T&C's

1)      Interpretation

a)      “Customer” shall mean the person or entity (or any person acting on behalf of and with the authority of such entity or person) entering into this agreement with METH FORENSICS NZ LTD for the provision of Services.

b)     “METH FORENSICS NZ LTD” shall mean Meth Forensics NZ Limited and any agents, independent contractors or employees thereof.

c)      “METH FORENSICS NZ LTD report” shall mean and includes: Baseline Methamphetamine Assessment, Comprehensive Methamphetamine Assessment and Post Remediation Assessment, which will be provided to the Customer within 3, 5 or 7 working days following completion of property Methamphetamine contamination sampling in accordance with timeframe agreed with METH FORENSICS NZ LTD in writing prior to provision of Services.

d)     “Price” shall mean the cost of the Services as quoted by METH FORENSICS NZ LTD and any other amounts owing to METH FORENSICS NZ LTD by the customer.

e)      “Services” shall mean property Methamphetamine contamination sampling and includes: site inspection, visual assessment for key indicators of Clandestine Methamphetamine Laboratories, Methamphetamine swab sampling using methanol dampened gauze (all areas swabbed and sampled are photographed) sampling of any suspicious substances and chemicals and provision of METH FORENSICS NZ LTD report. If necessary, Services may also include: asbestos sampling, soil sampling, volatile organic compounds and pH testing. If property is contaminated, Services may also include basic recommendations for remedial decontamination and safety.

 

2)      General

a)      METH FORENSICS NZ LTD may sub-contract any part of this agreement. No subcontractor has any authority to agree to any variation of this agreement on behalf of METH FORENSICS NZ LTD. The Customer agrees and acknowledges that METH FORENSICS NZ LTD may engage and train, in its sole discretion, suitable individuals to undertake indicative sampling for property meth contamination and such individuals may not be licensed environmental testing professionals but will undergo forensic training with METH FORENSICS NZ LTD for Methamphetamine sampling and site assessments.

b)     METH FORENSICS NZ LTD reserves the right to vary and replace these terms of trade at any time without notice and such changes shall take effect in respect of any subsequent provision of Services.

c)      This agreement shall be subject to the laws and statutes of New Zealand and subject to the jurisdiction of the court geographically closest to the physical address of METH FORENSICS NZ LTD.

 

3)      Services

a)      METH FORENSICS NZ LTD agrees to provide Services to the Customer on the following terms and conditions. These terms and conditions along with any METH FORENSICS NZ LTD invoice, quotation, or any other document issued by METH FORENSICS NZ LTD together form the contract and are the full agreement between the parties.

b)     METH FORENSICS NZ LTD, in its sole discretion, reserves the right to decline any order for Services.

 

4)      Payment & Price

a)      The Price of the Services shall be as shown on the METH FORENSICS NZ LTD invoice, which shall be in accordance with METH FORENSICS NZ LTD quote (if any).

b)     The Price is exclusive of Goods and Services Tax which is payable by the Customer in addition to the Price.

c)      Unless otherwise agreed in writing by METH FORENSICS NZ LTD, payment of the METH FORENSICS NZ LTD invoice must be made in full prior to the provision of Services.

d)     METH FORENSICS NZ LTD may agree, in its sole discretion, to carry out Services (limited to property Methamphetamine contamination sampling only) prior to receipt of payment. In this instance, the METH FORENSICS NZ LTD invoice shall be payable by the Customer immediately on completion of sampling in order for the Customer to receive the METH FORENSICS NZ LTD report within the quoted timeframe. For the avoidance of doubt, the METH FORENSICS NZ LTD report will not be released to the Customer until METH FORENSICS NZ LTD receives payment in full.

e)      METH FORENSICS NZ LTD may agree in its sole discretion to provide Services and the METH FORENSICS NZ LTD report to the Customer prior to receipt of payment. In this instance, and unless agreed otherwise, the METH FORENSICS NZ LTD invoice shall be due on the 3rd working day following the date on which an invoice is issued to the Customer. For the avoidance of doubt, the invoice will be issued to the Customer by METH FORENSICS NZ LTD on provision of the METH FORENSICS NZ LTD report.

f)       Payment must be made by direct deposit to METH FORENSICS NZ LTD nominated bank account as shown on the METH FORENSICS NZ LTD invoice. METH FORENSICS NZ LTD does not accept cash or cheque.

g)      Payment must not be made directly to any METH FORENSICS NZ LTD employee or contractor.

h)     All payments by the Customer must be made in full and without any deduction or right of set-off or counterclaim.

i)       METH FORENSICS NZ LTD shall not be bound by any error or omission made by METH FORENSICS NZ LTD on any invoice, quotation, estimate, or any other document issued by METH FORENSICS NZ LTD.

j)       Any expenses, disbursements and legal costs incurred by METH FORENSICS NZ LTD in the enforcement of any rights contained in this agreement shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.

 

5)      Failure to Access Fee & Cancellation

a)      If METH FORENSICS NZ LTD cannot gain access to a property, at the time mutually agreed by the Customer and METH FORENSICS NZ LTD, for the provision of Services, the Customer agrees and acknowledges that METH FORENSICS NZ LTD will charge (or retain if payment has already been made) 50% of the Price, even if no Services have been provided to the Customer.

b)     METH FORENSICS NZ LTD recommend that the Customer obtains confirmation in writing from the Property owner, owner’s agent or property manager or tenant prior to submitting an order for Services.

c)      If the Customer cancels the Services at any time prior to the provision of any Services, METH FORENSICS NZ LTD reserves its right to charge (or retain if already paid) 50% of the Price even if no Services have been provided to the Customer.

d)     For the avoidance of doubt, if Services have already been provided, and the Customer notifies METH FORENSICS NZ LTD of cancellation, the METH FORENSICS NZ LTD invoice is payable in full and no refund will be offered to the Customer for any amount already paid to METH FORENSICS NZ LTD.

 

6)      Positive Test Results

a)      The Customer agrees and acknowledges that in the event that tests show meth present in samples, METH FORENSICS NZ LTD may share the results with other stakeholders in the property.

 

7)      Rescheduling & Resampling

a)      From time to time, METH FORENSICS NZ LTD may be required to reschedule provision of Services. In this event, METH FORENSICS NZ LTD will contact the Customer directly and will use its best endeavours to provide at least 24 hours’ prior notice of any rescheduling.

b)     The parties agree and acknowledge that following Methamphetamine property testing, METH FORENSICS NZ LTD may courier samples to Hill Laboratories in Hamilton for further testing and analysis. In the event that samples have been couriered by METH FORENSICS NZ LTD but do not arrive at Hill Laboratories in Hamilton due to any third party fault, the parties agree that provision of the relevant METH FORENSICS NZ LTD report shall be postponed until METH FORENSICS NZ LTD have re-sampled the property. In this event, METH FORENSICS NZ LTD will not charge any additional costs for re-sampling. However, for the avoidance of doubt, the Customer shall remain liable to pay the Price in full in accordance with clause 4.

 

8)      Alarm systems

a)      The Customer agrees that any security systems must be disarmed prior to provision of Services.

b)     If the Customer instructs and authorises METH FORENSICS NZ LTD to disarm and re-arm any home security systems at commencement and completion of Services, the parties agree that METH FORENSICS NZ LTD shall not be liable towards the Customer (or any other person) for any loss or damage of any kind, arising directly or indirectly, from METH FORENSICS NZ LTD or any employee or independent contractor of METH FORENSICS NZ LTD, operating or failing to operate any home security system.

 

9)      Health & Safety

a)      All METH FORENSICS NZ LTD employees and contractors must adhere to METH FORENSICS NZ LTD Health and Safety Management Plan and policy in the provision of Services.

b)     The parties agree and acknowledge that following the provision of Services, METH FORENSICS NZ LTD may provide health and safety recommendations to the Customer. For the avoidance of doubt, METH FORENSICS NZ LTD is not liable for any loss, damage or personal injury which results from any person failing to comply with any METH FORENSICS NZ LTD health and safety recommendation, including any inaccurate recommendation.

c)      METH FORENSICS NZ LTD reserves the right to abandon the provision of Services, at any time, if METH FORENSICS NZ LTD employees and contractors have any reason to believe that their personal safety is at risk. This includes but is not limited to: threatening behaviour, domestic incidents, disputes, dangerous or threatening pets/animals, unsafe or unsanitary conditions. If Services are abandoned by METH FORENSICS NZ LTD employees or contractors, in accordance with this clause, METH FORENSICS NZ LTD reserves it right to invoice the Customer for the full Price. If the full Price has already been paid, the Customer agrees that no refund is payable by METH FORENSICS NZ LTD.

d)     The parties agree that indoor animals must be secured during the provision of Services.

 

10)  Removal of Items & Damage

a)      The Customer agrees and acknowledges that in some instances, METH FORENSICS NZ LTD may be required to re-position or remove items or suspicious material from the property for further Methamphetamine testing.

b)     If any items are removed from the property for further testing, the parties expressly agree that METH FORENSICS NZ LTD is not liable for any loss or damage caused howsoever and the Customer indemnifies METH FORENSICS NZ LTD in respect thereof.

c)      Without limiting clause 10(b) METH FORENSICS NZ LTD will use its best endeavours to store and return any items (where possible) to the Customer within a reasonable time following completion of Methamphetamine testing.

d)     The Customer agrees and acknowledges that METH FORENSICS NZ LTD (including any METH FORENSICS NZ LTD contractor and employee) is not liable for any loss or damage caused to property in the provision of Services.

 

11)  Privacy and Confidential Information

a)      The parties agree that: knowledge of where property keys are located, PIN codes for any home security systems and any other confidential information provided by the Customer to METH FORENSICS NZ LTD including any photographs taken by METH FORENSICS NZ LTD (including its employees and contractors) in the provision of Services will remain private and confidential information and will not be transmitted or disclosed to any other party without the Customer’s express permission.

b)     The parties agree that any METH FORENSICS NZ LTD report provided to the Customer must not be shared, copied or reproduced by Customer.

c)      The parties expressly agree and acknowledge that METH FORENSICS NZ LTD may use recording devices (including smartphone cameras) to: photograph the exterior of the property prior to provision of Services, photograph all areas swapped and sampled, record visual evidence of Methamphetamine contamination in the property and to record any pre-existing evidence of property damage (if deemed necessary by METH FORENSICS NZ LTD).

 

12)   Termination of Services

a)      To terminate this agreement, the Customer must give written notice to METH FORENSICS NZ LTD at least 5 working days prior to provision of Services.

b)     If this agreement is terminated, METH FORENSICS NZ LTD is entitled to recover the Price for any Services already provided to the Customer.

 

13)  Copyright & Intellectual Property

a)      METH FORENSICS NZ LTD reserves all copyright in its website and in all documents and information on its website.

b)     The Customer agrees and acknowledges that METH FORENSICS NZ LTD expressly prohibits the Customer from using any METH FORENSICS NZ LTD trademarks, trade names, graphics, designs or intellectual property and reserves its right to take action against the Customer in the event of any Customer breach.

 

14)  Consumer Guarantees Act 1993 & Fair Trading Act 1986

a)      Where Services are provided for the purposes of a business, the Customer agrees that theConsumer Guarantees Act 1993 shall not apply.

b)     Nothing in this agreement is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 except to the extent permitted by statute.

 

15)  No Warranty

a)      To the extent permitted by statute, METH FORENSICS NZ LTD excludes all representations, warranties (whether express or implied) and liability in connection with the provision of Services.

b)     METH FORENSICS NZ LTD makes no warranty that the Services will categorically detect contamination that may be associated with Methamphetamine being manufactured or used in the property in which the Services are provided. The areas examined and tested are representative of the status of the property on the day and time of sampling Services. Only areas identified in the relevant METH FORENSICS NZ LTD report were examined and tested. The Customer agrees and acknowledges that there may be other contaminants or varying degrees of Methamphetamine contamination in other areas that were not tested by METH FORENSICS NZ LTD.

c)      The Customer agrees and acknowledges that the presence of Methamphetamine can be masked through extensive cleaning of surfaces or painting and decorating. The Customer is advised to check if any extensive cleaning, painting and renovating of the property has been recently completed.

 

16)  Customer Indemnification

a)      The Customer indemnifies METH FORENSICS NZ LTD for any loss or damage, including any third party claims that may arise in the provision of Services.

 

17)  Limitation of Liability

a)      In New Zealand, the Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or impose obligations on METH FORENSICS NZ LTD which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of such implied warranties, conditions or terms imposed on METH FORENSICS NZ LTD, its liability shall, where it is allowed, be excluded or if not able to be excluded, only apply to the minimum extent required by the relevant statute.

b)     Subject to clause 16(a) above, METH FORENSICS NZ LTD shall not be liable towards the Customer (or another person) for any loss or damage of any kind (arising directly or indirectly from Services or from remedial recommendations made by METH FORENSICS NZ LTD) however caused.

c)      To the extent permitted by statute if METH FORENSICS NZ LTD is ever liable to the Customer, or any other person, and it cannot rely on the exclusions set out in these terms and conditions then METH FORENSICS NZ LTD’s liability is in all cases limited to a refund of the fee paid for the Services giving rise to such claim.

d)     Neither party shall be deemed in default of this agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any Act of God, war, terrorism, fire, natural disaster, accident, act of government, strikes, unavailability of material, or any other cause beyond the reasonable control of such party.

e)      The Customer hereby disclaims any right to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by METH FORENSICS NZ LTD.

 

18)  Dispute

a)      For disputes arising between the parties under this agreement where the Price is within the limits of the jurisdiction of the Disputes Tribunal the Customer expressly acknowledges and agrees that this contract may be taken as agreement that both parties consent for the dispute to be referred to the Disputes Tribunal for resolution.

 

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