1. DEFINITIONS

“Supplier” means DesignHub, a division of Allied Concrete Limited.

“Customer” means any individual or entity engaging DesignHub for consultancy, design, or associated services, or any person acting on behalf of such an entity.

“Business Day” means a day other than a Saturday, Sunday or public holiday in New Zealand.

“Business Hours” means 9:00am to 5:00pm on any Business Day.

“Services” means the consultancy, design, technical advice, compliance support, and documentation provided by DesignHub.

“Deliverables” refers to any documentation, drawings, specifications, design advice or reports supplied as part of the Services.

“Order” refers to the Customer’s formal request for Services, whether via online request form, email, or other accepted form of engagement.

“Specification” means the written scope or brief agreed upon for the Services.

“Force Majeure Event” means any event outside reasonable control that prevents either party from fulfilling obligations.

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2. SCOPE AND APPLICABLE TERMS

2.1 These Terms apply to all engagements with DesignHub unless explicitly varied in writing.

2.2 These Terms are to be read in conjunction with the specific scope provided to the Customer at time of engagement.

2.3 In the event of conflict between documents, these Terms take precedence unless expressly agreed otherwise in writing.

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3. SERVICE DELIVERY

3.1 Services will be delivered in line with the Specification agreed at the outset of the engagement.

3.2 Deliverables will be shared electronically unless otherwise agreed.

3.3 DesignHub will use reasonable efforts to meet agreed timelines, but time shall not be of the essence.

3.4 Any delay caused by Customer failure to provide information or respond in a timely manner may result in project delays or additional charges.

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4. FEES AND PAYMENT

4.1 All prices quoted are exclusive of GST unless stated otherwise.

4.2 DesignHub reserves the right to adjust pricing based on changes to the scope, timeline, or level of input required.

4.3 Invoices are issued at project milestones or upon delivery of Services.

4.4 Payment is due on or before the 20th of the month following invoice date.

4.5 Late payments incur interest at 18% per annum, compounded monthly, and may result in service suspension.

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5. CUSTOMER RESPONSIBILITIES

5.1 The Customer is responsible for providing accurate project information and for decisions made based on the advice of DesignHub.

5.2 Where Services are provided in support of CodeMark, R-value, or other regulatory compliance, it is the Customer’s responsibility to ensure correct application in their project context.

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6. INTELLECTUAL PROPERTY

6.1 All Intellectual Property generated by DesignHub remains the property of Allied Concrete Limited unless otherwise agreed.

6.2 The Customer may use Deliverables only for the specific project for which they were commissioned.

6.3 Any redistribution, resale or reuse of documentation beyond the original scope must receive prior written approval from DesignHub.

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7. LIMITATION OF LIABILITY

7.1 DesignHub shall not be liable for:

• Construction or product failures not directly resulting from its documentation or advice.

• Delays, costs or damages due to reliance on outdated or altered information.

• Indirect, incidental, or consequential losses.

7.2 Total liability shall be limited to the total fees paid for the Service under dispute.

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8. TERMINATION

8.1 Either party may terminate the engagement for material breach with 5 Business Days’ written notice if the breach is not remedied.

8.2 DesignHub may suspend Services if invoices remain unpaid beyond the due date.

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9. FORCE MAJEURE

9.1 Neither party shall be held liable for non-performance due to Force Majeure. If such a delay exceeds 3 months, either party may terminate the agreement with 5 Business Days’ notice.

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10. GENERAL

10.1 Variations to these Terms must be agreed in writing.

10.2 No waiver of any rights under these Terms is effective unless in writing.

10.3 If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force.