Customer: Any body corporate, company, trust or other entity that operates property under a Unit Title and enters into an agreement for service with 10 Year Plans Limited.
10 Year Plans: 10 Year Plans Limited.
Plan: A long-term maintenance Plan according to Section 116 of the Unit Titles Act 2010.
By submitting a quotation to a potential Customer for the preparation of a long-term maintenance Plan, 10 Year Plans is making an offer which if accepted by the Customer, becomes an agreement binding on both parties under these term and conditions.
When a person signs a quotation offered by 10 Year Plans, they are making a declaration that they have the authority to bind the organisation they represent.
Once the Customer has signed and returned the quotation, a binding contract is in place and the Customer may not terminate the contract without the written consent of 10 Year Plans.
Once the Customer has accepted 10 Year Plan’s quotation and offer, 10 Year Plans with then ask the Customer to provide information to 10 Year Plans that will be necessary in order for 10 Year Plans to prepare the Plan. The Customer will fulfil 10 Year Plan’s request within a reasonable period of time otherwise 10 Year Plans will be entitled to terminate the agreement.
10 Year Plans provides quotations to potential Customers in good faith based on the information provided by the Customer and makes the assumption that this information is accurate and complete. The information provided by the Customer is used to determine the time and costs expected to prepare the Plan and if it is later found that the information is incorrect, 10 Year Plans reserves the right to alter the fee using the correct information.
The Customer is the sole decision maker in regard to the appointment of contributors and 10 Year Plans takes no responsibility in regard to who is appointed to make contributions in any area or field. 10 Year Plans may suggest names of contractors and suppliers for the Customer to consider, but the final decision of who is to be appointed is the sole responsibility of the Customer.
Part of the information the Customer must provide to 10 Year Plans will be the names and contact details of the Customer’s current and/or preferred suppliers. In order to complete the Plan these suppliers will need to provide content to 10 Year Plans within a reasonable period of time. If the Customer’s nominated suppliers fail to deliver within a reasonable period of time 10 Year Plans will invite the Customer to provide an alternative supplier. In the event that no supplier can be found to provide content for any particular element and the Plan will be incomplete without that information, 10 Year Plans is entitled to cancel the agreement and charge the Customer for the time involved up until the cancellation at 10 Year Plan’s standard hourly rate.
If a supplier nominated by the body corporate wishes to charge a fee for supplying the information required by 10 Year Plans this will be at the cost of the body corporate.
The Customer will be entitled to make changes to a draft of the Plan before the final Plan is issued. There will be no additional charges for the time involved in preparing the draft and incorporating the changes requested by the Customer, however, if any further changes are requested to be made to the Plan after the changes to the draft have been processed, these will be at the Customer’s cost.
The Customer will pay 10 Year Plans a progress payment calculated to be 30% of the fee, on or before the seventh day after the delivery of the draft.
All elements of the Customer’s property that are expected to require maintenance during the period covered by the Plan, must be included in the Plan, unless the Customer has chosen not to include a particular item or items and provided for that under the terms laid out in S30 (1) (b) of the Unit Titles Regulations 2011.
If the Customer insists on not including all items in the Plan, other than provided for in 10 above, 10 Year Plans reserves the right to cancel the agreement and invoice the Customer for the time involved up until the termination of the agreement.
With 10 Year Plans written agreement, the Customer may include items in the Plan that would not otherwise be regarded as maintenance items. 10 Year Plans will use the same formula to calculate the additional fee for the inclusion of these items as is used for maintenance items.
10 Year Plans makes no warranties whatsoever that the contents of the Plan are complete and accurate. 10 Year Plans does provide content and uses its best endeavours to ensure the recommendations it makes are in the best interest of the customer. However, it does not review, audit or check the recommendations provided by other contributors.
10 Year Plans and accepts without reservation the statements, recommendations and quotations made by contributors. 10 Year Plans makes no checks and carries out no analysis on any contributor’s qualifications or against the credibility or accuracy of their content or recommendations.
If it is claimed by any person or organisation, that the document provided by 10 Year Plans does not comply with the requirements of the Unit Titles Act 2010 and/or the Unit Titles Regulations 2011, the Customer will grant 10 Year Plans the opportunity and right to contest the claim or claims.
If 10 Year Plans accepts and agrees that the Plan may not comply with the Act, the Customer will grant 10 Year Plans the opportunity to amend the Plan so that it does comply. Any such changes and amendments will be at the cost of 10 Year Plans.
10 Year Plan’s role and responsibility ends with the delivery of the Plan to the Customer and has no further role to play in the Customer’s maintenance. 10 Year Plan’s sole duty is to build and supply the long-term maintenance plans and has no responsibility for or involvement with the Customer’s actual maintenance of its property.
10 Year Plans accepts no deadlines or delivery dates for draft or final Plans. The Customer may request a preferred delivery date for the draft or final Plan but 10 Year Plans makes no guarantees that the draft or final Plan will be delivered by that date or any other date.
The Plan prepared by 10 Year Plans remains the property of 10 Year Plans until paid for in full. Until full and final payment is received the Customer may not use the Plan for any purpose without the written consent of 10 Year Plans. At any time after the Customer is in default of these terms, 10 Year Plans may require the Customer to return the Plan to 10 Year Plans Limited at the Customer’s cost. Returning the Plan does not cancel the Customer’s duty to pay 10 Year Plans and 10 Year Plans may use any endeavour to force the Customer to pay. Once full and final payment has been made, 10 Year Plans will return the Plan to the Customer.
10 Year Plans may charge penalty interest of 10% if the Customer does not pay its account on time.
10 Year Plans may charge the Customer for any reasonable costs incurred when pursuing payment from the Customer.
The Customer may not make copies of the Plan, in full or in part, before 10 Year Plans has received full and final payment, without its written consent.
Once 10 Year Plans has received full and final payment, the content of the Plan becomes the property of the Customer. However the design, layout, format, form, style, method, systems and processes remain the property of 10 Year Plans.
10 Year Plans claims copyright and ownership of the intellectual property of the design, layout, format, form, style, method, systems and processes used to build long-term maintenance Plans.
The Customer may not modify or alter the final Plan in any way once it has been delivered by 10 Year Plans without the written consent of 10 Year Plans.
10 Year Plans will provide no refunds.
Unless expressly prohibited by the Customer in writing, 10 Year Plans may publish images on its website, or in promotional material, of the Customer’s property along with a statement or reference that 10 Year Plans has acted for the Customer.
This agreement shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this agreement shall not constitute a waiver as to that or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this agreement.
10 Year Plans will treat all information in accordance with the provisions of the Privacy Act 1993 and other relevant New Zealand legislation.
A DIY Plan is an option offered by 10 Year Plans to potential Customers allowing them to undertake some of the administrative work using their own time and resources to reduce the corresponding time 10 Year Plans needs to spend on the plan and the fees needed to recover the cost of that time from the Customer.
While the DIY Plan is most likely to be of interest to smaller unit title developments, 10 Year Plans places no restrictions on the size of form of the development that may take up the option.
Once the Customer has accepted the quotation for a DIY Plan, 10 year Plans will supply the Customer with instructions, forms and templates so that they can successfully collect the information required to complete the plan.
To build a DIY Plan the Customer is responsible for arranging the collection of all information from contributors necessary to complete the plan. The Customer is also responsible for delivering that information to 10 Year Plans in a manner that allows them to incorporate it into the plan without the need to make further contact with contributors or carry out any other research or investigation. Any time 10 Year Plans is required to spend gathering and interpreting information, as opposed to packaging it, will be at the cost of the Customer in addition to the quoted price.
The Customer may upgrade a DIY Plan to a full long-term maintenance plan. 10 Year Plans will provide a new quotation for this, taking into consideration any fees already paid by the Customer and any work already carried out for the Customer by 10 Year Plans.