TERMS OF ENGAGEMENT

1. Application
a. These terms and conditions set out our agreement (“Agreement”) with you (our Client), and will
apply whenever you, or your acting agent (such as a property manager or family member or
lawyer), engage Forensic Specialists Ltd (previously named Forensic Building Specialists Ltd)
to act for you in performing the services, unless we agree (in writing) to vary them. Acceptance
of any quote or statement of work we provide you shall constitute acceptance of the terms and
conditions contained in this Agreement.

2. Interpretation
a. “Client”, “you“, “your” shall mean the person or entity (or any person acting on behalf of and
with the authority of such entity or person) entering into this Agreement with FS for the provision
of services.
b. “
FS” previously known as “FBS”, “we“, “us, “our” shall mean Forensic Specialists Limited and
any independent contractors or employees thereof.
c. “
FS report” shall mean and includes the various reports entitled (depending on the type of
survey or assessment selected):
‘Asbestos Management Survey’,
‘Asbestos Demolition/Refurbishment Survey’
‘Asbestos Air Monitoring Survey’
‘Class A and Class B Asbestos Clearances’
‘Mould and Moisture Surveys’
‘EColi, Bacterial Surveys’
‘‘Methamphetamine Screening Survey’
‘Methamphetamine Screening Individual Survey’
‘Methamphetamine Detailed Survey’
‘Methamphetamine Post-Decontamination Survey’
which will be provided to you in accordance within the timeframe agreed between FS and the
Client in writing prior to commencement of the services.
d. “
Price” shall mean the price payable for the services as quoted by FS and any other amounts
owing to FS by the Client.
e. “
Services” shall mean the carrying out of the sampling and surveying which includes: site
inspections, visual assessments, the taking of samples and air assessments to enable FS to
report on hazardous materials at the property. If necessary, services may also include (where
agreed): soil sampling, heavy metal analysis, iodine, air sampling and pH testing.’
f. A “
Working Day” means Monday to Friday (8.30am to 5pm) (excluding public holidays)

3. General
a. FS may contract any part of the services to be performed under this Agreement in
accordance with this clause. The Client agrees and acknowledges that FS may
engage and train, in its sole discretion, suitable independent contractors and
employees to undertake sampling and surveying and such parties may not be licensed
environmental testing professionals but will undergo training with FS for performing
the services. No contractor has any authority to agree to any variation of this
Agreement on behalf of FS. All surveyors who carry out asbestos surveys and
management plans will have successfully completed BOHS IP402. All assessors who
perform air monitoring / clearance work will have successfully completed BOHS IP404.
b. FS reserves the right to vary, modify or replace these terms and conditions at any time
without notice and such changes shall take effect in respect of any subsequent
provision of Services.
c. This Agreement shall be subject to and construed according to the laws of New
Zealand and subject to the jurisdiction of the New Zealand Court geographically
closest to the registered office of FS.
d. We hold appropriate Public Liability, Statutory Liability and Environmental Protection
Liability insurance, a copy can be provided upon request.

4. Services
a. FS agrees to provide the services to the Client on the following terms and conditions.
These terms and conditions together with any quotation, statement of work or any other
document issued by FS together form the Agreement and will be deemed to contain
the full agreement between the parties and supersedes and extinguishes all prior
agreements, discussions, representations and arrangements between the parties.
b. FS, in its sole discretion, reserves the right to decline any order and/or request for
Services.

5. Payment and Price
a. The price of the services shall be as shown on the FS invoice, which shall be in
accordance with the FS quote or as specified by us prior to commencement of the
services.
b. The price is exclusive of Goods and Services Tax which is payable by the Client in
addition to the price.
c. Unless otherwise agreed in writing by FS, payment of the FS invoice must be made in
full prior to the provision of services.
d. FS may agree, in its sole discretion, to carry out services (limited to sampling and surveying only) prior to receipt of payment. In this instance, the FS invoice shall be
payable by the Client immediately on completion of sampling in order for the Clientto
receive the FS report within the quoted timeframe. For the avoidance of doubt, the FS
report will not be released to the Client until FS receives payment in full.

e. FS may agree in its sole discretion to provide services and reports to the Client prior to
receipt of payment. In this instance, and unless agreed otherwise, the FS invoice shall
be due on the 3rd working day following the date on which an invoice is issued to the
Client. For the avoidance of doubt, the invoice will be issued to the Client by FS on
provision of the FS report.
f. Payment must be made by direct deposit to FS nominated bank account as shown on
the FS invoice. FS does not accept cash or cheque.
g. Payment must not be made directly to any FS employee or contractor.
h. All payments by the Client must be made in full and without any deduction or right of
set-off or counterclaim.
i. FS shall not be bound by any error or omission made by FS on any invoice, quotation,
estimate, or any other document issued by FS.
j. If the Client fails to make payment by the due date the Client shall beliabletopay interest
on the amount outstanding at the rate of 15% from the due date for payment until
payment is made. Any expenses, costs, disbursements and legal costs incurred by FS
in the enforcement of any rights contained in this Agreement or in the recovery of
money shall be paid by the Client, including any reasonable solicitor’s fees or debt
collection agencyfees.
k. FS will not issue statements for outstanding invoices. FS reserves the right to place all
invoices that are not paid within four weeks of issuing into debt collection. The Client
will be liable for all additional fees incurred through this process.

6. Failure to Access Fee & Cancellation
a. You agree to provide us with access to the property for the purposes of enabling us to
undertake the sampling and / or surveying and shall ensure that the property is
accessible prior to commencement and remains in a state and condition that is safe
for FS (its employees and contractors) and causes no disruption or obstruction to the
carrying-out of any sampling and/or the services. If FS cannot gain access to a
property (at the time mutually agreed by the Client and FS) or if FS (acting reasonably)
considers that the Client has not carried out its obligation to ensure that the property
is safe for the provision of services, the Client agrees and acknowledges that FS is
entitled to terminate the Services and charge (or retain if payment has already been
made) 50% of the price, even if no services have been provided to the Client.
b. FS recommends that the Client obtains confirmation in writing from the property owner,
owner’s agent, property manager or tenant prior to submitting an order for services.

7. Rescheduling & Resampling
a. From time to time, FS may be required to reschedule provision of services. In this
event, FS will contact the Client directly and will use its best endeavours to provide at
least 24 hours’ prior notice of any rescheduling.
b. The parties agree and acknowledge that following methamphetamine and / or asbestos
sampling of a property, FS will courier samples to an IANZ accredited laboratory for
testing and analysis. In the event that samples have been couriered by FS but do not
arrive at the designated laboratory due to any third-party fault, the parties agree that
provision of the relevant FS report shall be postponed until FS have re- sampled the
property. In this event, FS will not charge any additional costs for re- sampling.
However, for the avoidance of doubt, the Client shall remain liable to pay the price in full
in accordance with clause 5.


8. Alarm systems
a. The Client agrees that (as part of its access obligations) any security systems are to
be disarmed prior to provision of services.
b. If the Client instructs and authorises FS to disarm and re-arm any home security
systems at commencement and completion of services, the parties agree that FS shall
not be liable for any loss or damage of any kind, arising directly or indirectly, from FS or
any employee or independent contractor of FS, operating or failing to operate any home
security system.


9. Health & Safety
a. Without limiting and in addition/clarification of your obligations at 6a the Client will take
all reasonable steps to provide a safe working environment for FS and our
independent contractors or employees (by way of example (but without limitation) this
includes but is not limited to: animals being under control at all times, occupants of a
property being informed of the FS methamphetamine site assessment. The Client is
also responsible to provide safe access to a roof space if additional testing is required.
b. FS and our independent contractors, or employees will provide all tools and equipment
required to perform the site assessment, sampling and surveying including sampling
kits. ladders, health and safety equipment such as suitable coveralls, shoe covers,
gloves and face masks, personal protective equipment (PPE) and personal protective
respirator (PPR).
c. All FS employees and independent contractors must adhere to FS Health and Safety
Policies, Procedures and Quality Management Systems in the provision of all services.
d. FS reserves the right to abandon the provision of services and terminate this
Agreement, at any time, if FS and our independent contractors or employees have
any reason to believe that their personal safety is at risk. This includes but is not limited
to: threatening behaviour, domestic incidents, disputes, dangerous or threatening pets/animals, unsafe or unsanitary conditions.
e. The parties agree that animals that can cause harm will be secured or removed during
the provision of services.

 10. Removal of Items & Damage
a. The Client agrees and acknowledges that in some instances, FS may be required to
re-position or remove items of suspicious material from the property for further
sampling.
b. If any items are removed from the property for further testing, the parties expressly
agree that FS is not liable for any remediation or redecoration costs or any other loss,
cost, expense or damage caused and the Client indemnifies FS in respect thereof.
c. Without limiting clause 10b FS will use all reasonable endeavours to store and return
any items (where possible) to the Client within a reasonable time following completion
of the sampling.
d. The Client agrees and acknowledges that FS (including any FS employee or
independent contractor) is not liable for any loss or damage caused to property in the
provision of services.


11. Privacy and Confidential Information
a. The parties agree that knowledge of where property keys are located, PIN codes for
any home security systems and any other confidential information provided by the
Client to FS including any photographs taken by FS (including by its employees or
independent contractors) in the provision of Services will remain private and
confidential information and will not be transmitted or disclosed to any other party
without the Client’s permission.
b. The parties agree that any FS report provided to the Client must not be shared, copied
or reproduced by the Client without written approval fromFS.
c. The parties agree that FS will not disclose any confidential information obtained from
the Client unless required by law or to protect the health and safety of its Client and /
or third parties.
d. The parties expressly agree and acknowledge that FS may use recording devices
(including smartphone cameras) required to complete the Services.


12. Conflict of Interest
a. We have policies in place to identify and respond to conflicts of interest. If a conflict of
interest or potential conflict of interest arises, we will consult with you about the best
way to resolve the matter.

13. Termination of Services
a. FS may immediately terminate this Agreement when any of the following events
happen:

* If the Client defaults in performing its obligations under this Agreement and the
default, if capable of being remedied, is not remedied within 24 hours of notice
to remedied; or
* If the Client defaults in performing its obligations under this Agreement and the
default is in FS’s reasonable opinion incapable of being remedied;or
* Upon the occurrence of any of the events specified in clause 9.e.

Termination of this Agreement will not prejudice or affect the rights, remedies or
claims of FS.
b. If this Agreement is terminated, FS is entitled to recover and the Client will be liable to
pay FS for the full value of the Price and any reasonable costs that FS incurs as a result
of early termination.


14. Copyright & Intellectual Property
a. All of the trademarks, patents, copyright, designs or other intellectual property rights
(whether or not registered) in respect of the services remain FS’s property
notwithstanding the sale/supply of the services to the Client. FS reports must only be
used by the Client for the specific purpose they have been provided and not be copied,
reproduced, distributed, modified, published, uploaded, posted, or transmitted in any
way without our prior written consent. FS reserves all copyright in its website and in
all documents and information on its website.
b. The Client agrees and acknowledges that FS expressly prohibits the Client from using
any FS trademarks, trade names, graphics, designs or intellectual property and
reserves its right to take action against the Client in the event of any Client breach.


15. Consumer Guarantees Act 1993 and Fair-Trading Act 1986
a. Where services are provided for the purposes of a business, the Client agrees that the
provisions contained in the Consumer Guarantees Act 1993 shall not apply.
b. Nothing in this Agreement is intended to have the effect of contracting out of the
Consumer Guarantees Act 1993 and the Fair-Trading Act 1986 except to the extent
permitted by statute.


16. No Additional Warranty
a. FS makes no warranty, representation or assurance that the Services carried-out will
categorically detect contamination that may be associated with the specific hazardous
substances they have been engaged to survey, sample and report on therefore:

* Only the specific area(s) and site(s) the subject of the sampling should be
construed as being representative of the status of the property and/or indicative
of the presence of the hazardous materials specifically being tested for with
results being applicable only to the specific day, time and the actual site where
the sampling was carried out at the time sampling was performed. There may be
other contaminated areas of the property or hazardous materials that may be
present but have not been tested for (we take no responsibility nor hold any
liability for those matters). Only areas identified in the relevant FS report are
examined and Sampled;
* The Client agrees and acknowledges that there may be other
contaminants/hazardous materials and/or or varying degrees of
methamphetamine contamination in other areas that were not tested by FS (we
take no responsibility nor hold any liability for thosematters);
* There can be variation of methamphetamine contamination levels at a site as
contamination is not evenly spread and fluctuates depending on a range of
factors (including without limitation different surface materials that have a high or
low affinity to methamphetamine);
* The Client agrees and acknowledges that the presence of methamphetamine,
asbestos and other hazardous substances can be masked through extensive
cleaning painting and decorating. The Client is advised to check and advise FS if
any extensive cleaning, painting and renovating of the property has been recently
completed.

17. Client Indemnification
a. The Client indemnifies FS for any loss or damage, including any third-party claims that
may arise in the provision of services as well as any losses, damages, expenses and
legal costs (on a solicitor and own client) that FS may reasonably sustain or incur as
a result, whether directly or indirectly, of any breach by the Client of the provisions of
this Agreement.


18. Disclaimer
a. In New Zealand, the Consumer Guarantees Act 1993, the Commerce Act 1986, the
Fair-Trading Act 1986 and other statutes may imply warranties or impose obligations
on FS which cannot by law (or which can only to a limited extent by law) be excluded or
modified. In respect of such implied warranties, conditions or terms imposed on FS,
its liability shall, where it is allowed, be excluded or if not able to be excluded, only
apply to the minimum extent required by the relevantstatute.
b. Subject to clause 18a above, FS shall not be liable towards the Client (or another
person) for any loss or damage of any kind (arising directly or indirectly fromservices
or from remedial recommendations made by FS) however caused.
c. Notwithstanding any other provision of this Agreement and without prejudice to clause
18.b, if for any reason FS becomes liable for loss or damage that would have otherwise
been excluded then its total liability to the Client arising out of any claim for damages for any cause will be limited to a refund to the Client of the monetary amount
of the value of that part of the Services giving rise to the claim.
d. Neither party shall be deemed in default of this Agreement to the extent that
performance of its obligations or attempts to cure any breach are delayed or prevented
by reason of any Act of God, war, terrorism, fire, natural disaster, accident, act of
government, strikes, unavailability of material, or any other cause beyond the
reasonable control of such party.
e. The Client hereby disclaims any right to sue for damages or to claim restitution arising
out of any inadvertent misrepresentation made to the Client byFS.


19. Dispute
a. Unless the disputed matter falls within the jurisdiction of the Disputes Tribunal, no
party to this Agreement shall begin any court proceedings relating to any dispute
arising out of this Agreement (including any dispute as to the validity, breach or
termination of this Agreement or as to any claim in tort, in equity pursuant to any
statute) unless that party has complied with the following paragraphs of this clause.
b. Any party who claims that a dispute has arisen under or about this Agreement must
give written notice to the other party specifying the nature of the dispute. On receipt of
the notice by the other party, the parties to this Agreement:

* Must co-operate and use their best endeavours to resolve the dispute quickly;
and
* Must, if they do not within seven days of receiving the notice (or any further
period as they may agree in writing) resolve the dispute, refer the dispute to
mediation (“the mediation”)

c. The mediation shall be conducted in terms of the LEADR New Zealand Inc. Standard
Mediation Agreement.
d. The mediation shall be conducted by a mediator and at a fee agreed by the parties,
failing agreement between the parties, the mediator shall be selected, and the
mediator’s fee shall be decided by the Chair for the time being of LEADR New Zealand
Incorporated.


20. Miscellaneous
a. The illegality, invalidity or unenforceability of a provision of this Agreement under
any law shall not affect the legality, validity or enforceability of that provision under
another law or the legality, validity or enforceability of any other provision of this
Agreement.
b. Failure or omission by a party at any time to enforce or require strict or timely
compliance with any provision of this Agreement will not affect or impair that
provision in any way or the rights of that party to benefit from the remedies it may
have as to any breach of any provision. Insurance Certificates.