Terms and Conditions

EKL Fabrication LIMITED
 Automotive Fabrication & Light–Medium Welding Services
Effective: 01.04.2025

1. Definitions

  • "Company" refers to EKL Fabrication LIMITED.

  • "Client" refers to the person or entity requesting goods or services from the Company.

  • "Goods" means any supplied, fabricated or welded items supplied by the Company.

  • "Services" means fabrication, welding, or related custom work provided by the Company.

2. Quotations and Pricing

  • All quotations are valid for 30 days from the date of issue unless otherwise stated.

  • Quotes are based on the information provided at the time. Changes in scope, materials, or labour will affect final pricing.

  • All prices are exclusive of GST unless otherwise specified.

3. Acceptance of Terms

By confirming a quote, paying a deposit, or instructing EKL Fabrication LIMITED to begin work, the Client agrees to be bound by these Terms and Conditions.

4. Payment Terms

  • Unless otherwise agreed in writing, a 50% deposit is required before any work begins.

  • The deposit is non-refundable once materials have been ordered or work has commenced.

  • Final payment must be made in full upon delivery or collection of the goods or completion of the work, unless a credit arrangement is approved in writing.

  • If credit is extended, full payment is due by the 20th of the month following the date of invoice.

  • Late payments will incur:

    • A 10% late payment fee, and

    • Monthly interest of 2% on the outstanding balance until paid in full.

  • The Client is liable for all costs related to the recovery of overdue payments, including debt collection and legal fees.

  • Ownership of all goods remains with EKL Fabrication LIMITED until payment is received in full.

5. Lead Times and Delivery

  • Estimated timeframes are indicative only and subject to material availability and workshop scheduling.

  • EKL Fabrication LIMITED is not liable for delays due to third-party suppliers, transport, weather, or force majeure events.

  • Delivery and installation are additional unless explicitly included in the quote.

6. Changes and Variations

  • Any changes to the agreed scope or design must be confirmed in writing.

  • Additional charges may apply for modifications requested after work has commenced.

7. Cancellations and Refunds

  • Cancellations must be made in writing.

  • Deposits are non-refundable once materials have been ordered or labour has commenced.

  • Custom-made or fabricated items are non-returnable unless they are found to be faulty or not in accordance with agreed specifications.

8. Creative Freedom

EKL Fabrication LIMITED is a custom fabrication workshop and retains creative discretion in the execution of work, especially in cases where specifications are not fully detailed.

  • The Client acknowledges that minor variations in finish, weld style, or materials may occur, particularly when working with natural finishes, raw materials, or custom techniques.

  • If exact replication or rigid specifications are required, these must be clearly documented and agreed upon in writing before work begins.

9. Warranties and Liability

  • EKL Fabrication LIMITED provides a 12-month workmanship warranty from the date of completion, unless otherwise agreed.

  • This warranty does not cover misuse, neglect, exposure to harsh environments, or unauthorised modifications by the Client or third parties.

  • Liability is limited to the value of the original contract. No responsibility is accepted for indirect or consequential losses.

10. Intellectual Property

  • All concepts, sketches, designs, and CAD files remain the property of EKL Fabrication LIMITED unless otherwise agreed in writing.

  • Clients may not reproduce or share designs without written consent from the Company.

11. Health & Safety

  • Clients must ensure safe and reasonable access to their premises if on-site work or fitting is required.

  • EKL Fabrication LIMITED reserves the right to refuse or delay work if unsafe conditions are present.

12. Dispute Resolution

  • If a dispute arises, both parties agree to first attempt resolution through direct discussion.

  • If unresolved, mediation will be pursued before legal proceedings are considered.

13. Governing Law

These Terms and Conditions are governed by the laws of New Zealand. Any legal matters shall be handled in a New Zealand court of competent jurisdiction.

14. Acceptance

By engaging EKL Fabrication LIMITED for services or confirming a quote, the Client acknowledges and agrees to these Terms and Conditions.