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Terms of Sale (New Zealand)

These Terms of Sale govern every supply of a factory-built granny flat by Lodgeyard, a brand of REXOR GROUP LLC, to a client in New Zealand. They are read together with your written Quote, the documents prescribed under Part 4A of the Building Act 2004 and our written warranty against defects.

Version 2.0, 25 October 2026. This version replaces the terms published on this website in October 2026 for every Quote issued on or after 25 October 2026.

Important information for consumers. Nothing in these Terms limits or excludes your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or the implied warranties for residential building work in sections 362I to 362Q of the Building Act 2004. Where a provision of these Terms would have that effect, it does not apply to you to that extent.

Until the Ministry of Business, Innovation and Employment (MBIE) answers in writing the questions put to it on 23 October 2026, we take no deposit for a project that relies on the granny flat exemption. Your project can go through a building consent instead: your Quote then shows the consent fees and the extra time.

Payments are made only by bank transfer to the account shown on our pro forma invoice. We will never ask you to pay to bank details sent by any other means. If in doubt, contact us before paying.

1. About these Terms

1.1 These Terms of Sale (the Terms) set out the terms on which REXOR GROUP LLC, through its brand Lodgeyard, supplies factory-built expandable granny flats and associated goods, services and documents to clients in New Zealand.

1.2 These Terms apply to every Quote we issue for a Site in New Zealand and to every Contract formed on the basis of such a Quote. They do not apply to supplies for a site outside New Zealand, which are governed by the terms published for the relevant country.

1.3 The Contract between you and us consists of the following documents which, in the event of inconsistency, prevail in the following order:

1.4 Clause 1.3 does not allow any document to reduce the rights given to you by clause 19, by the Warranty Document or by law. The Disclosure Statement and the Checklist described in clause 6 are information documents prescribed by law: they are given to you before the Contract is formed and form part of the record of the Contract, but they do not reduce any right you have under it.

1.5 You may ask us to explain any provision before you sign a Quote. The Checklist prescribed under the Building Act 2004 recommends that you obtain legal advice before you sign a contract for residential building work.

2. Definitions and interpretation

2.1 In these Terms, unless the context requires otherwise:

2.2 In these Terms, unless the context requires otherwise:

2.3 If a provision of these Terms is ambiguous, it is to be interpreted in the way that is more favourable to you, as the party who did not prepare it.

3. Who we are

3.1 Lodgeyard is a brand of REXOR GROUP LLC, a limited liability company registered in New Mexico, USA, selling in trade.

3.2 We sell in trade within the meaning of the FTA. Our full company information is set out in our Company information page.

3.3 We are not a licensed building practitioner, a designer, a building consent authority or a registered tradesperson. We do not design, build or certify the Site Works. You can check the licences and registrations of the Named Contractors on the public registers (the LBP register, the Plumbers, Gasfitters and Drainlayers Board and the Electrical Workers Registration Board).

3.4 We receive no referral fee from, and pay no referral fee to, the Named Contractors.

4. Information on the Website and the chat window

4.1 Nothing on the Website is an offer to sell at a fixed price. Prices shown on the Website, including any turnkey price shown for a standard section, are indicative prices for a described standard case. The price for your project is the price set out in your Quote.

4.2 Photographs, videos, drawings and computer-generated images on the Website illustrate the type of Unit we supply. Product photographs show units of the same model that the manufacturer built for other customers. The Unit you buy is the Unit described in your Quote and its drawings.

4.3 The guides and technical pages on the Website contain general information as at the date shown on each page. They do not replace advice from your designer, your council or a lawyer.

4.4 The chat window on the Website connects you with an automated sales agent, which is an artificial intelligence system and not a person. It gives general information. It cannot accept an order, agree a price, grant a discount, vary these Terms or make any other commitment on our behalf: only a Quote signed in accordance with clause 8, or a variation agreed in writing under clause 10, does that.

4.5 Clauses 4.1 to 4.4 describe how the Contract is formed and what it contains. They do not limit our responsibility under the FTA for any representation we make in trade, including through the Website or the chat window.

4.6 The automated sales agent never asks for bank, card or password details. Please do not send such details through the chat window or by email.

5. Proposals and Quotes

5.1 After you contact us, we may send you a proposal for your project. The proposal names the designer who can adapt the drawings to your Site and apply for the PIM with you.

5.2 Each sale is made on a written, dated Quote that sets out:

5.3 The Quote also shows the turnkey total of your project and who is paid what, including the Site Works by the Named Contractors at the prices set in the Quote and the council and Watercare charges for your address, which you pay directly.

5.4 A Quote is valid for the period stated in it. A Quote is not binding on either party until the Contract is formed under clause 8.

5.5 We prepare each Quote on the basis of the information you and your designer give us about the Site, including its access, ground conditions, services and natural hazards. Any change required because that information was incomplete or inaccurate is dealt with under clause 10.

6. Information we give you before you sign

6.1 Before you sign a Quote, we give you the Disclosure Statement and the Checklist prescribed for residential building work under section 362D of the Building Act and regulation 5 of the Building (Residential Consumer Rights and Remedies) Regulations 2014.

6.2 The Quote records your acknowledgement that we have supplied, and you have received, the Disclosure Statement and the Checklist.

6.3 The Contract is in writing and dated. Where section 362F of the Building Act applies to it, the Contract contains the matters prescribed by regulation 6 of those Regulations, as set out in clause 18.3.

6.4 The prescribed minimum price that triggers these requirements is NZD 30,000 including GST. Whatever the value of your project, you may ask us for the Disclosure Statement and the Checklist at any time.

7. PIM, Consent Pathway and the MBIE questions

Your PIM comes first

7.1 Under the Granny Flat Exemption, no building work may start before your council issues a PIM for your Site. The designer named in our proposal applies for it with you, before you sign your Quote, and production never starts before we have a copy.

7.2 Under any Consent Pathway, we do not ask for the Deposit until your PIM is issued and your Consent Pathway is confirmed in writing as described in your Quote.

The MBIE questions

7.3 Two questions are open with MBIE (asked on 23 October 2026): whether a home built overseas can use the Granny Flat Exemption, and whether the Yard 37's bolted steel frame counts as a lightweight steel frame. Until MBIE answers in writing, we take no deposit for a project that relies on the exemption.

7.4 Your project can go through a Building Consent instead. Your Quote then shows the consent fees and the extra time.

7.5 When MBIE answers, we tell you what the answer means for your project. If the answer means that the Granny Flat Exemption is not available for the Unit, a project that relied on it can proceed only through a Building Consent, under a new or revised Quote that you are free to accept or decline.

7.6 We do not represent that the Granny Flat Exemption is available for your project. Whether a project meets the conditions of Schedule 1A of the Building Act depends on the Unit, the Site and the design, which your designer checks and certifies.

8. Formation of the Contract

8.1 Your order becomes binding once you have signed the Quote, on paper or electronically, and we have received the Deposit set out in its payment schedule. The Contract is formed at that moment and not before.

8.2 An electronic signature is valid for the purposes of clause 8.1 if it adequately identifies the signatory and indicates the signatory's approval of the Quote, in accordance with sections 226 and 228 of the CCLA.

8.3 We may decline to issue a Quote or to accept a signed Quote before the Contract is formed, for example where the Site cannot be reached by truck and crane or where your Consent Pathway is not confirmed. If we receive money from you before the Contract is formed and the Contract is not formed, we refund that money in full.

8.4 We send you a copy of the signed Quote and of the other documents that make up the Contract.

9. What we supply and what we do not supply

9.1 The Supply consists of:

9.2 The Documents are:

9.3 The Supply does not include, unless the Quote expressly says otherwise:

9.4 We may engage the manufacturer, the independent inspector, our freight forwarder, our customs broker, carriers and crane operators to perform parts of the Supply, and we remain responsible to you for the Supply.

10. Specification, changes and variations

10.1 The Unit must match the description, specification and drawings in the Quote.

10.2 We may not change the specification of the Unit without your written agreement, except where the change is required to comply with New Zealand law, the Building Code or a condition of your PIM or Building Consent.

10.3 We tell you in writing of any change under clause 10.2 before it is made. If it would affect the Price or the estimated delivery date, it is treated as a variation under clauses 10.4 to 10.7.

10.4 Either you or we may propose a variation to the Supply. A variation proposed by you may concern, for example, an option, a finish or the delivery date.

10.5 Within 10 Working Days after receiving or making a proposal for a variation that would affect the Price or the estimated delivery date, we give you a written notice setting out:

10.6 A variation is agreed only when both parties have accepted it in writing, which you may do by countersigning or replying to our notice. Until a variation is agreed, the Contract continues unchanged.

10.7 If a condition of your PIM or Building Consent, or a requirement of law that arises after the Contract is formed, requires a variation and the variation is not agreed within 10 Working Days after our notice under clause 10.5, either party may cancel the Contract by written notice, with the consequences set out in clause 22.6.

11. Price, GST and other charges

11.1 The Price is the amount payable to us for the Supply, as stated in the Quote. The Quote states whether any GST is included in the Price.

11.2 Once the Contract is formed, we do not increase the Price except by a variation agreed under clause 10.

11.3 The Quote separately estimates the GST and import charges payable by you at the border as the importer. These amounts are estimates because they are set by law and by public bodies, are calculated at the time of importation and may change. They are paid by you to the relevant authority and are not part of the Price.

11.4 The Quote also shows the council and Watercare charges for your address and the prices of the Site Works set by the Named Contractors. These are paid by you directly and are not part of the Price.

11.5 Development contributions vary by address. Any turnkey price shown on the Website counts them at the amount for a typical Auckland suburb; your Quote uses the amount for your address.

12. Payments to us

12.1 The Price is paid in two payments:

12.2 For a project that relies on the Granny Flat Exemption, no deposit is due until MBIE has answered the MBIE Questions in writing.

12.3 The amounts and dates of the Deposit and the Balance are in your Quote. Before each payment, we issue a Pro Forma Invoice stating the amount, the due date and the bank account to which payment is to be made.

12.4 Payments are made by bank transfer to the account shown on our Pro Forma Invoice. We will never ask you to pay to bank details sent by any other means. If in doubt, contact us before paying.

12.5 We confirm in writing each payment we receive.

12.6 Before paying the Balance, you may raise with us any matter recorded in the Independent Inspection Report. Nothing in this clause requires you to accept a Unit that does not conform to the Contract, and clause 19 applies.

12.7 If you do not pay the Balance by its due date, we may give you written notice requiring payment within a period of not less than 10 Working Days after the notice. Until payment is received, we are not required to load or deliver the Unit, and the estimated delivery date is extended by the period of the delay. If payment is not made within the period stated in the notice, we may cancel the Contract under clause 22.4.

12.8 We never ask you to pay for the Site Works or for council or Watercare charges through us. You pay them directly to the Named Contractors, the council and Watercare.

13. Production, inspection and documents

13.1 Production never starts before we have a copy of your PIM and the Deposit has been received. Production follows your approval of the drawings for the Unit.

13.2 Before the Unit ships, an inspector independent of the manufacturer inspects it at the factory. We send you the Independent Inspection Report, with photographs, before loading.

13.3 We supply the Documents to you, and to your designer and the Named Contractors, at the stages at which they are reasonably required.

13.4 The production period and the shipping schedule are estimates given in the Quote. We tell you promptly of any change.

14. Importing the Unit

14.1 You are the importer. Our customs broker clears the Unit in your name, and you pay the GST, the Customs and MPI levies and any duty at the border.

14.2 You authorise our freight forwarder and customs broker to act for you for the customs and biosecurity clearance of the Unit, and you will sign any authority or declaration they reasonably require for that purpose.

14.3 We prepare the electrical import documents, including a declaration for you to sign as the importer, which your electrician needs before connection.

14.4 Because the Unit is wired overseas, a New Zealand electrical inspector assesses the installation before connection. Your Quote confirms that inspection and, if your Site needs one, a separate electricity connection.

14.5 Your status as importer does not affect our obligations to you as supplier under these Terms, the CGA or the FTA. If the Unit or its packaging as supplied by us does not comply with New Zealand border requirements, clause 19 applies.

15. Delivery

15.1 We deliver the Unit to your Site and, where your Quote says so, set it on its foundations by crane.

15.2 Your Quote gives an estimated delivery date, and we tell you promptly of any change. Where we are responsible for delivering, or arranging delivery of, the Unit, section 5A of the CGA guarantees that you receive it at the time or within the period agreed or, if none was agreed, within a reasonable time.

15.3 For the delivery to take place as quoted:

15.4 If delivery cannot take place on the agreed day because a condition in clause 15.3 is not met for a reason within your responsibility or that of a Named Contractor, we agree a new delivery date with you. In that case, section 148(2) of the CCLA applies to any loss that might not have occurred but for the delay, and you pay the reasonable costs of storage and redelivery that we incur as a direct result, which we evidence in writing and take reasonable steps to minimise.

15.5 If delivery is delayed for a reason within our responsibility, your rights under clause 19 apply.

16. Risk and ownership

16.1 The Unit is insured in transit and stays at our risk until it is set down on your Site or, where the Quote provides for it, on its foundations.

16.2 Ownership of the Unit passes to you once it is delivered and paid for in full. Until then, we reserve the right of disposal of the Unit within the meaning of section 147 of the CCLA, even though the Unit is cleared in your name as importer.

16.3 We recommend that you insure the Unit from the time risk passes to you. This does not affect our obligations under clause 19 or the Warranty Document.

17. Site Works, consents and your responsibilities as owner

Site Works by the Named Contractors

17.1 The design, foundations, fixing, plumbing, drainage and electrical connections are carried out by the designer, Licensed Building Practitioner and licensed trades named in your Quote, under their own contracts with you, at the prices set in your Quote. You pay them directly, never through us. You pay council and Watercare charges directly.

17.2 The Named Contractors are engaged by you. They are not our employees, agents or subcontractors, and the Site Works are not part of the Supply. Their work is covered by their own contracts with you, by the implied warranties in section 362I of the Building Act and by the 12-month defect repair period in section 362Q of that Act.

17.3 Clause 17.2 describes how the project is organised. It does not exclude or limit any liability that we have by law, including under Part 4A, in respect of building work carried out by us or on our behalf.

Which party obtains consents and approvals

17.4 For the purposes of regulation 6(2)(e)(iv) of the Building (Residential Consumer Rights and Remedies) Regulations 2014, and unless your Quote expressly provides otherwise, you, as the owner, are responsible for obtaining the consents and approvals required for the building work on the Site, usually with the designer named in your Quote. This includes:

17.5 We supply the technical documents your designer and trades ask for. We are not responsible for obtaining any consent or approval, but we will promptly provide the information we hold that is reasonably needed for it.

17.6 Under the Granny Flat Exemption there is no council design review or inspection, so your designer's certification carries real weight. Missing the deadline to send the completion documents to your council is an infringement offence.

18. Residential building work: Part 4A of the Building Act 2004

Status of Lodgeyard

18.1 Under section 7 of the Building Act, building work includes the manufacture of a modular component. Depending on the facts of your project, we may be a building contractor under a residential building contract within the meaning of section 362B of the Building Act, or an on-seller within the meaning of section 362H(3), in relation to the Unit. We comply with Part 4A on that basis, as set out in this clause 18.

Pre-contract information and written contract

18.2 We give you the Disclosure Statement and the Checklist before you sign (clause 6), and the Contract is in writing and dated (clause 6.3).

18.3 For the purposes of regulation 6 of the Building (Residential Consumer Rights and Remedies) Regulations 2014, the parties and their contact details, the Site, the description of the work, the persons who will carry out and supervise it and the expected start and completion dates are stated in the Quote. Responsibility for consents is allocated by clause 17.4; price and payments by clauses 11 and 12; notices by clause 28; variations by clause 10; delays by clauses 15 and 23; defects by clauses 18 to 20; and dispute resolution by clause 27.

Implied warranties

18.4 To the extent that sections 362I to 362K of the Building Act apply to the Contract, the following warranties about the building work to be carried out under it are implied into the Contract and cannot be excluded:

18.5 Under section 362J of the Building Act, an owner of the building or land may take proceedings for a breach of these warranties whether or not that owner was a party to the Contract. Under section 362K, a provision that purports to restrict or remove the right to take proceedings for a breach of these warranties is of no effect, except in relation to a breach known, or that ought reasonably to have been known, at the time the provision was agreed.

Remedies

18.6 If a breach of an implied warranty can be remedied, you may require it to be remedied, including by repairing or replacing defective building products. If it is not remedied within a reasonable time, you may have it remedied by someone else and recover all reasonable costs, or cancel the Contract. If the breach cannot be remedied or is substantial, you may obtain damages for the reduction in value or cancel the Contract. In every case you may also obtain damages for any other loss that was reasonably foreseeable as liable to result from the breach (sections 362L to 362P of the Building Act).

Defects notified within 12 months of completion

18.7 Under section 362Q of the Building Act, where building work in relation to a household unit is defective and the defect can be remedied, you may give notice, within 12 months from completion of the building work, to the building contractor or the on-seller requiring the defect to be remedied, and that person must remedy it within a reasonable time of written notification of the defect. A defect notified within 12 months of completion must be remedied: for the Supply, by us; for the Site Works, by the LBP and trades named in your Quote. You may also obtain damages for any other reasonably foreseeable loss resulting from the defect. This does not affect the implied warranties or limit the time for enforcing them.

18.8 To notify us of a defect under clause 18.7, write to contact@lodgeyard.com with your Quote number, a short description and photographs. You may use the same notice to make a claim under the Warranty Document.

Matters not attributable to us

18.9 Under section 362S of the Building Act, a building contractor or on-seller is not liable under sections 362H to 362R to the extent that a defect or breach is caused, during or after completion, by a cause independent of human control, by an act or omission of a person for whom it is not responsible in law, by a failure to carry out normal maintenance, or by a failure to carry out repairs as soon as practicable after the defect becomes apparent. The onus of proving such a cause is on the building contractor or on-seller.

Information on completion

18.10 Where section 362T of the Building Act applies to us, we provide to you, and to your territorial authority where required, as soon as practicable after completion of the building work we carried out, the information and documentation prescribed by regulation 9 of the Building (Residential Consumer Rights and Remedies) Regulations 2014, including copies of the guarantees and warranties that apply to it and information on the maintenance it requires.

18.11 Nothing in Part 4A limits or derogates from the FTA or the CGA (section 362C of the Building Act).

19. Consumer guarantees and other statutory rights

Nothing in these terms limits or excludes your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or the implied warranties for residential building work in sections 362I to 362Q of the Building Act 2004.

19.1 Where you acquire the Unit as a consumer, the CGA gives you guarantees that cannot be excluded by contract (section 43 of the CGA). They include guarantees:

19.2 Where any services we supply to you as a consumer are covered by the CGA, they come with guarantees that they will be carried out with reasonable care and skill, be reasonably fit for any particular purpose made known to us and be completed within a reasonable time (sections 28 to 30 of the CGA).

19.3 If the Unit fails to meet a guarantee and the failure can be fixed, we must fix it within a reasonable time. If the failure is substantial or cannot be fixed, you can reject the Unit or ask for a price reduction. You can also claim for any other reasonably foreseeable loss. These remedies are set out in sections 18 to 23 of the CGA. If the Unit cannot be returned or removed without significant cost to you because of its size, height or method of attachment, or because of the nature of the failure, we collect it at our expense (section 22(2) of the CGA).

19.4 Where we are a manufacturer of the Unit within the meaning of section 2 of the CGA, for example because the Unit is supplied under our brand, or because the manufacturer has no ordinary place of business in New Zealand and we distribute the Unit, the guarantees that the CGA attaches to manufacturers apply to us as well.

19.5 The FTA prohibits misleading or deceptive conduct and false or misleading representations in trade. Its provisions have effect despite anything to the contrary in these Terms (section 5C of the FTA).

19.6 If you are not a consumer within the meaning of the CGA, you still have the rights given to you by these Terms, the Warranty Document, Part 4A where it applies, and the CCLA.

20. Our written warranty against defects

20.1 Lodgeyard gives you a written warranty against defects in the Unit, backed by our manufacturer's warranty. The warranty document comes with your Quote. Its full text is published at /nz/legal/warranty.

20.2 This warranty is in addition to your rights under the Consumer Guarantees Act 1993 and does not limit them. It is also in addition to the implied warranties and remedies under Part 4A.

21. Your other obligations

21.1 You agree to:

21.2 If a failure to comply with clause 21.1 causes a delay, the estimated delivery date is extended by the period of the delay.

22. Cancellation

Your statutory rights

22.1 Nothing in this clause 22 limits your right to reject the Unit or cancel the Contract under the CGA, sections 362M and 362N of the Building Act, sections 36 and 37 of the CCLA or any other law. If the Contract is an uninvited direct sale agreement within the meaning of section 36K of the FTA, you may also cancel it within the period and in the manner provided by section 36M of the FTA.

Cancellation by you for convenience

22.2 You may cancel the Contract by written notice at any time before the Unit is loaded for shipment, even if we are not in breach.

22.3 If you cancel under clause 22.2, you must pay us the reasonable costs that we have actually incurred, or irrevocably committed to, in performing the Contract up to the date of your notice and that we cannot recover or avoid by taking reasonable steps. We evidence those costs in writing, deduct them from the amounts you have paid us and refund the rest to you. If those costs exceed the amounts you have paid us, you pay us the difference. We do not claim any amount for loss of profit under this clause.

Cancellation by us

22.4 We may cancel the Contract by written notice if:

22.5 If we cancel under clause 22.4, clause 22.3 applies as if you had cancelled under clause 22.2, and, in addition, the costs we may recover include the reasonable costs of storing and reselling the Unit, less the net proceeds of any resale.

Cancellation without fault

22.6 If the Contract is cancelled under clause 10.7 or clause 23.4, we refund the amounts you have paid us, less the reasonable expenses we have actually incurred before the cancellation in performing the Contract, which we evidence in writing and which may not exceed the amounts you have paid us. Where part of the Supply has been delivered to you, the value of that part is taken into account.

Cancellation because of our breach

22.7 If you cancel the Contract because of our breach, our misrepresentation or a failure of the Unit to comply with a guarantee, we refund the amounts you have paid us in accordance with the law that gives you the right to cancel, and you keep every other remedy that law gives you.

General

22.8 A cancellation takes effect when it is made known to the other party in writing. Sections 42 to 48 of the CCLA apply to the cancellation, and nothing in this clause limits the powers of a court or tribunal under those sections.

22.9 We pay any refund due under this clause 22 to the bank account from which you paid us, or to another account in your name that you designate in writing.

23. Events beyond reasonable control

23.1 An Event beyond Reasonable Control means an event that is beyond the reasonable control of the party affected and whose effects that party could not have prevented or overcome by taking reasonable steps, including natural disaster, earthquake, flood, fire, epidemic, war, terrorism, civil unrest, government action, port closure, closure of shipping routes, or a strike or industrial action not involving that party's own staff.

23.2 A party affected by an Event beyond Reasonable Control is not in breach of the Contract to the extent that its performance is prevented or delayed by that event, provided that it notifies the other party promptly in writing, describes the event and its expected effect, and takes reasonable steps to limit that effect.

23.3 Clause 23.2 does not suspend an obligation to refund money, and it does not limit your rights under the CGA, the FTA or Part 4A.

23.4 If an Event beyond Reasonable Control prevents or delays performance for more than 90 consecutive days, either party may cancel the Contract by written notice, with the consequences set out in clause 22.6.

24. Liability

24.1 Nothing in these Terms excludes or limits:

24.2 Subject to clause 24.1, and to the extent permitted by law:

24.3 Each party must take reasonable steps to mitigate any loss it suffers as a result of a breach by the other party.

25. Intellectual property in drawings and documents

25.1 The copyright and other intellectual property rights in the drawings, calculations, specifications, instructions, photographs and other Documents remain with us or with the manufacturer or other person who created them.

25.2 We grant you, and your designer, the Named Contractors, your council and any later owner of the Site, a non-exclusive, royalty-free and perpetual licence to use, copy and adapt the Documents for the purposes of the design, consenting, installation, use, maintenance, repair, insurance and sale of the Unit and the Site. This licence does not permit the use of the Documents to manufacture, or to have manufactured, another unit.

25.3 The use of the name Lodgeyard, our logo and the content of the Website is governed by our Website terms of use.

26. Personal information

26.1 We collect, hold, use and disclose your personal information in accordance with the Privacy Act 2020 and our Privacy policy.

26.2 If you order, your name and delivery address appear on the shipping documents for your Unit, which are prepared in China and handled by freight companies overseas. Those companies may not be required to protect your information in a way that, overall, gives you safeguards comparable to the New Zealand Privacy Act. Your Quote asks for your agreement to this before you order.

27. Complaints and dispute resolution

27.1 If you have a concern or a complaint, please write to contact@lodgeyard.com with your Quote number. We acknowledge every complaint and tell you how we propose to deal with it.

27.2 If either party considers that a matter in relation to the Contract is in dispute, it may give the other party a written notice describing the nature of the dispute. Both parties must then use their best efforts to resolve the dispute through good-faith negotiation.

27.3 If the dispute is not resolved within 10 Working Days after the notice, either party may refer it to mediation by written notice. The mediator is agreed between the parties or, failing agreement within 5 Working Days after the referral, appointed by the President of the Arbitrators and Mediators Institute of New Zealand. Each party pays its own costs of the mediation.

27.4 During a dispute, each party continues to perform its obligations under the Contract as far as practicable having regard to the nature of the dispute.

27.5 Clauses 27.2 to 27.4 do not prevent either party from bringing a claim before the Disputes Tribunal, a court or any other body with jurisdiction, from exercising a remedy under the CGA, the FTA or Part 4A, from referring a dispute to adjudication under the Construction Contracts Act 2002 where that Act allows it, or from seeking urgent relief. A claim within the jurisdiction of the Disputes Tribunal (at the date of these Terms, claims of up to NZD 60,000) may be brought there without first going through mediation.

28. Notices

28.1 Every notice under the Contract must be in writing and be delivered by hand, sent by post or sent by email:

28.2 A notice is treated as received:

28.3 A notice treated as received after 5 pm in the recipient's place, or on a day that is not a Working Day, is treated as received at 9 am on the next Working Day.

28.4 A cancellation, a notice of dispute and a claim under the Warranty Document should be sent by email, so that both parties have a dated record.

29. Governing law and jurisdiction

29.1 These Terms and the Contract are governed by New Zealand law.

29.2 The courts of New Zealand and the Disputes Tribunal of New Zealand have jurisdiction over any dispute arising out of or in connection with the Contract. You may bring proceedings against us in New Zealand. We will bring proceedings against you only in New Zealand.

29.3 To the extent permitted by its article 6, the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Contract. It does not in any case apply to goods bought for personal, family or household use.

30. General provisions

30.1 Entire agreement. The Contract contains the whole agreement between the parties about the Supply and replaces any earlier proposal or correspondence about it, except to the extent that the Quote refers to such a document. This clause does not limit your rights under the FTA or the CGA, our responsibility for any representation made in trade, or section 50 of the CCLA.

30.2 Severability. If a provision of the Contract is invalid, unenforceable or declared unfair by a court, it is severed to the extent necessary, and the rest of the Contract continues to apply.

30.3 Waiver. A failure or delay by a party in exercising a right does not waive that right. A waiver is effective only if given in writing.

30.4 Assignment. Neither party may assign or transfer its rights or obligations under the Contract without the written consent of the other party, which must not be unreasonably withheld. This clause does not limit clause 9.4, the rights that later owners have by law, or any transfer of the Warranty Document permitted by its terms.

30.5 Relationship. Nothing in the Contract creates a partnership, joint venture or agency between you and us, or between us and the Named Contractors.

30.6 Third parties. Except as provided by clause 25.2, by Part 4A or by the CGA, no person other than the parties may enforce the Contract under subpart 1 of Part 2 of the CCLA.

30.7 Changes to these Terms. We may update these Terms from time to time by publishing a new version on the Website. An updated version applies only to Quotes issued after its publication. It does not apply to a Contract already formed unless both parties agree in writing.

30.8 Survival. Clauses 18 to 20, 22, 24, 25, 27 and 29, and every other provision that by its nature is intended to continue, survive completion or cancellation of the Contract.

30.9 Language. The Contract is made in English and may be signed in counterparts, including electronically.

31. Contact

31.1 Questions about these Terms, notices and claims: contact@lodgeyard.com.

31.2 Lodgeyard, a brand of REXOR GROUP LLC, 8206 Louisiana Blvd NE, Ste A #9493, Albuquerque, NM 87113, USA.

31.3 Related documents: Written warranty against defects, Privacy policy, Website terms of use, Cookie policy, Company information and the index of legal documents.

Terms of Sale (New Zealand), version 2.0, 25 October 2026.