TERMS APPLYING TO SERVICES PROVIDED BY SURVEY BAY OF PLENTY LIMITED Price: A quote is only valid if the services are provided within 30 days of the quote. We may notify you that the contract price is to be increased where it becomes apparent that a job is different in scope to the job as quoted by us. Generally, we will quote prices inclusive of GST. However, if the price does not specify that GST is included, we may require you to pay GST in addition to the purchase price. You may not withhold the price or deduct or set-off any amount against the price. Payment: Generally, the price shall be payable within 7 days of our invoice being issued. However, we may in our absolute discretion require payment of a deposit or that the price is paid wholly or partly in advanced. We may also suspend any credit and require you to pay all outstanding amounts in full at any time. We may elect not to provide services to you, or may withhold our report, if payment is not received in accordance with our requirements. Default Interest/Costs: We may require that you pay us interest at 1.5% per month (or part month) on any amount due and unpaid. Payment of default interest is without prejudice to our other rights and remedies. If we take action to recover any amount due from you, or to otherwise protect our interests in relation to moneys owed by you, you agree to pay our costs (including solicitor/client costs). Timing: We will do our best to meet any time frames for providing services. However, timing is not guaranteed, and we are not liable for any delays or failure to supply. Scope of Work: Our services are limited to visual inspection on the day of inspection and providing our opinion on matters reasonably able to be determined by visual inspection. We have no liability whatsoever in connection with any matter not reasonably able to detect by visual inspection. In particular, we are not liable in respect of any thing that would be discovered only by removal of cladding/joinery/coatings or any form of disassembly or invasive testing. Our inspection does not involve us giving an opinion on the merits or otherwise of the materials used in construction. All warranties implied by customary practice, at law or under statute are excluded to the extent legally permitted. Matters Beyond our Control: We are not responsible for any defect, failure or delay resulting from the acts or omissions of any third party. We are not liable for any defect, failure or delay in providing services where the same arises due to a cause beyond our reasonable control. You are responsible for providing us with all information you hold that is relevant to services provided to you and we are not liable where you fail to make such disclosure. Extent of Liability: Without limiting clauses 4 to 6 (inclusive), our liability for any cost, loss damage or claim arising directly or indirectly in relation to any services provided by us, whether arising in contract, tort (including negligence) or otherwise, shall be limited so that: (a) we are liable for a maximum of the amount we have charged you for the services that resulted in the cost, loss damage or claim in respect of any one incident or any series of incidents occurring at the same time; (b) we are not responsible for any indirect, consequential or special loss, loss or profits or economic loss. Indemnity: Where we supply services to you and you are on-supplying services (eg where we are your sub-contractor) we are liable solely to you and not to any third party. No Waiver: No delay or failure by us to act or insist on any right shall be regarded as a waiver and every right remains enforceable any may be exercised by us at any time. Provisions Applying to Consumers: You are a commercial customer if you acquire services from us: (a) that are services not ordinarily acquired for personal, domestic or household use; (b) for use in a business; (c) for resale or supply to other persons in trade. You are a consumer if you are not a commercial customer. If you are a consumer, nothing in these terms limits or excludes any right you have under the Consumer Guarantees Act 1993. Interpretation: The term "us", "we", or "our" is a reference to Survey Bay of Plenty Limited. In these terms, headings are used for convenience only and shall not affect the interpretation of any clause. These terms of trade prevail over the terms of any purchase order or any terms or contract submitted by you.