1) Definitions

a) Activities and Work mean any activity or work HSNZ undertakes for you, including assessment, supply, installation, servicing, or any other activity you request and which we agree to undertake.

b) Estimate means initial indicative pricing for the supply, installation,or related goods and services. An Estimate is not a Quote and is not firm pricing for any related activity.

c) Dwelling means the residential or other such property in which we supply and install products to.

d) Goods means the appliance, hearth, flue kits, wetback, fireplace parts, and any other goods or services supplied by us to you and which are specified in the Sale and Purchase Agreement.

e) Quote means HSNZ’s formal proposal and pricing for the specific activities.

f) Installation means installation of the appliance into the dwelling and any related incidental services quoted in the Sale and Purchase Agreement.

g) Sale and Purchase Agreement means the agreement between you and HSNZ that is formed when you accept the proposed activities and related costs set out in the Quote.

h) Service and Servicing mean any maintenance, servicing, or repair work HSNZ undertakes with your prior agreement, whether or not HSNZ supplied the relevant goods.

i) HSNZ means Heatstore New Zealand (2026) Limited.

j) Pellet or Wood Fire Technician means any person authorised by HSNZ as an installer or service technician.

k) OEM means Original Equipment Manufacturer.

l) Warranty and Warranties shall have the same meaning and will be strictly as specified by the equipment manufacturer. No additional warranty shall be applied.

2) Price

a) The price for the Goods and Services is the written amount quoted to the customer or, if no written quote is provided, HSNZ’s standard charges at that time.

b) HSNZ may withdraw any Sale and Purchase Agreement before it is accepted. Any quotation expires 30 days after issue without notice.

c) Unless agreed otherwise in writing, freight, insurance, and delivery charges are additional to the quoted price.

d) The customer must pay the deposit stated in the Sale and Purchase Agreement within 7 days of the deposit invoice. If the Sale and Purchase Agreement is cancelled, any full or partial deposit reimbursement will be determined under clause 7 of these terms and conditions.

e) If the contract deposit is not paid within 7 days of invoice, HSNZ may update the contract price or cancel the contract without notice. If the price changes, the customer will receive a revised quote for acceptance.

3) Supply of Goods and Services

a) HSNZ will supply the contracted Goods and Services in accordance with these Terms and Conditions. No additional or different terms apply unless HSNZ agrees to them in writing.

b) Where HSNZ supplies parts which are installed by a third party, HSNZ shall not be held liable or responsible for any defect which are subsequently identified with those parts, or which relate to the installation of those parts.

4) Third Parties

a) If HSNZ supplies products that are later serviced by a third party who is not an approved service agent for that equipment, HSNZ is not responsible for any resulting defects in workmanship or parts. Any remaining warranties for those products are immediately waived, including any claims under the Consumer Guarantees Act or any other related legislation.

5) PPSA, Title, and Risk

a) These Terms constitute a security agreement for the purposes of the Personal Property Securities Act 1999 (PPSA).

b) Title and ownership in all Goods supplied by HSNZ remain with HSNZ until HSNZ receives full payment for those Goods and all other amounts owing by the customer.

c) Risk in the Goods passes to the customer on completion of installation or, if no installation is required, on delivery or supply of the Goods.

d) Until title passes, the customer holds the Goods as bailee for HSNZ and must keep them identifiable and protected.

e) HSNZ may register a security interest in the Goods under the PPSA and these Terms and Conditions of Sale.

f) The customer must sign any documents and provide any information HSNZ reasonably requires to register and maintain that security interest.

g) The customer waives the right to receive a verification statement for the duration of the security interest.

6) Non-Contracted Expenses

a) Before installation begins, the customer is responsible for ensuring that the premises where the Goods are to be installed comply with the applicable building code standards. Any preparatory or remedial work is at the customer’s expense.

b) The customer must complete any additional work not covered by the HSNZ Sale and Purchase Agreement before the agreed installation date. This may include engaging a plumber, electrician, builder, or other subcontractor, or arranging work such as removing an existing fireplace or extending a hearth.

c) Additional work that is not included in HSNZ’s contract, and the customer is solely responsible for, is strictly at the customer’s expense. No deductions, offsets or other claims for such costs will be accepted.

d) HSNZ is not responsible for damage caused by work carried out by any subcontractor engaged by the customer.

e) If HSNZ arrives to install the Goods and considers that the required time or cost is materially higher than the standard costs assumed in the Quote, HSNZ may charge an additional amount for that work. This may occur because of removal of an existing fireplace, changes to building plans, or other circumstances which have not been addressed in time by the customer.

f) HSNZ will endeavour to discuss any variation with the customer before installation. Any additional charge will be invoiced at HSNZ’s normal charge-out rates.

7) Cancellation Before Installation

a) If the customer cancels the contract before installation, HSNZ will refund the deposit LESS any costs incurred up to the cancellation date, including sales commissions, restocking fees, and administration costs.

b) The council application handling fee is non-refundable.

c) HSNZ may apply the following restocking fees:

i) Cancellation within 5 days after the deposit is paid: no restocking fee.

ii) Cancellation more than 5 days but less than 20 days after the deposit is paid: 25% of the deposit.

iii) Cancellation 20 days or more after the deposit is paid: 50% of the deposit.

8) Delivery

a) HSNZ will use reasonable endeavours to deliver and install the Goods at the time arranged with the customer. HSNZ is not responsible for delays caused by events beyond its reasonable control, including inclement weather, excessive traffic disruptions, employee illness or customer readiness.

9) Customer Postponement

a) HSNZ may charge a postponement fee if the customer does not notify HSNZ at least 48 hours before the planned installation or service and any of the following occurs:

i) the customer postpones an installation or service appointment;

ii) the property cannot be safely accessed to complete the planned installation or service;

iii) the installation or service cannot be completed because of access constraints, including incomplete building or preparation work, restricted physical access, or conflicting work on site; or

iv) the customer or property is unavailable for any other reason on the planned installation or service date.

b) If clause 8.1 applies, HSNZ may charge a postponement fee of up to one hundred dollars or 20% of the total quoted value of the affected installation or service work, whichever is greater.

10) Removal After Installation

a) Unless otherwise agreed in writing, if an HSNZ pellet or wood fire is removed after installation for any reason, the original installation, removal, flue, permit, resource consent, sales commission, and administration charges are non-refundable.

b) If the appliance cannot be reused because of its condition, the cost of the unit is also non-refundable.

c) If HSNZ can resell the appliance, HSNZ will first deduct all amounts owing. HSNZ will then repay the customer the lesser of:

i) the part payments made by the customer, less any deductions;

or

ii) the balance remaining from the appliance resale proceeds.

11) Outstanding Payments

a) The customer must pay the full amount due under the Sale and Purchase Agreement without any deduction, withholding, or set off.

b) The outstanding balance, less any deposit or prepayment already made, is due immediately on completion of installation or delivery, whichever occurs first.

c) Any amount unpaid after the due date may incur interest, calculated daily at a fixed rate of 10%.

d) If an account remains unpaid 90 days after installation, and following reasonable efforts to recover any monies owed, HSNZ may refer it to a debt collection agency. The customer is liable for all recovery costs incurred by HSNZ or the agency in recovering, or attempting to recover, the outstanding balance, including solicitor-client costs and debt collection costs.

12) Council Inspection and Permit to Use

a) The customer must contact the relevant council to arrange inspection of the installed fire and obtain the permit to use within 7 days after installation is completed. The customer is solely

responsible for any consequences of using the fire before that inspection or permit is obtained.

b) The customer acknowledges that they are responsible for obtaining the permit to use. Final payments to HSNZ may not be withheld because the permit to use has not been obtained within 7 days.

c) If HSNZ supplies a fire under a subsidy agreement, the customer must obtain the permit to use in accordance with this clause 12. If the permit is not obtained within 7 days after installation is completed, the customer must immediately pay HSNZ any outstanding subsidised amount for that installation.

13) Personal Insurance

a) The customer is responsible for providing all documentation required by their personal insurer in accordance with the terms of their insurance policy.

14) Governing Law

a) These Conditions of Sale are governed by New Zealand law and must be interpreted in accordance with that law.

15) Limitation of Liability

a) To the fullest extent permitted by law, HSNZ’s total liability arising from or in connection with the supply of Goods or Services is limited to the price of the Goods supplied. HSNZ is not liable for consequential, direct or indirect loss, damage, or costs of any kind, including any loss not included in the price of the Goods supplied.

b) The maximum amount HSNZ shall be liable for in any situation shall be the amount invoiced by HSNZ for that situation.

16) Privacy Act

a) Collection and use of personal information. The customer authorises HSNZ to collect and hold personal information from any source HSNZ considers appropriate for assessing creditworthiness, communicating promotional activities and product information, debt collection, and related purposes where such disclosure is necessary to effect HSNZ contractual obligations or is permitted by law.

b) Disclosure. The customer also authorises HSNZ to disclose personal information for those purposes to other parties, including HSNZ’s subsidiaries, related companies, and shareholders.

c) Access and correction. The customer may access and request correction of personal information HSNZ holds about them.

d) Digital images. The customer authorises HSNZ, its employees, contractors, and representatives to take digital images of the work and work site before, during, and after completion. HSNZ must hold those images securely and use them only to record the work undertaken.

17) Consumer Guarantees Act (CGA)

a) If the Consumer Guarantees Act applies, these Conditions of Sale are subject to the customer’s rights under that Act. If the customer acquires Goods or Services for business purposes, the Consumer Guarantees Act does not apply.

18) General Terms

a) Waiver or variation. Any waiver or variation of these Conditions of Sale is effective only if made in writing and signed by an authorised person. A waiver of one condition does not affect HSNZ’s future rights under these Conditions of Sale or any other condition.

b) Severability. Each clause in these Conditions of Sale is separate and enforceable on its own. If any clause is found to be illegal or unenforceable, the remaining clauses continue in full force and effect.