These terms and conditions (“Terms and Conditions”) govern the Meth Testing Services (“the Services”) provided by Pro-Spect Building Reports Ltd (“Pro-Spect”) to its customers.
Definitions
– “Customer” means the person or entity purchasing the Services from Pro-Spect.
– “Services” means the Meth Testing Services.
– “Pro-Spect” means Pro-Spect Building Reports Ltd.
– “Report” means the report completed by Pro-Spect to the Customer following completion of the Services.
– “NZS8510” means the New Zealand Standard NZS 8510:2017 (Testing and decontamination of methamphetamine-contaminated properties).
1. Pro-Spect’s Obligations
1.1. Pro-Spect shall perform the Services with appropriate care and skill in accordance with NZS8510
1.2. If the customer requests any type of testing or Services that are not in accordance with NZS8510, the customer agrees that Pro-Spect will not be held liable for any damages whatsoever and that Pro-Spect only ever recommends testing Services in accordance with NZS8510.
1.3. Pro-Spect accepts no liability for any inaccuracies, errors, uncertainty or incompleteness arising out of provisions or misinterpretation.
1.4. Pro-Spect shall use the appropriate equipment and follow the appropriate procedures to detect and quantify the presence of methamphetamine and its residual components in the property being tested.
2. Customer’s Obligations
2.1. The Customer shall provide Pro-Spect with access to the premises to be tested at any agreed time and date.
If Pro-Spect is required to collect a key to perform the Services, the Client will be responsible for collecting the key from the property following the Services.
2.2. The Customer will ensure adequate notice is given to tenants or occupants of the property that the Services will be conducted and share any specific instructions given to them by Pro-Spect in relation to the testing process.
2.3. The Customer shall take all reasonable steps to ensure that the premises being tested are ready for the testing.
2.4. The Customer shall not disturb or change any environment in the premises that may affect the value or the eventual result of the test.
2.5. The Customer shall not interfere with the testing equipment or any testing procedures employed by Pro-Spect.
3. Payment
3.1. The Customer shall pay for the Services provided by Pro-Spect within the period agreed upon in writing by the parties.
3.2. Pro-Spect reserves the right to withhold the report until payment is made in full.
3.3. In the event of non-payment, Pro-Spect may seek debt collection or legal proceedings.
4. Confidentiality
4.1. Pro-Spect shall keep any information gathered during the provision of the Services strictly confidential and shall not disclose such information to any third party unless required to do so by law.
4.2. The Customer shall not disclose the content of the report without the prior written consent of Pro-Spect, unless required to do so by law.
5. Report Turnaround
5.1. Pro-Spect typically provides report turnaround times of 2-4 business days (counting day one being the day after the testing)
5.2. The customer agrees that the turnaround times are depending on Courier and Laboratory workloads and Pro-Spect will not be liable for any delays outside of the direct control of Pro-Spect.
5.3. Where urgent results and reports are required, the Customer must communicate this in writing prior to Pro-Spect undertaking the Services.
6. Limitation of Liability
6.1. Pro-Spect’s liability to the Customer in respect of any claim or loss (whether in contract, negligence, or otherwise) arising in connection with the supply of the Services or any matter arising therefrom shall be limited to the amount actually paid by the Customer to Pro-Spect.
6.2. Pro-Spect shall not be liable to the Customer for any indirect, special, or consequential loss or damage of any nature whatsoever.
7. Governing Law
7.1. These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand.
7.2. Except as otherwise agreed in writing, any disputes arising in connection with the provision of the Services shall be resolved through mediation or arbitration, as stipulated in NZS8510.
8. Miscellaneous
8.1. Pro-Spect will use appropriate care and skill to choose appropriate sample sites when performing all Services. It should be noted that a cotton gauze swab, soaked in methanol, is wiped across the surface within a 10cm x 10cm template and sometimes the methanol can cause minor discoloration of the sampled surface under certain lighting conditions. The Customer accepts this as part of the Services and that Pro-Spect shall not be liable for any damage to sample sites caused by any Services whatsoever.
8.2. Pro-Spect shall not be responsible for any adverse effects resulting from testing or exposure to methamphetamine or related chemicals.
8.3 The Customer agrees that a sample in every high-use area of a property must be taken to achieve NZS8510 complaint screening. If the amount of sample sites needs to be increased from what was agreed, Pro-Spect will take the extra samples on-site and notify you of the change in fees. If the Customer does not approve of the extra sample or samples and associated fees, then Pro-Spect will discard the extra samples and the Customer agrees that the Services will not be compliant with NZS8510.
8.4 In the event that the provision of Services is obstructed or interfered with by a tenant occupying the premises, the Customer acknowledges and agrees that Pro-Spect retains the right to terminate the Service and charge the full cost of the Service to the client, irrespective of whether the service was completed or not.
8.4 Pro-Spect reserves the right to amend or modify the terms and conditions of this agreement at any time, without prior notice, to accommodate evolving business needs, regulatory requirements, or for other legitimate reasons.
9. Force Majeure
9.1. Pro-Spect shall not be responsible or liable for any failure or delay in the performance of its obligations under these Terms and Conditions during any period in which such performance is delayed or rendered impracticable due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, fire, flood, earthquake, terrorism, war, riots, or industrial action.
9.2. If any such event occurs, Pro-Spect shall notify the Customer in writing as soon as practicable and shall make all reasonable efforts to resume the performance of its obligations as soon as practicable.
10. Cancellation
If you or a tenant cancel the inspection with less than 24 hours’ notice for any reason whatsoever you agree, in consideration for us arranging a time for the inspection and other administrative costs, to pay us a cancellation fee of $120 including GST, provided however that if we have received at least twenty-four hours’ (one full working day) written notice of cancellation no fee will be payable.
By ordering the Services from Pro-Spect, the Customer shall be deemed to have accepted these Terms and Conditions.