Smartlife Residential Project Terms and Conditions

Smartlife Limited

Project Terms and Conditions


Thank you for choosing a Smartlife system for your home. This document outlines the responsibilities of the different parties for the supply of your new Smartlife system. Smartlife integrates technology developed by Smartlife with third party products to form cost-effective but powerful solutions. Smartlife has a technology showroom where you can experience the different aspects of the system and choose what you want to pre-wire for and what you would like to include in the first instance. Smartlife will design the system and develop the cable schedule. Smartlife can arrange pre-wire and installation of the equipment or we can assist the electrician on an as-needed basis and charge an hourly rate plus travel. 


Smartlife usually:

  1. Designs the system
  2. Produces the cabling schedules
  3. Supplies specialist and data cables
  4. Supplies the hardware pre-configured where possible
  5. Programs and commissions the system including touch screens
  6. Performs on-site testing and commissioning
  7. Provides end-user training at the completion of the project
  8. Supplies project documentation

Other contractors usually perform the following tasks (Smartlife can arrange). These items are not included in your pricing unless otherwise stated. 


  1. The electrician runs all 240V electrical cabling. All equipment that is to be controlled by the system such as underfloor heating, towel rails, pool pumps, fans, heat pumps, lights have the electrical cable “home run” to Smartlife supplied relays or control modules which are located in the electrical distribution board (electrical DB). 
  2. Trenching or conduit work - any cable to be run underground and any required conduit. Outdoor data cable to be gel filled as per manufacturer’s requirements. If trenching is included, discovery of concrete or hidden services (service cabling, pipe or other) will incur extra fees.
  3. Concrete core drilling, concrete cutting and any chasing.
  4. Installation of the 240V relays, dimmers and other control units into the electrical distribution board(s) and validation that the circuit is connected and functioning.  If circuits are not connected as per Smartlife documentation there may be additional programming time which will be chargeable.
  5. Please provide power points adjacent to all TV outlets and to all Hub, Equipment & Screen locations.
  6. Please ensure that all TV, AV & Projector Power outlets are looped on the same circuit to avoid hum.
  7. All cut outs, wall reinforcing for attaching screens, framing for recessing touch screens or TVs and wall boxes. 
  8. TV Aerial and Satellite dish. If priced by Smartlife the RF price is subject to an aerial survey and allows for standard UHF aerial on a 2-metre braced mount.
  9. All cut outs and framing required for installation of touch screens and TVs. 
  10. Unless otherwise specified, the pre-wire and installation of the security PIRs, smoke detector sirens and access control readers and door strikes. Where included, Electric Locks, Strikes, Maglocks, Drop Bolts, and Floor Boxes will be supplied to the Client’s builder for fitting. Where required, Gate Actuators will be supplied to the Client’s gate company for fitting.
  11. Conversion of file types for compatibility.

If the electrician or third party undertakes the ELV Pre-Wire:

  • Cabling must be carried out to the relevant standards and separated from 240V and other cables. 
  • Each cable must be labelled as per the supplied cable schedule. 
  • Every Cat cable must be punched down to a consistent standard throughout the premises. This must be either the “A”or “B” standard and must be tested and verified operational.
  • Whoever runs the Speaker cable must cut out the speakers. 

If Smartlife has provided pricing for the pre-wire this pricing is based on the following assumptions. Additional costs may be incurred if your site differs from these assumptions:

  • A minimum of 21 days notice before we are required on site is provided
  • Stud heights are no higher than 2.4m.
  • Timber Framing not Concrete, Metal, Hebel etc
  • No Concrete/Masonry cutting or drilling.
  • Pre-wire, Installation/Fit Off and Commissioning are each at the appropriate time and able to be completed in one series of trips, any stop starts or extra trips due to delays outside of our control may incur additional costs.
  • Pre-wire is able to be completed before building insulation is installed, if cables need to be added after insulation there may be additional charges.
  • No safety equipment is needed, any hire of scaffolding etc will be charged as an extra.

Other 

  • Any customer supplied entertainment equipment or product may not be suitable to control. Devices not present in our showroom may incur additional labour costs and/or a replacement model may be required for the system to function as expected. 
  • Client supplied equipment must be supplied to Smartlife one month before the required installation date.
  • All TVs connected to a video distribution system must have a spare HDMI input and support “Full HD” 1920x1080 resolution)
  • Where LED lighting is to be dimmer controlled any customer supplied lights must be dimmable.
  • Modification of products (including painting, powder coating and electroplating) may void manufacturer warranties.
  • Smartlife undertakes to exercise all care but cannot be held responsible for accidents.
  • Smartlife accepts no responsibility for loss of goods or life during or after an installation.
  • Smartlife does not perform or pay for strengthening work required after penetrations.

Lead times

  • Please provide as much notice as possible for equipment supply or when on-site work is required. Smartlife generally require 6 weeks notice to supply Smartlife systems
  • Smartlife requires at least 3 weeks notice for any on site work required including commissioning and fit off. 
  • Any customer supplied entertainment products (other than SKY decoders) that are to be controlled by our system must be supplied to Smartlife 4 weeks prior for commissioning. 

Smartlife System Supply Agreement Terms and Conditions


BETWEEN:  Smartlife Limited, of 9 E Piermark Drive, Rosedale, North Shore, Auckland 0630; or Smartlife (Branch, as relevant), (The Contractor)

AND:  The Customer: 

Enter into this Agreement on the terms and conditions contained herein and overleaf.


SCHEDULE OF SYSTEM AND PRICE

Variations / Change Orders

All variations are payable in full upon acceptance

Payment Terms for Residential Projects

Many of the products and materials required for the project will need to be purchased well in advance and configured for the project at Smartlife. Products and materials are due immediately on receipt of invoice and must be received prior to delivery to site.


Progress payments details are as follows:


Projects under $15,000 (excluding GST):

Invoiced in full on order acceptance and sign off of the scope of works and estimate of costs. This invoice must be fully paid for before any work commences or shipment or collection of equipment.


Projects $15,000 (excluding GST) and above:

30% invoiced on order acceptance and sign off of the scope of works and estimate of costs.

60% invoiced 6-8 weeks before equipment is required on site. This usually occurs at the pre-wire stage.

10% invoiced upon practical completion. Practical completion is deemed to have been achieved when all systems are fully commissioned and will not be subject to delay by factors outside the control of Smartlife Limited, ie: A third party gate subcontractor unable to attend site for two weeks would not delay practical completion. On receipt of payment for this invoice all documentation and Smartlife  software licenses will be provided to the customer, along with the relevant programming files.


  1. SUPPLY OF SYSTEM; PAYMENT OF CONTRACT PRICE AND VARIATIONS

1.1 Subject to this agreement, the Contractor shall supply the System at the Site for the contract price and in accordance with the Design Plan.  The System, as supplied, or installed at the Site, is the Supply.  Within an agreed time frame of the date of this agreement, the Customer will make the Site available, safe, reasonably lit and ready to enable the Contractor to complete the Supply, together with parking for the Contractor’s vehicle within 20 metres of where the Supply is to occur.

1.2 The Customer will pay to the Contractor:  the Deposit when making this Agreement;  the Price by Progress Payments as provided in the Schedule;  for Variations within 7 days from submission of an invoice by the Contractor to the Customer; and GST on the Supply.  Moneys payable hereunder are New Zealand dollars.

  1. CUSTOMERS  RESPONSIBILITIES AND CONTRACTOR’S INTELLECTUAL PROPERTY 

2.1 The Customer will give the Contractor at least one month’s prior notice of the readiness of the Site for the Supply.  The Contractor shall give the Customer an estimated Supply time frame, which the Customer shall also confirm by notifying the Contractor 48 hours prior to commencement thereof. The Customer will also give the Contractor at least two week’s prior notice of any plastering, concrete pour, wall finishing, cabinet installation or any other activities on the Site, which could affect the Supply. The Customer will ensure that Internet services are operational and all electrical outlets are working and available and that Sky TV or similar client supplied services are connected prior to the Contractor commencing the fit off and commissioning. 

2.2 The Customer shall ensure that: all cabinets to house the System at the Site are adequately sized and air ventilated; any building works at the Site will be managed to properly coordinate with the Contractor’s supply of each of the components of the System at the appropriate times; the Contractor has access to electrical power at the Site during the Supply; The Customer shall comply with the conditions of any manufacturer’s warranty in respect of the System; any equipment which the Customer supplies is properly connected to the System and is compatible and fully functional with the System.

2.3 The Contractor always remains the sole owner of the intellectual property in the Design Plan and any computer programming or software supplied by the Contractor with the System (the Software).  The Customer will not use the Software until they have paid the Balance of the Price to the Contractor, and upon such payment The Customer is thereafter licensed by the Contractor to only use the Software and the Design Plan at the Site. The Customer will not otherwise use, copy, duplicate, reproduce, broadcast, reduce to written or other form, publish, sell or license any of the Software or Design Plan.

2.4 The Customer irrevocably authorises the Contractor, its employees, agents and subcontractors to enter the Site to exercise the Contractor’s rights, and perform the Contractor’s obligations under this agreement.

3 PRIME COST ITEMS AND VARIATIONS/CHANGE ORDERS

3.1 Amounts payable by the Customer for goods marked as Prime Cost Sum (PC Sum) are estimates only. The Customer will pay the Contractor the actual cost of those goods or services as reasonably paid by the Contractor, together with the Contractor’s same percentage margin thereon as included in the estimate and the Price shall be adjusted accordingly.

3.2 Variations shall comprise all such differences between the Design Plan and the Supply, as occur and are made reasonably necessary or appropriate by any matter (other than a matter within the Contractor’s immediate control), including, for example:

(a) any variations by the Customer to the Design Plan, whether or not agreed to by the Contractor

(b) as the result of any building work on, or change to, the Site after the Contractor’s initial inspection of the Site

(c) any change to the Site Plan or any undisclosed feature of the Site

(d) as a result of a breach of this agreement by the Customer

(e) to the extent that any cable paths cannot reasonably follow the shortest and most direct route

(f) as a result of a change of model by a manufacturer of the goods

3.3 The Customer will pay Smartlife for any work, cost, or goods made necessary or appropriate by the Variations, which are the quantities by which the respective amounts of such work, cost, or goods pursuant to the Supply exceed the applicable amounts of work, cost or goods used by the Contractor in formulating the Design Plan and the Price.  

3.4 The Customer will pay Smartlife at the current schedule rates for the variations/change orders.  Any additional work by Smartlife pursuant to a Variation is at the Contractor’s then current standard hourly rate for the Contractor’s time for that work.  Any additional goods pursuant to a Variation, are payable at the markets recommended retail price for those goods at the time purchased by the Contractor.  An additional cost incurred by the Contractor pursuant to a Variation, for example; the cost of employing additional personnel or contractor, or additional travel & accommodation expenses.

  1. TERMINATION AND RETENTION OF TITLE

4.1 If The Customer breaches clause 1 or 2 of this Agreement and does not rectify that breach within 14 days of a request by the Contractor that they do so, the Contractor may terminate this agreement by notice to the Customer.  The Customer will then pay the Contractor:  the same proportion of the Price which the Supply represents to the Design Plan; money due for any Variations plus applicable GST.  The Customer will be given credit for the Progress Payments they have made.

4.2 Romalpa Clause: Title to and ownership of anything supplied passes from the Contractor to the Customer only upon payment of the money due by the Customer to the Contractor for that item/s.  If the Customer breaches clause 1.2 hereof the Contractor may:  withhold Supply hereunder;  inform a credit reporting agency of any money overdue for 60 days; and, during or after the period of this Agreement, disable, detach, sever and remove from the Site such of the Supply (including personal property and fixtures) as is unpaid for.

  1. CONTRACT WORKS INSURANCE COVER

Smartlife does not supply Contract Works Insurance except by individual arrangement. It is assumed that the client holds Contract Works Insurance for their project. Should the Customer need to arrange Contract Works Insurance, Smartlife can arrange for a quote to provide this through our Insurer. This would be provided separately at an additional cost should you choose to proceed with it. The responsibility lies with the client to communicate with Smartlife if this is something they would like Smartlife to quote. 

Existing homes: Ensure that you notify your insurer of the works being undertaken, and the total contract value. This way your insurer can provide cover and note Smartlife Ltd as the main contractor.

New builds: If you can, ensure that your contract value is incorporated into the overall project value. This will mean that you will be covered by the overall Contract Works policy.

Group Housing Companies: The Housing Companies Contract Works Insurance may not cover Contractors. Smartlife recommends the client check with the Housing Company, as the arrangement of extra cover may be required. The responsibility lies with the client to communicate with Smartlife if this is something you would like Smartlife to quote. 

  1. WARRANTY TERMS AND GENERAL TERMS

Products sourced from third parties are covered by their manufacturer’s warranty.  This specifically excludes such things as overheating, insect damage and misuse.  Smartlife Limited products are covered as per below.  This warranty does not cover labour required to diagnose, remove, send in for repair or reinstall the product. 

This warranty does not cover any problems due to cabling issues, cabling must be carried out by the electrical contractor to accepted industry standards and all origins and destinations be correct to the cable schedule specification and labelled as such legibly in English. The Contractor cannot accept any responsibility if the system does not operate correctly due to damaged or faulty cable or interference from other systems. The Contractor will bear no responsibility for costs involved with replacing or repairing faulty wiring.  

  Smartlife warrants that products manufactured by Smartlife and supplied under the  Smartlife brand name (“the Product”) will be free from defects in material and workmanship for the time period of 1 Year from installation.  Smartlife Limited’s obligation under this Limited Warranty is limited to the repair or replacement, at  Smartlife’s option, of Product that fails due to defects in material or workmanship. Smartlife reserves the right to replace Product under this Limited Warranty with new or remanufactured product.  Smartlife will not be responsible for labour costs of removal or reinstallation of Product. The repaired or replaced Product is then warranted under the terms of this Limited Warranty for the remainder of the Limited Warranty time period or ninety (90) days, whichever is longer. 

Other goods supplied by Smartlife will be covered by the manufacturer’s warranty and are not covered under Smartlife’s warranty.  

This Limited Warranty does not cover PC software or mobile Apps. Installation of non-Smartlife Limited software or modification of the operating system is not covered in this warranty. 

Smartlife  is not responsible for conditions or applications beyond  Smartlife’s control.  Smartlife  is not responsible for defects or problems as a result of such conditions or applications. Such conditions include damage to Product while outside of  Smartlife’s possession, by its improper installation, including failure to follow written Installation and Operation instructions, normal wear and tear, catastrophe, fault or negligence of the user or other problems external to the Product.  

The exclusive remedy with respect to any and all losses or damages resulting from any cause whatsoever shall be repair and replacement, as specified above. Smartlife shall in no event be liable for any consequential or incidental damages whether by negligence or otherwise. 

The foregoing Limited Warranty is in lieu of all other warranties, express or implied, and no person, (including any agent, dealer or representative of Smartlife ltd) is authorised to make any representation or warranty concerning product except to refer original purchaser to this limited warranty. Any implied warranties (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose) are limited to the duration of this Limited Warranty. 

This limited warranty gives you specific legal rights. you may also have other rights.