Terms and Conditions.

General Terms:
These terms apply to all contracts between GOAT Property Ltd ("GOAT") and the customer for the provision of goods or services unless expressly excluded in writing. Any changes to these terms must be made in writing and signed by both parties. In case of any discrepancies between these terms and any other agreement, these terms will prevail.

Definitions:
a. “GOAT” refers to GOAT Property Ltd, its agents, divisions, subsidiaries, or employees.
b. “Customer” refers to the individual or entity purchasing goods or services from GOAT, including anyone acting on behalf of the customer with their authority.
c. “Defect” refers to a flaw in workmanship or materials, including:

Work not completed with reasonable skill and care.

Significant, unauthorized deviations from drawings or specifications.

Unauthorized deviations from manufacturers' tolerances, or if unavailable, tolerances outlined by MBIE or New Zealand Standards.
d. “Goods” includes any products, services, or property maintenance work supplied by GOAT to the customer.
e. “Latent Condition” means any unforeseen physical condition at the site that differs from what was reasonably expected at the time of the contract.
f. “Substantial Completion” means the Works are at least 95% complete.
g. “Works” refers to any agreed tasks GOAT is contracted to perform, including variations and design work.

GOAT’s Warranties:
GOAT guarantees that the Works will be performed:
a. Competently and with reasonable care and skill;
b. In compliance with all applicable laws and building consents;
c. Using new and fit-for-purpose materials (unless otherwise agreed);
d. In accordance with legal and regulatory requirements.

Insurance:
a. GOAT will maintain public liability insurance of at least $1,000,000, valid until any defect remedies are completed.
b. For new constructions, alterations, or repairs, the customer must maintain contract works insurance.
c. A party responsible for insurance must provide proof of the policy upon request.

Variations:
a. The customer may request changes to the scope, omission, or nature of the Works.
b. GOAT may request variations due to Latent Conditions that increase the scope of work.
c. Both parties must agree to variations in writing, including the scope, pricing, and approval before commencing.

Payment Terms:
a. GOAT may issue payment claims for deposits, consent-related expenses, substantial completion of Works, or progress claims.
b. Payments are due seven (7) days after a payment claim is issued.
c. If the customer intends to pay less than the claimed amount, they must provide a payment schedule within five (5) days.
d. If payment is not received by the due date, default interest of 2% per month will apply, and GOAT may suspend Works or terminate the contract.

Default and Remedies:
If the customer fails to pay within five (5) days of the due date:
a. GOAT may suspend Works or cancel the contract.
b. The customer will be liable for legal costs incurred by GOAT in recovering outstanding amounts.

Collection and Use of Information:
GOAT may collect and use customer information to assess creditworthiness or for marketing purposes. The customer consents to this under the Privacy Act 1993.

Estimate Price:
a. Estimates are valid for 30 days and may be subject to change due to unforeseen conditions or variations.
b. Estimates based on plans or unseen conditions are considered estimates and may be adjusted as required.

Return of Goods
The return of goods is only permitted with GOAT’s written approval, and shop-soiled or used goods cannot be returned unless defective.

Title and Ownership:
Title to goods transfers to the customer upon full payment. GOAT reserves the right to repossess unpaid goods.

Defects Liability Period:
a. The customer must notify GOAT in writing of any defects as soon as they are identified.
b. GOAT will remedy any defects in workmanship or materials within 12 months of Substantial Completion.
c. The customer must provide access for defect rectification.

Limitation of Liability:
GOAT’s liability is limited to the replacement or repair of defective goods or services and excludes any consequential losses, including loss of profit.

PPSA (Personal Property Securities Act 1999):
GOAT reserves a security interest in goods supplied and may register this interest under the PPSA.

Consumer Guarantees Act:
Where goods or services are supplied for business purposes, the guarantees under the Consumer Guarantees Act 1993 are excluded.

Caveat:
The customer agrees to grant GOAT a mortgage or caveat over any property to secure payment of outstanding amounts.

Miscellaneous:
a. Neither party may assign their rights or obligations without written consent.
b. GOAT is not liable for delays beyond its control.
c. New Zealand law governs this agreement.
d. These terms override any conflicting customer orders or instructions.