Terms of Trade

1 CONDITIONS
Any orders placed with Thermascan Ltd are deemed to incorporate these terms of trade which shall prevail over any other document or communication between the parties unless otherwise agreed in writing .Any form of acceptance by us shall be subject to these terms of trade only.

2. APPLICATION FOR CREDIT
We may require you to complete our credit application form or personal guarantee, if requested, before the supply of goods or services by us to you.

3. AUTHORISATION
An instruction from you, your agents or employees in written or verbal form to proceed with any works shall constitute a binding instruction to proceed with the instructed works and shall mean you have accepted a quotation or budget estimate we have given for the work, and these terms of trade, and undertake to pay us for the work in accordance with these terms.

4. QUOTATIONS
Quotations will be prepared from the information in our possession. When further information is given after the date of our quotation, we reserve the right to re-estimate our price and delivery. Quotations unless previously withdrawn shall be valid for a period not exceeding 21 days from the date. No orders shall be deemed accepted unless the seller's written acknowledgement and acceptance thereof has been dispatched.

5. PAYMENT TERMS
All commercial accounts and invoices are payable by or on the 20th day of the month following the date of the invoice without deduction or off set, unless previous agreement made by the seller before supply of any goods/services.

6. PAYMENT DELAY OR DEFAULT
6.1 In the event of delay or default in payment all charges from us to you shall be payable on demand. 6.2 We reserve the right to charge a late payment interest charge equal to, the prevailing overdraft rate, set by ANZ Bank, per month on any overdue accounts. 6.3 If the account is not paid within 30 days after the due date, our debt recovery agent may charge you a fee equal to 25% of the unpaid portion of the account, but not less than $25.00. If there are legal and other costs arising from recovery of any amount owing that exceeds the debt recovery fee charged, our agent is also entitled to recover such additional costs from you thus you shall be liable for all costs incurred by us in the recovery of your debts to us including solicitor's fees and/or debt collection agency fees.

7. DISPUTES
7.1 No claim or dispute relating to Products, Goods and Services shall be considered unless made within a reasonable time after delivery.
7.2 Any errors or dispute of the invoice value must be bought to our notice before payment due date of our invoice. Failure to do so shall require you to make payment in full on the due date.

8. CANCELLATION OR SUSPENSION
Orders accepted by us can be cancelled or suspended only with our written consent and you will be liable for all expenditure incurred and on terms, , which indemnify us against all loss, including loss of contribution for under utilised capacity.

9. NO TRANSFER OF ORDERS
Our liability is restricted solely to the customer from whom we accept an order.

10. FORCE MAJEURE
We shall not be liable for any failure to fulfill obligations under this contract if such failure is attributable to force majeure.

11. TRANSFER OF TITLE IN GOODS
The property in the goods/services shall not pass to the buyer but shall remain vested in the seller either:- (a) Until all sums owing to the seller on whatsoever grounds shall have been paid. Or (b) Until at the option of the seller the seller by notice in writing sent to the buyer at his last known address shall pass the property in the goods/services to the buyer. We may reserve the right to register a debt for any goods in accordance with Personal Property Securities Register requirements

12. LAW
These terms and all other express conditions of the contract shall be governed in accordance with the laws of New Zealand.

13. HEALTH & SAFETY
13.1 You shall be asked by our representative about any health or safety issues relating to your site. It is your responsibility at the time of arrival of our staff to inform them.
13.2 We reserve the right to withdraw our staff from your site at any time for breaches of or our concerns regarding health and safety on the site.

14. CONFIDENTIALITY AND USE OF INFORMATION
You agree that we may obtain information about you from you or any other person in the course of our business with you, including credit assessment and debt collection.

15. MISCELLANEOUS
If any provision herein is held to be invalid, illegal or unenforceable the validity and enforcement of the remaining provisions shall not in any way be affected or impaired.

16 CARRAIGE, POST & PACKING
Carriage, Post and Packing is recharged at cost.

17. DUTIES & TAXES
Where applicable, any duties or taxes will be added to the cost of sales at the prevailing rate.

18. DISCLAIMER

18.1. By employing Thermascan to supply Goods/Services, the customer accepts our Terms of Trade as published on our website found at www.thermascan.co.nz or available on request.

18.2. Thermascan and its employees shall not be liable to any customer, customer's agents or employees or any other person for any direct, indirect, incidental or consequential damage or loss of any nature howsoever caused (whether based on tort (including negligence), contract or otherwise) including, but not limited to, loss of profits, loss of sales opportunity, damage to equipment or property (including any costs or loss relating to any invasive inspection) or any other claim whatsoever arising directly or indirectly or in any way attributable to the performance or non-performance of our services or other obligations.

18.3. Due to constantly changing conditions outside our control, any surveys/reports, written or verbal, are only relevant at the time of inspection. Any liability of Thermascan in connection with any report issued by it, is limited to the customer to whom the report is addressed, and Thermascan disclaims any responsibility and accepts no liability to any other party for any such report

18.4. If, for any reason, Thermascan are found liable to the customer or any other person in connection with this Report and/or the performance or non-performance of our services and we are unable to rely on the exclusions of liability set out in these terms of trade, our liability shall in all cases be limited to the price paid or payable by the customer for such Report or services

18.5. In conducting our inspection, the Customer acknowledges and agrees that we will not be required to:
(a). Enter any area or perform any procedure that may damage any part of buildings or equipment or be dangerous to any of our employees, contractors or any other person;
(b). Disturb or move any insulation, panels, furniture, personal items, equipment, vegetation or other items or materials that obstruct access or visibility to the thermal inspection or moisture meter data capture.
(c). Operate any equipment, utility, component or system that is shut down, inoperable or that does not respond to normal operating controls.

19. BUILDING INSPECTIONS

19.1. The Report is a thermal-imaging/moisture report prepared following an above ground infrared/moisture inspection of only the interior areas of the building that we have been instructed to inspect ("the Imaged Area"). For the sake of clarity, we will not inspect and the Imaged Area will not include:
(a). The external cladding, external building envelope, exterior structures or roofing of any building;
(b). Any interior area where we do not have direct access or a clear line of sight including, without limitation, any areas covered by furniture or structures such as cupboards, and any area that cannot be reached with a hand-held moisture meter without the use of props; and
(c). Areas that were not accessible at the time of our investigation.

19.2. A non-invasive moisture reading is not a conclusive indication that moisture is present. In some cases, a non-invasive capacitance moisture meter may be affected by hidden metals or chemical preservatives. Weather conditions could also affect the outcome of readings taken.

19.3. A thermal imaging camera can not see through walls, nor does it directly detect moisture. The infrared camera detects infrared radiation (Heat). However the presence of moisture will usually create a variance in heat signature which the Infrared camera can usually detect, but this can only be interpreted as an indication of moisture presence, needing confirmation, normally using non-invasive capacitance moisture meter, and then ultimately by invasive methods. All thermal anomalies and moisture meter readings that are outside standard parameters are subject to further invasive inspection to confirm if moisture is present, source of leak and structural integrity of the area. Invasive inspections are by election of the customer.

20. BUILDING REPORT

20.1. Identifies potential thermal temperature and/or moisture anomalies within the Imaged Area at the time of our inspection only, is useful in detecting potential leaks, moisture and heat loss (the "Defects") and provides an opinion on the presence or absence of the Defects in the Imaged Area; and

20.2. Is a preliminary non-invasive investigation for potential Defects which, if any potential Defect is detected, may be followed up at the election of the customer with further invasive or non-invasive investigations. A non–invasive moisture reading is not a conclusive indication that moisture is present. In some cases, a non-invasive capacitance moisture meter may be affected by hidden metals or chemical preservatives.

20.3. The invasive and/or non-invasive moisture meter will only read moisture content up to 25mm into the timber frame, therefore some moisture in the timber could be missed if not within the vicinity of 25mm of the interior walls. Both invasive and non-invasive testing does not detect dry rot. Weather conditions could also affect the outcome of readings taken. Our reports do not determine if a home is or is not a 'leaky home' and is not a 'weather-tightness' report, as invasive testing would need to be carried through the exterior cladding into the timber framework to get conclusive results.

20.4. Is not a structural survey and, in conducting our inspection, we do not uncover, dismantle or undertake any internal inspection of the building;

21. MECHANICAL AND ELECTRICAL INSPECTIONS

21.1. Onsite inspections are to be carried out in conjunction with qualified electrical personnel for removing switchboard covers, taking measurements and providing background information on the electrical systems.

21.2. All electrical and mechanical inspections are carried out with the client providing access to equipment whilst under normal operational loadings. If loadings are changed or increased for any reason, then further inspections should be conducted.

22. MECHANICAL AND ELECTRICAL REPORT

22.1. The intention of this report is to highlight temperature anomalies and exceptions that may indicate the possible deterioration or imminent failure of a component or system.

22.2. It should not be read as a guarantee against failure, nor should it be taken as a quantitative measure of deterioration or malfunction.

22.3 Any report should be read as only as an indication that an anomaly may exist, which may or may not lead to deterioration or failure.

22.4. It is the responsibility of the person(s) who commissioned the report to further investigate the diagnosis and determine any corrective measures to be taken.

22.5. Thermascan Limited is not responsible for determining fault diagnosis or corrective action required, and as such, it is recommended that all faults be fully investigated by qualified personnel.

WEBSITE DISCLAIMER

This website disclaimer

This website disclaimer is based on a Freenetlaw template supplied by Website Contracts.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. [Thermascan Ltd] makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Thermascan Ltd does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Thermascan Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Thermascan Ltd has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Thermascan Ltd liability in respect of any:

• death or personal injury caused by Thermascan Ltd negligence;
• fraud or fraudulent misrepresentation on the part of Thermascan Ltd; or
• matter which it would be illegal or unlawful for Thermascan Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Thermascan Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Thermascan Ltd officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Thermascan Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Thermascan Ltd.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.