Terms and Conditions of Trade
Meth Testing New Zealand Limited (MTNZ) will provide you (client) with our services on the following terms and conditions unless we agree, in writing, to vary these terms and conditions. MTNZ reserves the right to change these terms and conditions at any time. You are advised to check these terms and conditions before each dealing you have with MTNZ.
1.1 “Fee” shall mean our fee for providing the Services.
1.2 “Services” shall include all services provided by MTNZ to the client and shall include without limitation the provision of testing, analysis, providing reports and feedback and helpdesk services.
2.1 Any party who operates competing property testing services is expressly excluded from using MTNZ resources and information directly or through a third party. MTNZ maintains the right to hold any parties breaching this term fully responsible for all costs and losses that may result.
3.1 Upon completion of each booking, MTNZ shall provide the Services and the client agrees to pay the Fee for each property tested.
3.2 Unless we agree otherwise, our Fee is subject to change without notice.
3.3 Unless specified in our invoice, our Fee excludes goods and services tax, which the client must pay.
4.1 Unless otherwise agreed, payment for Services shall be made in full immediately upon making a booking. For approved clients, payment shall be made within 14 days following the date upon the invoice. If you wish to become an approved client, please contact us for a credit application.
4.2 The client cannot cancel a booking once it is made.
4.3 We may charge you a late fee and/or interest at 2.5% per month on any fees remaining unpaid after the due date for payment. Interest will accrue until payment is made. If the payment is not made, you will be responsible for all reasonable debt, collection costs and/or legal costs (on a solicitor/client basis) that we incur in recovering outstanding amounts.
4.4 Prior to the supply of Services, MTNZ may require a deposit from the client.
5. Client warranties and indemnity
5.1 The client warrants:
(a) you are legally able to grant access to the property as an owner, tenant, property manager or real estate agent.
(b) you have obtained the necessary permissions to arrange the test.
(c) information is supplied correctly via the website, work order, email or telephone and is not misleading.
5.2 The client shall indemnify MTNZ and keep MTNZ indemnified against, any claim, liability, loss (including consequential loss and loss of profit), damage or expense (including actual lawyer’s fees on a solicitor own client basis) made against, or suffered or incurred, by MTNZ and arising from or out of any breach by the client of the warranty claimed in clause 5.1.
6.1 MTNZ will work with the client to arrange a suitable time and date for the testing to take place. If on arrival at a property at the arranged time, MTNZ is unable to access the property, a new booking must be made and paid for in full. The client will forfeit the Fee for ‘no shows’.
6.2 MTNZ will endeavour to provide results within two working days from the date the sample reaches Analytica Laboratories for testing. Time of arrival differs depending on your location but should rarely be more than 24 hours after the samples are collected onsite.
7.1 No claim relating to Services will be considered unless made within 14 days of provision of the Services.
8. Confidentiality & Intellectual Property
8.1 The client acknowledges that MTNZ is, and shall remain, the sole and exclusive owner of the Intellectual Property in and to all of the Services.
8.2 MTNZ agrees to keep confidential all information relating to the client or any customer of the client, which is at any time made available to MTNZ.
9.2 We guarantee the protection of your credit card information. You will not be held liable if unauthorised charges are made to your account through no fault of your own as a direct result of use on this web site.
9.3 By placing an order through MTNZ’s website you agree to receive newsletters promoting products and services from us. Should you not wish to continue to receive these newsletters, you can unsubscribe at any time by using the unsubscribe link the end of the newsletter.
10. Health & Safety
10.1 On entering the client’s premises to supply Services, MTNZ will comply with all Department of Labour guidelines and Health and Safety Regulations and the client will comply with any directions from MTNZ in this regard. This will include both written and verbal directions.
10.2 MTNZ will take all practicable steps to ensure their own safety and the safety of others while on the premises.
11. Consumer Guarantees Act
11.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where MTNZ provides Services for the purposes of a business in terms of sections 2 and 43 of the Consumer Guarantees Act 1993.
12. Limitation of Liability
12.1 The client accepts that MTNZ and its Testing Managers operate to a best practice model, using proven methods for testing and test location selection. This ensures MTNZ is providing clients with the best possible testing. However MTNZ does not guarantee that testing will find all contamination, particularly if efforts have been made to hide the contamination. The client will not be entitled to claim compensation should meth contamination be found at the property at a later date.
12.2 MTNZ, its contractors, employees and suppliers shall not be liable to the client for any consequential, indirect or special damage or loss of any kind whatsoever.
12.3 If we are found liable, whether in contract or in tort or otherwise, for any loss, damage or injury suffered by you, our liability shall be limited to the total Fees charged to the client under this agreement.
12.4 MTNZ shall not be liable for delay or failure to perform its obligations if the cause of delay or failure is beyond its control including suppliers not supplying their products or services on time.
13.1 Failure by MTNZ to enforce any of these terms and conditions shall not be deemed to be a waiver of any of the rights or obligations MTNZ has under these terms and conditions.
13.2 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.3 The Laws of New Zealand govern our trading and the client agrees with MTNZ to submit to the non-exclusive jurisdiction of the Courts of New Zealand and agree that any legal proceedings may be heard in those Courts.