Terms & Conditions

Copyright and Trademarks

The information contained within this site (including site design, text, graphics, icons, images and logos) are the copyright of Contaminated Site Solutions Limited.

The Services and the content of this website are protected by Copyright, trademark and other intellectual property rights, as applicable and are provided solely for your own use. Republication or redistribution of any of the content available on this website by any means is prohibited.

Privacy

Your personal information is important to us. Contaminated Site Solutions Limited recognises that your privacy is very important to you as such your information will not be given or sold to any outside organisation for marketing purposes without your consent.

Disclaimer

Your use of the information and data contained on this web site is at your sole risk. Any information and data is provided on an “as is” basis without warranty of any kind. In no event shall Contaminated Site Solutions Limited and/or its authorised agents be liable for any loss or damage arising out of the use of any of the information supplied herein, whether such loss or damage arises directly or indirectly from the said information even Contaminated Site Solutions Limited or an authorised agent has been advised of the possibility of such damages or losses. Links to Third Party Websites.

This site may contain hyperlinks to websites operated by third parties, which are not under the control of Contaminated Site Solutions Limited, as such we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. These hyperlinks are provided to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Contaminated Site Solutions Limited. You link to any such website entirely at your own risk.

General

We may modify these terms and conditions and change any content of this website at any time. These terms and conditions are governed by and will be interpreted in accordance with the law of New Zealand and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the Courts of New Zealand.

Full Terms and Conditions of Trade

1. Definitions

1.1 “CSS” shall mean Contaminated Site Solutions Limited.

1.2 “CSS Service Order” shall mean the form provided by CSS to the Customer to record the engagement of CSS by the Customer to supply the Services and includes the plan of scheduled services, works or specifications.

1.3 “Customer” shall mean the party recorded on the CSS Service Order Form or any person acting on behalf of and with the authority of the Customer including any Insurer or related party.

1.4 “Guarantor” means that person (or persons), or entity that agrees to guarantee to CSS the Customers compliance with the Customers obligations in connection with this agreement under clause 8 herein.

1.5 “Goods” shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and are goods supplied by CSS to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined).

1.6 “Interest” shall mean the annual rate of interest that the bankers of CSS charge CSS in relation to its commercial overdraft facility plus 5%.

1.7 “Scope of Works (SOW)” shall mean the description of the specific tasks to be undertaken in order to meet the decontamination objective.

1.8 “Services” shall mean all services supplied by CSS to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).

1.9 “Meth Standard” the New Zealand Standard 8510:2017 Testing and decontamination of methamphetamine contaminated properties sets the acceptable level for methamphetamine contamination as 1.5 μg/100cm2 for high use areas and 3.8 μg/100cm2 for limited use areas.

1.10 “Price” shall mean the cost of the goods as agreed between CSS and the Customer subject to clause 4 of this contract.

2. Acceptance

2.1 Any instructions received by CSS from the Customer for the supply of Goods and Services shall constitute acceptance of the terms and conditions contained herein and which are also found on-line.

2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of CSS.

2.4 None of CSS’s agents or representatives or subcontractors are authorized to make any representations, statements, conditions or agreements not expressed by the manager of CSS in writing nor is CSS bound by any such unauthorised statements.

3. Standard of the Services CSS shall perform the Services in a proper and workmanlike manner and to a standard generally upheld by the New Zealand Institute of Environmental Health of which it is a member.

3.1 CSS has achieved international certification AS/NZS4801:2001 and BS OHSAS 18001:2007.

3.2 All lead remediation is carried out in accordance with AS/NZS 4361.2:2017. 3.3 All methamphetamine decontamination is carried out according to the New Zealand Standard 8510:2017 Testing and decontamination of methamphetamine contaminated properties.

3.4 Service in relation to methamphetamine decontamination- (a) If the first re-test proves the decontamination process is working successfully, with a reduction in contamination levels, but the levels remain slightly above the Standard ie. reading 0.1 or 0.2 above 1.5 μg/100cm2 CSS will re-decontaminate the affected areas at no additional cost with the view to meeting the New Zealand Standard or below. (b) Any subsequent visits that may be required will be on a charge up basis.

3.5 Service in relation to asbestos removal- (a) All asbestos removal work is carried out in accordance with the Health and Safety at Work (Asbestos) Regulations 2016.

4. Sub-contractors

4.1 CSS may utilize sub-contractors to complete the Services without needing to obtain the consent of the Customer.

5. Qualification/Disclaimer

5.1 Scope of Works is based on surfaces/structures indicated and/or areas which are recorded by the relevant testing laboratory.

6. Goods / Services

6.1 The Goods and/or Services are as described on the CSS Service Order, invoices, quotation, estimate, work authorization or any other work commencement forms as provided by CSS to the Customer.

7. Price and Payment

7.1 At CSSs sole discretion: (a) The Price shall be as indicated on invoices provided by CSS to the Customer in respect of Goods and/or Services supplied; or (b) The Price of the Goods shall, subject to clause

7.2, be CSS’s quoted Price, which shall be binding upon CSS provided that the Customer shall accept in writing CSS’s quotation within thirty (30) days.

(i) The price can be fixed or at CSS’s sole discretion can be varied – for instance, because of changes in the cost of inputs to the goods or services supplied.

(ii) The price is exclusive of GST-New Zealand Goods and Services Tax of currently 15% and exclusive of any other taxes or duties. GST and any other taxes or duties are to be added to the Price.

(iii) The price may be either a firm quote or only an estimate as clearly indicated by CSS.

7.2 Any variation from the plan of scheduled works or specifications (whether by request of the Customer or incurred by the actual circumstances) will be charged for on the basis of CSS’s quotation and will be shown as extras on the invoice. Payment for all extras must be made in full at their time of completion.

7.3 Time for payment for the Goods and/or Services shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated, then payment shall be on delivery of the Goods and/or Services.

7.4 All goods remain the property of CSS until paid in full.

7.5 At CSS’s sole discretion, a progress payment of 50% for “preliminary work” and/or “ongoing work” shall be made in accordance with CSS’s delivery schedule.

7.6 At CSS’s sole discretion, payment for approved Customers shall be due on 20th each month following the posting of a statement to the Customer’s address or address for notices.

7.7 At CSS’s sole discretion, for certain approved Customers payment will be due seven (7) days following the date of the invoice.

7.8 If the Customer fails to pay an Invoice in the time period specified in either clause 7.5 or 7.6, CSS may- (a) charge Interest on the unpaid amount of the Invoice from the expiry of the time period specified in clause 7.5 or 7.6 (whichever is applicable); and/or (b) engage a debt collection agent and add the costs of that agent to the unpaid amount of the Invoice.

7.9 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and CSS.

7.10 The Price shall be increased by the amount of any GST and other taxes and duties, which may be applicable, except to the extent that such taxes are expressly included in any quotation given by CSS.

8. Guarantee

8.1 The Guarantor acknowledges that CSS is acting in reliance on the Guarantor incurring obligations and giving rights under this guarantee.

8.2 The Guarantor unconditionally and irrevocably guarantees to CSS the Customer’s compliance with the Customers obligations in connection with this agreement including each obligation to pay money. If the Customer does not comply with these obligations on time and in accordance with this agreement with CSS, then the Guarantor agrees to comply with those obligations on demand from CSS. A demand may be made whether or not CSS has made demand on the Customer.

9. Delivery of Goods and Services

9.1 Delivery of the Goods and Services shall be made to the address advised by the Customer.

9.2 The Customer shall make all arrangements necessary to provide access for the Goods and/or Services on the date agreed to.

9.3 The failure of CSS to deliver shall not entitle either party to treat this contract as repudiated.

9.4 CSS shall not be liable for any loss or damage whatsoever due to failure by CSS to deliver the Goods (or any of them) or Services promptly or at all.

10. Disputes

10.1 If a genuine dispute arises between the parties as to: (a) Construction of this agreement; or (b) The rights or obligations of a party under this agreement; or (c) Any other matter arising out of or relating to this agreement, the party may issue a notice of dispute in writing to the other party (“Dispute Notice”) and the parties undertake in good faith to use all reasonable endeavours to settle this dispute within 28 days of the date of the Dispute Notice.

10.2 If the dispute has not been satisfactorily resolved by the date which is 28 days after the date of the Dispute Notice (or such longer date as agreed in writing between the parties), the parties may issue a notice to the other party within 14 days requiring that the matter, the subject of the dispute, be referred to an expert for resolution in accordance with clause 10.3 to 10.7.

10.3 The following procedures apply to the appointment of an expert for the purposes of any dispute resolution proceedings under clause 10.1: (a) The parties agree to appoint an expert having the requisite skill, expertise and professional standing taking into account the subject matter and nature of the dispute: (b) The parties agree to make the appointment within seven days after the receipt of the notification referred to in clause 10.2; and (c) If the parties do not agree on the expert to be appointed within the period referred to in clause 10.3(b) the party seeking Expert Dispute Resolution may request that the Chairperson of the New Zealand Institute of Environmental Health select the expert and the appointment will be made within seven days after the selection.

10.4 The expert will act as an independent expert and not as an arbitrator.

10.5 The parties agree to request the expert to make the determination as soon as practicable but in any event within one month after the dispute was submitted to the expert.

10.6 Subject to clause 10.5, until the expert hands down a determination the parties are obliged to fulfil their obligations (except those subject to the proceedings) under this agreement.

10.7 The decision of the expert under this clause is final and binding upon the parties to the dispute.

10.8 A party may not commence legal proceedings (except for urgent interim or interlocutory relief), in respect of the dispute under this agreement unless the parties comply with the procedures set out in this clause.

10.9 The parties agree to bear equally the costs of the expert in connection with the Dispute Resolution proceedings under this clause 10.

11. Cancellation

11.1 CSS may cancel these terms and conditions or cancel delivery of Goods and/or Services at any time before the Goods are delivered and/or Services are provided, by giving written notice. CSS shall not be liable for any loss or damage whatsoever arising from such cancellation.

11.2 At CSSs sole discretion the Customer may cancel delivery of Goods and/or Services. In the event that the Customer cancels delivery of Goods and/or Services the Customer shall be liable for any costs incurred by CSS up to the time of cancellation.

12. Customers Disclaimer

12.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of CSS and the Customer acknowledges that the Customer buys the Goods and/or Services relying solely upon the Customer’s own skill and judgment and that CSS shall

13. Consumer Guarantees Act 1993

13.1 This agreement is subject, in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.

14. General

14.1 A provision of this agreement or a right created under it may not be waived or varied except in writing, and signed by the party or parties to be bound.

14.2 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.

14.3 If any of these terms and conditions shall be inconsistent or conflict with the CSS Service Order, the CSS Service Order shall prevail.

14.4 All Goods and/or Services supplied by CSS are subject to the laws of New Zealand and CSS takes no responsibility for changes in the law that affect the Goods and/or Services supplied.

14.5 CSS shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by CSS of these terms and conditions.

14.6 In the event of any breach of this contract by CSS the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of CSS exceed the Price of the Goods.

14.7 Neither party shall be liable for any default due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of either party.

14.8 The Customer shall not set off against the Price amounts due from CSS.


14.9 CSS may license or sub-contract all or any part of its rights and obligations without needing to obtain the Customer’s consent.

14.10 CSS reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which CSS notifies the Customer of such change.