Terms and Conditions of Trade
Cycled Design Raglan
Harold Gavin Drinn trading as Cycled Design Raglan
Effective date 21 September 2026
These Terms apply to Cycled Design Raglan’s CAD Design and 3D Printing services. They form part of every accepted quote or order and define the scope of our work, the client’s responsibilities, the limits of conceptual design services, and the process for handing a project to an appropriately appointed professional or tradesperson. A CAD concept must not be used for consent, pricing, ordering materials, fabrication, construction or installation until the appointment and approval requirements in these Terms have been met.
Service | Core scope |
CAD Design | Conceptual residential architectural and interior design, 2D drafting, 3D modelling, sketch-to-CAD development and visualisation. |
3D Printing | Prototypes, custom parts, product samples, one-off creations and small-batch FDM production, with CAD preparation or file repair where quoted. |
1 Parties and definitions
1.1 “Cycled Design”, “we”, “our” and “us” mean Harold Gavin Drinn trading as Cycled Design Raglan, Raglan, New Zealand.
1.2 “Client”, “you” and “your” mean the person or entity requesting or purchasing Goods or Services. If a person acts for another person or entity, that person confirms that they have authority to bind the Client.
1.3 “Contract” means the accepted Quote, these Terms, and any written special conditions or approved Variations. Each accepted Quote creates a separate Contract.
1.4 “Deliverables” means the final drawings, visualisations, CAD files, 3D models, repaired files, physical prints or other outputs expressly listed in the Quote.
1.5 “Goods” means physical 3D printed items supplied by us. “Services” means CAD Design, 3D Printing, CAD preparation and file repair, and any related service expressly included in a Quote.
1.6 “Quote” means our written quotation, proposal, estimate or order confirmation. “Working Files” means editable source files, test files, internal notes, templates, libraries, slicer profiles, supports and production settings used to create Deliverables.
1.7 “Appointed Professional” means a New Zealand Registered Architect, a Licensed Building Practitioner holding an appropriate Design licence, a Chartered Professional Engineer, surveyor, specialist consultant, or appropriately qualified and, where required, licensed tradesperson engaged for a Project.
1.8 “Concept Deliverables” means every architectural or interior concept, sketch, drawing, visualisation, CAD file, CAD model, schedule or other design output prepared by Cycled Design, whether or not it carries a draft or concept notice.
1.9 “Professional Appointment” means a written appointment signed by an Appointed Professional that identifies the Project, the professional’s lawful scope and the responsibility accepted for reviewing, developing, documenting, certifying, supervising or carrying out the next stage. A quotation, informal discussion, file receipt or inclusion of a name or logo is not a Professional Appointment.
1.10 “Professional Approval” means a written approval or endorsement issued by the Appointed Professional for a stated purpose after that person has independently completed the review and other work reasonably required within their lawful scope, or the Appointed Professional’s issue of their own documents incorporating or developing the Concept Deliverables for that purpose.
1.11 “Implementation Use” means use for a consent application, pricing or tendering, ordering materials, manufacture, fabrication, construction, installation, on-site work or any other physical implementation. It does not include confidential review solely to obtain a quotation, Professional Appointment or professional advice.
2 Acceptance and contract documents
2.1 You accept a Contract when you approve a Quote in writing, pay a deposit, instruct us to begin, provide files for production after receiving these Terms, or otherwise accept Goods or Services with knowledge of these Terms.
2.2 If documents conflict, the following order applies: written special conditions in the Quote, the scope and pricing in the Quote, these Terms, and then general website or promotional information.
2.3 Website descriptions and price guides are general information only. The accepted Quote defines the actual scope, Deliverables, price, assumptions, exclusions and programme for a Project.
2.4 A change to an existing Contract must be agreed in writing. Updated website terms apply to future Contracts only, unless both parties agree in writing that an update applies to an existing Contract.
2.5 Every Quote for CAD Design incorporates the concept-only restrictions in sections 5, 6 and 15. The Client must provide the accepted Quote and these Terms to each Appointed Professional before that person accepts the next stage.
2.6 Schedule 1 contains standard wording for CAD Quotes, Concept Deliverables, Client acknowledgements and 3D Printing Quotes. We may reproduce or refer to those notices in Project documents. If a notice is omitted, the scope and restrictions in these Terms still apply. If a notice conflicts with the body of these Terms, the body of these Terms prevails.
3 Services and scope
3.1 We provide two main services: CAD Design and 3D Printing. Any other service is outside these Terms unless it is expressly added by a separate written Quote.
3.2 We will provide the Services with reasonable care and skill and in accordance with the accepted Quote. Any outcome, feature, standard, tolerance, certification, file format or end use that is important to you must be stated in the Quote.
3.3 Advice or assistance outside the accepted scope is not part of the Contract merely because it is discussed. We may issue a Variation before undertaking additional work.
4 Quotes prices and variations
4.1 A Quote is open for the period stated in it or, if no period is stated, for 30 days. We may withdraw an unaccepted Quote at any time.
4.2 Unless expressly stated otherwise, prices are in New Zealand dollars and exclude GST. GST will be added where it is legally chargeable.
4.3 Fees may be hourly, fixed, based on an agreed percentage of an identified project fee, or a combination. A percentage fee applies only where the Quote states the percentage, the amount or cost base to which it applies, and when the fee is earned.
4.4 An estimate is not a fixed price. If we reasonably expect an estimate to be materially exceeded, we will notify you and seek approval before continuing, unless immediate work is reasonably required to protect completed work or equipment.
4.5 Unless included in the Quote, our price excludes council charges, consent fees, Appointed Professional fees, specialist advice, surveys, engineering, travel, couriers, unusual materials, testing and certification.
4.6 A Variation includes a change to the brief, dimensions, materials, file format, quantity, design direction, intended use, programme, site information or approved Deliverables. Variations may change the price and completion date and must be approved in writing before work proceeds.
5 CAD Design services
5.1 CAD Design may include residential architectural concepts, interior design concepts, spatial planning, 2D drafting, 3D modelling, sketch-to-CAD development, visualisation and presentation drawings, as listed in the Quote.
5.2 Our independent CAD Design role is limited to conceptual and supportive work. Concept Deliverables communicate or develop an idea only. They are not building consent, tender, construction, fabrication or installation documents and must not be treated as complete, coordinated or suitable for Implementation Use.
5.3 Cycled Design is not engaged as a New Zealand Registered Architect, Design LBP, engineer, surveyor, quantity surveyor, building consent authority or construction contractor. We do not provide certification, producer statements, Certificates of Work, Records of Work, engineering approval or council approval unless a separately appointed person who is legally entitled to do so expressly provides that service.
5.4 Unless specifically included in the Quote, CAD Design does not verify structural design, weathertightness, fire design, accessibility, geotechnical conditions, boundaries, title restrictions, easements, planning rules, resource consent requirements, services, hazardous materials, product compliance or Building Code compliance.
5.5 Concept Deliverables will ordinarily carry a notice such as ‘CONCEPT ONLY – NOT FOR CONSENT, TENDER, PROCUREMENT, FABRICATION, CONSTRUCTION OR INSTALLATION’. The Client must preserve that notice on every copy and must not represent a Concept Deliverable as an approved or implementation document. The absence or accidental removal of a notice does not change the concept-only status or permitted use of the Deliverable.
5.6 We do not guarantee that a concept will receive building consent, resource consent, landlord approval, body corporate approval or any other third-party approval. Authorities and Appointed Professionals may require changes, further information or additional consultants.
6 Professional appointment and handover
6.1 Before a CAD concept proceeds beyond the concept stage, the Client must obtain a Professional Appointment from an appropriate New Zealand Registered Architect, appropriately licensed Design LBP, engineer or appropriately qualified and, where required, licensed tradesperson for the next stage.
6.2 Restricted building work must be designed, carried out or supervised by a person legally entitled to perform that work and holding the appropriate licence or professional status. A person may accept responsibility only for work within their lawful and competent scope.
6.3 The Client must provide Cycled Design with a copy of the Professional Appointment before any Implementation Use. Cycled Design may reasonably require clarification if the appointment does not identify the accepted scope, the relevant Concept Deliverables or responsibility for the next stage.
6.4 Sending, receiving, reviewing or commenting on a file does not appoint the recipient, constitute Professional Approval, or transfer or extinguish any person’s responsibility. An Appointed Professional assumes responsibility only to the extent expressly accepted in the Professional Appointment and only for work within that person’s lawful and competent scope. Cycled Design remains responsible for its own Services to the extent required by law.
6.5 A Professional Appointment permits the Appointed Professional to review and develop the Concept Deliverables for the single Project, subject to section 15. It does not by itself authorise the Client, a contractor or any other person to make Implementation Use of the Concept Deliverables.
6.6 Before Implementation Use begins, the Appointed Professional must issue Professional Approval for the relevant purpose. Implementation must proceed from documents or written instructions issued or expressly endorsed by that Appointed Professional. A Concept Deliverable does not become a consent, tender, construction, fabrication or installation document merely because an Appointed Professional has received or reviewed it.
6.7 The Appointed Professional is responsible for the work within the scope they accept, including their independent review, verification, adaptation, development, coordination, regulatory assessment, documentation, certification, instructions, supervision and decisions. A tradesperson may accept only work they are legally entitled and competent to undertake.
6.8 Cycled Design is not responsible for later-stage work, documents, decisions, changes, construction methods, fabrication, installation, workmanship or site supervision undertaken by the Appointed Professional, the Client, contractors or tradespeople, except to the extent a loss was caused by Cycled Design’s own breach of its expressly agreed concept Services.
6.9 Our concept role ends at the handover point stated in the Quote or, if none is stated, when the agreed Concept Deliverables are issued. We have no continuing duty to inspect, update, coordinate or monitor the Project unless a further written Quote expressly requires us to do so.
6.10 If we separately perform drafting support under an Appointed Professional’s direction, that work requires a new written Quote identifying the professional, scope, instructions and review process. The Appointed Professional must independently review the work and remains responsible for every approval, certificate or document they issue or endorse. Cycled Design remains responsible for its own work to the extent required by law.
6.11 If the Client appoints an Appointed Professional directly, that person is an independent provider and is responsible for their own engagement, fees, insurance, advice and decisions. If we engage a subcontractor as part of our Contract, we remain responsible for our contractual obligations to the extent required by law.
7 Client information and responsibilities
7.1 The Client must provide a clear brief, accurate dimensions, current plans, site information, reference files, ownership or authority information, intended end use, programme requirements and any known risks or constraints relevant to the Services.
7.2 Unless a site measure or verification service is expressly included, we may rely on dimensions and information supplied by the Client or third parties. The Client must arrange verification before consent, fabrication, construction or installation.
7.3 The Client must promptly review questions and Deliverables, make decisions, coordinate other advisers, and tell us if information changes. Delay or rework caused by missing, late, inaccurate or changed information may be treated as a Variation.
7.4 The Client must disclose the intended use and any safety, load, heat, chemical, hygiene, weather, regulatory or certification requirement for a 3D printed item before accepting the Quote.
7.5 The Client must not remove a concept or draft notice, alter a Deliverable and present it as our approved work, or use a Deliverable outside the agreed Project or Purpose. The Client must ensure that every recipient is told in writing that Concept Deliverables cannot be used for implementation unless sections 6 and 15 have been satisfied.
7.6 For any site visit, the Client must provide safe and lawful access, identify known hazards and comply with reasonable health and safety requirements. We may stop or postpone a visit where conditions are unsafe.
7.7 Before the required Professional Approval is issued, the Client must prevent contractors, suppliers and tradespeople from relying on Concept Deliverables for tendering, final pricing, ordering, fabrication, construction or installation. A recipient may review them solely to provide preliminary advice or a quotation permitted by clause 1.11, provided the Client states in writing that the documents are concept-only and must not be relied on for Implementation Use.
8 Reviews approvals and changes
8.1 The Quote will state any included review stages or revision rounds. Additional revisions, alternative options or changes after approval are chargeable at the agreed rate or under a Variation.
8.2 The Client must carefully check names, dimensions, quantities, orientation, layout, colours, text and other visible details before approval. Approval authorises us to proceed to the next agreed stage.
8.3 Client approval is not Professional Appointment or Professional Approval. It does not make a Concept Deliverable suitable for Implementation Use, remove any non-excludable legal right or release us from responsibility for our own breach. The Client is responsible for an error that arose from inaccurate Client information or a Client-requested change and was clearly shown in the material approved.
8.4 Changes requested after 3D printing has begun may require a new setup, replacement material and a new print charge.
9 3D Printing services
9.1 Our 3D Printing service may include prototypes, custom parts, product samples, one-off creations and small-batch production using fused filament fabrication and the material stated in the Quote.
9.2 Normal characteristics of this process include visible layer lines, seams, support marks, minor stringing, minor warping, surface and colour variation, and dimensional variation. These are not defects where they are consistent with the approved sample, agreed specification or normal process tolerance.
9.3 If precise fit or repeatability is important, the required tolerance must be agreed in writing. We may require a test piece or prototype. If the Client elects to proceed directly to a batch without a recommended test, the Client accepts the increased risk of fit-related rework, subject to non-excludable legal rights.
9.4 A clean, watertight STL file may qualify for a reduced setup charge, but acceptance does not guarantee printability or suitability. We may need to change orientation, supports or slicing settings. Material design changes or file repairs require Client approval where they could materially affect appearance, dimensions or function.
9.5 File repair, remodelling and CAD preparation are separate Services charged as stated in the Quote. We will identify significant repair work before beginning it where reasonably practicable.
9.6 Unless the Quote expressly includes testing or certification for a stated purpose, printed items are supplied as prototypes or general-purpose items and are not certified for structural, load-bearing, medical, dental, food-contact, drinking-water, electrical, child-safety, personal protective equipment, automotive, marine, aviation or other safety-critical use.
9.7 3D printed materials may change or weaken through heat, ultraviolet exposure, moisture, chemicals, sustained load, impact and repeated stress. The Client must carry out any testing, maintenance and replacement appropriate to the disclosed end use, unless the Quote assigns that work to us.
9.8 We may refuse any file or order that we reasonably consider unlawful, unsafe, infringing, hateful, deceptive, unsuitable for our equipment or outside our competence. We will refund any amount paid for unperformed work, less reasonable non-recoverable costs already incurred with the Client’s approval.
9.9 If a print fails because of our production process, we will reprint or otherwise remedy the failure as required by law. If failure or rework is caused by the supplied design, undisclosed use, incorrect Client information or a Client-approved change, further work will be quoted before proceeding.
10 Programme delivery and collection
10.1 Lead times are estimates unless the Quote states a binding date. Timing begins when we have received the required deposit, complete information, usable files and approvals.
10.2 We will tell the Client about a material delay when reasonably practicable. A delay caused by a Client, Appointed Professional, authority, supplier, courier, unexpected equipment failure despite reasonable maintenance, or event beyond our reasonable control may extend the programme.
10.3 Digital Deliverables are delivered when sent to the agreed email address or made available through an agreed download method. The Client must download and securely retain final files. We do not guarantee indefinite storage after completion.
10.4 Physical Goods are delivered on collection by the Client or arrival at the agreed delivery address. If the Client arranges its own carrier, delivery occurs when the Goods are handed to that carrier, to the extent permitted by law.
10.5 Ownership of physical Goods passes after full payment, subject to rights that cannot lawfully be excluded. Payment and delivery do not transfer copyright or other intellectual property in a Deliverable. Any permission to use a Deliverable is governed solely by section 15.
11 Payment
11.1 Any required deposit is due before work begins. Progress and final invoices are payable by the due date stated on the invoice. Unless the Quote states otherwise, we may withhold final Deliverables or physical Goods until the amount due for them has been paid.
11.2 If an invoice is disputed, the Client must promptly identify the disputed item and the reason. The undisputed amount remains payable by the due date.
11.3 If payment is overdue, we may give notice and suspend work or delivery until payment arrangements are agreed. We may recover reasonable debt collection costs actually incurred where the law and the Contract allow.
11.4 Interest is payable only if the accepted Quote or invoice clearly states the rate and basis before the amount becomes overdue, and only to the extent permitted by law.
11.5 Where the Construction Contracts Act 2002 applies, nothing in these Terms limits a right or obligation that cannot be contracted out of under that Act.
12 Cancellations and suspension
12.1 A Client may request cancellation in writing. The Client must pay for work properly completed to the cancellation date and reasonable non-recoverable commitments made for the Project. Any deposit balance remaining after those amounts are deducted will be refunded.
12.2 Because CAD work and 3D printed items are made to order, we do not offer a change-of-mind refund after work or production has begun. This does not limit remedies for faulty Goods or Services or any other right under the Consumer Guarantees Act 1993.
12.3 We may suspend or terminate a Contract on reasonable notice if the Client materially breaches it, fails to pay, does not provide information needed to proceed, requests unlawful or unsafe work, or behaves in a threatening or abusive manner. We will allow a reasonable opportunity to remedy a breach where appropriate.
12.4 If we cancel for reasons not caused by the Client, we will refund amounts paid for unperformed work. Cancellation does not affect rights and liabilities that arose before cancellation.
13 Consumer law and business transactions
13.1 If the Client is a consumer, nothing in these Terms excludes, restricts or modifies rights or remedies under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot lawfully be excluded.
13.2 If both parties are in trade, the Goods or Services are supplied and acquired in trade for business purposes, the agreement is in writing, and it is fair and reasonable to do so, the parties agree that the Consumer Guarantees Act 1993 does not apply, in accordance with section 43 of that Act.
13.3 These Terms do not generally contract out of the Fair Trading Act 1986. Any business-to-business agreement to contract out of sections 9, 12A, 13 or 14(1) must be expressly recorded in a separately agreed written term and must satisfy section 5D, including the requirement that contracting out is fair and reasonable.
13.4 No disclaimer, approval or limitation in these Terms excuses misleading conduct or reduces any standard that the law does not allow the parties to reduce.
14 Faults inspection and remedies
14.1 The Client should inspect Deliverables and Goods promptly and notify us of any apparent error, damage or fault, ideally within 7 days. A notification period does not remove any statutory right, but prompt notice helps us investigate and prevent further loss.
14.2 The Client must give us a reasonable opportunity to inspect the affected file or item and, where the law allows, remedy the problem. The Client should stop using an item if continued use may be unsafe or cause further damage.
14.3 Available remedies depend on the Contract and applicable law and may include correction, re-performance, repair, replacement, refund or compensation. Nothing in these Terms limits a remedy available to a consumer under the Consumer Guarantees Act 1993.
15 Intellectual property
15.1 Each party retains ownership of intellectual property it owned before the Contract. Client-supplied plans, files, logos, text and designs remain the Client’s or relevant owner’s property.
15.2 The parties expressly agree, including for the purposes of section 21(3) of the Copyright Act 1994, that Cycled Design is and remains the first owner of copyright in all original work it creates under the Contract, unless a written assignment signed by Cycled Design expressly states otherwise.
15.3 Cycled Design retains all copyright and other intellectual property rights in its original CAD drawings, electronic designs, concepts, sketches, plans, CAD models, visualisations, schedules, file repairs, templates, methods and Working Files. Payment for Services does not purchase or transfer those rights.
15.4 Before Professional Appointment, the Client receives only limited permission to review the Concept Deliverables and to provide them confidentially to a prospective Appointed Professional solely to obtain a quotation, advice or Professional Appointment. No permission for Implementation Use arises at that stage.
15.5 After full payment and Professional Appointment, Cycled Design grants the Client and Appointed Professional a non-exclusive, non-transferable licence to review, copy and adapt the final Concept Deliverables only as reasonably necessary to develop the next-stage documents for the single Project and Purpose identified in the Quote.
15.6 Implementation Use is permitted only after Professional Approval and only for the single Project and Purpose. Any adaptation or next-stage document must be identified as the Appointed Professional’s work or expressly endorsed by that person. Cycled Design’s original Concept Deliverables remain concept documents unless the Appointed Professional expressly endorses them for a stated purpose.
15.7 Except for the limited licences in clauses 15.4 to 15.6, unauthorised copying, reproduction, distribution, publication, sharing, resale, sublicensing, commercial manufacture, reuse on another site or project, removal of authorship or concept notices, or material alteration is prohibited. An unauthorised use may be both a material breach of Contract and an infringement of intellectual property rights.
15.8 The licences in this section do not take effect until full payment and remain subject to sections 6 and 15. If the Client materially breaches those restrictions, Cycled Design may require the unauthorised use to stop and, where the breach can be remedied, will give written notice and a reasonable opportunity to remedy it before terminating the relevant licence. No licence permits any person to present altered work as Cycled Design’s approved work or to use Cycled Design’s name or branding on later-stage documents without written consent.
15.9 Editable Working Files are supplied only where expressly included in the Quote. If supplied, they may contain software-dependent data and must be independently checked by the receiving professional before reliance or modification.
15.10 The Client warrants that it has the right to provide and authorise use of all Client-supplied material. We may rely on that warranty unless an infringement is apparent.
15.11 Repairing or preparing a Client-owned file does not transfer ownership of the underlying Client material to us. We retain ownership of reusable know-how, processes, templates and tools that do not disclose the Client’s confidential information.
16 Confidentiality and portfolio use
16.1 Each party must take reasonable care of confidential information received for the Project and use it only for the Contract. This does not apply to information already lawfully known, public through no breach, independently developed, or required to be disclosed by law.
16.2 We may share necessary Project information with employees, contractors, software or storage providers, couriers and Appointed Professionals who need it to provide the Services, subject to reasonable confidentiality and privacy safeguards.
16.3 We will not publish identifiable Client work in a portfolio or promotional material without the Client’s prior consent. We may use anonymised process information that does not identify the Client, site or confidential design.
17 Privacy
17.1 We collect personal information reasonably necessary to quote, communicate, provide Services, receive payment, keep business records and meet legal obligations. This may include contact, billing, Project and correspondence information.
17.2 We will handle personal information in accordance with the Privacy Act 2020, use reasonable security safeguards, and disclose it only for the purposes for which it was obtained or as otherwise permitted by law.
17.3 A person may request access to or correction of their personal information by contacting cycled.design@outlook.com. Website analytics, cookies or third-party platform practices may be addressed in a separate privacy notice where applicable.
18 Third parties and external services
18.1 Council, Appointed Professional, consultant, contractor, courier, supplier and platform timeframes are outside our control. Their approval, availability, pricing and performance are not guaranteed by us.
18.2 Where a third party is appointed directly by the Client, the Client contracts with that party separately. We are not liable for that party’s acts or omissions except to the extent our own breach caused or contributed to the loss.
18.3 Professional Appointment or Professional Approval does not make the Appointed Professional our employee, partner, agent or subcontractor. That person is solely responsible for the services and responsibility they accept directly from the Client.
18.4 Website links and references to third-party products or services are provided for convenience and do not amount to a warranty or endorsement. The Client must review the third party’s terms and suitability.
19 Liability
19.1 We are responsible for providing our Services with the care and skill required by the Contract and applicable law. We do not exclude liability that cannot lawfully be excluded or limited.
19.2 For CAD Design, our responsibility is confined to the conceptual Services expressly listed in the Quote and the care and skill required by law in performing them. We are not engaged to perform, and do not accept responsibility for, later-stage consent, tender, construction, fabrication or installation design, certification, supervision or contracting. Nothing in this clause limits any responsibility imposed on Cycled Design because of the actual content of documents or advice we prepare.
19.3 After Professional Appointment, each Appointed Professional is responsible for the scope they accept. After Professional Approval, Cycled Design is not responsible for that person’s review, verification, adoption, adaptation, development, coordination, compliance assessment, certification, documentation, instructions, supervision or decisions, except to the extent a loss was caused by Cycled Design’s own breach of its expressly agreed concept Services.
19.4 We are not responsible for construction methods, temporary works, quantities, procurement, product selection, substitutions, workmanship, fabrication, installation, site safety, contractor coordination, site changes or departures from the Concept Deliverables unless a written Quote expressly assigns a specific part of that work to us.
19.5 We are not responsible to the extent loss is caused or increased by inaccurate or incomplete Client information, undisclosed requirements, Implementation Use before Professional Approval, use outside the agreed Purpose, removal of notices, unauthorised alteration, failure to obtain required professional review, or the acts or omissions of a directly appointed third party.
19.6 For a Client in trade only, and only to the extent permitted by law and fair and reasonable in the circumstances, we are not liable for indirect or consequential loss, loss of profit, loss of opportunity, loss of anticipated savings or loss arising from use of a concept or prototype outside the agreed Purpose.
19.7 For a Client in trade only, and only to the extent permitted by law and fair and reasonable, our total aggregate liability arising from a Contract is limited to the amount paid or payable to us under that Contract. This cap does not apply to fraud, wilful misconduct, a breach of confidentiality, infringement of third-party intellectual property by our original work, or any liability that cannot lawfully be limited.
19.8 The limitations in this section are intended to allocate risk in proportion to our fees and scope. They do not apply to a consumer where they would reduce a right or remedy under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
20 Business client indemnity
20.1 This section applies only where the Client is in trade. The Client indemnifies us against a third-party claim to the extent it arises from Client-supplied material that infringes rights, an unlawful instruction, Implementation Use before Professional Approval, removal of a concept notice, unauthorised reuse or alteration of a Deliverable, or use of a prototype contrary to an express written warning.
20.2 The indemnity does not apply to the extent a claim was caused by our breach, negligence, infringement, unlawful conduct or failure to take reasonable steps to reduce the loss.
21 Events beyond reasonable control
21.1 Neither party is liable for delay or failure caused by an event beyond its reasonable control, including natural disaster, serious illness, power or network outage, transport disruption, supplier failure, government action, or unexpected equipment failure despite reasonable maintenance.
21.2 The affected party must notify the other when reasonably practicable and take reasonable steps to reduce the effect. Payment remains due for Goods or Services already properly supplied.
21.3 If the event prevents substantial performance for more than 30 days, either party may cancel the unperformed part by written notice. We will refund amounts paid for work not performed, after deducting work completed and reasonable non-recoverable costs.
22 Disputes
22.1 A party raising a dispute must give written details of the issue and the outcome sought. The parties will first try in good faith to resolve it through direct discussion.
22.2 If the dispute is not resolved within 10 working days, the parties may agree to mediation before starting court proceedings. Mediation is not required for an urgent injunction, debt recovery, a statutory complaint, a payment claim or adjudication under the Construction Contracts Act 2002, or a claim in the Disputes Tribunal.
22.3 This section does not restrict a consumer from contacting the Commerce Commission, Consumer Protection, the Disputes Tribunal or another body with jurisdiction.
23 General terms
23.1 Notices may be sent to the email address used for the Quote or the contact address below. A notice is treated as received when delivered, unless the sender receives an error or non-delivery message.
23.2 The Client may not assign a Contract without our written consent, which will not be unreasonably withheld. We may use suitable subcontractors but remain responsible for our contractual obligations as required by law.
23.3 If a term is unlawful or unenforceable, it is modified to the minimum extent necessary or severed. The remaining terms continue to apply.
23.4 A failure or delay in enforcing a right is not a waiver. A waiver must be in writing and applies only to the matter identified.
23.5 Subject to the Fair Trading Act 1986 and other applicable law, the Contract records the parties’ agreement about its subject matter. It does not exclude a written representation expressly incorporated into the Quote.
23.6 The Contract is governed by New Zealand law. New Zealand courts and tribunals have non-exclusive jurisdiction, subject to any mandatory consumer right or other law.
24 Contact and acceptance
Business Cycled Design Raglan
Location Raglan, Aotearoa New Zealand
Email cycled.design@outlook.com
Phone +64 20 414 06587
Website www.cycled-design.com
By accepting a Quote, placing an order or instructing us to begin, the Client confirms that it has received, read and agreed to these Terms and Conditions of Trade.
Schedule 1 Quotation and deliverable notices
The following wording may be copied into Quotes, approval forms, drawings, models and order confirmations. It supports the scope and use restrictions in these Terms and does not replace them.
CAD Quote notice
CONCEPT DESIGN STATUS AND SCOPE
Cycled Design Raglan is engaged only for the conceptual architectural design, interior design and CAD Services expressly listed in this Quote. Unless separately agreed in writing, the Services exclude Building Code or regulatory compliance advice, restricted building work design, consent documentation or council lodgement, detailed or construction documentation, engineering, certification, quantities, procurement, contract administration, site observation, supervision, fabrication and installation.
All Concept Deliverables are preliminary. They must not be relied on or used for a consent application, tender, final construction pricing, ordering materials, manufacture, fabrication, construction, installation or other Implementation Use. They may be shared confidentially and on a non-reliance basis only to obtain professional advice, a professional-services quotation, preliminary budget feedback or a Professional Appointment.
Before any Implementation Use, the Client must obtain the Professional Appointment and Professional Approval required by sections 6 and 15. The relevant Appointed Professional must independently verify the necessary information, review and develop the design, determine the applicable consent and compliance requirements, and issue or expressly endorse the documents for their intended use. Receipt, review or informal comment is not Professional Approval.
Drawing and model notice
CONCEPT ONLY – NOT FOR CONSENT, TENDER, PROCUREMENT, FABRICATION, CONSTRUCTION OR INSTALLATION. This document is preliminary and must not be relied on as a complete or Building Code-compliant design. Do not scale. Dimensions, existing conditions and site information must be independently verified. Before Implementation Use, the appropriate New Zealand Registered Architect, Design LBP, engineer and/or appropriately licensed trade practitioner must review, develop and issue or expressly endorse the final documentation for work within their respective lawful scopes.
Client acknowledgement
By signing or accepting the Quote, confirming acceptance by email, paying the requested deposit or instructing Cycled Design to begin after receiving these Terms, the Client confirms that:
– the Quote and the current version of these Terms were provided before acceptance;
– Cycled Design’s independent CAD Deliverables are concept-only and must not be used for Implementation Use;
– the Client will appoint the appropriate professionals and obtain Professional Approval before progressing to live work; and
– the Client will give these restrictions to every professional, contractor, supplier and tradesperson who receives a Concept Deliverable.
3D Printing Quote notice
Unless expressly agreed, tested and certified in writing for a stated purpose, 3D printed items are supplied as prototypes, models, samples or general-purpose components. They are not certified for structural, load-bearing, life-safety, medical, dental, food-contact, drinking-water, electrical, fire-rated, child-safety, personal protective equipment, automotive, marine, aviation or other safety-critical or regulated use.
The Client must disclose the intended use before printing and is responsible for the design and suitability of Client-supplied or Client-approved files. Cycled Design remains responsible for performing the quoted Services with the care and skill required by the Contract and applicable law. Normal layer lines, seams, support marks, minor warping, colour or surface variation and agreed dimensional tolerances are inherent process characteristics and are not necessarily defects.