE MAJEURE
14.1 Suspension of Obligations
Neither party shall be liable for failure or delay in performing obligations (other than payment obligations) where such failure or delay results from circumstances beyond reasonable control, including but not limited to:
(a) Acts of God, earthquakes, floods, storms, or other natural disasters
(b) Pandemics, epidemics, or public health emergencies
(c) War, terrorism, riot, civil disturbance, or industrial action
(d) Fire, explosion, or other catastrophic events
(e) Failure of utilities, telecommunications, or transport infrastructure
(f) Government actions, legislative changes, or regulatory prohibitions
14.2 Notification
The affected party must promptly notify the other party of the force majeure event and its expected duration.
14.3 Mitigation
The affected party must use reasonable efforts to mitigate the effects and resume performance as soon as practicable.
14.4 Prolonged Force Majeure
If a force majeure event continues for more than 30 days, either party may terminate the affected contract by written notice.
15. TERMINATION
15.1 Termination for Breach
Either party may terminate by written notice if the other party:
(a) Commits a material breach and fails to remedy within 10 Business Days of written notice
(b) Becomes insolvent, enters administration, receivership, liquidation, or bankruptcy
(c) Ceases to carry on business
15.2 Termination for Convenience
The Customer may terminate for convenience by giving written notice. The Customer shall pay for all work completed and costs incurred up to the termination date, plus reasonable demobilisation costs.
15.3 Consequences of Termination
Termination does not affect accrued rights, obligations, or liabilities. All amounts owing become immediately due and payable.
16. GENERAL PROVISIONS
16.1 Assignment
The Customer may not assign, transfer, or novate any rights or obligations under these Terms without the Supplier’s prior written consent. The Supplier may assign or subcontract any rights or obligations without consent.
16.2 Severability
If any provision is held invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.
16.3 Waiver
No waiver of any breach constitutes a waiver of any subsequent breach. Waiver must be in writing and signed by the waiving party.
16.4 Entire Agreement
These Terms, together with any Quotation and written variations, constitute the entire agreement and supersede all prior negotiations, representations, or agreements.
16.5 Notices
Notices must be in writing and delivered by hand, courier, email, or registered post to the addresses last notified. Email notices are deemed received on transmission unless the sender receives a delivery failure notification.
16.6 Governing Law and Jurisdiction
These Terms are governed by New Zealand law. Both parties submit to the non-exclusive jurisdiction of the New Zealand courts. Proceedings may be brought in the Wellington District Court or High Court.
16.7 Dispute Resolution
Before commencing legal proceedings (other than urgent interlocutory relief), parties agree to attempt resolution through good faith negotiation for 10 Business Days following written notice of the dispute.
17. ACCEPTANCE
By accepting a Quotation, placing an order, or allowing work to commence, the Customer acknowledges having read, understood, and agreed to these Terms of Trade.
FUSEBOX LIMITED
Trading as LASER CLEANING SERVICES
NZBN: 9429049565262
Registered Office: 119 Customhouse Quay, Wellington 6011
Terms Version: February 2025