TERMS AND CONDITIONS OF TRADE

SC Environmental

Last updated: [July 2025]

1. Application

These Terms and Conditions apply to all services supplied by SC Environmental (“the Company”). These Terms prevail over any terms proposed by the Client unless expressly agreed in writing and signed by a Director of the Company. No amendment or variation to these Terms is binding unless confirmed in writing by a Director of the Company.

2. Acceptance

The Client is deemed to have accepted these Terms upon the earliest of acceptance of a quotation, issuance of a purchase order, email confirmation, text confirmation, verbal instruction to proceed, provision of Site access, allowing work to commence, or reliance upon any report or document produced by the Company. Acceptance of services constitutes full and binding acceptance of these Terms whether or not they are signed by the Client.

3. Quotations

All quotations are valid for 30 days unless otherwise stated in writing. Quotations are based strictly on information provided by the Client at the time of pricing. If actual Site conditions differ from those described or reasonably inferred, the Company reserves the right to amend the scope of work and adjust pricing accordingly. All prices are exclusive of GST unless expressly stated otherwise.

4. Scope of Services and Variations

The Services are limited strictly to the scope described in the written quotation or agreement. Any additional work required due to the discovery of additional hazardous materials, concealed or inaccessible areas, inaccurate or incomplete information supplied by the Client, regulatory direction, or Client instruction constitutes a Variation. Verbal consent, including telephone discussions or on-site instructions, to proceed with additional or varied work constitutes acceptance of that Variation and agreement to the associated adjustment in price. Where it is not reasonably practicable to provide advance pricing for a Variation, the work shall be charged on a time and materials basis at the Company’s prevailing rates.

5. Asbestos and Hazardous Materials Limitations

All asbestos and hazardous materials inspections and surveys are conducted on a representative sampling basis only unless full intrusive or destructive inspection is expressly agreed in writing. The Client acknowledges that concealed materials may exist beyond accessible or visible areas and that no warranty or guarantee is given that all hazardous materials will be identified. Findings and conclusions reflect Site conditions only at the time of inspection. The Company shall not be liable for undiscovered materials located outside sampled areas, future disturbance of materials not identified, pre-existing contamination, or regulatory changes occurring after the issue of a report. The Company provides professional opinion based solely on access and information available at the time of engagement.

6. Risk Allocation

The Client warrants that all known hazards, risks, and relevant Site information have been fully disclosed prior to commencement of Services. The Client remains solely responsible for ongoing Site management, occupant safety, compliance with statutory obligations, and implementation of any recommendations contained in the Company’s reports. The Company is not responsible for remediation unless separately contracted in writing. The Client indemnifies and holds harmless the Company, its directors, employees, and contractors from and against all claims, losses, penalties, damages, liabilities, and costs arising from failure to implement recommendations, continued exposure following reporting, third-party interference, inaccurate or incomplete information supplied by the Client, or conditions outside the Company’s reasonable control.

7. Payment

Payment is due within 7 days of invoice unless otherwise agreed in writing. Interest accrues on overdue amounts at the rate of 2 percent per month calculated daily until payment is made in full. The Client is liable for all recovery costs, including legal fees on a solicitor-client basis and collection agency fees. The Company may suspend Services, withhold reports, certifications, or documentation, and cancel future bookings until all outstanding amounts are paid in full.

8. Retention of Title

Ownership of any goods or materials supplied by the Company remains with the Company until full payment has been received. Until payment is made, the Client holds such goods as fiduciary bailee. The Company may enter the Site or any premises where unpaid goods are located to recover them where legally permitted.

9. Limitation of Liability

To the maximum extent permitted by law, the Company’s total aggregate liability arising out of or in connection with the Services, whether in contract, tort, equity, or otherwise, is limited to the lesser of the total fees paid for the Services giving rise to the claim or the amount recoverable under the Company’s professional indemnity insurance policy. The Company is not liable for indirect loss, consequential loss, loss of profit, loss of opportunity, business interruption, diminution in property value, or remediation costs beyond the agreed scope of Services. Liability is limited to one claim per engagement and no proceedings may be commenced more than 24 months after the date of the relevant report.

10. Third-Party Reliance

Reports and documentation are prepared solely for the named Client and for the specific purpose stated. No third party may rely upon any report or document without prior written consent of the Company. The Client indemnifies the Company against any claim arising from unauthorised third-party reliance.

11. Personal Guarantee

Where the Client is a company, trust, or other entity, the director, shareholder, trustee, or person instructing the Services personally guarantees payment of all monies owing to the Company. Such liability is joint and several and constitutes a continuing guarantee covering all present and future transactions.

12. Consumer Guarantees Act

If the Services are supplied for business purposes, the parties agree that pursuant to section 43 of the Consumer Guarantees Act 1993, the provisions of that Act do not apply. Where the Client is a consumer, nothing in these Terms limits rights that cannot lawfully be excluded.

13. Site Safety

The Client must provide safe and lawful access to the Site in compliance with the Health and Safety at Work Act 2015. The Company may immediately cease work if unsafe conditions are identified. The Client indemnifies the Company against any Site-related safety claims not caused by the Company’s negligence.

14. No Duty to Update

The Company has no obligation to update any report after its issue unless separately engaged in writing to do so.

15. Force Majeure

The Company is not liable for delay, suspension, or failure to perform due to events beyond its reasonable control.

16. Dispute Resolution

The parties must first attempt to resolve any dispute in good faith. If unresolved, the dispute shall be referred to mediation in Christchurch before any court proceedings are commenced. The courts of New Zealand have exclusive jurisdiction.

17. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior representations, discussions, or agreements.