Terms & Conditions

Methamphetamine Testing Services NZ Limited (2022)
Latest Version (24-03-1.3)

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​DEFINITIONS

Agreement means these terms and conditions, together with the Letter of Engagement.
Contamination Standard means the New Zealand Standard for Testing and Decontamination of Methamphetamine Contaminated Properties 8510:2017.
Contamination Testing Services means the non-invasive methamphetamine contamination testing of the Property and the provision of a subsequent Report for the purpose of supporting a decision-making process about whether decontamination of the Property is required. 
Fee means the fee for the Services as specified in the Letter of Engagement.
Inspector means Gregory Tumai Brown, or any other person as determined by Us. 
Letter of Engagement means the letter outlining the scope of the Services.
Property means the property specified in the Letter of Engagement.
Reasonable Access means safe unobstructed access to the Property by the Inspector.
Report means the written report in respect of the Property provided as part of the Services. Where any Report includes an inspection summary, such summary must be read in conjunction with the Report in its entirety.
Services means the Contamination Testing Services to be provided as specified in the Letter of Engagement.
You, means the client named in the Letter of Engagement.
We, Us and Our means Methamphetamine Testing Services NZ Limited.

SERVICES
We agree to provide you with the Services on the terms and conditions of this Agreement.
Except to the extent expressly modified by this Agreement, any Contamination Testing Services are in accordance with the NZ Contamination Standard.

ACCESS AND INFORMATION
You agree to arrange and/or facilitate for the Inspector to have Reasonable Access to the Property and to provide any information we have requested from you to enable us to perform the Services. 

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PAYMENT 
You agree to pay the Fee along with any applicable GST specified in the Letter of Engagement to Us, and any additional Fees agreed between Us following Our Letter of Engagement by bank deposit to MTSNZ Ltd’s ASB business account number 12-3134-0110823-00  within 14 days of notification of the completed report. Note: Prices are subject to change. Notification will be provided for any changes.

A call-out fee will be added for any meth test sampling requiring urgent attendance on a public holiday.

Urgent requests incur an additional fee based on a per tube basis to cover the Laboratory costs charged to MTSNZ Ltd for Urgent processing (Same day lab processing if submitted before 9AM).
 

If You fail to pay any money owing by the due date, in our sole discretion we may charge interest on all overdue accounts at a rate of 1.5% per month calculated daily until it is received in full. Any payments received will be applied firstly against any costs and expenses, then against interest and finally against any outstanding Fee.

You agree to reimburse us for any costs or expenses incurred in the recovery of an overdue debt, including legal fees on a solicitor client basis and we may refuse to provide any further Services.

RE-SCHEDULE
You may request that the Services be re-scheduled to an alternative date, any rescheduled appointment will only take effect if We agree, if We do not agree then the original date shall apply. Such request must be made to Us in writing (e.g. phone text; email) at least 48 hours prior to the Inspection. We provide no guarantee that We will be able to provide the Services on the date requested by You. 

CANCELLATION 
Either party may cancel this Agreement for any reason by providing 7 days written notice to the other party. 

ACKNOWLEDGEMENTS IN RELATION TO SERVICES
You acknowledge and agree that the scope of the Services is limited to that specified in the Letter of Engagement. 

In relation to any Contamination Testing Services, You acknowledge and agree that:
Testing is limited to the identification of the presence of methamphetamine in high use areas, being areas that are easily accessible and regularly used by residents of the Property and identified in the Report.

The Inspector will take samples and supply these to Our independent laboratory service provider. Up to five individual wipes are to be taken from 100mm2 areas in accordance with the NIOSH 9111 technique as provided for in the NZ Contamination Standard.

The results obtained using the NIOSH 9111 method represent a sum or accumulation of methamphetamine.

LIMITATIONS IN RELATION TO REPORT
Statements and recommendations contained in a Report regarding the Property are the opinion of the Inspector and subject to the limitations and restrictions set out in this Agreement. They are not necessarily conclusive and are relied on at Your own risk.

In relation to any reporting on matters covered in the Contamination Testing Services you acknowledge and agree that: the Report does not include any result from any testing or investigation in respect of:

• the presence of any volatile organic compounds of the indoor or outdoor air.

• the presence of any contaminants in any soil on the Property or any water sources.

• the pH levels of any water source; or

• the presence or absence of any asbestos, formaldehyde, toxic moulds or heavy metals including (without limitation) any lead or mercury.

• the presence of methamphetamine contamination may be concealed by recent redecoration and/or the cleaning of surfaces. Unless indicated otherwise, the Inspector will not swab though paint or other surface coatings.

• any areas that are inaccessible at the time of the testing will not be tested.

• the Report will be subject to any other limitations or conditions placed on the results of testing by our independent laboratory testing service provider; and

• the Report shall not in any way be construed or relied upon by any person as a guarantee, warranty or insurance policy or as a substitute for further detailed testing and assessment for the purpose of the preparation of any remediation plan.

 

WARRANTIES AND LIABILITY
If You are a business or are in trade (Business User), We agree to perform the Services to a professional standard. You agree that to the extent permitted by applicable law:
the implied conditions and warranties set out in the Consumer Guarantees Act 1993 are excluded and sections 9, 12A, 13 and 14(1) of the Fair-Trading Act 1986 are excluded; and
except as expressly set out in these Terms, the Service is provided on an ‘as is’ basis, and all implied terms, conditions and warranties are excluded.  

If You are not a Business User, then You acknowledge that the Consumer Guarantees Act 1993 or Fair-Trading Act 1986 apply and are not affected by this clause 9, including Our limitations of liability set out in this section (Consumer Rights). You may have other rights in addition to Consumer Rights, however such other rights are, to the extent permitted by applicable law, subject to the limitations of liability set out clause 9.3 (Other Rights). 

The following limitations and exclusion of liability apply in respect of Business Users and in respect of any Other Rights You have:

• We will not be liable to You whatsoever for any matter that We have excluded liability for within these Terms and Conditions, any indirect loss, consequential loss, loss of profit, loss of bargain, loss of business opportunity or exemplary damages suffered by either party or any other person, loss arising out of or flowing from any pre-contractual misrepresentation, forecast or breach of these Terms, whether contemplated by this Agreement or not, and whether actionable in contract, tort (including negligence), equity or otherwise.

• If notwithstanding clause 9.3.1, We are found liable to You or any third party for any loss or damage, however caused (including through negligence), Our maximum liability to You in aggregate will be limited to $1,000.

• If You are a Business User, You agree to indemnify and keep Us indemnified against all loss, damages, costs (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with Your breach of these terms and conditions, whether in tort, contract, equity or otherwise.

 

INTELLECTUAL PROPERTY 
You acknowledge that We own the intellectual property rights in the Report and unless expressly provided for in this Agreement nothing gives you any right, title, or interest in such intellectual property by virtue of your purchase of the Services. You may make copies of the Report for your own personal use, but You may not reproduce, translate, adapt, vary, decompile, modify or disseminate to any third party or do anything to damage or otherwise endanger our intellectual property rights. 

THIRD PARTY DISCLAIMER
The Report, together with any certificate of inspection has been prepared for Your sole use. Any Reports, recommendations, advice or other information provided to You by Us are prepared solely for Your benefit as the person named on the Engagement Letter and shall not be relied on in any way by any third party.

CONFIDENTIALITY
You shall keep information confidential and shall not disclose the same to any third party (with the exception of the owner of the Property or Your real estate agent or solicitor) without the prior written consent of Us. All other information belonging to Us which by its nature is intended to be treated as confidential will be confidential information for the purposes of this Agreement. You must not disclose any such confidential information to any third party without our written consent.

PERSONAL INFORMATION
If You are an individual, You have rights under the Privacy Act 2020 to access personal information We hold and to request the correction of such personal information.

FORCE MAJEURE
No failure or omission by Us to carry out or observe any of the terms of this Agreement will give rise to any claim against Us or be deemed a breach of this Agreement, if such failure or omission arises from any cause reasonably beyond Our control. 

NOTICES
Every notice given under this Agreement will be sufficiently given if posted or successfully transmitted by email to the intended recipient at their (or its) last known address. You will notify Us in writing of any change to Your address details.

DISPUTE RESOLUTION
In the event of any dispute between the parties in relation to this Agreement, the parties shall first seek to resolve such dispute by giving notice in writing to the other party and co-operatively endeavouring to resolve the dispute. If the dispute remains unresolved, the parties will first seek a resolution through the use of mediation or other informal methods of resolution before pursuing resolution through the Courts.

GENERAL
Governing Law: This Agreement is governed by the laws of New Zealand.  
Severability: If any provision of this Agreement is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.
Counterparts: This Agreement may be executed in counterparts (which may be electronic or facsimile copies) and all of which, when taken together constitute the one document.
 

(The complete Terms & Conditions in PDF can be downloaded and sent to you on request)

 

Kind regards, Greg Brown BSc NZDSM, MD MTSNZ Limited.