TERMS AND CONDITIONS
By agreeing to use our services, you expressly accept all the Terms and Conditions set out below in full. You must not use our services if you have any objection to any of these Terms and Conditions.
PRICING
1. We will provide you with a quote for our services setting out the type of job and the amount we will charge. By accepting the quote, you agree to pay the price and agree to these terms and conditions.
2. All prices are in New Zealand Dollars and exclusive of Goods and Services Tax.
3. Payment in full is required on the payment date provided. Our final report or any other final work product will not be provided until payment is received in full.
4. In the event you fail to pay your invoice in full by the payment date then we will be entitled at our sole and absolute discretion to charge you default interest at a rate of 2.5% per calendar month, compounding daily on any outstanding balance due and payable. You have no right of set-off. You will indemnify us and be responsible for all costs (including legal spend and debt collection agency costs) if an invoice is not paid on time.
5. In the event that you wish to cancel the services to which these terms and conditions apply, you shall be liable for a cancellation fee equal to 80% of the full fee set out in the quote.
SERVICE
6. The services we provide will be set out in our email to you with the original quote. We provide building consultancy services, specifically safe and sanitary reports and advice on code compliance certificates, consents for new construction, non-consented work and certificates of acceptance.
7. The specific services we will be providing for you will be set out in our initial quote.
8. You shall provide us, as soon as practicable following any request from us for information, all information we request to help us provide the services. If you fail to provide the necessary information within 5 days of request, we reserve the right to cancel the contract.
9. If you or any third party give us any information about the building, we can use that information in our report and will not be liable if it is inaccurate. We are not liable for any mistakes the council make on their files and we are entitled to rely on council information as correct.
10. Lodgement of any documents with any territorial authority or any other relevant body or company/person is the client’s responsibility unless specified in the quote.
11. Any extra work that you require over and above the original services which we provided a quote for will be treated as a variation to the services. We will charge a reasonable price for such extra work which shall be payable as if it was part of the original quote.
COMPLIMENTS AND COMPLAINTS
12. Your feedback, both positive and negative, can assist us to improve our services. We encourage you to please contact us with any compliments or concerns directly and as soon as you are able.
TIME OF SUPPLY
13. The service shall be supplied at approximately the date(s) and time(s) agreed. However, while we will make a reasonable effort to supply the services at the date(s) and time(s) agreed, we reserve the right to vary the date(s) and time(s) that the services are supplied at our absolute discretion.
14. If at any time you are in breach of any obligation (including the obligation to pay for the services), we may, at our election, suspend or terminate the supply of services to you and any of our other obligations under these terms and conditions. We will retain any money paid for hours already worked and/or part performance of the services but will cancel any further payments.
15. We may cancel any services to which these terms and conditions apply at any time before the services are supplied by giving written notice to you. On giving such notice we shall repay you any sums paid in respect of the services. We shall not be liable for any loss or damage whatsoever arising from such cancellation.
LIABILITY
16. The Report does not constitute a warranty or an insurance policy against problems with the building in the future.
17. If you breach any part of this agreement you will indemnify and reimburse us in full the amount of any loss or damage we suffer as a direct or indirect consequence, including legal costs and debt recovery costs.
18. If we breach this agreement or are negligent, including omitting to mention anything or expressing an inaccurate opinion or fact to you, any liability we might have to you for any loss or damage that you suffer is limited to repaying to you the price of the service you paid, as set out in our original quote. For any value above the price, to the maximum extent permitted by law, we exclude all liability and responsibility to you (or any other person) in contract, tort (including negligence), equity, or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, our services. You indemnify us against any loss, damage, costs, awards or similar we incur over and above the price of the service you paid.
TYPES OF TESTING AND INSPECTION
19. Unless specific testing is identified as part of the service, we use visual non-invasive inspection methods which does not include inspection of any areas or components which were concealed or closed in behind finished surfaces (such as plumbing, drainage, heating, framing, ventilation, insulation or wiring).
20. We do not provide home inspection services such as pre-sale or pre-purchase inspections, or provide any advice relating to the sale and/or purchase of a property. We do not provide any advice or representations on the advisability of sale or purchase of a property.
21. We do not generally provide any advice in relation to the Resource Management Act 1991. In specific situations we will provide advice on the Resource Management Act, for example in a safe and sanitary or CCC report, but if so we will make clear exactly what advice we are providing in relation the Resource Management Act and why in the report.
22. Our service does not include any rectification or reinstatement works.
23. We only inspect and report on areas we have reasonable access. You will need to ensure we have access to all areas at the Property being inspected.
24. We do not inspect, nor report on hidden defects.
25. We will not move any furniture, household items, floor coverings, plants or soil or other similar items in order to inspect.
26. Any suggestions or recommendations contained in the report or advice we provide are suggestion only and it shall be the responsibility of the person or persons carrying out the work to ensure the most appropriate remedy is carried out in conjunction with any further discoveries, warranty’s or manufacturers recommendation and warranty’s, and any necessary local authority consents obtained prior to proceeding with remedial work.
27. Unless stated in the quote for services, we do not make any inquiries or undertake any inspection of any third party, territorial or other relevant records in respect of the building.
28. It is the client’s responsibility to pay for all plans, property searches and any third party costs associated with our report.
29. Our report may not identify all past, present or future defects. Descriptions in our report of systems or appliances relate to existence only and not adequacy or life expectancy. Any area or component of the building or any item or system not specifically identified in this report as having been inspected was excluded from the scope of the inspection.
30. We do not advise on the existence of formaldehyde, lead paint, asbestos, toxic or flammable materials, pest infestation and other health or environmental hazards.
31. We take all care to provide our recommendations but we are not responsible if the building does not comply with the requirement of any legislation (including any act, regulation, by-laws, etc), including but not limited to the Building Act 2004, Health and Safety in Employment Act 1992, Fire Safety and Evacuation of Building Regulations 2006.
32. We do not generally assess compliance with the NZ Building Code including the Code’s weathertightness requirements, or structural aspects. On request, specialist inspections can be arranged of weathertightness or structure or of any systems including electrical, plumbing, gas or heating. This would be subject to a specialist report. In specific situations we will provide advice on the NZ Building Code, for example in a Certificate of Acceptance report, but we will make clear exactly what advice we are providing and for what purpose in our report.
33. You accept we will not detect some issues with the property because:
a. The issue is intermittent or only occurs after regular use.
b. The type of weather which reveals the issue did not occur during the inspection.
c. The fault or defect had been concealed.
d. Furnishings, vegetation or other material obscured the fault or defect.
e. We were given incorrect information by you, the vendor or their agent.
f. The issue is not visible when a visual inspection is undertaken.
PUBLICATION AND USE
34. The report or any other work product we provide is written for and may be relied upon only by you and must not be published. If the report is released or you show the report to another person you must tell them that they cannot rely on it. You indemnify us against any claim by a third party who relies on the report and any legal costs we incur.
GENERAL
35. If any term of this agreement is in breach of any law, then that term remains part of this agreement but is to be amended only as much as is necessary to comply with that law.
36. This document contains all of the terms of this agreement and anything inconsistent we or you have said or written to each other is excluded.
37. Your use of our services shall be governed by the laws of New Zealand and subject to the exclusive jurisdiction of the New Zealand Courts.
38. If you are acquiring or otherwise being supplied with services for the purpose of a trade or business, you acknowledge that the so far a possible the provisions of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 do not apply to the supply of these services.
39. If necessary, you shall provide a list of known identified risks to health and safety relevant to the Services and any safety risk register or health and safety management plan operated by you. We do not assume any of your Health and Safety duties imposed on you by the relevant Act.
40. All pre-existing Intellectual Property shall remain the property of the original owner. All new Intellectual Property shall be jointly owned by you and us and both parties grant to the other an unrestricted royalty-free license in perpetuity (your rights in this regard are conditional on you paying the price for the services).
41. The Parties shall attempt in good faith to settle any dispute themselves but failing that by arbitration. An arbiter will be appointed by agreement between the parties, or if no agreement reached, either party can apply to the Arbitrators and Mediators Institute of New Zealand who will appoint an independent arbitrator to resolve the dispute.
42. You authorise us to collect, retain, use and disclose any personal information about you for the following purposes (in addition to any purposes otherwise authorised by law), (1) to enable us to provide our services and perform our obligations pursuant to any contract (including these terms and conditions) with you; (2) Administering, whether directly or indirectly, any contract (including without limitation, these terms and conditions) with you and enforcing our rights thereunder; (3) Enabling us to communicate with you for any purpose.
PRIVACY POLICY
We collect personal information from you, including information about your:
name
contact information
We collect your personal information in order to:
that directly relates to our business
Besides our staff, we share this information with:
a 3rd party in order to take actions in relation to our business.
Providing some information is optional. If you choose not to enter certain information, we'll be unable to provide certain services.
We keep your information safe by storing within our companies database and only our staff can access these file .
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at cam@cbmconsulting.co.nz, or 0211762704.