HAZ-CONTROL ENGAGEMENT TERMS

Parties and Scope

These Engagement Terms govern services provided by Haz-Control Limited (“Haz-Control”) to the Client as agreed in each instruction or proposal. Services include, but are not limited to, inspections, compliance certification, hazardous area evaluation, and application processing (e.g., Certified Handler applications).

Liability and Limits

General Services: Haz-Control’s maximum aggregate liability for any claim arising from or connected to the services is limited to the lesser of (a) three (3) times the invoice value for the relevant services, or (b) NZD 10,000.

Compliance Certification Work: For work performed solely to issue location or design certification under the Health and Safety at Work (Hazardous Substances) Act 2017, Haz-Control’s maximum liability is the lesser of (a) three (3) times the total invoice for that Compliance Certification work, or (b) NZD 5,000.

Hazardous Area Evaluation: For hazardous area evaluation services, Haz-Control’s maximum liability is limited to two (2) times the invoice value for that evaluation.

Certified Handler Applications: The Certified Handler fee is an application fee only. Haz-Control accepts no liability for loss of earnings, business interruption, consequential loss, or other damages arising from a refusal to issue a Certified Handler Certificate or disputes concerning certification.

Client Responsibilities

The applicant/Person Conducting a Business or Undertaking (PCBU) must provide all requested evidence and documentation within 90 days of Haz-Control’s instruction to proceed. Failure to provide required information may delay or prevent completion of services and may affect liability limits.

Timeframes and Fees

Reasonable Time: Where multiple conditions apply or additional work is required, work will be carried out within a reasonable time. Additional processing or specialist work will be charged at the agreed hourly rate or NZD 250 per hour if no hourly rate is otherwise arranged.

Credit Terms: Unless otherwise agreed in writing in advance, payment is due within 14 days from the date of invoice.

Late Payment, Collection Costs and Tribunal Filing Fee

Late Payment Fee: For overdue amounts, a late payment fee applies equal to the higher of NZD 100 per calendar month or 5% of the total outstanding debt.

Debt Collection Costs: All costs and legal fees incurred in recovering overdue amounts are the responsibility of the debtor (Client).

Disputes Tribunal Filing Fee: For any debt overdue by 30 days, an additional Disputes Tribunal filing fee of NZD 500 will be applied.

Exclusions and Limitation of Liability

Haz-Control will not accept liability for loss of earnings, indirect, incidental, special or consequential damages, or punitive damages except as expressly set out above.

Any higher liability or different terms must be agreed in writing in advance between Haz-Control and the Client.

General

Governing Law: These terms are governed by the laws of New Zealand.

Variation: Any variation to these terms must be agreed in writing by Haz-Control.

Severability: If any provision is unenforceable, it will be severed and the remainder will continue in force.

Acceptance

By instructing Haz-Control Limited to provide services, the Client accepts these Engagement Terms.