Terms of Trade
Smarter Homes NZ - Healthy Homes Assessment
1. Definitions
1.1. “Supplier” means Smarter Homes NZ Limited, its successors and assigns or any person acting on behalf of and with the authority of Smarter Homes NZ Limited.
1.2. “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3. “Goods” means all Goods or Services supplied by the Supplier to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4. “Price” means the Price payable for the Goods as agreed between the Supplier and the Customer in accordance with clause 2 below.
2. Price and Payment
2.1. The Price shall be as indicated on invoices provided by the Supplier to the Customer in respect of the Goods supplied.
2.2. Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated then payment will be due seven (7) days following the date of the invoice.
2.3. Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods.
3. Title to Goods (Including any incidental items supplied as part of any Services)
3.1. The Supplier and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid the Supplier all amounts owing to the Supplier; and
(b) the Customer has met all of its other obligations to the Supplier.
3.2. Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
4. Default and Consequences of Default
4.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
4.2. If the Customer owes the Supplier any money the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).
4.3. Further to any other rights or remedies the Supplier may have under this contract, if a Customer has made payment to the Supplier by credit card, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 6 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement.
5. Privacy Act 1993
5.1. The Customer authorises the Supplier or the Supplier’s agent to:
(a) access, collect, retain and use any information about the Customer;
(i) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
(ii) for the purpose of marketing products and services to the Customer.
(b) disclose information about the Customer, whether collected by the Supplier from the Customer directly or obtained by the Supplier from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
5.2. Where the Customer is an individual the authorities under clause 8.1 are authorities or consents for the purposes of the Privacy Act 1993.
5.3. The Customer shall have the right to request the Supplier for a copy of the information about the Customer retained by the Supplier and the right to request the Supplier to correct any incorrect information about the Customer held by the Supplier.
6. Scope of Inspection
6.1. The Healthy Homes Assessment conducted by Smarter Homes NZ, the Supplier, is a visual, non-invasive inspection carried out in accordance with the Residential Tenancies (Healthy Homes Standards) Regulations 2019.
6.2. The purpose of this assessment is to determine compliance with the Healthy Homes Standards, and it includes the evaluation of the following key areas: Heating, Insulation, Ventilation, Moisture ingress and drainage, Draught stopping.
6.3. This assessment is not a comprehensive building inspection and does not constitute a structural, plumbing, electrical, or weathertightness report.
7. General Limitations of Inspection and Report
7.1. The assessment is limited to areas that are safe and reasonably accessible at the time of inspection.
7.2. Non-invasive procedures, dismantling of structures, or movement of personal property, fixtures, or furniture will be undertaken.
7.3. The report is based solely on observations made during the inspection and reflects the condition of the property at that specific time.
7.4. The assessment does not assess compliance with other legislation, including but not limited to the Building Code, Resource Management Act, or local council bylaws.
7.5. This report is not a warranty, guarantee, or prediction of future performance or condition.
8. Weather-tightness and Moisture Intrusion Limitations
8.1. This assessment does not constitute a weathertightness report. Issues related to moisture ingress or structural dampness often require specialist testing (e.g. thermal imaging or invasive moisture testing), which falls outside the scope of a Healthy Homes Assessment. Where concerns arise, we recommend consultation with a qualified building surveyor or specialist.
9. Reasonable Access Requirements
9.1. “Reasonable access” is defined in accordance with NZS 4306:2005 and includes:
(a) Ceiling space: A minimum access opening of 450mm x 400mm and 610mm x 610mm crawl space.
(b) Subfloor: A minimum access opening of 500mm x 400mm and 500mm vertical clearance.
(c) Access must be safe, unobstructed, and achievable using a 3.6m ladder.
Areas not meeting these criteria will be excluded from inspection unless alternative arrangements are made in advance.
10. Health and Safety Compliance
10.1. All inspections are conducted in accordance with the Health and Safety at Work Act 2015.
10.2. Inspectors reserve the right to refuse entry to areas where access poses a health or safety risk, including the presence of hazardous materials, unsafe structures, or aggressive animals.
10.3. The Customer is responsible for ensuring safe access is provided prior to inspection.
11. Confidentiality
11.1. This report is prepared exclusively for the named Customer and is confidential.
11.2. It must not be disclosed to or relied upon by any third party without the prior written consent of Smarter Homes NZ Limited.
11.3. Unauthorized sharing, use, or reliance may void any associated warranties, indemnities, or limitations of liability.
12. Limitation of Liability
12.1. To the maximum extent permitted by law, Smarter Homes NZ accepts no liability for any direct, indirect, or consequential loss, damage, or injury arising from reliance on this report.
12.2. If liability is established, it shall be limited strictly to the amount of the assessment fee paid.
12.3. Customers are encouraged to obtain independent legal or professional advice before acting on this report.