PART A: TERMS OF ENGAGEMENT.

1. Who we are. Aerial Assess NZ is a trading name of a GST-registered sole-trader operator carrying on business in New Zealand. References in these terms to "we", "us", and "Aerial Assess NZ" mean that operator. Contact for all queries, including service of notices, is by email: ryan@aerialassess.co.nz. By submitting an enquiry, booking an assessment, or otherwise engaging our services, you agree to these terms. We recommend you read them in full before booking.

2. What our service is. Our service is a roof inspection and a written assessment letter. We attend the property, carry out a visual inspection of the visible and accessible areas of the roof, and provide a written assessment letter that records what we observed and any practical comments and options we consider worth noting. The written assessment letter is not a building report, engineering report, LIM report, Licensed Building Practitioner assessment, or certificate of compliance of any kind. It is an opinion based on a visual inspection on the day. It should not be used in place of any of those reports and we do not represent it as such. Where drone equipment is used it supplements the inspection by giving us safe access to areas that would otherwise require scaffolding. It does not replace physical inspection where physical access is reasonably possible.

3. What we inspect and what we don't. We inspect the visible and accessible areas of the roof. This is a visual, non-invasive, and non-destructive inspection. We do not remove tiles, flashings, cladding, or coverings; we do not open ceilings, framing, or roof voids; we do not lift insulation or other materials; we do not carry out moisture testing or any form of intrusive testing. We do not inspect, and our assessment letter does not address: interior ceiling spaces, attic spaces, or roof voids unless separately agreed in writing; roof framing, trusses, or structural elements; insulation; internal gutters, downpipes, or drainage; plumbing penetrations or fittings; electrical installations or penetrations; internal moisture content of any material; asbestos or asbestos-containing materials (see clause 4); future condition of the roof or any part of it; cause of any observed defect where determining cause would require intrusive investigation; or anything that is not visible or accessible at the time of attendance. The absence of a noted issue in the assessment letter does not mean no issue exists, only that none was observed in the visible and accessible areas on the day.

4. Asbestos and fragile surfaces. We do not identify, sample, or test for asbestos-containing materials. If we observe materials we suspect may contain asbestos, we may flag this in the assessment letter and recommend you engage a licensed asbestos surveyor. We make no warranty that any flagged or unflagged material is or is not asbestos-containing. Where any roof surface is not safely accessible from above (for example, a fragile or unrated roof surface), our inspection of that area will be limited to observations made from ground level, drone, or other safe vantage points and our assessment letter is correspondingly narrower. If you decline or restrict our access to any part of the roof or property, our inspection is correspondingly narrower and the assessment letter will note the limitation.

5. Assessment conditions on the day. Observations made during an inspection are affected by conditions on the day, including but not limited to weather, light, debris, the configuration of the property, the time of year, recent rainfall, and the presence of furniture, planting, or other items obstructing parts of the roof. We may decline to proceed with, or pause, an inspection if we consider it cannot be safely or reliably carried out, for example, in high winds, lightning, or where access is unsafe. Where we do, we will offer to reschedule (see clause 13). The assessment letter records condition observed on the date of attendance only. We make no representation about the condition of the roof at any other time. Roofs change condition with weather, age, and wear.

6. Reasonable care and skill. We carry out our service with reasonable care and skill. Your rights under the Consumer Guarantees Act 1993 are not affected by these terms (see clause 7). The standard of reasonable care and skill applies to the service we offer, namely a visual inspection and written assessment letter of the visible and accessible roof areas. It does not extend to services we do not offer (building inspection, structural assessment, engineering opinion, leak diagnosis, asbestos identification, or anything outside clause 3).

7. Limitation of liability. Your non-excludable rights. Nothing in this clause limits or excludes any rights you have as a consumer that cannot be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand consumer law. The limitations and exclusions in this clause apply only to the extent permitted by law. Business customers. Where our services are supplied for the purposes of your business, all parties are in trade, and you agree in writing that the Consumer Guarantees Act does not apply, the limitations and exclusions in this clause apply in full as a fair and reasonable allocation of risk between commercial parties given the modest fee. Exclusion of consequential losses. To the maximum extent permitted by law, we are not liable for any indirect, consequential, or special loss; loss of profit, revenue, or income; loss of opportunity; loss of any deposit; the costs of any failed or delayed property transaction; insurance outcomes; or any other consequential financial loss, in each case whether arising in contract, tort (including negligence), under statute, or otherwise. Cap on direct loss. To the maximum extent permitted by law, our total liability for any direct loss arising from or in connection with an assessment is limited to the greater of (a) the fee paid for that assessment, or (b) any amount required by your non-excludable rights under the Consumer Guarantees Act or other applicable consumer law. No guarantees of future condition. We do not provide a guarantee of leak diagnosis, waterproofness, structural soundness, or the long-term condition of the roof. The assessment letter is an opinion based on what was visible and accessible on the day. Additional professional advice for major decisions. Where a decision of significant financial consequence is involved (such as a property purchase, sale, or insurance claim), we recommend you obtain additional professional advice (for example, a registered building inspector, structural engineer, or Licensed Building Practitioner) and do not rely solely on our assessment letter.

8. Assessment letter is for the named client only. Our assessment letter is prepared solely for the use and benefit of the named client who engaged and paid for the assessment. It is not intended for, and we accept no responsibility or duty of care to, any other person who reads or relies on the assessment letter, including without limitation prospective property purchasers, vendors, lessees, lessors, banks and other lenders, mortgage brokers, insurers, valuers, builders, and any other third party. No assumption of responsibility is made to any non-client reader. If you share the assessment letter with any third party, you do so at your own risk and theirs. Our standard practice is to include a prominent disclaimer on the first page of every assessment letter. You agree not to alter, remove, or obscure that disclaimer, and to take reasonable steps to ensure any third party with whom you share the letter is on notice of these terms. If you intend to use our assessment letter for a specific third-party purpose (for example, a mortgage application, an insurance claim, or sharing with a prospective purchaser), please tell us before the inspection. We may decline that purpose, or may agree to a separate engagement on different terms and fees that reflect the additional scope and exposure. The standard engagement does not extend to such purposes.

9. If you want pricing for remedial work: separate engagement. What we offer, and what you are paying for, is the roof inspection and assessment letter. Pricing for remedial work is not part of our inspection service and you are under no obligation to ask for it or to accept any pricing we facilitate. If you ask for pricing on remedial work identified in the assessment, we may provide pricing on behalf of a roofing business with which we have a commercial arrangement. Where we do, we are acting in a separate sales capacity for that roofing business, not under the Aerial Assess NZ name. We will make this clear at the time. You are under no obligation to use the roofing business we put pricing forward on behalf of. We encourage you to obtain pricing from any other contractor of your choice, particularly for work of significance. Aerial Assess NZ does not carry out roofing repairs, maintenance, or any physical work on roofs. Any contract for remedial work is entered into directly between you and the roofing business that quotes for it. Aerial Assess NZ is not a party to that contract in any capacity (not as a contractor, subcontractor, agent, principal, or guarantor), and we have no liability for the quality, cost, timeline, scope, or outcome of any remedial work carried out by that business. Any quote, scheduling, invoice, or other communication relating to remedial work will come from the roofing business directly, on its own letterhead and through its own channels. Payment for remedial work is made by you to that business directly. Aerial Assess NZ does not hold deposits, accept payment, or otherwise handle money on behalf of any roofing business in respect of remedial work. The fee for our inspection is charged and payable regardless of whether you ask for pricing on remedial work, accept any pricing offered, or proceed with any work. It is not adjusted by reference to any remedial-work decision.

10. Drone operations. Where drone equipment is used, we operate in accordance with the Civil Aviation Act 1990 and Civil Aviation Rules Part 101 (or Part 102 where applicable). Our standard operating limits include: visual line of sight at all times, daylight operations, maximum 120 metres above ground level, minimum 4 km from aerodrome boundaries unless arrangements have been made with air traffic control, and no flight over persons or vehicles without consent. By engaging us you warrant that you have authority to consent to drone overflight of the subject property, and that you are not aware of any reason the property cannot be lawfully overflown. If the property is leased, shared, or otherwise not under your sole control, you have obtained any necessary consents from the owner or co-occupiers. We take reasonable steps to avoid overflight of neighbouring property. Where overflight of a neighbour's property may be required to carry out an effective inspection, we will either obtain neighbour consent or limit our flight path. We may decline to proceed where appropriate consents cannot be obtained. You consent to aerial photography and video footage being taken of the subject property for the purposes of the inspection and the assessment letter. We take reasonable steps to avoid incidental capture of neighbours, vehicles, or persons not connected with the assessment. Where any incidental capture occurs, we will not publish or share that material without further consent. Drone footage and photography remains the property of Aerial Assess NZ. We may use anonymised footage (with property address and identifying features removed or obscured) for internal training, quality, or insurance purposes. Any use of identifiable footage for marketing, portfolio, or case-study purposes requires your separate written consent. Strict liability for damage caused by an aircraft (including a drone) under section 97 of the Civil Aviation Act 1990 applies as between the operator and any person who suffers damage and is not affected by these terms. We hold appropriate aviation/UAV liability insurance for our operations.

11. Site safety, access, and your warranties. You warrant that you have informed us of all known hazards on or around the property that may affect our ability to carry out the inspection safely, including any structural defects, fragile roof surfaces, suspected asbestos, electrical hazards, unsecured animals, or other risks. Where you become aware of such a hazard before our attendance, you will tell us promptly. We may decline to commence, or may pause or end, an inspection at our discretion on safety grounds. Where we do, we will offer to reschedule (see clause 13).

12. Payment. Fees are agreed prior to attendance. We are GST registered and all fees quoted are inclusive of GST unless expressly stated otherwise in your booking. The inspection fee is payable on invoice. Payment is due within 7 days of invoice unless we have agreed otherwise in writing. Overdue amounts may attract interest at 2% per month, calculated daily and compounding monthly. You are responsible for reasonable debt-collection costs we incur in recovering unpaid amounts. If you dispute any part of an invoice, please tell us in writing within 7 days of the invoice setting out the basis of the dispute. The undisputed portion of the invoice remains payable in accordance with this clause. The inspection fee is independent of any decision about remedial work (see clause 9) and is payable in full regardless.

13. Cancellation and rescheduling. If you cancel or reschedule with more than 24 hours' notice before the scheduled attendance, no cancellation fee applies. If you cancel or reschedule with 24 hours' notice or less, up to 50% of the inspection fee may be charged. If we have already attended site, the full inspection fee is payable. If we attend site and cannot carry out the inspection due to access denial or any cause within your control, the full inspection fee is payable. If we need to cancel or reschedule for safety, weather, equipment, health, or other reasons reasonably outside our control, we will offer the next available time and you will not be charged. If a reschedule is not possible, any fee paid will be refunded.

14. Dispute resolution. If a dispute arises in connection with our service, please raise the matter with us in writing setting out the issue and what you are seeking. We will respond in writing within 14 days. If the matter is not resolved within a further 14 days, either party may bring the matter to the Disputes Tribunal where it has jurisdiction, or to the New Zealand courts. Nothing in this clause prevents either party from seeking interim or injunctive relief from a court.

15. Force majeure. Neither party is liable for any delay or failure in performing its obligations under these terms to the extent that the delay or failure is caused by an event reasonably outside its control, including weather, natural disaster, illness, pandemic, equipment failure, or third-party action. The affected party will give prompt notice and the parties will discuss reasonable steps to mitigate.

16. Privacy. We handle your personal information in accordance with the privacy notice set out in Part B below. The privacy notice explains what we collect, why, how we store it, who we may share it with (including, in connection with clause 9, a roofing business with which we have a commercial arrangement), and your rights under the Privacy Act 2020.

17. Severability and entire agreement. If any provision of these terms is held to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision is to be modified to the minimum extent necessary to make it enforceable while preserving its intent. These terms, together with the booking confirmation and any written variation we agree, constitute the entire agreement between you and us in respect of the inspection and supersede any prior representations, communications, or agreements.

18. Assignment. You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations to a successor entity (for example, on incorporation as a limited liability company) on notice to you.

19. Governing law. These terms are governed by the laws of New Zealand. Any disputes will be subject to the jurisdiction of the New Zealand courts and the Disputes Tribunal where it has jurisdiction.

20. Changes to these terms. We may update these terms from time to time. The current version will always be available on our website. Where you have an active booking, we will notify you of any material change by email.

PART B: PRIVACY NOTICE.

21. Who handles your information. Aerial Assess NZ is the agency responsible for handling your personal information under the Privacy Act 2020. A privacy officer has been designated as required by section 201 of the Act and is responsible for handling privacy queries and complaints. The privacy officer can be reached by email at ryan@aerialassess.co.nz.

22. What information we collect. When you enquire about or engage our services, we may collect: your name; your email address; your phone number; the address of the property you're enquiring about or to be inspected; the nature of your enquiry and any further information you choose to provide; information about the property, including from publicly available sources (for example, council records, rateable value, LIM information where you provide it); photographs and drone footage of the subject property taken in the course of our inspection; site notes and observations recorded during our inspection; and any communications between us (emails, phone calls, text messages, photographs you send us). When you visit our website, our hosting provider (Netlify) and our form provider (Netlify Forms) may collect technical information including IP address, browser type, submission timestamps, and pages visited through cookies and similar technologies. When you submit an enquiry through our website, we use a third-party IP geolocation service to derive an approximate location (city, region, country) from your IP address; this is included with your enquiry to help us provide a faster, location-aware response. Where we have enabled it, Google Analytics 4 may also collect website usage information. We use all of this for website performance, security, and service-improvement purposes. We do not collect payment information through this website.

23. Why we collect it. We collect your information to: respond to your enquiry and arrange your inspection; carry out the inspection and prepare your written assessment letter; communicate with you about the inspection, the assessment letter, and any follow-up; where you ask for it, facilitate pricing on remedial work from a roofing business with which we have a commercial arrangement (see clause 25); maintain business records for tax, regulatory, insurance, and risk-management purposes; and improve our website and services through analytics. We do not use your information for marketing without your consent.

24. How we store it and how long. Your enquiry is sent to us through our website (hosted on Netlify, with form submissions delivered by email through Netlify Forms). We store inspection records (including assessment letters, site notes, photographs, and drone footage) on password-protected devices and cloud accounts. We use two-factor authentication where available, and take reasonable steps to keep your information secure. Some of the services we use (including Netlify and Google) process data on servers outside New Zealand, including in the United States. Where your personal information is transferred outside New Zealand, we take reasonable steps to ensure it is protected in accordance with section 22 of the Privacy Act 2020. We retain inspection records for seven years from the date of inspection. This aligns with the civil claim limitation period under the Limitation Act 2010. After that period we delete or anonymise the information unless we are required by law to keep it for longer.

25. Who we share it with. We do not sell or trade your personal information. We may share your information in the following circumstances. (a) Roofing business: where you ask for pricing on remedial work. Where you ask us to facilitate pricing on remedial work, we may share your name, contact details, property address, and assessment letter with a roofing business for the purpose of preparing pricing for you. We have a commercial arrangement with that roofing business. You are under no obligation to use that business and may ask us not to share your details with them. The inspection fee is independent of any decision you make about remedial work. (b) Service providers. We may share your information with service providers who help us operate the business, for example, our hosting provider (Netlify), our domain provider (GoDaddy), the third-party IP geolocation service used at the point of enquiry submission, our email provider, our accountant, and our insurers. These providers are bound to use the information only for the purpose for which we provide it. (c) Where you ask us to share. We may share your information with a third party (for example, your insurer, your lawyer, or a prospective purchaser) where you ask us to do so, or where you have given us clear permission. (d) Where required by law. We may disclose your information where we are required to do so by law, for example, to comply with a court order, a Police request, or a regulatory investigation.

26. Drone footage and incidental capture. When we use drone equipment to inspect your property, we collect aerial photographs and video footage. This footage is held as part of your inspection record and is retained on the same basis as our other records (see clause 24). We take reasonable steps to avoid incidental capture of neighbours, vehicles, or persons who are not connected with the inspection. Where any incidental capture does occur, we do not publish or share that material without further consent. Drone footage remains our property. We may use anonymised footage (with property address and identifying features removed or obscured) for internal training, quality, or insurance purposes. Any use of identifiable footage for marketing, portfolio, or case-study purposes requires your separate written consent. This is also set out in clause 10.

27. Cookies and analytics. Our website is hosted on Netlify, which may set cookies and similar technologies necessary to operate the site and provide functionality such as web forms and bot protection. Where we have enabled Google Analytics 4, it uses cookies to collect aggregated information about how visitors use the site. You can disable cookies in your browser settings; doing so may affect website functionality.

28. Your rights. Under the Privacy Act 2020 you have the right to: ask what personal information we hold about you; request access to that information; request correction of any information that is inaccurate, incomplete, or out of date; ask us to delete your information, subject to any legal retention obligations; and withdraw any consent you have given for further disclosure (for example, to a roofing business). We will respond to access and correction requests within 20 working days as required by the Act. If you are not satisfied with how we have handled your information or your request, you have the right to complain to the Office of the Privacy Commissioner: privacy.org.nz or 0800 803 909.

29. Privacy breaches. We take privacy seriously and have processes in place to identify and respond to privacy breaches. In the event of a privacy breach that has caused, or is likely to cause, serious harm to any affected person, we will notify the Office of the Privacy Commissioner and the affected person as required by section 117 of the Privacy Act 2020.

30. Children. Our services are not directed at children. We do not knowingly collect personal information about children. If you believe we have collected information about a child, please contact us and we will take appropriate steps.

31. Changes to this notice. We may update this privacy notice from time to time. The current version will always be available on our website. Where a change is material and you have an active engagement with us, we will notify you by email.

32. Contact. For privacy queries, please email ryan@aerialassess.co.nz. This notice applies to information collected through our website and in connection with our roof assessment services.