Cozy Building Compliance Ltd

These Terms & Conditions apply to all services supplied by Cozy Building Compliance Ltd and must be read together with the relevant Service Schedule(s) below.

1. Parties and acceptance

1. These Master Terms apply to all services supplied by Cozy Building Compliance Ltd (“we”, “us”, “our”) to the person or entity named in the booking, quote, or invoice (“you”, “your”).
2. By booking, instructing, paying, or allowing us on site, you accept these Master Terms and the relevant Service Schedule(s).
3. If there is any inconsistency, the relevant Service Schedule prevails to the extent of the inconsistency.
4. If you instruct us through an agent (e.g., property manager, real estate agent, lawyer), you confirm that agent is authorised to give instructions on your behalf.

2. Definitions

• Services: services described in the applicable Service Schedule(s) and any agreed written scope/quote.
• Site: the property or location where the Services are carried out.
• Report: any written deliverable we issue (including PDFs, photos, checklists, and summaries).
• Non-invasive / visual: we do not open up, dismantle, cut, drill, lift floor coverings, or otherwise damage/alter building elements unless separately agreed in writing.
• Appointment time: the booked start time at the Site.
• Third-party costs: costs incurred with external providers (e.g., laboratory testing, specialist subcontractors, parking/tolls where agreed).
• Business customer / in trade: you acquire the Services for business purposes and you and we are “in trade”.

3. Booking, scope, and changes

1. Our scope is limited to what is set out in the relevant Service Schedule(s) and any agreed written scope/quote.
2. Any change to scope (variation) must be agreed in writing and may affect price and turnaround times.
3. We may refuse or stop work if conditions on site are unsafe, aggressive animals/people are present, or access is not available.

4. Access, safety, and site conditions

1. You must provide safe, lawful, and reasonable access at the booked time (including keys, gate codes, and safe access to any areas within scope).
2. We may decline to enter or inspect areas where, in our opinion, there is a safety risk (including height risks, electrical hazards, asbestos risk, contaminated environments, unstable structures, vermin, or confined spaces).
3. Unless expressly agreed, we do not move heavy furniture, stored items, insulation, personal belongings, appliances, vehicles, or fixtures.
4. Where access is restricted or unsafe, affected items/areas will be recorded as Not Inspected (or similar) in the Report.

5. Information you provide

1. You warrant that information you provide is accurate and complete (including property address, access arrangements, occupancy status, and any known hazards).
2. Where we rely on third-party information, we do not guarantee its accuracy unless we state otherwise in writing.

6. Fees, GST, payment, cancellation, call-out, and third-party costs

1. Fees are as per our quote/price list at the time of booking, plus GST if applicable.
2. Unless we agree otherwise in writing, payment is required before release of the Report.
3. Cancellation / reschedule (within 24 hours): If you cancel or reschedule within 24 hours of the Appointment time, we may charge NZD $200 + GST.
4. Call-out fee (unable to access / cannot proceed): If we attend but cannot commence/complete due to lack of access, unsafe conditions, refusal of entry, animals, locked areas, or other reasons outside our control, we may charge a call-out fee of NZD $300 + GST, plus any Third-party costs already incurred.
5. Third-party / laboratory costs: Where lab work or third-party services are ordered, you are responsible for those costs once incurred, even if the booking is later cancelled.
6. Overdue amounts: If an invoice remains unpaid after the due date, we may charge reasonable interest (for example 1.5% per month) and recover reasonable debt-collection/enforcement costs.

7. Turnaround times

1. Any turnaround time is an estimate and may change due to access issues, weather, Site conditions, additional scope, or peak demand.
2. Where delays arise, we will use reasonable efforts to notify you.

8. Reports, photos, and record keeping

1. Reports and photos reflect conditions observed at the time of service only.
2. A Report is not a guarantee, warranty, code compliance certificate, or confirmation that no defects exist.
3. For services involving rental compliance (e.g., Healthy Homes), ongoing compliance and statutory record-keeping obligations remain your responsibility (typically the landlord/owner).
4. We may retain Reports and job records for business and legal purposes.

9. Reliance, third-party use, and limitation of use

1. The Report is issued only to you for the stated purpose.
2. No other person may rely on it unless we agree in writing (a reliance letter/agreement and fee may apply).
3. We are not liable to any third party who uses or relies on our Report without our written consent.
4. You must not present extracts or altered versions of our Report in a misleading way.

10. Consumer law and B2B contracting out

1. Where you are a consumer, nothing in these terms excludes or limits your rights that cannot be excluded by law.
2. For Business customers / in trade, any contracting out of consumer legislation will only apply if agreed in writing and only to the extent permitted by law.

11. Liability and limitation

1. To the maximum extent permitted by law, our total aggregate liability to you arising out of the Services is limited to the amount you paid for the relevant Service.
2. We are not liable for indirect or consequential loss to the extent permitted by law.
3. You remain responsible for obtaining specialist advice where required (e.g., engineers, electricians, plumbers, weathertightness specialists, licensed asbestos removalists, remediation contractors).

12. Verbal comments vs written documentation

1. Unless you have booked Schedule 4 (Verbal-Only Quick Check), any verbal comments are general only and do not replace written documentation.
2. If you require written confirmation of any matter, you must book the relevant written service/Report (or request an agreed written variation).

13. Complaints, queries, and re-inspection opportunity

1. If you have a concern about the Services or a Report, notify us as soon as reasonably practicable with details of the issue.
2. If the concern relates to an alleged defect or damage, you agree to provide a reasonable opportunity to re-inspect (where practical) before repairs or alterations occur, except for genuine emergencies or immediate safety risks.
3. If repairs/alterations occur before we have a reasonable opportunity to re-inspect, this may limit our ability to assess the concern and may affect outcomes.

14. Privacy

1. We collect and use personal information to deliver the Services, communicate with you, and keep business records.
2. You authorise us to share relevant information with your nominated agent/lawyer/property manager for the purpose of delivering the Services.

15. Intellectual property

1. We own copyright in our Reports, templates, and photos.
2. You receive a licence to use the Report for the stated purpose. You must not alter or selectively reproduce it in a misleading way.

16. Force majeure

We are not liable for failure or delay caused by circumstances beyond our reasonable control (including severe weather, illness, accidents, access restrictions, or emergencies).

17. Disputes and governing law

New Zealand law applies. The parties will attempt to resolve disputes in good faith before taking formal action.

1. Purpose

A visual, non-invasive inspection to identify significant visible defects and risks relevant to a purchase decision.

2. Standard and method

1. The inspection is a visual, non-invasive assessment of readily accessible components that are within the inspector’s clear line of sight at the time of inspection.
2. Where referenced, NZS 4306:2005 is used as a general industry framework; however the actual scope is defined by this Schedule and the agreed written scope/quote.

3. Typical inclusions (where safe and accessible)

• Exterior: cladding, joinery, visible flashings, decks/balconies, paths/steps (visual).
• Interior: wet areas, finishes, visible cracking/movement indicators (visual).
• Roof exterior: visual from ground and/or ladder vantage point only unless otherwise agreed.
• Roof space and subfloor: where safe and reasonably accessible at the time.
• Moisture meter: non-invasive meter readings may be taken in accessible risk areas (indicative only).

4. Moisture readings – important limitation

1. Moisture meter readings are indicative only, taken at the time and under the conditions present.
2. Moisture testing is not invasive and does not confirm concealed damage, membrane failure, or the cause/source of moisture.
3. If elevated readings or weathertightness risk factors are identified, we may recommend further investigation by a suitable specialist.

5. Key exclusions (unless expressly agreed in writing)

• Invasive investigation (opening up linings, lifting floor coverings, removing insulation, drilling/cutting, dismantling).
• Council file searches, consent verification, CCC verification, LIM review.
• Engineering assessment; invasive weathertightness testing; Building Code compliance assessment (including E2/AS1).
• Specialist testing of electrical, plumbing, gas, drainage, pools/spas, fireplaces/chimneys, HVAC performance, alarm/security systems.
• Meth/asbestos testing unless separately agreed in writing.

6. Access requirements and minimum clearances (guidance)

You agree to provide reasonable access. Where these clearances are not met, areas may be excluded and noted as Not Inspected.

7. Inaccessible / obstructed areas

1. Areas concealed by stored items, insulation, linings, furniture, appliances, vehicles, vegetation, or locked doors/hatches are excluded.
2. Unsafe areas are excluded. This will be recorded in the Report.

8. Report

1. The Report reflects conditions observed at the time only and is not a guarantee that defects do not exist.
2. Any summary highlights matters considered significant; absence from the summary does not mean an item is defect-free.

1. Purpose

Assessment of a rental property’s likely compliance against the Healthy Homes Standards (heating, insulation, ventilation, moisture ingress/drainage, draught stopping), based on the information and access available at the time.

2. Deliverables

• Measurements/observations required for the standards
• Photo evidence (where relevant)
• Compliance summary and practical recommendations

3. Limitations

• Compliance can change due to later alterations, damage, occupant behaviour, or missing documentation.
• Landlords remain responsible for ongoing compliance and record keeping.
• This assessment is not a general building condition report unless separately agreed.

1. Scope

Work is limited to the items described in our written quote/work order.

2. Variations and concealed issues

If concealed damage or additional work is found, we will seek approval for a variation before proceeding (where practicable).

3. Consents / approvals / body corporate

Unless expressly included, you are responsible for determining and obtaining any required consents/approvals (including body corporate approvals).

4. Materials and finishes

Where we match existing finishes/materials, exact matches cannot be guaranteed due to age, UV fade, product availability, or existing substrate condition.

1. Purpose

A short walk-through providing general verbal observations only.

2. Deliverables

• No full written report is provided.
• A brief written summary may be available only if agreed in writing and may incur an additional fee.

3. Reliance limitation

You acknowledge this service is limited in scope and should not be relied upon as a comprehensive assessment for purchase decisions.