EXCLUSIONS

No PropertyPlans service is a property inspection under NZS 4306:2005, a building survey, a compliance certificate, a LIM review, a valuation or legal advice. Our services do not include or assess: as-built drainage against council drainage records; defects, deterioration or maintenance requirements; concealed, inaccessible or below-ground elements; weathertightness or structural adequacy; legal title, easements, covenants, cross-lease or body corporate instruments; building warrant of fitness or compliance schedule items; planning and resource consent compliance; heritage obligations; tenancy inspections; or review or analysis of any LIM. Cabinetry and loose furniture are shown as observed but are not compared against council records.

A clean comparison result means no material geometric differences were identified in what could be scanned and compared on the day. It does not mean the property complies with its consents or the Building Code. Differences identified in a report may have innocent explanations, including consented amendments, exempt work under Schedule 1 of the Building Act 2004, or errors in the record, and whether any difference involves unconsented work is a matter for further investigation by appropriately qualified professionals.

TERMS OF ENGAGEMENT, VERSION 3.1

1. WHO WE ARE AND WHAT THESE TERMS COVER

1.1 These terms apply between Jurado Architects Limited, trading as PropertyPlans (PropertyPlans, we, us), and the person or entity who purchases a PropertyPlans service (the Client, you). They apply to every order placed through propertyplans.io or accepted by us in writing, together with the Engagement Summary for your order. They replace all earlier versions from the version date shown on this page; orders already accepted remain on the terms in force when they were accepted.

1.2 PropertyPlans provides property record and as-built documentation services. We locate issues, check them against the council's records, and report. We do not repair, remediate, certify or sign off anything we find, and we have no financial interest in any subsequent repair, remediation or consultancy work. Our fee is fixed at the time of order and is payable regardless of what our report finds.

1.3 The individuals who perform or review the services do so in the course of their employment or engagement with the company. Your contract is with the company alone; no director, employee, reviewer or contractor of PropertyPlans assumes any personal duty of care or personal liability to you, and every protection in these terms extends to each of them (Protected Persons) and is enforceable by them under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

2. THE SERVICES

2.1 The services you have purchased are identified in your order and Engagement Summary, and are one or more of: (a) Plan Comparison Report: a LiDAR scan of the accessible interior (and, where included, exterior) of the building; preparation of as-built 2D plans at LOD 100; retrieval of the building consent floor plans held on the territorial authority's property file; an overlay comparison; and a written report identifying differences between the as-built plans and the council record copy, rated on the published Record Alignment Rating scale. (b) Council Records Review: a desktop review of the territorial authority's property file for the property, and a written report of the consent history, discrepancies within the record, and matters warranting further investigation; no site visit or scan is performed unless combined with (a). (c) Combined Property Report: both (a) and (b) for the same property in a single engagement.

2.2 What no PropertyPlans service is: see the Exclusions above, which form part of these terms. Our report identifies differences and record issues so that you and your professional advisers can investigate them. It is a starting point for due diligence, not a substitute for it, and it is not a recommendation to buy, sell, lend against, insure or alter any property.

2.3 Accuracy, tolerances and materiality. As-built plans are prepared at LOD 100 through the Twindo (formerly Canvas.io) scan-to-CAD process, whose published specification is that most measurements fall within 1 to 2 percent of manually verified dimensions when scanning best practice is followed; we take check measurements on site each job. Council record plans are copies of scanned and reprinted documents and commonly carry dimensional distortion of 100 to 500 millimetres or more; the council record is compared as provided, and we do not warrant its accuracy, scale or completeness. Each report states the materiality threshold applied: differences within the combined tolerance of the scan and the record are not reported as discrepancies, and visual mismatch of overlays within tolerance is expected and is not a defect in the services.

2.4 Council records. We request the property file from the territorial authority after your order. File release times, content, completeness and fees are outside our control. Records may be missing, illegible, undigitised or wrongly indexed; the absence of a document from the file is reported as such and is not proof that consent was or was not obtained. If the authority cannot supply usable floor plans, clause 5.4 applies.

3. YOUR OBLIGATIONS

3.1 Authority and access. You warrant that you are entitled to order the services for the property, and that you have obtained every consent needed for us to enter and scan it, including from the owner or vendor (where you are a purchaser), the occupier, and any tenant. You will arrange safe, lawful and unobstructed access to all interior spaces at the confirmed appointment time. For tenanted residential premises, the landlord must give notice as the Residential Tenancies Act 1986 requires; for commercial premises, access is to be arranged in accordance with the lease.

3.2 Areas we cannot access. Rooms or areas that are locked, obstructed, unsafe or excluded by the occupier are not scanned. The report records areas not captured and the reason. We are not liable for anything a report does not cover because access was not provided, and no re-visit is included in the fee.

3.3 Information you provide. We may rely on information you or your agents provide, including the property address, ownership and access arrangements, without independent verification, and we are not liable for any consequence of that information being inaccurate, incomplete or misleading.

3.4 Aborted visits. If a confirmed site visit cannot proceed or be completed because access, notice or safety arrangements you were responsible for were not in place, a re-attendance fee (published on our website or quoted at the time) is payable before a new appointment is made.

4. FEES AND PAYMENT

4.1 Fees are as published at propertyplans.io or quoted in writing, are payable in full at the time of order through our online payment provider (or as invoiced for wholesale accounts), and are GST-inclusive where stated. Council property-file fees are included only where the published inclusions say so; territorial authority charges above the published inclusion are passed through at cost with your prior approval.

4.2 Our fees are not contingent on the content, rating or outcome of any report.

4.3 Wholesale and account clients: invoices are payable within seven (7) days of the invoice date, in cleared funds and without deduction, withholding or set-off. Interest may be charged on overdue amounts at 1.5% per month, compounding, calculated daily from the due date, and we may suspend services and withhold reports while any amount is overdue. You will pay the reasonable costs of recovering overdue amounts, including collection and legal costs on a solicitor and client basis.

5. CANCELLATIONS AND REFUNDS

5.1 You may cancel before the site visit and before we have requested the council property file: full refund.

5.2 You may cancel after the council file has been requested but before the site visit: refund less the council's fee and a NZ$150 administration fee.

5.3 Cancellation within one (1) working day of a confirmed site visit, or after the visit has occurred: no refund of the site-visit component; any product components not yet performed are refunded pro-rata.

5.4 If we cannot obtain usable council floor plans for a Plan Comparison Report, we will offer you the choice of (a) converting the order to a Council Records Review with a refund of the difference, or (b) cancelling with a refund less the council's fee and work reasonably performed.

5.5 Nothing in this clause limits your rights under the Consumer Guarantees Act 1993 where you are a consumer.

6. REPORTS, RELIANCE AND THIRD PARTIES

6.1 Each report is prepared solely for the Client named in it, for the purpose stated in it, as at the dates of the scan and record retrieval stated in it. Buildings and records change; a report speaks only as at its stated dates.

6.2 No one else may rely on your report. No duty of care is owed to, and no responsibility is assumed toward, any person other than the Client, including any purchaser, vendor, lender, insurer, valuer, agent or subsequent owner who obtains a copy. Any such person relies on the report entirely at their own risk and should commission their own report or advice.

6.3 Reliance letters. If your lender, insurer or another party requires the right to rely on a report, we may (at our discretion) issue a reliance letter to that party on our then-current terms and fee. This is the only way a third party obtains any rights in respect of a report.

6.4 You may provide the report to your own solicitor, valuer, lender or building consultant for the purpose of advising you; this does not give them independent rights against us.

6.5 A report may not be reproduced other than in full, and no rating, extract or plan may be used in marketing or sale material without our prior written consent.

6.6 Nature of findings. A finding in a report is a statement, made in good faith for the Client's due diligence, that geometry captured by the scan differs from the council record copy as received, or that documents within that record do not reconcile. A finding is not an allegation that any person has acted unlawfully, that building work is unconsented or non-compliant, or that any offence has been committed; differences may have innocent explanations, and reports say that a condition is not shown on the record reviewed rather than asserting its consent status. Ratings are applied under published criteria that are deliberately conservative: where a difference could engage structure, weathertightness or compliance, the more cautious classification must be applied. PropertyPlans gains nothing from any finding: its fee is fixed before the analysis begins and it performs no remedial work.

6.7 No publication or disparagement. Reports are provided for due diligence, not for publication. The Client must not publish a report or any finding, rating or extract, and must not use them to disparage any person, to promote or market any property or service, or in any public statement, without our prior written consent. A business client indemnifies PropertyPlans and the Protected Persons against claims, costs and losses arising from any use or disclosure of a report other than as these terms permit.

6.8 Referrals to other professionals. Where a report recommends further investigation, it identifies the class of professional appropriate to each finding (for example a chartered professional engineer, a licensed building practitioner of a stated class, a certifying plumber, gasfitter or drainlayer, an independent qualified person, a fire engineer, a registered valuer or a property lawyer) and, on request, we will point you to the public register or professional body directory for that class. PropertyPlans does not recommend, select, instruct or engage any particular practitioner, accepts no fee, commission or benefit in connection with any referral, and has no responsibility for the selection, engagement, work or advice of any practitioner you engage. Any remedy pathway, including confirmation of exempt work, an amendment to a building consent, an application for a certificate of acceptance, or physical remediation, is a matter between you, your advisers and the territorial authority.

7. THE RECORD ALIGNMENT RATING

7.1 Reports that include an overlay comparison state a Record Alignment Rating (RAR) from 1 to 5, applied using the published criteria matrix reproduced in every report. The RAR describes the degree of alignment between the as-built scan and the council record copy reviewed, within the report's stated scope, tolerances and access limitations.

7.2 The RAR is not a certificate, seal, approval, warranty, or assessment of building compliance, safety or value, and a RAR of 5 does not mean the property complies with the Building Code, its consents, or any other requirement. It means no material geometric differences were identified in what we could scan and compare on the day. A rating of 5 is uncommon in practice: most buildings that have been altered over their life will not achieve it.

8. SERVICE PROMISE AND COMPLAINTS

8.1 We stand behind the accuracy of our analysis. If you believe a report contains a material error, notify us in writing at reports@propertyplans.io within thirty (30) working days of delivery, identifying the error. We will acknowledge within two (2) working days and re-check the analysis.

8.2 If a material error in our analysis is confirmed, we will correct and reissue the report at no charge and, where the error substantially undermined the report's value to you, refund the fee for the affected component. This service promise operates in addition to, and does not limit, any rights you have under the Consumer Guarantees Act 1993 as a consumer.

9. LIABILITY

9.1 The services will be performed with the reasonable care and skill to be expected of a competent provider of property scanning and record-review services. Neither PropertyPlans nor any Protected Person accepts any duty, obligation or liability greater than or additional to that owed at law for a failure to exercise that care and skill, and nothing in these terms or any report is a guarantee or warranty of outcome or result.

9.2 Business clients. Where you acquire the services in trade, the parties agree that the Consumer Guarantees Act 1993 does not apply and record that it is fair and reasonable that they are bound by this clause. To the extent permitted by law, the total aggregate liability of PropertyPlans and the Protected Persons to a business client, in contract, tort (including negligence), equity or otherwise, is limited to the lesser of (a) five (5) times the fee paid or payable for the engagement and (b) NZ$25,000; and neither PropertyPlans nor any Protected Person is liable for indirect or consequential loss, or loss of profit, revenue, opportunity or value. These limitations do not apply to liability arising from fraud or dishonesty, or to liability that cannot lawfully be limited.

9.3 Consumers. Where you acquire the services as a consumer, nothing in these terms excludes or limits any right or guarantee under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded, and clause 9.2 applies only to liability beyond those rights and only to the extent the law permits.

9.4 No claim may be brought against PropertyPlans or any Protected Person unless proceedings are issued, or formal written notice of the claim is received by us, within six (6) years after delivery of the report or earlier termination of the engagement.

9.5 We rely on the completeness and accuracy of the council record as provided and of the information and access you provide; neither PropertyPlans nor any Protected Person is liable for any finding, omission or consequence to the extent it results from records or information that were inaccurate, incomplete, illegible, withheld or wrongly indexed, or from access not provided.

9.6 PropertyPlans maintains professional indemnity insurance appropriate to its services, subject to the policy's terms, exclusions, excesses and aggregate limits, and will use reasonable endeavours to maintain equivalent insurance while any liability under an engagement may exist, subject to such insurance remaining available on reasonable market terms. No representation is made that any particular claim will be accepted or indemnified, and this clause creates no rights against any insurer.

9.7 Each party will promptly notify the other of any claim or circumstance connected with an engagement that could give rise to a claim, and will not make any admission or settlement binding the other. Where our insurance could be engaged, no settlement binding us may be made without our insurers' prior consent, and neither party will prejudice any right of subrogation or recovery.

9.8 Incidental observations. If, during a site visit, a condition is observed that in the operator's opinion presents an imminent risk of serious harm to a person, we will, where reasonably practicable, draw it to the attention of the occupier and the Client in good faith. Doing so is not a service under the engagement and creates no duty of inspection, search, re-inspection or monitoring, and no duty in respect of conditions not actually observed.

9.9 No liability for reported differences. The differences a report identifies exist independently of PropertyPlans; a report only brings them to the Client's attention. To the extent permitted by law, neither PropertyPlans nor any Protected Person is liable for (a) the existence of any difference, or the cost of investigating or remedying it; (b) any consequence of a difference having been identified or reported in good faith, including any effect on a negotiation, transaction, price, valuation, insurance or lending decision; or (c) any decision made or not made by the Client or any other person in response to a report. PropertyPlans' responsibility, and the limitations in this clause 9, are confined to the performance of the services themselves with the care and skill described in clause 9.1. Nothing in this clause limits liability for a failure to exercise that care and skill, or any right of a consumer that cannot lawfully be excluded.

10. INTELLECTUAL PROPERTY AND YOUR LICENCE

10.1 All intellectual property in the scan data, models, plans and reports remains ours. On payment in full you have a non-exclusive, non-transferable licence to use the deliverables for the purpose stated in the Engagement Summary. Re-use for any other purpose, including marketing, resale or future building work, requires our prior written consent, which may carry a fee.

10.2 We may use anonymised, de-identified project data (with the address and client identity removed) for quality assurance and service development. We will not use identifiable images of your property in promotion without your consent.

11. PRIVACY

11.1 Personal information, including names, contact details and scan data that may incidentally capture interiors and belongings, is collected only for the purposes of the engagement, is protected using reasonable safeguards appropriate to its sensitivity, and is collected, used, disclosed and retained in accordance with the Privacy Act 2020 and our Privacy Policy. Scan data and reports are retained for at least seven (7) years for professional record-keeping and may then be securely destroyed without further notice. You may request access to or correction of personal information at reports@propertyplans.io.

12. HEALTH AND SAFETY

12.1 The person with management or control of the property retains the primary duty for it under the Health and Safety at Work Act 2015. Our operator will comply with reasonable site rules, take reasonable care, and may decline to enter or may leave any space considered unsafe, without liability; areas not scanned for safety reasons are recorded under clause 3.2.

13. WHOLESALE AND WHITE-LABEL SERVICES

13.1 Reports supplied for reissue under a partner's brand are provided only under a signed PropertyPlans Partner Agreement, which prevails over these terms for that channel. Until such an agreement is in place, white-label supply is by express written arrangement only. In every case: the partner is the issuer of the rebranded report and is solely responsible to its client; the partner must hold current professional indemnity insurance; our scope, exclusion, tolerance and rating provisions must be reproduced without alteration; and no rebranded report may state or imply preparation by a Registered Architect or by Jurado Architects Limited.

14. GENERAL

14.1 These terms, your order and the Engagement Summary form the entire agreement and replace all prior discussions. If they conflict, the Engagement Summary prevails for matter-specific details, but nothing in an Engagement Summary varies clauses 6, 9 or 13 unless expressly identified and signed by us.

14.2 Any variation must be in writing. No variation, assignment or assumption of duty to a third party that increases the liability of PropertyPlans or any Protected Person is effective without the prior written approval of our insurers.

14.3 Disputes: the parties will first attempt in good faith to resolve any dispute by direct negotiation within ten (10) working days of written notice, and failing that by mediation administered by a mediator agreed or, failing agreement, appointed by the Resolution Institute. Nothing prevents either party seeking urgent relief, or prevents us recovering undisputed fees.

14.4 If any provision is or becomes illegal or unenforceable, including as an unfair contract term, it is severed or read down to the minimum extent necessary and the remainder continues in force.

14.5 Neither party is liable for failure or delay caused by an event beyond its reasonable control, provided the affected party notifies the other promptly and resumes performance as soon as reasonably practicable.

14.6 A failure or delay in enforcing any right is not a waiver. Notices may be given by email to the addresses in the Engagement Summary or, for us, reports@propertyplans.io.

14.7 These terms are governed by New Zealand law and the parties submit to the exclusive jurisdiction of the New Zealand courts.

14.8 Clauses 6, 7, 9, 10, 11 and 14 survive completion or termination of the engagement.

DEFINITIONS

Client: the person or entity named in the order and Engagement Summary. Consumer: a person acquiring the services of a kind ordinarily acquired for personal, domestic or household use, other than in trade. Council record or property file: the documents held and released by the relevant territorial authority for the property. Engagement Summary: the per-job record of client, property, product, purpose and access confirmation, completed from your order details. LOD 100: a level of graphical representation in which walls, doors and windows are represented with generic placeholders adequate to show location and orientation, without detailed geometry. Protected Persons: every present or former director, officer, employee, reviewer, operator and agent of Jurado Architects Limited. Report: the written deliverable(s) for the product(s) ordered. Working day: any day other than a Saturday, Sunday, public holiday, or a day between 24 December and 5 January inclusive.

PropertyPlans is a service of Jurado Architects Limited (NZBN 9429034026120), PO Box 310165, Red Beach, Auckland 0945. Terms of Engagement Version 3.1, August 2026. Orders placed before this version took effect remain on the terms in force when they were accepted.