TERMS AND CONDITIONS

Meth Xpert NZ Ltd and I agree and acknowledge the following:
 
I engage Meth Xpert NZ Ltd to undertake a Methamphetamine test. I agree to the following Terms of Engagement that apply in respect to all work carried out by Meth Xpert NZ Ltd, in regards to property sampling and/or assessment for Methamphetamine contamination on the following terms and conditions.

Meth Xpert NZ Ltd and I agree and acknowledge the following:
1. The provision of any services or the issue of a report by Meth Xpert NZ Ltd does not imply approval by them of any particular purpose, and I will make no statement, advertise or imply any form of approval by Meth Xpert NZ Ltd.

2. Meth Xpert NZ Ltd will exercise reasonable skill, care and diligence in the performance of its methamphetamine sampling and/or assessment and the preparation of the report. 

3. It is acknowledged that a deliberate effort to remove or mask the evidence of methamphetamine contamination to any part or parts of the property may result in a lower reading or even no evidence of contamination being identified. Meth Xpert NZ Ltd will use their professional judgment to test and sample surfaces that are most likely to yield a positive result if methamphetamine is present.   
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4. It is agreed that Meth Xpert NZ Ltd has no responsibility and I indemnify them from liability for costs, loss or damage arising from:

4.1  Any errors or omissions from data, documents, etc, not prepared by Meth Xpert NZ Ltd employees or other persons under the direct control of Meth Xpert NZ Ltd.
4.2 Any act or omission or lack of performance or any negligent or fraudulent act or omission by me or any other consultant, contractor or supplier to me or any employee or agent of mine, other consultant, contractor or supplier.
4.3 Inaccurate test readings where there has been a deliberate effort to remove or mask the evidence of methamphetamine contamination to any part or parts of the property as referred to in (3). 
4.4 Any physical damage to any property, items, chattels, (or anything else contrived as a possession that can be damaged) that occurs during sampling and/or assessment. 

​5. It is agreed that it is the responsibility of the purchaser or the purchaser’s agents to notify the vendor that the sampling and/or assessment is to be conducted by Meth Xpert NZ Ltd.

6. I agree to pay Meth Xpert NZ Ltd their fee in full within seven days of receiving the invoice. Overdue accounts will automatically be charged a $50 administration fee. Overdue accounts in excess of 30 days will start to incur interest charges and debt collection fees which I am liable to pay.

7.  That the laws of New Zealand shall govern the rights and obligations of each of us in relation to the Agreement

8.  Nothing in this Agreement shall be construed as limiting the ability of Meth Xpert NZ Ltd to offer the same or similar services to any other person or organization.    

9.  I indemnify Meth Xpert NZ Ltd against any liability or costs incurred by Meth Xpert NZ Ltd as a result of any breach of this Agreement by me.

10. The terms and conditions of this agreement are to be read in conjunction with any conditions, assumptions or limitations contained in the report or other written advice prepared by Meth Xpert NZ Ltd, and specifically in conjunction with the section of the report headed “Limitations of report” & “Context for considering these results”.

11. The maximum amount payable by Meth Xpert NZ Ltd as a result of any claims or proceedings arising out of work undertaken under this engagement shall be limited to no more than the amount invoiced (or quoted, where greater). This limit shall apply notwithstanding any other rights or obligations that may arise. The maximum applies to the agreement of any and all claims including costs.

12. The contents of any written report or other work prepared by Meth Xpert NZ Ltd is confidential and has been prepared solely for me and not for the use of any third party. Meth Xpert NZ Ltd accepts no responsibility for anything done or not done by any third party in reliance, whether wholly or partially, on any of the contents of Meth Xpert NZ Ltd advice. Further to this I understand that due to associated health risks to occupants or potential occupants, Meth Xpert NZ has a statutory obligation under the Health Act 1956 and a duty of care and reserve the right to notify other parties of any positive results. 
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13. I shall not make a claim against any individual employee or employees of Meth Xpert NZ Ltd for any costs, losses or damages sustained by me arising from the engagement.    
 
Kind Regards
Meth Xpert NZ Ltd
Phone: 0800 746 473
www.methxpert.co.nz

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