The Good Home Group Limited, trading as The Good Home New Zealand

Please read these Terms and Conditions carefully. They set out the legal rights and obligations of The Good Home Group Limited (“we”, “us”, “our”) and our clients (“you”, “your”) in relation to Healthy Homes assessments, methamphetamine testing, property maintenance, and all other goods and services we supply.

1. Definitions and Interpretation

1.1  In these Terms and Conditions, unless the context requires otherwise:

“Agreement” means our contract with you for the supply of Goods and Services incorporating these Terms and Conditions, and any amendments to that contract from time to time;

“Acceptance Email” means the email or other correspondence issued by us confirming an Agreement, detailing the scope of Goods and Services and identifying you as our Client;

“Assessment Report” means any written report, compliance statement, sampling result, certificate, or similar document we provide to you following a Healthy Homes assessment, methamphetamine test, or property inspection;

“Client”, “you” and “your” mean the client under an Agreement as identified in our Acceptance Email, and/or the person purchasing Goods or Services via our Website;

“Contamination Threshold” means the level of methamphetamine contamination adopted as the relevant guidance value under NZS 8510:2018 Testing and Decontamination of Methamphetamine Contaminated Properties (or any successor standard, or such other threshold as may apply under New Zealand law from time to time);

“Decontamination Services” means remediation work carried out to reduce methamphetamine contamination at a property, which for the avoidance of doubt is a separate service from Meth Testing and is only provided where separately agreed and quoted;

“Effective Date” means the date we provide our Acceptance Email to you;

“Force Majeure Event” means an event, or series of related events, outside the reasonable control of the affected party (including power failures, industrial disputes affecting a third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, pandemics, and wars);

“Goods” means goods purchased from us, including without limitation smoke alarms, insulation, ventilation and heating products;

“Healthy Homes Standards” means the standards prescribed under the Residential Tenancies (Healthy Homes Standards) Regulations 2019;

“Laboratory” means an IANZ-accredited (or equivalent) third-party laboratory engaged by us to analyse samples taken during Meth Testing;

“Meth Testing” or “Methamphetamine Testing” means surface sampling and/or laboratory analysis carried out for the purpose of indicating the presence or likely absence of methamphetamine residue at a property, whether described to you as a screening test, composite test, or full diagnostic test;

“No Show Fee” means the amount of $79.00 plus GST payable in accordance with clause 20.2, which may be varied in accordance with clause 14.2;

“Price” means the price payable by you to us in respect of an Agreement, as set out in our Acceptance Email and which may be varied in accordance with clause 14.2;

“Property Owner” means the legal or beneficial owner of the property subject to the Agreement;

“Screening Test” means a preliminary, lower-cost indicative test (such as a composite sample across multiple surfaces) which is designed to give a general indication of contamination risk only, and which is less sensitive and less conclusive than a full diagnostic test of individual, discrete surfaces;

“Term” means the term of an Agreement;

“Website” means our website at www.thegoodhome.nz;

“Working Day” means any weekday other than a bank or public holiday in New Zealand.

1.2  A reference to a statute or statutory provision includes that statute or provision as modified, consolidated or re-enacted from time to time, and any subordinate legislation made under it.

1.3  Clause headings do not affect interpretation.

1.4  “Persons” includes companies, partnerships, limited liability partnerships, unincorporated associations and trusts.

2. Acceptance

2.1  Our receipt of a work order or instruction from you, together with our subsequent Acceptance Email, or your submission of a purchase order, is evidence of your acceptance of these Terms and Conditions and your intention to be bound by them.

2.2  Acceptance under clause 2.1 creates a legally binding contract between you and us regardless that your instructions are given on behalf of the Property Owner as their property manager or agent.

2.3  Once accepted, these Terms and Conditions are irrevocable and may only be varied in accordance with these Terms and Conditions or with our written consent.

2.4  These Terms and Conditions are read together with our Acceptance Email. If there is an inconsistency between the two, this document prevails.

3. Agreement

3.1  Each Agreement comes into force on its Effective Date and continues until completion, unless terminated earlier under clause 23.

4. Goods and Services — General

4.1  We will supply the Goods and Services professionally and to appropriate industry standards. We are not responsible for make-good repairs (for example, ceiling paint touch-up after replacing a smoke detector) unless we have expressly agreed to provide this as part of the Services.

4.2  We may suspend the Goods and Services in the circumstances set out in clause 21 (Suspension of Services), including where you fail to pay any amount due to us by its due date.

4.3  If we are unable to supply the Services due to personnel illness or shortage, we will use reasonable endeavours to engage alternative personnel, and provided we do so, we will not be in breach of the Agreement for any resulting delay.

4.4  If a specified brand of Goods is unavailable due to matters beyond our control (for example, supplier stock shortages), we may substitute a similar or replacement brand of comparable quality at our discretion.

4.5  Where Services include smoke alarm testing and replacement, replacement alarms are provided subject to: (a) a two-year commitment from installation, invoiced annually in advance; and (b) if you terminate within two years or fail to pay an invoice, we may charge the cost of alarms installed plus an early termination administration fee as published on the Website.

5. Smoke Alarm Inspections

5.1  Unless otherwise agreed, smoke alarm inspections are visual inspections. Where reasonably accessible, we will: test alarms; confirm apparent operation at the time of testing; record our observations; and recommend replacement where appropriate.

5.2  We do not warrant: future alarm operation; battery life; product lifespan; future compliance following tenant interference; operation after an electrical failure; or operation following accidental damage.

5.3  You acknowledge that smoke alarms require ongoing testing and maintenance between our visits, and that responsibility for that ongoing testing and maintenance rests with you and/or the Property Owner, as applicable.

6. Compliance Opinions and Validity of Reports

6.1  Any compliance opinion we express relates solely to the condition of the property at the date and time of our inspection. We do not warrant that the property will remain compliant after completion of the inspection.

6.2  Compliance may change after our inspection due to matters including: alterations to the property; deterioration; weather events; tenant actions; maintenance issues; product failure; changes in legislation; updated MBIE guidance; Tenancy Tribunal decisions; and changes in interpretation by regulatory authorities.

6.3  You remain solely responsible for: ensuring ongoing legal compliance; implementing recommended remedial work; maintaining installed products; and arranging future inspections where appropriate. We provide professional advice but do not assume your statutory obligations.

6.4  Unless expressly stated otherwise, a report should be regarded as current only as at the date of inspection. We recommend reassessment where significant time has elapsed since the report, or where alterations, an ownership change, a tenancy change, or a legislation change has occurred.

6.5  You must review a report promptly after receipt. If you believe a report contains an error, omission or discrepancy, you must notify us in writing within 10 Working Days of becoming aware of the issue, providing sufficient detail for us to investigate.

6.6  We will be given a reasonable opportunity to inspect the property, review the report, obtain further information, and correct any genuine error where appropriate. You must not engage another contractor to rectify an alleged defect without first giving us a reasonable opportunity to inspect and respond, except where immediate action is reasonably necessary to address an urgent safety issue or prevent material property damage.

7. Healthy Homes Assessment Services

7.1  Our Healthy Homes assessments are carried out using industry-standard methodology and reasonable care and skill, having regard to the Healthy Homes Standards in force at the time of assessment. An assessment reflects the condition of the property, and our access to it, at the date of assessment only.

7.2  Our assessment is limited to those parts of the property that are reasonably accessible to our assessor on the day of the assessment. We are not responsible for conditions in areas we could not safely or reasonably access (including, without limitation, roof cavities, subfloors, or areas obstructed by tenant belongings, stored goods, or locked rooms).

7.3  Where our assessment or recommendations rely on information, measurements, or documents provided by you, the Property Owner, or a previous assessor (including any prior Healthy Homes report), we are not liable for inaccuracies in that information or for conclusions that flow from it.

7.4  Ground moisture, insulation, and ventilation assessments are carried out using standard testing equipment and visual inspection techniques. These methods are industry-accepted but are not exhaustive; they do not involve invasive testing (such as removing wall linings) unless expressly agreed and quoted for separately.

8. Methamphetamine (Meth) Testing Services

8.1  Meth Testing is carried out in accordance with NZS 8510:2018 (or its then-current equivalent) using industry-standard surface sampling techniques. You acknowledge that Meth Testing is a sampling exercise, not an exhaustive survey, and that no sampling methodology can guarantee detection of all contamination that may be present at a property.

8.2  Where you have selected a Screening Test, you specifically acknowledge and agree that: (a) a Screening Test is less sensitive than a full diagnostic test of individual surfaces; (b) a negative or “pass” result on a Screening Test does not guarantee the property is free of contamination, including localised or discrete contamination that a composite sample may not detect; and (c) you should request a full diagnostic test if you require a more comprehensive result.

8.3  Sample locations are selected by our assessor using a risk-based methodology having regard to likely use patterns at the property. We are not liable for a failure to detect contamination in areas not selected for sampling, or where efforts have been made by any person to clean, mask, renovate over, or otherwise conceal contamination prior to our attendance.

8.4  Samples taken during Meth Testing are analysed by a Laboratory independent of us. We are not liable for any error, delay, or omission in the Laboratory’s analysis, chain of custody, or reporting, except to the extent caused by our own negligence in the collection, labelling, or handling of samples prior to dispatch.

8.5  Our report will state the Contamination Threshold applied. Thresholds referenced in New Zealand guidance (including any distinction between habitable and non-habitable areas, or former clandestine drug-manufacture sites) may change over time; we report against the threshold current at the date of testing and are not responsible for any subsequent change in the applicable threshold or its legal effect.

8.6  Meth Testing results are provided for your general information only and do not constitute legal advice as to your rights or obligations as a landlord, tenant, or property manager under the Residential Tenancies Act 1986 or any other enactment. You should seek your own legal advice regarding any consequences of a test result, including with respect to existing tenancies.

8.7  Decontamination Services are not included in Meth Testing and, where provided, are supplied under a separate Agreement. We give no warranty that any Decontamination Services (whether performed by us or a third party) will result in a subsequent test returning a result below the Contamination Threshold, as this depends on factors including the extent of contamination and the building materials involved.

8.8  You must disclose to us, prior to testing, any information known to you regarding prior methamphetamine use, manufacture, or contamination at the property, and any prior test results. We are not liable for any loss arising from your failure to disclose such information.

9. Property Maintenance and Trade Services

9.1  Property maintenance, handyman, gardening, renovation, and trade services are carried out with reasonable care and skill and, where applicable, in accordance with the New Zealand Building Code and relevant trade standards. Where building consent is required for any work, obtaining that consent is your responsibility unless we have expressly agreed in writing to arrange it on your behalf.

9.2  We are not responsible for pre-existing defects, damage, or non-compliant work at the property that we did not cause, including latent defects not reasonably discoverable during the course of our work.

9.3  If, during the course of maintenance or trade work, we discover a suspected hazardous material (including asbestos, mould, or unsafe electrical or gas installations), we may stop work immediately and will notify you. Any additional cost of testing, safe removal, or remediation of such hazardous material is not included in the Price and will be separately quoted. We are not liable for delay or cost arising from such a discovery.

9.4  You must ensure the property is safe and reasonably accessible for our personnel to carry out the Services, including provision of access to power and water where required, and disclosure of any known hazards (including aggressive animals, unsafe structures, or occupants who may pose a health and safety risk to our personnel).

10. Subcontractors and Direct Engagement of Contractors

10.1  You acknowledge that we may engage suitably qualified contractors or subcontractors (“Contractors”) to perform all or part of the Services. We remain responsible for coordinating the Services but are entitled to determine which personnel perform the work.

10.2  You must not direct a Contractor to undertake additional work outside our written instructions.

10.3  You acknowledge that Contractors introduced by us form part of our business relationships. Any additional work you wish to request from a Contractor relating to the property must be instructed through us, unless we expressly agree otherwise in writing.

10.4  Where you directly engage a Contractor outside our instructions: (a) we accept no responsibility for that work; (b) any warranty we have given immediately ceases in respect of the affected part of the Services; and (c) we are not liable for defects arising from subsequent work undertaken by others.

11. Use and Reliance on Reports

11.1  Any Assessment Report we provide is prepared solely for your use as our Client, for the purpose disclosed to us at the time of instruction, and solely in respect of the property and date specified in the report.

11.2  You must not provide, disclose, or make an Assessment Report available to any third party for that party’s own reliance (including a prospective purchaser, tenant, financier, or insurer) without our prior written consent. Where we do consent to such disclosure, or become aware that an Assessment Report has been relied upon by a third party without our consent, that third party obtains no rights against us and we owe no duty of care to them.

11.3  You indemnify us against any claim brought by a third party arising from that party’s reliance on an Assessment Report, whether or not disclosure was authorised by us, save where we expressly agreed in writing to that party’s reliance.

12. Intellectual Property

12.1  All intellectual property created, developed or supplied by us remains our exclusive property unless expressly agreed otherwise in writing. This includes reports, inspection templates, assessment methodologies, compliance documentation, checklists, photographs, videos, digital records, drawings, recommendations, pricing schedules, operating procedures, software, and databases.

12.2  Licence. Upon payment in full, you receive a non-exclusive, non-transferable licence to use an Assessment Report in accordance with clause 11. Except where reasonably necessary for your own property management, legal, insurance or financing purposes, you must not reproduce, alter, remove branding from, modify, sell, distribute, publish, upload to a commercial database, or create derivative works from an Assessment Report without our prior written consent.

13. Client Obligations

13.1  You indemnify us against all losses, costs, expenses, damages and liabilities (including legal expenses) arising directly or indirectly from any breach by you of an Agreement.

13.2  You are not relieved of your obligations under an Agreement by any failure of the Property Owner to pay you. You remain liable to pay for Goods and Services provided even where you act as agent or property manager for the Property Owner, regardless of whether the Property Owner has paid you.

13.3  You indemnify us against all losses, costs, expenses, damages and liabilities relating to tenants’ belongings, property, or vehicles that are or may be identifiable in any report we provide to you.

13.4  You warrant that all information you provide to us in connection with an Agreement (including access instructions, tenancy status, and known property hazards or defects) is accurate and complete to the best of your knowledge.

14. Price and Payment

14.1  The Price is that quoted in our Acceptance Email, binding on us provided you accept our quotation in writing within thirty (30) days.

14.2  We may, on notice to you, increase the Price and/or the No Show Fee to reflect increases in our costs beyond our reasonable control (including tax or insurance increases).

14.3  Time for payment is of the essence and, at our discretion, is due upon your receipt of our Acceptance Email or invoice.

14.4  Payment must be made in cleared funds by credit card via our Website, direct credit to the account on our invoice, or another method we stipulate.

14.5  GST and other applicable taxes and duties are added to the Price and payable by you when you pay the Price.

14.6  We may charge a late fee and/or interest at 2.5% per month on amounts unpaid after the due date, accruing until payment. Overdue accounts may be referred for debt collection, and you will be liable for all resulting fees, interest, legal and collection costs.

15. Warranties

15.1  You warrant that you have power to enter this Agreement, have obtained all necessary authorisations, are not insolvent, and that this Agreement creates binding and valid obligations on you.

15.2  We warrant that: (a) we have the legal right and authority to enter into and perform each Agreement; and (b) the Services will be performed with reasonable care and skill.

15.3  If you believe the Services have not been provided in accordance with clause 15.2(b), you must notify us promptly and allow us to review and, if appropriate, re-perform the relevant Services.

15.4  All warranties and representations concerning the Agreement are expressly set out in these Terms and Conditions and the Acceptance Email. To the maximum extent permitted by law, and subject to clause 15.1, no other warranties are implied.

15.5  You must notify us promptly of any defect in Goods or Services. Provided you notify us in writing within 90 days of completion of the relevant work, we will remedy defective Services and repair or replace, at our discretion, faulty Goods.

15.6  We are not liable for consequential costs or losses arising from defective Goods or Services, including damage subsequent to installation of smoke detectors.

15.7  Goods are provided subject to the manufacturer’s standard warranty (typically one to five years depending on the product). We do not warrant availability of manufacturers’ repair facilities or parts.

15.8  Our warranty is additional to your rights under the Consumer Guarantees Act 1993. Those guarantees are expressly excluded where you acquire Goods or Services for the purpose of a business, to the extent used in a commercial or trade context.

15.9  We warrant the Services for 12 months from the date provided. We may affix a discreet service record to Goods where relevant.

15.10  At our discretion, we will reinstall faulty Goods replaced under clause 15.5 or 15.7 at our cost, or at a price negotiated with you.

15.11  The above warranties are subject to: no damage or misuse of Goods by you; correct installation and operation of Goods we have not installed; adequate cleaning and maintenance in accordance with our instructions; and only authorised repairs or modifications being made.

16. Risk and Insurance

16.1  We carry public liability cover in respect of the Services in the amount of $2,000,000.

16.2  We do not currently hold professional indemnity insurance. Clause 18 (Limitation of Liability) applies regardless of whether professional indemnity cover is held for any given Service.

17. Purchase, Title, Security and PPSA

17.1  Ownership of Goods does not pass until: you have paid all amounts owing for the Goods; you have met all other obligations owed to us; and any non-cash payment has cleared. Until then, we retain ownership and rights in the Goods.

17.2  Until ownership passes, you hold the Goods as bailee (unless they have become fixtures) and must return them to us on request; you hold insurance proceeds relating to the Goods on trust for us; you must not sell, dispose of, or encumber the Goods other than in the ordinary course of business and for market value; and you irrevocably authorise us to enter premises to recover Goods where unpaid.

17.3  In consideration of us agreeing to supply Goods and/or Services on credit, you charge by way of mortgage all your rights, title and interest in any land, realty or other chargeable assets to secure your obligations under these Terms and Conditions, and irrevocably appoint us as your attorney to give effect to this clause.

17.4  These Terms and Conditions constitute a security agreement for the purposes of the Personal Property Securities Act 1999 (“PPSA”), and a security interest is taken in all Goods supplied to you on credit. You agree to sign any documents reasonably required to register a financing statement, and waive your rights under sections 114(1)(a), 116, 120(2), 121, 125–127, 129, 131–134 and 148 of the PPSA to the extent permitted by law.

18. Limitation of Liability

18.1  Nothing in these Terms and Conditions limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be limited or excluded, including your statutory rights as a consumer.

18.2  Financial Cap. Subject to clause 18.1, our total liability to you for any claim arising out of or in connection with an Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the lesser of: (a) the total Price paid by you for the Services giving rise to the claim; or (b) the amount recoverable under any insurance policy we hold in respect of that claim, to the extent permitted by law.

18.3  Consequential Loss. To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental, exemplary or special loss, including but not limited to: loss of rental income; loss of profit; business interruption; loss of opportunity; loss of goodwill; financing costs; diminution in property value; penalties imposed by third parties; or additional compliance costs incurred after the inspection date where those costs arise from changes in law, guidance, or the condition of the property.

18.4  Matters Beyond Our Control. We are not liable for loss arising from: concealed defects; inaccessible areas; information provided by others that is inaccurate or incomplete; tenant interference; vandalism; product failure after installation; normal wear and tear; weather events; earthquakes; flooding; fire; vermin; changes to legislation; regulatory reinterpretation; or acts or omissions of third parties.

18.5  No Guarantee. You acknowledge that we cannot guarantee that every defect, compliance issue or risk will be identified during a non-invasive inspection, and that inspections involve the exercise of professional judgment based on the conditions existing at the inspection date. This clause applies in addition to, and does not limit, the specific limitations set out in clauses 6 (Compliance Opinions and Validity of Reports), 7 (Healthy Homes Assessment Services), 8 (Methamphetamine Testing Services) and 9 (Property Maintenance and Trade Services).

18.6  Mitigation. You agree to take reasonable steps to mitigate any loss or damage and must not unreasonably allow any alleged defect or issue to worsen after becoming aware of it.

18.7  You must not set off or deduct from the Price any sum owed or claimed to be owed to you by us.

19. Force Majeure Event

19.1  Where a Force Majeure Event causes a failure or delay in either party performing its obligations (other than payment obligations), those obligations are suspended for the duration of the event.

19.2  Neither party is liable for any loss arising from a Force Majeure Event to the extent that party’s obligations are suspended under clause 19.1.

20. Appointments, Cancellation and Access

20.1  We will work with you to arrange a suitable time for the Services. If we cannot access the property at the arranged time, an alternative time will be arranged subject to clause 20.2. Repeated access failures may result in termination under clause 23.3.

20.2  If we need to arrange an alternative time because we could not access the property at the arranged time, we may charge you the No Show Fee.

20.3  An appointment cancelled: within 24 hours of the scheduled time; after a contractor has already been dispatched; where access to the property is unavailable at the scheduled time; or where you or your representative fails to attend, may incur: an administration charge; a travel charge; a contractor charge; and/or a rebooking fee, in addition to (and not in substitution for) the No Show Fee where applicable.

21. Suspension of Services

21.1  We may suspend the Services where: an invoice is overdue; access to the property is denied; a safety risk arises; required information has not been provided by you; regulatory requirements prevent completion; adverse weather makes the work unsafe; materials or specialist products required for the Services are unavailable; or you otherwise breach an obligation under these Terms and Conditions.

21.2  We are not liable for delay arising from any suspension under clause 21.1.

22. Default and Consequences of Default

22.1  Interest on overdue invoices accrues daily from the due date at 2.5% per calendar month (compounding monthly at our discretion), before and after judgment.

22.2  If you owe us money, you indemnify us against all costs of recovering the debt, including legal costs on a solicitor and own client basis, collection agency costs, and bank dishonour fees.

22.3  If you default under an Agreement, we may, in addition to suspending the Services under clause 21 and any other right available at law or under these Terms and Conditions: withhold any Assessment Report; recover debt collection costs; and recover legal costs on a solicitor and own client basis where permitted by law.

22.4  Our acceptance of a late payment does not waive any of our rights under an Agreement.

23. Termination

23.1  Either party may terminate an Agreement immediately on written notice if the other party commits a material breach that is not remediable, or fails to remedy a remediable breach within 10 Working Days of written notice, or persistently breaches these Terms and Conditions.

23.2  Either party may terminate immediately on written notice if the other party is dissolved, ceases substantially all its business, becomes insolvent or unable to pay its debts, has an administrator, receiver, liquidator or similar appointed over its assets, is subject to a winding-up order or resolution, or (if an individual) dies or becomes incapable of managing their own affairs.

23.3  We may terminate an Agreement if you repeatedly fail to provide property access under clause 20. On termination under this clause, you forfeit the Price already paid and must arrange and pay for a new Agreement.

23.4  We may terminate an Agreement immediately on written notice if you fail to pay any amount due to us in full and on time.

24. Effect of Termination

24.1  On termination, all provisions of these Terms and Conditions cease to have effect, save that clauses 1, 2, 11, 12, 13, 18, 24, 25, 26 and 30 survive indefinitely.

24.2  Termination does not affect either party’s accrued rights and liabilities as at the date of termination.

25. Confidentiality

25.1  These Terms and Conditions, and the terms of any Agreement between the parties, are confidential. Neither party may disclose them to a third party without the other’s prior written consent, except as required to obtain a Laboratory analysis, comply with the law, or as permitted under clause 11.

25.2  You must not disclose our pricing structures, internal procedures, methodologies, templates, Contractor information, or other proprietary documentation to any third party.

25.3  We will protect confidential information you provide to us, except where disclosure is authorised by you, required by law, reasonably necessary to provide the Services, or reasonably required to protect our legal interests.

25.4  The obligations in this clause 25 survive termination of an Agreement.

26. Privacy Act 2020

26.1  You authorise us or our agent to access, collect, retain and use information about you for the purposes of assessing creditworthiness, marketing our products and services to you, and providing Goods and Services to you.

26.2  You authorise us to disclose information about you, whether collected directly or from another source, to any credit provider or credit reporting agency for the purpose of a credit reference, debt collection, or notifying a default.

26.3  The authorities in clauses 26.1 and 26.2 are consents for the purposes of the Privacy Act 2020. You may request a copy of the information we hold about you and request correction of any incorrect information.

26.4  Where you authorise us to access information on your behalf (including via an API or similar method), you are responsible for obtaining any Privacy Act consents relating to any personal information contained in it, and you indemnify us against any claim relating to a breach of privacy arising from that access.

26.5  Where an Assessment Report identifies a tenant, occupant, or their belongings, we collect and disclose that information only for the purpose of providing the Services to you, and you must handle any such information in your own report in accordance with the Privacy Act 2020, including your obligations to the individuals concerned.

27. Dispute Resolution

27.1  We will endeavour, but are not required, to resolve disputes amicably. If a dispute cannot be resolved, no court proceedings may be issued without the dispute first being mediated by a single mediator appointed by agreement, or failing agreement, by the Chief Executive Officer of the Resolution Institute of New Zealand.

28. Compliance with Laws

28.1  The parties will comply with all applicable statutes, regulations and bylaws, including without limitation the Health and Safety at Work Act 2015, the Residential Tenancies (Healthy Homes Standards) Regulations 2019, NZS 8510:2018 (as applicable to Meth Testing), and the Consumer Guarantees Act 1993.

29. Consumer Guarantees Act 1993

29.1  Guarantees under the Consumer Guarantees Act 1993 that would otherwise apply to our Goods and Services are expressly excluded where you enter an Agreement for the purposes of a business.

30. General

30.1  Our failure to enforce any provision is not a waiver of that provision, nor does it affect our right to later enforce it.

30.2  If any provision is invalid, void, illegal or unenforceable, the remaining provisions are unaffected.

30.3  These Terms and Conditions and any Agreement are governed by New Zealand law and subject to the jurisdiction of the New Zealand courts.

30.4  We may review these Terms and Conditions at any time. Any change takes effect from the date we notify you of it.

30.5  Subject to clause 30.4, the terms of a particular Agreement may only be varied by a written document signed by or on behalf of both parties.

30.6  We may freely assign our rights and obligations under an Agreement without your consent. Otherwise, neither party may assign, transfer, charge, licence or dispose of rights or obligations under an Agreement without the other’s prior written consent.

30.7  Each Agreement is entered into solely for the benefit of the parties and is not intended to benefit, or be enforceable by, any third party, except as expressly provided in clause 11.