Terms of Business
Introduction
These Terms of Business set out the terms and conditions on which we will provide the services to you. These terms replace all prior terms of engagement or terms of business that you may have agreed with us.
These Terms of Business apply on and from 26 June 2026 and shall continue to apply to the service we provide you until they are replaced or amended in the manner described in these Terms of Business.
Unless we expressly agree otherwise in writing, the Terms of Business:
apply to all the services we provide you; and
prevail over anything to the contrary in any document we provide you or any communication to you
In requesting us to provide you with the services, you are agreeing to these Terms of Business.
About Us
We are:
a broker within the meaning of the Insurance Intermediaries Act 1994;
an authorised body under the licence of ICIB Brokerweb Limited, issued by the Financial Markets Authority to provide a financial advice service; and
registered on the Financial Service Providers Register as a Financial Advice Provider
ICIB Cartwrights Limited FSP 1012873
Definitions
Unless the context requires otherwise, in these Terms of Business the following definitions apply:
Confidential Information: any information that is confidential and proprietary information about you and your business operations
Force Majeure: any event or circumstance beyond the control of us that we are unable to prevent or overcome by the exercise of reasonable care and at a reasonable cost, and includes any of the following:
act of God, fire, earthquake, geothermal event/volcanic activity, storm, flood, landslide, lightning or other force of nature;
strike, lockout, work stoppage or other labour hindrance;
explosion, public mains electrical supply failure, or nuclear accident;
sabotage, riot, civil disturbance, insurrection, epidemic, national emergency (whether in fact or law), act of terrorism or act of war (whether declared or not);
requirement or restriction of, or failure to act by, any government, semi-governmental or judicial entity; or
unavoidable accident, or inability to obtain or delay in obtaining adequate labour, contractors, equipment, materials, transport or supplies
GST: goods and services tax chargeable, or to which a person may be liable, under the Goods and Services Tax Act 1985, and any penalties, additional tax or interest payable in respect of goods and services tax
Personal Information: information about an identifiable individual within the meaning of the Privacy Act 2020
Premium: the amount payable by you for any insurance arranged by us on your behalf and includes any fees, instalment of a premium, and any associated statutory charges and taxes and any instalment of a premium
Services: the services specified in the “Our Services” clause of these Terms of Business and which we agree to provide you
Statutory Charges: all charges, duties, levies, premiums or rates imposed on any insurance arranged by us on your behalf, and any associated penalties and interest, whether direct or indirect, and whether imposed by law or regulation in New Zealand or elsewhere, and includes Fire and Emergency levies and Earthquake Commission premiums
Tax or Taxes: all forms of tax, including all present or future statutory or governmental taxes, withholding taxes, GST, levies, royalties, imposts, duties and rates, and associated penalties and interest, whether direct or indirect, and whether imposed in New Zealand or elsewhere
We, Us or Our: ICIB Cartwrights Limited (NZBN 9429053746672)
You or Your: the Client
Our Services
We may provide you with the following services:
Insurance and risk advice and services in relation to fire and general, and life and health insurance (including ACC Structure reviews)
Claims management and advocacy
The financial advice provided on our behalf will be limited by the information that you provide us about your needs and circumstances.
We do not accept liability for any matters which fall outside of the services we provide to you.
We do not act as an insurer under any circumstances.
We have the right to decline to provide you with any services at our sole discretion.
Our Responsibilities
We will perform the services we have agreed to provide you:
with reasonable care, integrity and skill; and
based on the information and instructions that you have provided to us
We will act in accordance with the instructions you have provided us, until such time as you withdraw or change those instructions in writing.
We are not bound to use any particular insurer.
We will advise you of the financial strength rating of all insurers involved in your insurance programme.
We take all reasonable precautions to ensure that only insurers of adequate financial standing are used. However:
we make no representation or guarantees as to the solvency or ability of any insurer to pay any amounts for insurance claim(s)
we are not liable in any circumstances for any damages or losses that you or any other person suffers in the event that an insurer become insolvent or does not pay any part of your claim(s)
Where we arrange insurance on your behalf, we will provide you with the policy documents as soon as practicable after we have received them from an insurer.
Your Responsibilities
You must provide us with all information we request for the purposes of providing you with the services. This information must be provided to us as soon as practicable or otherwise when specified by us.
If you do not provide this information when required, or this information is incomplete or inaccurate, we may decline to provide you with any services, or any services we provide may not be suitable for you
We will treat this information as complete and accurate, until such time as you inform us otherwise
We are not responsible or liable in any circumstances for any damage or loss suffered by you or any other person as a result of you not providing us with the information that we request when required, or if you provide incomplete or inaccurate information
You have a duty of disclosure to advise all information that you know, or could reasonably be expected to know, or which may be material to a prudent insurer in setting the premiums or deciding whether to insure the risk for which you are seeking cover (Duty of Disclosure).
Your Duty of Disclosure is ongoing: it applies when you make your application for cover, when you renew any policy, when making a claim under any policy, and is continuous throughout the time you are insured
You must provide all relevant information about any material change in business or circumstances, or when additional material information comes to light throughout the term of the policy as soon as reasonably practicable and in the manner we prescribe from time to time
If you are arranging cover for a subsidiary, related or associated entity, that entity is under the same Duty of Disclosure and you should ensure it complies with the Duty of Disclosure
If you do not comply with your Duty of Disclosure, the insurer may cancel your policy or reduce the amount it is required to pay you for claims, or both. If your failure to disclose is fraudulent, the insurer may refuse to pay a claim and treat the insurance as if it never existed
We are not responsible or liable for any damage or loss suffered by you or any other person caused by your failure to comply with your Duty of Disclosure
If you are uncertain whether your Duty of Disclosure requires you to disclose any particular information, please contact your ICIB Cartwrights Broker who will be able to provide guidance
You must complete any documents (for example, proposal forms, declarations or questionnaires) required by insurers fully and in accordance with your Duty of Disclosure. While we may provide guidance if you request, we cannot complete any such document(s) for you or on your behalf.
You must carefully review all policy documents that we provide you to ensure that the proposed cover meets your needs and that you can meet your obligations and responsibilities under the policy.
You must inform us immediately if the policy documents contain any mistakes or if the cover does not meet your needs
It is your responsibility to understand your policy, including the cover it provides, and to meet your obligations and responsibilities under the policy. This applies throughout the time you are insured, including when making a claim
It is your responsibility to keep your policy documents in a safe place
If you do not understand your policy, please contact us for guidance
You must advise us as soon as practicable, and within any time period specified in the relevant policy document, if you experience a circumstance, event or a loss occurs that might result in you making a claim under your policy.
Our Remuneration
Our remuneration is by:
Commission or Brokerage paid by the Insurer; or
A Broker Fee; or
A combination of 1. and 2. above
Furthermore;
we shall be entitled to charge you an administration fee
there may be some occasions where we will charge you an additional fee for services. This includes, but is not limited to:
» Risk Management Services such as Business Interruption assessments, Risk Profiling, Business Continuity Planning etc.
» Negotiation and placement of ‘one-off’ insurance policies such as large or complex construction projects
» Management of a claim (or series of claims relating to the same cause/event) where we spend more than 10 hours managing and negotiating settlement
We will always obtain your agreement before charging additional service fees.
in the event of cancellation of the policy by you, or your request that we cease providing you with the services (as per the “Termination” clause set out below), we are entitled to retain our remuneration including all fees, commissions and brokerage paid by the insurer
We will hold your premiums in our insurer premium account until we pass it on to the insurers in accordance with our arrangements with them. You agree that we may earn investment income or interest on the premium while it is in our insurer premium account.
Should you require us to arrange Premium Funding facilities for you, we may receive commission from the Premium Funding Company.
We may pay a sub-agency fee if a third party has referred you to us. We pay this fee out of the remuneration received from insurers and fees you pay us.
Conflicts of Interest
We will manage any conflicts of interest in accordance with our Conflicts of Interest policy. A summary of our conflict of interest policy is provided in our Company Disclosure Statement which can be found at https://www.cartwrights.co.nz/disclosure
Taxes and Statutory Charges
We will charge you any applicable taxes and statutory charges in relation to the services, or any insurance we arrange on your behalf, where we are required by law.
You are responsible for meeting your tax obligations, and paying any statutory charges, in relation to the services or any insurance we arrange on your behalf.
Payment Terms
You must pay the fees, expenses and any other amounts payable for the services we provide you, or as we have agreed with you, by the due date set out in our invoice.
You must pay all premiums to us by the due date set out in our invoice.
Failure to pay your premium by the due date set out in your invoice may result in the insurer cancelling your policy.
We are not responsible or liable in any circumstance for any damage or loss to you or any other person caused by your failure to pay your premium when it is due.
You may pay your premiums, and any other amounts owing to us under these Terms of Business, by credit or debit card, or bank deposit in accordance with the instructions set out in our invoice. Payment by cash is not accepted.
We have a right to offset any amount owing (or which may become owing) by you in connection with a contract of insurance, against any amount of refunded premiums that we hold on your behalf.
We may charge you interest at a rate or rates set by us from time to time on overdue accounts, and any interest will be an amount owing to us.
You will be liable for any reasonable costs we incur in recovering any outstanding amounts you owe us, including collection costs and legal fees.
International Trade Sanctions
We are not liable in any circumstances if all or any part of your claim is not paid by an insurer due to international trade sanctions.
Privacy and Confidentiality
We will take reasonable safeguards to protect the personal information and confidential information that we hold about you.
We will use your personal information and/or confidential information in connection with providing the services or such other purposes that you have agreed we may use that information for.
We may also use your personal information and/or confidential information to offer you other products or
services that we believe may be of interest or benefit to you, unless you instruct us not to do so.
We may disclose your personal information and/or confidential information where:
you have given your written permission to the disclosure;
disclosure is required by law, including to meet our legal obligations and regulatory requirements;
disclosure is reasonably required to provide the services you have requested that we provide, including to current and prospective insurers with respect to any insurance arranged by us on your behalf; or
the information has become public knowledge
You agree that we are entitled to refer to you in publications, proposals or similar submissions to prospective clients, unless you expressly prohibit such disclosure.
The Privacy Act 2020 applies to the collection and use of personal information. You can view our Privacy Statement on our website at https://www.cartwrights.co.nz/privacy-policy
Health and Safety
We are committed to complying with our obligations under the Health and Safety at Work Act 2015, and we expect you to assist us in doing so when we provide you with the services. This includes consulting, coordinating and cooperating with each other in respect of shared duties under the Health and Safety at Work Act 2015 when necessary.
If we visit you or your premises, you are responsible for ensuring, so far as reasonably practicable, that the safety of our people is not put at risk.
Intellectual Property
We retain all proprietary rights (including copyright and know-how) in documents, reports, designs, inventions, discoveries, methodology, data, computer programs or other material prepared or developed by us (including but not limited to report templates and formats, and the formulae and calculations used to produce reports).
Non-dissemination
Our communications (whether oral or in writing) with you, or your employees or agents, are provided solely for your information and use in connection with the services we provide you and must not be used for any other purpose without our prior written consent.
No third party is entitled to rely for any purpose on the information, advice or report(s) we provide you in connection with our services without our prior written consent. We are not responsible or liable in any circumstances for any damage or loss suffered by you or any person as a result of a third party relying on any such information, advice or report(s).
Electronic Communications
We may correspond with you by electronic communications, unless you instruct us not to do so.
You consent to receiving our electronic signature where we are obligated to provide our signature in relation to any information legally required to be given to you.
You consent to receiving commercial electronic messages from us at any time in the future.
You accept that there are risks associated with electronic communications, including loss or corruption, unauthorized access, use, modification or disclosure, and such electronic communications may contain virus, malware or defects.
While we take reasonable security safeguards to protect your personal information and confidential information, we are not liable for any damage or loss caused by the use of electronic communications by you or us.
Complaints and Dispute Resolution
Details about making a complaint, including our external dispute resolution service, can be found on our website at https://www.cartwrights.co.nz/complaints-policy
Limitation of Liability
To the maximum extent permitted by law, we are not liable in any circumstances (including on the grounds of negligence):
for any consequential, incidental, indirect or special damage or loss or any kind suffered by you or any other person;
for any breach of the Terms of Business by us, or any delay or failure to provide the services, due to force majeure;
where we have expressly excluded our liability under these Terms of Business; and
for any damage or loss that is caused (in whole or in part) by any action or omission by you or any other person
Our aggregate liability to you in respect of any claim (including on the grounds of negligence) arising in relation to the services we provide you will not exceed NZD $10 million.
Any claim in respect of the services must be made within twelve (12) months of the date the services (relating to the claim) were provided.
Termination
You may instruct us to cease providing you with the services at any time by providing us with written instructions. We will cease providing the services as from the date we receive your written instructions, or if applicable, the date that you specify.
If we are unable to provide the services to you, we will give you a minimum of thirty (30) days’ notice in writing that we will cease providing you with the services. However, we may cease providing the services immediately and without prior notice if we have reasonable grounds to believe that:
you have breached these Terms of Business;
you have engaged in any unlawful, dishonest, fraudulent, abusive or threatening behaviour;
you are insolvent; or
providing you with the services might result in us breaching any laws, legal or regulatory requirements or our policies and procedures
In the event that we cease providing you with the services:
you will be liable for any amounts owing to us that accrued before the services were cancelled; and
the management of any outstanding claims will be transferred to you, unless we agree otherwise
Unless otherwise agreed, the provisions relating to “Limitation of Liability”, “Privacy and Confidentiality”, “Non-dissemination”, and “Intellectual Property” survive the termination of this agreement.
Amendments
We are entitled to amend these Terms of Business from time to time. Where we do so, we will provide you with the amended Terms of Business. Unless we receive written notice from you, the amended Terms of Business will be deemed accepted by you after thirty (30) days from the date on which we provide you with the amended Terms of Business. If you do not accept the amended Terms of Business, you may terminate in accordance with the “Termination” clause.
Governing Law
Our relationship with you is governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction in relation to all disputes arising out of or in connection with our relationship with you.
Severability
If any part of these Terms of Business becomes illegal, void or unenforceable, or is found to be by any court or administrative body of competent jurisdiction, the remaining parts of these Terms of Business will continue to be enforceable.