CAVITY CRITTER – TERMS OF TRADE

1. Terms and conditions of trade

1.1 These are the Terms on which we (Underfloor inspections Limited t/a Cavity Critter) trade with you. These Terms comprise our contract with you and shall be read as one document.

1.2 You must read, agree with, and accept all of the terms and conditions contained in this Agreement, before you may use the Cavity Critter service. Your acceptance of services provided by us is deemed to be acceptance of these Terms whether or not you have acknowledged these Terms in writing.

1.3 Variations to these Terms are only effective if they are agreed in writing and signed by our authorised representative.

2. The Cavity Critter service

2.1 Our service includes gathering quality images of sub floor spaces for buildings that have no less than 220mm of cavity space. The information is compiled into a report that includes narration and recommendations by a licensed category 2 builder.

2.2 The aim of our service is to provide quality images of sub floor spaces that are not easily accessible. The information gathered and presented in our report is intended to provide informative direction for home owners and qualified tradespeople.

2.3 Inspections are an attempt to gather information of the entire subfloor area. While we will endeavour to capture all information practically available, we do not guarantee that all areas can be inspected.

2.4 If recommendations are given, it is purely the opinion of Cavity Critter and Cavity Critter agents and we recommend that you further investigate with an independent tradesperson about future action.

3. We Do not provide structural reports

3.1 Our service is not to produce a structural report.

3.2 Our service may not provide information for every part of the subfloor area.

3.3 Our service and reports are intended to be used for future action or decisions surrounding the structural condition of buildings.

3.4 It is out of the scope of our report to comment on compliance with the Building Code, legislation or bylaws. Comments in our reports that make reference to particular codes or bylaw are assumptions based on experience or visual appearance, they are not conclusive as to the actual status or integrity of the building.

4. Exclusion of Warranties

4.1 If you are acquiring the services for trade or business you acknowledge that the Consumer Guarantees Act 1993 does not apply.

4.2 Unless you have rights under the Consumer Guarantees Act, or other Legislation, which cannot be excluded or limited, there are no warranties expressed or implied.

5. Pricing

5.1 No contract for the supply of services shall exist between Cavity Critter and the Customer until the Customer’s order for services has been accepted by Cavity Critter (such acceptance of Customer’s orders many be made and communicated by Cavity Critter in writing, orally or by an overt act of acceptance).

5.2 Services are offered subject to availability.

6. Our responsibilities

6.1 We will make every effort to supply our service on time and in accordance with the estimate or quotation.

6.2 Unless otherwise agreed with you, our service shall occur during our normal business hours.

7. Your responsibilities

7.1 You must:
(a) cooperate with us in all matters relating to our service; and
(b) advise us of all matters which might constitute a hazard to our staff or equipment.

8. Payment

8.1 The cost to perform an under floor foundation inspection report is $790 including GST.

8.2 Additional travel costs apply if the site for inspection is further than 20km from Christchurch city centre.

8.3 Reports are released only upon receipt of full complete invoice payment.

8.4 Separate payment terms will only be acceptable upon confirmation by us in writing.

8.5 If full payment is not made by the due date, then without prejudice to any other rights or remedies available to us:
(a) we may charge interest on outstanding amounts at 18% per annum calculated on a daily basis, and interest shall continue to accrue both before and after judgment; and
(b) you will be responsible for all costs (including legal costs on a solicitor/client basis) incurred by us in recovering such outstanding amounts.

9. Limitation of liability

9.1 The engagement of our service shall not, unless expressly agreed in writing, give the Customer any right to sell use, disseminate or duplicate any Cavity Critter patent, trademark, copyright, design or any other intellectual property right.

9.2 To the maximum extent permitted by law, any and all liability we may have to you, and any liability any of our directors, employees, agents, members or subcontractors may have to you arising out of or howsoever touching upon this Agreement (whether in contract, quasi-contract, tort, or equity) is excluded.

9.3 To the extent that any liability we may have to you, or that any of our directors, employees, agents, or subcontractors may have to you is incapable of exclusion by contract, you acknowledge and agree that our liability to you, and that of our directors, employees, agents, or subcontractors shall be limited, in aggregate, to the amount of the purchase price of our services.

9.4 The information provided in the report is for the purchaser of the services only and we disclaim all responsibility and liability to third parties.

10. Personal Guarantee

10.1 The person who signs this Terms, or requests them on behalf of a Company or trust, personally guarantees in their personal capacity payment of all amounts owed to us.

11 Privacy Act 2020

11.1 We may use any personal information that you give to us for credit, administration, service and marketing purposes.  If you do not give this information, we may not be able to provide the services.

11.2 You authorise any person or company to give us such information as we may require in response to our creit and other enquiries.

11.3 You have a right of access to, and may request correction of, your personal information.

11.4 If the customer is a Company, the workd “you”, where used in this clause 11, includes its directors and shareholders.

12. General terms

12.1 Amendments: We may amend these Terms from time to time by notice to you in writing.

12.2 Waiver: No delay or failure by us to exercise our rights under these Terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.

12.3 Severability: If a court decides that part of these Terms is unenforceable, the part concerned shall be deleted from the rest of these Terms, which will then continue in force.

12.4  New Zealand Law: these Terms are governed by the Laws of New Zealand.

12.5 No assignment you may not assign these Terms to any person or entity except with our written consent.