FIRE SERVICES CONTRACT TEMPLATE

This template contract was developed by members of FMANZ’s Maintenance and Service Standards
Committee. Thank you to Ian Bitcheno, Chris Brebner, Bryce Donaldson, Ron Green, Jason Happy
(Chair), Ed Kidd, Chris Mak, Andrew Riley, Mark Sinclair and Warren Smith for their contribution. For
further information, please email [email protected].

TO USE: Once changes are made in word, save document as a pdf.

Disclaimer: This template contract is provided for guidance purposes only. Your use of this template
contract is at your own risk, and you should not use this template contract without first seeking legal
and other professional advice. The provision of this template contract (and the template contract itself)
does not constitute legal advice. FMANZ (and its board, officers, agents, contractors and employees)
will not be liable for any damages, losses or causes of action of any nature arising from any use of this
template contract or the provision of this template contract.
Dated

PARTIES

1. [Principal Name]
Principal

2. [Contractor Name]
Contractor

FIRE MAINTENANCE
SERVICES AGREEMENT
For

[Name of Property]

Company Logo Here

2
Contract Guidelines
The following general information is not part of the contract, but an overview of key provisions of the contract.

General information required:

• Insurance - Adequate insurance cover from the Contractor should be in place prior to commencing
work. The amounts required should be set out in Schedule 1. There are no default insurance amounts.
If in doubt, check with your insurer or insurance broker.
• Site Inductions - The Contractor and their appointed staff who will be working at the site must
undertake a site induction with the Principal’s Representative, prior to the commencement of work.
• Site Specific Safety Plan - The Contractor must develop a draft Site Specific Safety Plan (SSSP) for
the site, which will be discussed with the Principal’s Representative.
• Qualifications - The Contractor must demonstrate to the Principal’s Representative, their company’s
capability and the qualifications of all staff that will be involved with the performance of services under
this agreement.
• Hazardous Materials - The Contractor must provide a list of any hazardous products and/or substance
they bring on to or intend to bring on to the Property.
• Emergencies – The Contract deals with emergencies. The Principal’s Representative should consider
seeking confirmation about how the Contractor will manage an emergency response with respect to
servicing the Property.
• Risk Identification - The Contractor will immediately advise the Principal’s Representative of any new
risks identified during the term of the contract (whether identified while on site or otherwise) as soon as
such risks are discovered. The Contractor will notify the Principal’s Representative of any incidents and
observations of a health and safety nature while being onsite.

IMPORTANT INFORMATION
• Review Date - The Review Date should be timed to occur before the start of the new financial year.
• Schedule 1 – This must be completed as much as possible. If not completed in full, the Contract may
be inaccurate or ambiguous.
• Schedule 2 – This schedule is a generic schedule. The Contractor should be required to provide a site
specific schedule, to suit the Principal, within one month of the contract Commencement Date. The final
table should list only the relevant specific systems i.e. specific systems that are not relevant should be
deleted.
• Schedule 3 – This schedule relates to the level of service required. There is a default option if none
selected.

If you have any uncertainties about this Contract, including how to complete it and the information you
should include in it, please consult with your solicitor, or your property advisor.

3
Contract Agreement
This Fire Maintenance Services Agreement is made between:

(a) [ADD NAME] (the Principal)

and

(b) [ADD NAME] (the Contractor).

Introduction
The Principal wishes to engage the Contractor to provide fire maintenance services at the Property on the terms
and conditions in this Agreement.

A The Principal is the owner of the Property and wishes to engage the Contractor to provide the Services
described in Schedule 2 and Schedule 3.

B The Contractor has agreed to deliver the Services on the terms and conditions set out in this
Agreement.

It is agreed:
(a) In consideration of the Contractor performing the Services, the frequency and scope of which are
specified in Schedule 2 and Schedule 3, the Principal shall pay the Annual Fee (subject to any
adjustments) along with such other sums as become payable to the Contractor, together with GST at the
times and in the manner provided for in this Agreement.

(b) The Contractor shall perform the Services in accordance with, and to the standards prescribed in, this
Agreement.

(c) Each party shall do all such things as required of them under this Agreement.

(d) This Agreement is comprised of the following:

• This Contract Agreement;
• Schedule 1 – Key Terms;
• Schedule 2 – Frequency of Fire Maintenance Services;
• Schedule 3 – Scope of Fire Maintenance Services;
• Schedule 4 – Performance Standards;
• Schedule 5 – Special Conditions (if any);
• Schedule 6 – General Conditions;
• Appendix 1 – List of Employees, Qualifications and, Registrations;
• Appendix 2 – Annual Fee, Agreed Parts Pricing and Rates, and Review Mechanism; and
• Appendix 3 - Contractor’s Certificate.

4
EXECUTION
Executed as an agreement

Principal

[NAME OF PRINCIPAL] by:

Signature of Director / Authorised Signatory Signature of Director / Authorised Signatory

Name of Director / Authorised Signatory Name of Director / Authorised Signatory

Contractor

[ NAME OF CONTRACTOR ] by:

Signature of Director / Authorised Signatory Signature of Director / Authorised Signatory

Name of Director / Authorised Signatory Name of Director / Authorised Signatory

IMPORTANT; If the contractor is a company, then that person, if not a chief executive or general manager, is
signing on behalf of the company and must have authority to enter into this agreement on behalf of that
company. That written confirmation may be from a chief executive or a general manager confirming the
authority (and any limitations). In all other instances, a director must sign and that signature must be witnessed.
If there are two or more directors, each must sign, unless the company’s constitution provides otherwise.

5
Schedule 1 – Key Terms
The following is a list of the relevant terms relating to this Agreement and to the terms and conditions contained in Schedule
6. A reference to a clause here is a reference to that clause in Schedule 6.
All information relating to the Annual Fee and charges is set out in Appendix 2. The General Conditions sets out the dates
for payment.
Property – Clause 1

Name Address

[insert] [insert]

Parties details – Clause 3

Principal Name: [insert]

Address for service: [insert]

Phone: [insert]

Email: [insert]

Principal’s Representative: [insert]

Contractor Name: [insert]

Address for service: [insert]

Phone: [insert]

Email: [insert]

Contractor’s Representative: [insert]

Term – Clause 2

Commencement Date [insert]

Expiry Date [insert]

Key Personnel – Clause 3

Contactor’s Key Name Qualification Certification Registrations/ Licences

Personnel
[insert] [insert] [insert] [insert]

[insert] [insert] [insert] [insert]

[insert] [insert] [insert] [insert]

Invoicing – Clause 5

Date for submission [insert]

of invoices

6
 Frequency of [insert whether monthly or quarterly and whether in advance or in arrears]
Invoices

Date for payment The Principal will pay invoices submitted in accordance with Clause 5 of
Schedule 6 on or before the later of:

(a) the 20th day of the month following the month to which that invoice
relates; and

(b) the 15th Business Day after receipt by the Principal of that invoice.

Hours – Clause 10

Business Hours Mon-Fri: 8.00am to 5.00pm excluding public holidays

Work in Public areas All Services performed in public areas must occur outside of Business Hours
unless otherwise agreed in writing first.

Insurances – Clause 20

Details of Principal’s [insert]

insurances for the
Property

Insurances – Clause 21

Public liability [insert]

insurance

Professional [insert]
indemnity insurance

Motor vehicle [insert]

insurance

Key dates

Fire Systems Condition Report Due Date [insert]

Contract Review Meeting [insert]

Building Warrant of Fitness Expiry Date [insert]

BWoF - 12a’s Deadline Date [insert]

Biennial Sprinkler Survey Date [insert]

Annual Fire Alarm Survey Date [insert]

Annual Fire Interface Survey Date [insert]

Annual 4 Yearly Valve Overhaul [insert]

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Schedule 2 – Frequency of Services – to be updated by
technical subcommittee
The Contractor shall perform the Services relating to preventative maintenance with the frequency specified below and if
applicable in respect of the plant and machinery stated in Schedule 3.

Fire Systems Servicing

SS1 – Automatic Systems Service Level Specific Date

for Fire Suppression

Diesel Pumps Weekly [insert]

Electric Pumps Monthly [insert]

Control Valves Monthly [insert]

Quarterly Tests Quarterly [insert]

Subsidiary Stop Valves Quarterly [insert]

Flow Switches Quarterly [insert]

Preaction Systems Quarterly [insert]

Annual Tests Annual [insert]

Diesel Engine Service Annual [insert]

Back Flow Preventor Test Annual [insert]

Tank Inspections Annual [insert]

Biennial Inspection Next due date [insert]

Quadrennial Checks Next due date [insert]

Diesel Engine Battery Replacement Next due date [insert]

SS1 – Other Systems Service Level Specific Date

Gas flood systems Monthly [insert]

Gas flood systems Six Monthly [insert]

Gas flood systems Annual [insert]

Fan integrity test Annual [insert]

SS2 – Automatic or Service Level Specific Date

Manual Emergency
Warning Systems

Fire Alarm System Testing Monthly [insert]

Fire Alarm System Survey Annual [insert]

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Smoke Detector Testing and Annual [insert]
Cleaning (20%)

Heat Detector Testing (2%) Annual [insert]

Interface Testing Annual [insert]

EWIS System Monthly [insert]

EWIS System Annual [insert]

SS2/3 Interfaced fire or Service Level Specific Date

smoke doors or windows

Annual [insert]
Interface test

SS4 Emergency Lighting Service Level Specific Date

Monthly Testing Monthly [insert]

Six monthly test Six Monthly [insert]

SS5 Escape Route Service Level Specific Date

Pressurisations System

Annual [insert]
Interface test

SS6 Riser Tests Service Level Specific Date

Diesel Pump Tests Monthly or quarterly [select one] [insert]

Electric Pump Tests Quarterly [insert]

Diesel Engine Service Annual [insert]

Riser Flow Tests (Pressure Control Annual [insert]

Valves.)

Back Flow Preventor Annual [insert]

Diesel Battery Repalcement+A96 Next due date [insert]

Riser Flow Test (No pressure Next due date [insert]

control)

SS8 Passenger Carrying Service Level Specific Date

Lifts

Annually [insert]
Interface test

SS13/1 - Mechanical Service Level Specific Date

Smoke Control System

Annually [insert]
Interface test

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SS13/2 – Natural Smoke Service Level Specific Date
Control System

Annually [insert]
Interface test

SS13/3 – Smoke Curtains Service Level Specific Date

Annually [insert]
Interface test

SS15/3 – Fire Separations Service Level Specific Date

Annually [insert]
Inspections

SS15/4 – Signs for Service Level Specific Date

Communicating
Information Intended to
Facilitate Evacuation

Annually [insert]
Inspections

SS15/5 – Smoke Service Level Specific Date

Separations

Inspections Annually June

Other Systems/Features Service Level Specific Date

Extinguishers Annually [insert]

Fire Hose Reels Annually [insert]

Trial Evacuation Attendance Annually [insert]

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Schedule 3 – Scope of Services
1. Scope of appointment
The following section has two tables relating to the two options available under this Agreement able to be
completed by the parties to ensure each party understands their responsibilities under this Agreement.
If no option is selected, then the default is Option 1, regulator maintenance and repairs only.

By way of brief summary only, the following explanation is provided for the two options.
Option 1 - Fully Comprehensive Approach – this is to be used in situations where the Principal wishes to receive
a fixed price covering all Services inclusive of repair works. It is envisaged this would be used for modest size
buildings with simple systems where the owner has little in-house facilities management capability i.e. small to
medium size industrial sites.
Option 2 – Allocated Cost Approach – this is to be used where the parties wish to allocate differing levels of
responsibilities for the Services by system component.
There are general exclusions included in clause 8 of the Agreement (Schedule 6), and other specific exclusions
may be stated below for each area.

Option 1 – Table 1 - Fully Comprehensive Approach [default option]

System Component Specific Exclusion

SS1 – Automatic Systems for Fire

Suppression

Diesel Pumps

Electric Pumps

Control Valves

Quarterly Tests

Subsidiary Stop Valves

Flow Switches

Preaction Systems

Annual Tests

Diesel Engine Service

Back Flow Preventor Test

Tank Inspections

Biennial Inspection

Quadrennial Checks

Diesel Engine Battery Replacement

SS1 – Other Systems

Gas flood systems

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Gas flood systems

Gas flood systems

Fan integrity test

SS2 – Automatic or Manual Emergency

Warning Systems

Fire Alarm System Testing

Fire Alarm System Survey

Smoke Detector Testing and Cleaning (20%)

Heat Detector Testing (2%)

Interface Testing

EWIS System

EWIS System

SS2/3 Interfaced fire or smoke doors or

windows

Interface test

SS4 Emergency Lighting

Monthly Testing

Six monthly test

SS5 Escape Route Pressurisations System

Interface test

SS6 Riser Tests

Diesel Pump Tests

Electric Pump Tests

Diesel Engine Service

Riser Flow Tests (Pressure Control Valves.)

Back Flow Preventor

Diesel Battery Repalcement+A96

Riser Flow Test (No pressure control)

SS8 Passenger Carrying Lifts

Interface test

SS13/1 - Mechanical Smoke Control System

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 Interface test

SS13/2 – Natural Smoke Control System

Interface test

SS13/3 – Smoke Curtains

Interface test

SS15/3 – Fire Separations

Inspections

SS15/4 – Signs for Communicating

Information Intended to Facilitate Evacuation

Inspections

SS15/5 – Smoke Separations

Inspections

Other Systems/Features

Extinguishers

Fire Hose Reels

Trial Evacuation Attendance

Option 2 - Table 2 -Allocated Cost Approach

Regulatory Repair Specific Exclusion
System Component (1) work (2)
SS1 – Automatic
Systems for Fire
Suppression
Diesel Pumps
Electric Pumps
Control Valves
Quarterly Tests
Subsidiary Stop Valves
Flow Switches
Preaction Systems
Annual Tests
Diesel Engine Service
Back Flow Preventor
Test
Tank Inspections
Biennial Inspection
Quadrennial Checks
Diesel Engine Battery
Replacement
SS1 – Other
Systems
Gas flood systems
Gas flood systems

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Gas flood systems
Fan integrity test
SS2 – Automatic
or Manual
Emergency
Warning Systems
Fire Alarm System
Testing
Fire Alarm System
Survey
Smoke Detector
Testing and Cleaning
(20%)
Heat Detector Testing
(2%)
Interface Testing
EWIS System
EWIS System
SS2/3 Interfaced
fire or smoke
doors or windows
Interface test
SS4 Emergency
Lighting
Monthly Testing
Six monthly test
SS5 Escape
Route
Pressurisations
System
Interface test
SS6 Riser Tests
Diesel Pump Tests
Electric Pump Tests
Diesel Engine Service
Riser Flow Tests
(Pressure Control
Valves.)
Back Flow Preventor
Diesel Battery
Repalcement+A96
Riser Flow Test (No
pressure control)
SS8 Passenger
Carrying Lifts
Interface test
SS13/1 -
Mechanical
Smoke Control
System
Interface test
SS13/2 – Natural
Smoke Control
System
Interface test
SS13/3 – Smoke
Curtains
Interface test
SS15/3 – Fire
Separations

14
Inspections
SS15/4 – Signs
for
Communicating
Information
Intended to
Facilitate
Evacuation
Inspections
SS15/5 – Smoke
Separations
Inspections
Other
Systems/Features
Extinguishers
Fire Hose Reels
Trial Evacuation
Attendance

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Schedule 4 – Performance Standards
1. KPIs
The Key Performance Indicators (KPIs) set out in clause 2 of this Schedule 4 are the minimum acceptable
performance standards that the Contractor undertakes to meet in carrying out its obligations under this Agreement.

The performance and service standards in this Schedule 4 will apply to the Services (and any additional services
provided this Agreement) in respect of the Equipment in all circumstances with the exception of failures arising from
malicious damage, vandalism, misuse, acts of God, or where the failure is due to third party connected equipment
(e.g. lift system, fire protection, telephone etc).

2. Key Performance Indicators

With regard to the option selected in Schedule 2, the following are the KPIs for the Services:
Permitted Downtime:

Equipment Effected Max. Acceptable Time Elapse

Minor Failures [insert period] in any 7 day period

Major Failures [insert period] in any 24 hour period

Faults:

All Faults must be repaired within 48 hours of notice from the Principal or Tenant, unless prior written permission of
the Principal has been obtained.
Response Rates:

With the exception of the Permitted Downtime permitted, the following response times will apply from receipt of a
call or notice of a Failure. The response times will be from issue by the Principal or tenant of call to feedback based
on attending site (or remote dial in) to diagnose the problem.

Issue Response Time

Fire call that is a fire alarm or system activation 60 minutes

Major Failure / Faults during Business Hours 60 minutes

Major Failure / Faults outside Business Hours 60 minutes

Fire system notified defect (unless notified to be a

8 hours
Major Failure)

Minor failures/faults during Business Hours 8 hours

Minor failures/faults outside Business Hours 8 hours

Data Integrity:

No Failure is to result in the loss of Records for more than 1 day per quarter from the Commencement Date.
Safety:

No breaches in health and safety policy as stated in the Principal's Health and Safety manual.
Notification:

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 The Contractor must meet the notification requirements for any system shut down, being not less than 48 hours’
notice.

3. Consequences
Where a KPI noted above, or in the special conditions, is not achieved, then the process set out in clause 4.3 will
apply.

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Schedule 5 – Special Conditions of Contract
The following Special Conditions vary the General Conditions:

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Schedule 6 – General Conditions of Contract
1. General Conditions of Contract
These General Conditions shall apply in respect of all Services provided by the Contractor at the Property stated in
Schedule 1. In the event of any inconsistency between these General Conditions and the Special Conditions, the
Special Conditions shall prevail, and as between these General Conditions and any other the other terms and
conditions of this Agreement, these General Conditions shall prevail unless expressly provided to the contrary.

2. Term
This Agreement shall commence on the Commencement Date and (unless terminated earlier) will continue for the
Term until the Expiry Date, as specified in Schedule 1. If the Contractor continues to provide the Services following
the expiry of the Term this Agreement will continue on a month-by-month basis with either party being able to terminate
by giving the other party one month’s written notice.

3. Representatives and Personnel

The Principal’s Representative specified in Schedule 1, or any other agent appointed by the Principal, and notified to
the Contractor, for the purpose of this Agreement, is authorised to give and receive notices, instructions and directions
relating to this Agreement.

The Contractor’s Representative specified in Schedule 1 is the person who is responsible for the proper performance
of the Services to be performed under this Agreement and is authorised to give and receive notices, instructions and
directions relating to this Agreement. The Contractor may by notice change its representative from time to time
provided that there is always a representative.

The Contractor shall ensure that only the appropriately qualified and experienced persons listed in Appendix 1 will
perform the Services under the proper supervision and direction of the Contractor. If there are Key Personnel listed
in Schedule 1, the Contractor shall not replace those persons without the prior approval of the Principal (unless such
person is permanently leaving the employment of the Contractor). In addition to updates whenever any Key Personnel
change, the Contractor will update the list in Appendix 1 on a 12 monthly basis from the Commencement Date.

4. Annual Fee and charges

The Owner will pay the Annual Fee specified in Appendix 2 for the Services, together with such additional services
and fees at the rates specified Appendix 2. The Annual Fee is the all-inclusive cost for the Services to be performed
under the agreement in a 12 month period and includes all costs for the Contractor’s personnel, equipment, materials
and travel, subject to periodic review as specified in Appendix 2 (if any). The Annual Fee is exclusive of any additional
tax, fine, impost or excise, interest or penalty charges due in respect of this Agreement, services provided, or the
plant and equipment.

No additional mileage is to be charged and will be included in the hourly rates.

At any time in any three (3) month period from the Commencement Date, measured quarterly, the Annual Fee will
reduce by the amount of 5% of the Annual Fee for each KPI not achieved. The reduction will apply to any amount
claimed, and continue as a reduction to the Annual Fee for the following three (3) month period. This reduction is
capped to a maximum of 25% of the Annual Fee for that three-month period. The Contractor irrevocably agrees that
the reduction in the Annual Fee is a genuine pre-estimate of the liquidated damages the Principal is likely to suffer or
incur as a result of the failure of the Contractor to meet any such KPI.

5. Invoicing and payment

The Contractor shall invoice the Principal at the frequency set out in Schedule 1 and such invoices are to be received
by the Principal by the Date for Submission of Claim and issued to the address for the Principal stated in Schedule
1.

The Contractor shall use all reasonable endeavours to avoid issuing multiple invoices, and each invoice will have
supporting documentation so the invoice can be verified and approved for payment by the Principal.

Invoices shall be paid as set out in Schedule 1.

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 Where the Principal disputes any portion of an amount invoiced, it shall notify the Contractor of the disputed sum and
the Principal shall not be obliged to pay that disputed portion of the invoice pending resolution of the dispute.

Subject to clause 5.6, if any amount is not paid within 60 days of the due date, the Principal shall pay interest calculated
daily at 1% above the Bank of New Zealand Call Rate on any such overdue amounts calculated from the due date
until the date of payment.

As a precondition to an entitlement to payment under this agreement for works relating to any specified system (as
that term is defined in the Building Act 2004), all invoices must be accompanied by the Contractor’s Certificate in
Appendix 3 that at the time the Services were performed all inspections, maintenance and reporting procedures are
being complied with, and there is no reason but for any prior Contractor’s Certificate noting repairs required, why the
specified systems would not continue to perform to the performance standards for that specified system and that in
its view it is not prevented from providing, and will not withhold, the issue of its certificate for the specified system
when required.

6. Services
(a) The Contractor shall perform the Services specified in Schedule 3, at the frequency required of it as
specified in Schedule 2. The Contractor agrees to perform and provide the Services to the standard
expected of similar operators in the industry providing the same services, and will comply with all
reasonable directions and requirements of the Principal.
(b) The Principal may request the Contractor to perform additional services to those included in Schedule 3,
in which event the Contractor shall provide the Principal with proposed pricing for such services. In the
event the Principal accepts such pricing, then Schedule 3 shall be deemed to include such additional
services as the Services which shall be charged at the fees agreed with the Principal.
(c) The Contractor agrees to respond to a request for a critical or urgent response within the time stated in the
response rates in Schedule 4, and the Principal is liable for the associated call out fees for such
responses as set out in the Key Terms in Schedule 1.
(d) The Contractor agrees to provide the Principal the reports as specified and on the dates set out in
Schedule 1, and Schedule 3.

7. Additional Work
In relation to a specified system, where performing the Services, or due to changes in industry practices or regulations
or otherwise, the Contractor becomes aware that additional work may be required to a specified system which will
affect the issuing of the Contractor’s certification, then:

(a) If those works are of a minor nature which will not impact the performance of the specified system being
maintained under this Agreement, then those works are to be completed in a timely fashion; or
(b) If those works are:
(i) of more than a minor nature and will impact on the performance of the specified system being
maintained under this agreement; or
(ii) are of such a type which the relevant authority would not accept that the Principal, as owner under
the Building Act 2004, has properly maintained the specified system during the preceding 12 months
then the Contractor will provide to the Principal its recommended work plan to complete those works along with an
estimated cost and programme as soon as possible after identification of the works required.

Where the value of the works stated in 7.1(a) are under any agreed spending threshold for discretionary work stated
in Schedule 1, then the Contractor must proceed to undertake those works immediately (and will not be entitled to
charge for additional travel time or attendances as a result) and must notify the Owner that the works have been
undertaken on completion.

Where works of the type noted in 7.1(a) exceeds the agreed spending threshold for discretionary work, then:

(a) If the works are identified during the period which is two (2) months from the date the Principal’s certificate
to required to be provided to the relevant authority under s108 of the Building Act 2004, then provided the
Contractor has given the Principal at least four (4) weeks notice that such works are required, if the
Principal has not confirmed the instruction to proceed within that notice period, then the Contractor shall
not be required to issue its certificate for the maintenance of the system; or
(b) If the works are identified during the period which is within two (2) months of the date the Principal’s
certificate to required to be provided to the relevant authority under s108 of the Building Act 2004, then the
Contractor and Principal shall work together, in good faith, along with the relevant authority, to resolve the
manner by which the required works can be undertaken and the Contractor’s and Principal’s certificates be
given in respect of the specified system.

20
 The Principal has the right to engage a third party to execute additional works provided such works are executed in a
manner consistent with the Contractor's standards, and provided the Principal gives the Contractor the opportunity to
bid for such additional works through a competitive tender process.

For the avoidance of doubt, the reference to a ‘specified system’ in this Agreement is a reference to that term as it is
used in the Building Act 2004.

Any minor controls Services, such as isolating electrical/mechanical equipment shall be first notified to the Principal
prior to isolation and shall be completed promptly to industry best practice standards.

8. Exclusions
It is expressly agreed that the following components and service are not included as part of the Services under this
Agreement:

(a) Replacement of consumables and end of life parts;

(b) Repair of any damage resulting from accident, vandalism, abuse, misuse or theft not caused by or
contributed to by the Contractor;
(c) Fees associated with monitoring the fire alarms or sprinkler systems; and
(d) Modification or alteration to any of the Equipment required as a result of any lawful directive from any
Government authority or agency, changes in law, regulation code or by-law.
9. LBP or IQP Registration
The Contractor is to provide to the Principal the latest copy of their company’s Licensed Building Practitioner (LBP)
or Independent Qualified Person (IQP) registration prior to commencing the Services. The Contractor undertakes to
keep its LBP or IQP registration current throughout the term of this Agreement.

10. Timing of Services

Except for Services undertaken in public areas, all Services will be provided during the Business Hours unless
otherwise agreed prior in writing.

The Contractor must notify the Principal of any Services that will diminish the Equipment's capability to protect life
and property not less than 48 hours before such Services commence.

11. Regular Attendance

The Contractor’s Representative who will periodically visit the Property and will be available for consultation on any
matter relating to the Services. The Contractor’s Representative will be available to discuss the Services and needs
in the area of upgrade recommendations and requirements of code authorities and proper use and care of the fire
systems and equipment.

The Contractor shall:

(a) abide by the Principal’s requirements and rules when signing in and out of the Property;
(b) provide at least 48 hours prior notice before attending the Property to conduct any Services. This notice
period excludes emergency callouts to the Property;
(c) ensure that the Contractor’s staff are in uniform and wear identification at all times while on the Property
performing the Services;
(d) not isolate any of the Property plant and machinery when conducting the Services during normal business
hours without first seeking the Principal’s prior written approval;
(e) ensure that all of the Contractor's personnel abide by the No Smoking policy at any time on the Property;
and
(f) take all necessary and reasonable steps to ensure that the security of the Property is maintained at all
times during the conducting of the Services, including following protocols and rules issued by the Principal
(if any) and being responsible for returning all master keys or electronic opening devices assigned to the
Contractor. The Contractor will liable for the cost of replacing the keys or electronic opening devices for
the Property should any of these be lost

12. Inspection and Condition Reports

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 The Contractor will submit to the Principal a monthly summary report of Fire Maintenance Services activities
completed by the 7th of the following month. The report will include all reasonable content requested by the Principal’s
Representative to support the continuous improvement of performance, including but not limited to:

(a) estimated hours for the Services and report actual hours to complete the Services.
(b) conditional reporting where relevant.
(c) preventative activity completed during the Services and remedial works recommended.
(d) all emergency call outs will require a report identifying fault actions and recommendations to prevent
reoccurrence.
In addition to the reports required under Schedule 3 the Contractor will provide to the Principal an annual report from
a qualified person which summarises the current condition of the Equipment and also identifies any safety issues
related to the Equipment.

Not later than November of each year the Contractor is to produce to the Principal an indicative capital expenditure
projection for the following ten years.

13. Measurement
(a) The Contractor will comply with all reasonable requests with regards to measurement and reporting of
KPIs.
(b) Bi-monthly meetings between the Principal's Representative and the Contractor's Representative will be
held to discuss the respective reports to determine performance and remedial actions if required.
(c) The Contractor will provide a 24-hour callout service giving the Principal the comfort that expert backup is
always available to meet the response times stated in Schedule 1.
(d) The Contractor will provide a full account management service both local to the Property and at a national
level (if required for the Services).

14. Reporting/Monitoring
The Contractor will provide a maintenance history log utilising the asset register in excel or similar suitable for fault
analysis. That log will be updated monthly and made available to the Principal with the Contractor’s invoice for services
for reporting and reviewing against the KPIs contained in this Agreement.

Not later than November of each year the Contractor is to produce to the Principal an indicative capital expenditure
projection for the following ten years.

The Contractor will also be required to review and report obsolescence to the Principal by November each year

By November of each year the Contractor is to produce to the Principal an indicative capital expenditure projection
for the following ten years.

15. Comments
Where any of the Equipment is replaced the Contractor shall only install working Equipment of a similar quality. Any
Equipment repaired shall be returned to a fully functional state consistent with the Equipment's state when first
installed. Replacements or repairs shall provide continued reliable performance.

16. Spare Parts

The Contractor will maintain a reasonable stock of spare parts and supplies to service the Equipment and deliver the
performance levels required under this Agreement. The Contractor will review availability of spares to assure the
performance levels required under this Agreement. Pricing for parts supplied shall be as set out in Appendix 3 and
the Contractor shall not apply any margin for supplied materials in excess of the percentage specified in Schedule 1.

17. Minimise Hazards

The Contractor will work collaboratively with the Principal and the Principal’s Representative to provide a work
environment free from hazards for the Contractor's personnel and all the users of the plant and equipment located at
the Property and being maintained by the Contractor pursuant to this Agreement.

18. Health and Safety/Onsite Maintenance Procedures

22
 Where indicated in Schedule 1 that the Principal has a health and safety policy, the Contractor acknowledges that
the Principal has a health and safety policy in place and that it has reviewed that policy.

The Contractor will undertake to complete all on-site maintenance procedures and monitoring in accordance with
building recommendations, industry good practice, the Principal’s health and safety policy and its obligations under
current health and safety legislation.

19. Health and Safety

In addition to the requirement to comply with the Principal’s health and safety policy, The Contractor will also:

(a) comply with the requirements and obligations imposed by the Health and Safety at Work Act 2015
(HSWA) (or any amending or replacing legislation) and the Principal's Health and Safety policy;
(b) take all practicable steps to ensure that the obligations imposed upon the Principal under the HSWA (or
any amending or replacing legislation) is complied with at all times;
(c) comply with the requirements of any relevant Government guidance, industry best practice guidance or
operations manuals in respect of the Services and any machinery or equipment;
(d) ensure that all personnel performing the Services are appropriate qualified, trained and supervised for the
task being performed, and are equipped with appropriate personal protection equipment;
(e) take all practicable steps to ensure the safety of the Principal's personnel, the Contractor's personnel, and
any third parties in connection with the performance of the Services;
(f) develop, in discussion with the Principal’s Representative, a Site Specific Safety Plan (SSSP) for the
Property and operate at all times in accordance with this SSSP [a written health and safety system
comprising policies and procedures which are of a standard compatible to the Principal's own Hazard
Identification and Management Policy and which recognise and compliment the Principal's commitment to
health and safety and, upon request, provide copies of such policies and procedures, and evidence of
compliance, to the Principal;]
(g) notify, and procure that its personnel notify, the Principal of any hazards within the Property identified while
carrying out Services and provide written confirmation of such hazards as soon as practicable;
(h) notify, and procure that its personnel notify, the Principal of any incident, accident or near miss which
occurs on the Principal’s premises and co-operate with the Principal and (where necessary) Worksafe New
Zealand in respect of any reporting and site securing obligations, and in respect of any investigation;
(i) on request by the Principal, provide to the Principal any documentation related to its compliance with its
health and safety obligations, including, but not limited to, policy and procedure documents, hazard and
accident registers, training and qualification documentation and records of training and health and safety
briefings;
(j) submit, in advance of bringing on to the Property, to the Principal for approval details of any hazards
materials or items which are to be used for the Services or incorporated into any part of the Property; and
(k) conduct an annual audit of its Health and Safety system and supply a copy of this audit to the Principal
within 10 days after the audit has been completed.
The Contractor confirms that it has been provided copies of, and that the Contractor and its relevant personnel are
familiar with, the Principal’s policies and procedures referred to above and their application or implication in respect
to the performance of the Maintenance Services.

A failure by the Contractor to meet the above requirements shall constitute a breach of this Agreement. The Principal
shall be entitled to suspend immediately the performance of any part or all of the Fire Maintenance Services of this
Agreement at the Contractor's expense for such period as is necessary and until the Contractor has remedied the
failure.

20. Principal’s Insurance

The Contractor and its personnel or agents or subcontractors under the control of the Contractor will not knowingly
do or permit anything that may be render any insurance of the Principal void or voidable (and the Contractor
indemnifies the Principal against loss that might arise should this occur) or by which the premium payable on such
insurance will be liable to increase (except with the Principal's prior written approval) and if the Contractor does so
then the Contractor will pay all extra premiums payable.

23
21. Contractor Liability
The Contractor hereby indemnifies and shall keep indemnified and save harmless the Principal and the Principal's
employees and agents from any action, demand, loss, damage, liability or expense arising from or caused or
contributed to by the provision of the Services by the Contractor (or its sub-contractors) or from any omission,
negligence, wilful act or any breach of the terms of this Agreement on the part of the Contractor, including without
limitation:

(a) Loss or damage to property of the Principal, including the Property in or upon which the Services under
this Agreement are being carried out (but excluding damage which is the unavoidable result of the
performance of the Services in accordance with this Agreement where the need to incur such unavoidable
damage has first been notified to the Principal and approved in writing;
(b) any claims by any person against the Principal in respect of personal injury or death; and
(c) any costs the Principal may incur in respect of that loss or liability,
provided that the Contractor's liability to indemnify the Principal shall be reduced proportionally to the extent that the
act or omission of the Principal or employees or agents of the Principal may have contributed to the loss, damage,
death or injury.

The Contractor will

(a) obtain and hold such insurances as set out in the Key Terms and for the amount stated in the Key Terms.
Where such insurances are to be held, then:
(i) In relation to Public Liability Insurance,
(ii) In relation to Professional Indemnity Insurance;
(iii) In relation to Motor Vehicle Insurance, in the Key Terms throughout the term of this Agreement.
(b) Prior to commencing the Services, and if requested by the Principal at any time during the Term, the
Contractor must provide a certificate of currency for the required insurances.

22. Termination
The Principal may terminate this Agreement by giving not less than 30 days written notice to the Contractor:

(a) where the Equipment is to be removed or decommissioned permanently; or

(b) upon the Principal furnishing reasonable proof that the entire legal and beneficial ownership of the
Property has changed or is to change to a party that is not a related company of the Principal as defined in
the Companies Act 1993; or
(c) where the Property is damaged or destroyed to the extent of being incapable of repair or reinstatement
and is rendered untenantable or if the Principal does not intend to reinstate the Property.
The Principal or the Contractor may terminate this Agreement by giving written notice at any time when:

(a) the other party becomes insolvent, bankrupt, or being a corporation enters into a scheme of arrangement
with creditors, or has a receiver/manager, or liquidator appointed (other than for the purpose of
amalgamation or reconstruction);
(b) the other party has made an application made to a court for, or a resolution proposed for or any other step
taken in anticipation of, the appointment of an administrator or has an administrator appointed;
(c) the other party commits a serious breach of this Agreement and fails to substantially commence
rectification of such breach within 5 Business Days after service by the party not in breach, of written
notice specifying the nature of the breach and indicating the intention to terminate in the event of failure to
rectify; or
(d) some or all of the Equipment has been rendered permanently non-operational by fire, water, or other
cause beyond the Principal's control.
The Contractor may terminate this Agreement by giving 30 days written notice to the Principal in the event of:

(a) failure by the Principal to pay any monies due under this Agreement within 60 days of their becoming due;
(b) the Equipment being, or having been, put to unreasonable use, or use outside its original design
specification by the Principal or its agents or employees;
(c) the Contractor being obstructed for any reason beyond its control, from carrying out any of its obligations
under this Agreement;
(d) the Principal allowing fire maintenance services to be carried out by anyone other than the Contractor, its
servant and agents, other than in accordance with clause 23 or otherwise without the Contractor's consent,
such consent not to be unreasonably withheld; or

24
 (e) the Principal failing to carry out work required by legislation or code in particular work relating to safety,
provided that the Contractor has first given written notice of the default or failure to the Principal and the Principal
has not rectified (or is unable to rectify) such default or failure within 14 days of the receipt of the Contractor's
notice.
Termination of this Agreement will not prejudice any rights or liabilities accrued to a party as at the date of termination.

23. Assignment and Sub-contracting

The Principal may assign this Agreement at any time. If the Principal assigns this Agreement, the Principal will use
all reasonable endeavours to procure the proposed assignee to execute a document to the effect that it shall be bound
by the terms of this Agreement.

The Contractor may not assign this agreement nor subcontract the Fire Maintenance Services without the prior written
consent of the Principal.

24. Disputes
If any dispute or difference arises between the parties regarding the terms of this Agreement or the performance of
the Fire Maintenance Services (Dispute) then the Principal and the Contractor shall upon request of either party meet
and use reasonable endeavours to resolve that Dispute amicably.

If the parties fail to resolve the Dispute within 10 Business Days of their first meeting to discuss the Dispute, then
either party may refer the Dispute to arbitration by a single arbitrator appointed by agreement for determination in
accordance with the provisions of the Arbitration Act 1996. If the parties can agree upon an arbitrator, an arbitrator
will be appointed by the president for the time being of the New Zealand Law Society (or his or her nominee). The
award of the arbitrator shall be final and binding on both parties.

Despite the dispute or the referral of that dispute for resolution, the parties shall continue to perform their respective
obligations under this Agreement has if that dispute had not occurred.

25. Notice
Any notices or other communications to be sent or served on either party will be sufficiently served if mailed by prepaid
post to the party at its registered office or to the address stated in this Agreement or such other address as is notified
by the Contractor or Principal to the other. A notice so served is treated as being duly served on the third day after
posting.

26. Force Majeure

Notwithstanding any other provision to the contrary, the Contractor shall not be liable for any failure or delay in
providing the Services or otherwise complying with any obligation imposed on it under this Agreement if:

(a) The failure or delay arising directly or indirectly from a cause reasonably beyond the Contractor’s control,
including without limitation as a result of legislative requirements, power failure, communications failure or
the carrying out of repairs or other maintenance work on the Equipment;
(b) The Contractor, on becoming aware of the cause, promptly notifies the Customer of the nature and
expected duration of, and the obligation affected by the cause;
(c) The Contractor uses commercially reasonable endeavours to:
(i) Mitigate the effects of the cause on the Contractor’s obligations under this Agreement; and
(ii) Perform the Contractor’s obligations under this Agreement on time despite the cause.

27. General
Joint and Several Liability: If any party to this Agreement consists of more than one person then the liability of
those persons is joint and several.

Illegality or Unenforceability: If any provision of this Agreement is held to be illegal or unenforceable then it is
deemed to be struck out of this Agreement and the remainder of the terms of this Agreement shall remain otherwise
in full force and effect.

Governing Law: This Agreement is governed and construed in accordance with the laws of New Zealand and
the jurisdiction of its courts.

25
 Permitted Assigns: Reference to any party includes that party's executors, administrators and permitted assigns,
or being a company, its successors and permitted assigns.

Entire Agreement: This Agreement when signed by the Principal and Contractor shall represent the entire
understanding of the parties, and cannot be varied or amended except in writing signed by both parties.

No Agency: The Contractor is not authorised to act as the Principal’s agent, and further, in the performance of the
Services the Contractor is not a partner, joint venture, servant or employee of the Principal.

Waiver of Rights: A failure, delay, or indulgence by a party in exercising any power or right conferred on the
party by this Agreement does not operate as a waiver of the power or right. A single or partial exercise of the power
or right does not preclude a further exercise of it or the exercise of any other power or right under this Agreement. A
waiver of a breach does not operate as a waiver of any other breach.

28. Definitions and Interpretation

In this document, words and expressions shall, unless the context requires otherwise, have the following meanings:

Agreement means this agreement for the Services signed by the Principal and the Contractor;

Business Day means a calendar day other than any Saturday, Sunday, public holiday or any day falling within the
period from 24 December to 5 January both days inclusive;

Business Hours means those stated in Schedule 1 on any Business Day;

Commencement Date means that date stated in Schedule 1;

Contractor means the party named as such in this Agreement;

Contractor’s Representative means the person named in Schedule 1;

Equipment means the plant and equipment and the associated system relevant for the purposes of the performance
of the Services at the Property and as more specifically set out in Schedule 2 and Schedule 3;

Failure for the purpose of measuring performance, failure is deemed as the Equipment either not fulfilling the intended
function of causing unnecessary interruption to the Principal's (or the Principal's tenants) business function;

Faults mean that circumstance or event where the Equipment is not fully functional, however the fault does not
prevent use of the Equipment and does not cause or contribute to a Failure;

Key Performance Indicator’s or KPIs means the performance targets to be met pursuant to this Agreement under
Schedule 4;

Major Failure means a Failure which prevents the Services from protecting the occupants and property;

Minor Failure means a Failure of a pluggable component or other components, such as a printed circuit board etc,
which requires no specialist assistance, tools or equipment;

Permitted Downtime means the time during which the system is unable to meet the agreed standards and this failure
affects the Property for a period longer than stated in Schedule 4;

Property means the Principal’s property as specified in Schedule 1, for which the provision of Services is being
provided;

Principal means the party named as such in this Agreement;

Principal’s Representative means the person named in Schedule 1;

Records means all records held by the Contractor or generated by the System or any Equipment (or as the context
require both the system and the Equipment, or is a reasonable expectation of the delivery of the Services); and

Services means the scope of fire maintenance services to be provided by the Contractor for the Annual Fee under
this Agreement;

26
Interpretation:

In this document:

(a) headings are for reference only and do not affect interpretation;
(b) any undertaking, representation, warranty or indemnity by two or more parties (including where two or
more persons are included in the same defined term) binds them jointly and severally;
(c) the singular includes the plural and vice versa, a gender includes other genders and different grammatical
forms of defined expressions have corresponding meanings;
(d) unless stated otherwise, anything (other than making a payment) required to be done on or by a day which
is not a Business Day, must be done on or by the next Business Day;
(e) no provision or expression is to be construed against a party on the basis that that party (or its advisers)
was responsible for its drafting; and
(f) examples and use of the word including and similar expressions do not limit what else may be included.
(g) Unless the context requires otherwise, a reference in this document to:
(h) a party to any document includes that person's successors and permitted substitutes and assigns;
(i) an agreement includes any legally enforceable arrangement, understanding, undertaking or representation
whether or not in writing;
(j) an authorisation means any consent, authorisation, registration, filing, agreement, notarisation, certificate,
permit, licence, approval, authority or exemption of, from or required by, a authority or required by law
(and where intervention or action of a authority within a specified period would fully or partly prohibit or
restrict something by law, authorisation includes the expiry of that period without that intervention or
action);
(k) a person, corporation, trust, partnership, unincorporated body or other entity includes any of them;
(l) time is to New Zealand time unless stated otherwise; and
(m) legislation or other law or a provision of them includes regulations and other instruments under them, and
any consolidation, amendment, re-enactment or replacement.

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Appendix 1 – List of Employees, Qualifications and
Registrations

Note - In addition to updates whenever any Key Personnel change, the Contractor
will update the list in Appendix 1 on a 12-monthly basis from the Commencement
Date.

Registration
Employee Name Certification
Qualifications /Licenses

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Appendix 2 – Agreed Labour Parts Pricing and
Rates

The below is a list of agreed labour parts pricing and rates for:
(a) Replacement of consumables and end of life parts
(b) Repair of any damage resulting from accident, vandalism, abuse, misuse or
theft not caused by the Contractor;
(c) Modification or alteration to any of the Equipment required as a result of any
lawful directive from any Government authority or agency, changes in law,
regulation code or by-law.
are:
(example only)
Labour rates Parts and Components Pricing

Description of cost Cost $

Hour Labour during work hours $

Hour Labour after hours $

Emergency Callout fee (minimum hours $

Diesel Fuel (per Litre) $

Leather valve straps $

003 padlocks $

Fire Sprinkler head (new) $

Fire Sprinkler head (re-locate) $

Flow Switch $

Sprinkler Valve Set - Drain down and re-charge $

Escutcheon plates $

Water operated alarm gong $

Fire sprinkler head (for spares cabinet) $

Sprinkler head spanner $

Fire service connection breaches (brass) $

Fire service connection breaches cap (brass) $

Hydrant landing valve $

Landing valve protective cap $

Landing valve protective cap chain $

Landing valve Hand-wheel $

Pressure gauge $

29
 Pressure switch $

Smoke detector (addressable) $

Smoke detector (conventional) $

Thermal detector (addressable) $

Thermal detector (conventional) $

Fire Alarm Bell $

Warden intercom phone $

Manual Call Point $

Manual Call Point replacement glass $

EWIS/OWS speaker $

EWIS/OWS horn $

Fire indicator Panel/EWIS/OWS zone card $

Fire hose reel complete $

Hose reel nozzle $

Hose reel drum assembly $

36mm hose $

Hose reel stop cock $

Parts and Components Pricing

Description of cost Cost $

Fire door (per leaf) $

Fire door lock & handler $

Vesda System filter $

Fire pillow (300mm x 100mm) $

Fire extinguisher disc $

Fire extinguisher location sign $

Fire extinguisher wall bracket $

Fire extinguisher - 2.0kg CO2 $

Fire extinguisher - 2.5kg CO2 $

Fire extinguisher - 3.5kg CO2 $

Fire extinguisher - 5.0kg CO2 $

Fire extinguisher - 4.5kg Dry Chem. ABE $

30
 Fire extinguisher - 9.0kg Dry Chem. ABE $

Fire Extinguisher - 9 litre water $

Fire extinguisher - 9 litre foam $

Fire extinguisher - service tag & ring $

Fire extinguisher - anti-tamper seal $

Fire blanket $

Recharge & Pressure Test CO2 Extinguisher $

Recharge & Pressure Test Dry chem. ABE Ext. $

Recharge & Pressure Test Foam Extinguisher $

Recharge & Pressure Test Water Extinguisher $

Fire Systems and Equipment Summary List

As a summary, the Equipment to be serviced includes but is not limited to the following:

Item Sample Description Cost $pa Hours pa

1 Underground fire hydrant- 1 ring main $00.00 X

5 hydrants

2 Riser mains, fire hydrants and hoses – $00.00 X

1 system 10 hoses

3 Automatic fire sprinklers systems – 3 $00.00 X

systems 500 sprinkler heads

4 Back flow preventers – 3 units $00.00 X

5 Fire alarm systems – 3 systems with 3 $00.00 X

panels, 10 manual brake-glass units,
300 smoke and 20 thermal detectors

6 EWIS panels – 3 units $00.00 X

6 EWIS floor warden panels – 10 units 00.00 X

7 Diesel fire pump $00.00 X

8 Electric fire pumps – 3 off $00.00 X

9 Fire pump batteries – 2 off $00.00 X

10 Gas flood systems – 1 system with 10 $00.00 X

nozzles

11 Smoke curtains – 10 off $00.00 X

12 Fire hose reels – 30 off $00.00 X

13 Fire extinguishers – ABC type – 20 off $00.00 X

31
14 Fire extinguishers – water type 2 off $00.00 X

15 Fire extinguishers – CO2 type – 2 off $00.00 X

16 Fire blankets – 2 off $00.00 X

17 Fire doors – 2 off- $00.00 X

18 Fire door magnetic hold open – 4 off- $00.00 X

19 Consumables $00.00 X

20 Other/Sundry Costs $00.00 X

Total Cost per annum $00.00 xxxhrs

Schedule of rates for Fees for additional services inclusive of travel costs as defined by this
additional services Agreement

Service Technician ($)[insert] + GST per hour

Application Engineer ($)[insert] + GST per hour

Apprentice Technician ($)[insert] + GST per hour

Materials supply margin will not

[insert]%
exceed

Penal Rates and Penal rates and callout attendance for

[insert]% = GST per hour
Emergency Callout afterhours loading
Fees
Penal rates for statutory/public
[insert]% = GST per hour
holidays callout attendance loading

Emergency call out fees will be paid at

the agreed penal rate for a minimum [insert minimum time period]
time of:

Agreed Parts Pricing

and Rates Refer Appendix 3

Review Date [insert]

[Unless otherwise advised the annual maintenance fee is fixed for the
period]

Review Mechanism [insert]

Works Response Time

Pricing additional works Provided within 48 hours of request from the

Principal or the event.

Completion of additional works Completed within the agreed timeframe

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Appendix 3 – Contractor’s Certificate
[to be attached with each payment claim]

To: [insert principal’s name]

Property: [insert]

Contract Reference: [insert]

Specified System(s): [insert details]

Period: [insert] to [insert]

In submitting the attached [payment claim / invoice], we confirm:

1. That all inspections and maintenance required for the specified system as required by the
Agreement were performed, unless otherwise stated by us prior to the date of this
confirmation;

2. That all health and safety obligations were complied with (except for any incidents advised
during the period noted above);

3. That where minor works under the discretionary threshold were performed we have including
supporting information to confirm this work was required and completed;

[contractor must delete options such that one applies for each certificate]

(a) Fully Operation - There were no additional works identified as being required for the
specified system to continue to either perform as designed and which would, if not
performed, impact on our ability to issue a certificate to you to obtain the building
warrant of fitness; or

(b) Work Required - That certain works require your confirmation to proceed with (and
which we may have already provided notice of) as those works either exceed the
discretionary threshold and/or are required for the specified system to perform as
designed (and being of more than a minor nature) and if not completed by the time
stated below, will impact on our ability to issue a certificate to obtain the building
warrant of fitness:

Works required to Timeframe for completion Date by when

specified system of works Instruction to
proceed required

(c) Instruction required - This certificate is issued on a provisional basis due to previous
certificate indicating work was required to a specified system and that work has not at
the date of this certificate been instructed to proceed and either:

i. If we are not instructed by the date indicated in that pervious certificate, it will
limit our ability to issue our certificate to obtain the building warrant of
fitness; or

ii. we cannot now issue our certificate to obtain the building warrant of fitness
(as the time for completion has passed) and the specified system will not
perform as design until the work required is completed.

33
4. That in all other respects our obligations under the Agreement during the period noted above
have been compiled with; and

5. That the person signing this document is authorised to do so on behalf of the Contractor
regarding the statements being made.

Signed by

[director / general manager]

34