Terms of Trade

CADSERV — TERMS OF TRADE

Effective date: 28th August 2026

These Terms of Trade apply to all services provided by Cadserv (“Cadserv”, “we”, “us” or “our”) to the person, company or entity purchasing those services (“Purchaser”, “you” or “your”).

By accepting a quotation, instructing Cadserv to commence work, providing instructions or information for the work, or otherwise engaging Cadserv to provide services, the Purchaser agrees to be bound by these Terms of Trade unless otherwise agreed by Cadserv in writing.

1 SERVICES

Cadserv provides computer-aided design, drafting, modelling, engineering support and related technical services as agreed with the Purchaser.

The scope of work will be based on the quotation, written instructions, drawings, specifications and other information supplied by the Purchaser.

Unless expressly agreed otherwise in writing, Cadserv’s services are provided on an hourly-rate basis.

Cadserv may use employees, contractors and subcontractors to perform the services.

2 QUOTATIONS AND ESTIMATES

Any quotation or estimate provided by Cadserv is based on the information available to Cadserv at the time it is prepared.

Unless expressly stated otherwise, quotations are estimates only and are not a fixed-price contract.

Additional work arising from changes to the Purchaser’s requirements, inaccurate or incomplete information, design changes, rework, or circumstances outside Cadserv’s reasonable control may be charged at Cadserv’s applicable rates.

Where practicable, Cadserv will advise the Purchaser of significant additional costs before undertaking additional work.

3 HOURLY RATES AND WORKING HOURS

Cadserv’s applicable hourly rates will be those stated in the quotation or otherwise agreed in writing.

Where an ongoing weekly engagement is agreed, the anticipated workload will ordinarily be based around a 40-hour working week unless otherwise agreed.

Actual hours may be varied by agreement according to project requirements.

Cadserv may charge for reasonable time spent on project management, communication, meetings, travel, administration, preparation, design review and other activities reasonably required to complete the agreed work.

4 INVOICING AND PAYMENT

Unless otherwise agreed in writing, Cadserv will issue invoices weekly.

Standard invoices are due for payment 7 days from the invoice date.

For large ongoing projects where monthly accounts have been agreed, invoices will be issued monthly and payment will be due on the 20th of the month following the month in which the work was performed.

The Purchaser remains responsible for payment of all properly invoiced amounts notwithstanding any subsequent dispute concerning other amounts.

Any undisputed portion of an invoice remains payable by the original due date.

5 DISPUTED ACCOUNTS

If the Purchaser believes an invoice is incorrect or wishes to dispute an amount, the Purchaser must notify Cadserv in writing within 7 days of receiving the invoice, identifying the amount being disputed, the reason for the dispute, and any supporting information reasonably available.

The Purchaser must pay all undisputed amounts by the applicable due date.

Failure to raise a dispute within this period does not necessarily prevent a genuine dispute being considered, but Cadserv reserves the right to rely upon the invoice and surrounding records as evidence of the amount owing.

6 OVERDUE ACCOUNTS

An account becomes overdue immediately after the applicable payment due date has passed.

Cadserv reserves the right, without further liability to the Purchaser, to suspend work, decline further work, withhold deliverables, suspend access to project files, require payment of outstanding amounts before recommencing work, and/or require payment in advance for future work.

Suspension or cessation of work due to overdue accounts will not constitute a breach of contract by Cadserv.

The Purchaser remains liable for all amounts owing notwithstanding any suspension or cessation of work.

7 INTEREST ON OVERDUE ACCOUNTS

Cadserv reserves the right to charge interest on overdue amounts at current market rates per annum, calculated from the original payment due date until payment is received in full.

Interest may be charged in addition to any reasonable debt recovery costs permitted under these Terms of Trade.

8 DEBT RECOVERY COSTS

If any account remains unpaid and Cadserv considers it necessary to refer the account to a debt collection agency, solicitor, legal representative or other external recovery service, the Purchaser agrees to pay all reasonable costs incurred by Cadserv in recovering the overdue amount.

These costs may include debt collection fees, legal costs, filing fees, court or tribunal fees and other reasonable recovery costs.

9 APPLICATION OF PAYMENTS

Unless otherwise agreed by Cadserv in writing, payments received may be applied first towards recovery costs and interest, then towards the oldest outstanding principal amount.

Cadserv may determine how payments are allocated where multiple invoices are outstanding.

10 CLIENT-SUPPLIED INFORMATION

The Purchaser is responsible for ensuring all drawings, dimensions, specifications, measurements, instructions, photographs, models, reference material and other information supplied to Cadserv are accurate and complete.

Cadserv is entitled to rely upon information supplied unless Cadserv has expressly agreed in writing to independently verify that information.

Cadserv will not be responsible for additional work, rework, delays or costs arising from inaccurate, incomplete or subsequently changed information supplied by the Purchaser.

11 DESIGN, DRAFTING AND ENGINEERING RESPONSIBILITY

Cadserv provides CAD, drafting, modelling and related technical services.

Unless expressly stated otherwise in writing, Cadserv employees and contractors are not registered or qualified engineers and Cadserv does not provide engineering certification or professional engineering approval.

The Purchaser is responsible for independently assessing and approving the suitability of all designs, drawings, dimensions, specifications, models and other deliverables.

The Purchaser is responsible for ensuring compliance with all applicable legislation, regulations, standards, codes and certification requirements.

12 REVIEW AND APPROVAL OF WORK

The Purchaser is responsible for reviewing all deliverables before manufacture, construction, fabrication or use.

Where Cadserv provides drawings or other deliverables for review, the Purchaser must check them and notify Cadserv of any errors, omissions or required changes before manufacture or construction proceeds.

Once the Purchaser approves or authorises manufacture, construction or use, the Purchaser accepts responsibility for that decision.

13 CHANGES, ADDITIONAL WORK AND REWORK

Changes to an approved design, drawing, model, assembly or specification may be charged at Cadserv’s applicable rates.

Additional work may also be charged where it results from changes to requirements, changes made after approval, inaccurate or incomplete information, changes made by third parties, manufacturing changes, requirements not included in the original scope, or circumstances outside Cadserv’s reasonable control.

14 ORIGINAL CAD FILES AND WORKING FILES

All original CAD files, models, assemblies, drawings, electronic working files and other files created or maintained by Cadserv remain the property of Cadserv until all amounts owing have been paid in full.

Delivery of original electronic working files is conditional upon payment in full unless otherwise agreed in writing.

The Purchaser’s pre-existing intellectual property remains the property of the Purchaser.

15 DRAWING AND FILE FORMAT

Cadserv will provide deliverables in the file formats agreed for the project.

Conversion into additional formats may be charged separately unless otherwise agreed in writing.

Cadserv is not responsible for compatibility issues arising from software versions, third-party software, file conversion or changes made after delivery.

16 ONSITE PROJECTS

Where Cadserv personnel are committed to a longer-term onsite project, the Purchaser must provide at least two weeks’ written notice of cancellation or material reduction of the agreed workload.

Cadserv may invoice for agreed or scheduled hours during the notice period where personnel cannot reasonably be reallocated.

Travel, accommodation and other reasonable expenses may be charged unless expressly included in the quotation.

17 PROJECT DELAYS

Cadserv will make reasonable efforts to meet agreed project timeframes.

Cadserv will not be responsible for delays caused by late instructions, incomplete or inaccurate information, changes to requirements, delays in approvals, third-party suppliers, manufacturing changes, software or hardware failures, or other circumstances beyond Cadserv’s reasonable control.

18 CADSERV PERSONNEL — DIRECT EMPLOYMENT OR ENGAGEMENT

The Purchaser must not directly or indirectly employ, engage or retain the services of any Cadserv employee or contractor engaged by or introduced to the Purchaser, during the engagement and for 6 months after termination, without Cadserv’s prior written consent.

If Cadserv agrees, the Purchaser must pay a transfer/recruitment fee equal to 12% of the person’s proposed annual remuneration, subject to a minimum fee of $10,000 plus GST.

This provision applies to direct or indirect employment, contracting, consulting, subcontracting or other arrangements intended to circumvent Cadserv’s consent.

19 CONFIDENTIALITY

Each party must keep confidential information received from the other party confidential and must not disclose such information except where required by law, necessary to perform the services, authorised by the other party, or already publicly available.

20 THIRD-PARTY SERVICES AND INFORMATION

Cadserv will not be responsible for inaccuracies or failures originating from third-party information, products, software, specifications or services.

Where specialist services are required, Cadserv may recommend or coordinate with third parties, but the Purchaser remains responsible for engaging and approving those third parties unless otherwise agreed in writing.

21 LIMITATION OF LIABILITY

To the maximum extent permitted by law, Cadserv will not be liable for indirect, consequential, special or economic loss, loss of profits, loss of production, loss of business, loss of opportunity or other consequential loss.

The Purchaser acknowledges that Cadserv provides CAD, drafting and design services and remains responsible for reviewing and approving the suitability of the resulting design.

22 WARRANTY AND CORRECTION OF WORK

Cadserv will use reasonable care and skill in providing its services.

If the Purchaser identifies an error or omission directly attributable to Cadserv’s work, Cadserv may, at its discretion, correct the relevant work.

This does not apply where the issue arises from information supplied by the Purchaser, changes made by the Purchaser or a third party, use outside intended purpose, failure to review or approve, manufacturing or construction processes, or circumstances outside Cadserv’s reasonable control.

23 TERMINATION

Either party may terminate an ongoing project by providing the notice period agreed for that project.

Cadserv may terminate or suspend services immediately where an account is materially overdue, the Purchaser becomes insolvent, materially breaches these Terms, provides misleading information, or continuing the engagement would place Cadserv or its personnel at unreasonable risk.

All outstanding invoices and amounts owing become immediately payable upon termination where permitted by law.

24 RETENTION OF RECORDS

Cadserv may retain copies of drawings, CAD files, correspondence, approvals, instructions and other project records for business, legal, accounting, insurance and quality-control purposes.

25 FORCE MAJEURE

Cadserv will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, serious illness, interruption of utilities or communications, computer or software failures, industrial action, supply disruption, government action or other events outside Cadserv’s reasonable control.

26 DISPUTES

The parties will endeavour to resolve any dispute through good-faith discussion before commencing formal proceedings.

Nothing prevents Cadserv from taking reasonable steps to recover an overdue debt or protect its legal or commercial interests.

27 GST

Unless expressly stated otherwise, all prices and charges quoted by Cadserv are exclusive of GST. GST will be added where applicable.

28 GOVERNING LAW

These Terms of Trade are governed by the laws of New Zealand. The parties submit to the jurisdiction of the New Zealand courts and tribunals having appropriate jurisdiction.

29 CHANGES TO THESE TERMS

Cadserv may update these Terms of Trade from time to time. The Terms applying to a particular project will be those accepted at commencement unless otherwise agreed in writing.

30 SEVERABILITY

If any provision is found to be invalid, unlawful or unenforceable, that provision will be severed or modified to the minimum extent necessary and the remaining provisions will continue in full force and effect.

31 ENTIRE AGREEMENT

These Terms, together with any quotation, project agreement or other written agreement expressly accepted by Cadserv, constitute the agreement between Cadserv and the Purchaser concerning the relevant services.

If there is an inconsistency between these Terms and a specific written project agreement signed or expressly accepted by Cadserv, the specific written agreement will prevail to the extent of the inconsistency.