1. Definitions

1.1 “Contract” means these terms and conditions, together with any quotation, order, invoice, or other documents that supplement this Contract.

1.2 “Contractor” means Maintain Your Property NZ Ltd TA Maintain Your Property, its successors, and assigns, or any person acting with the Contractor’s authority.

1.3 “Customer” means the person(s) or entity requesting the Contractor to provide the Services, including any authorized representatives.

1.4 “Works” refers to all services and materials provided by the Contractor to the Customer.

1.5 “Price” means the total amount payable for the Works, including GST where applicable.

 

2. Services Provided

2.1 We offer a comprehensive range of property maintenance services in Wellington and surrounding areas, including but not limited to:

• Rental Property Maintenance: Interior and exterior maintenance, handyman services, and general building works to ensure rental properties remain in optimal condition.
• Renovations: Complete kitchen and bathroom renovations, including shower refits, tiling, grouting, and fixture installations.
• Landscaping and Hardscaping: Decking, fencing, retaining walls, paving, driveway repairs, drainage solutions, and irrigation system installations.
• General Repairs and Building Maintenance: Painting, plastering, roof repairs, and other structural repairs.
• Gutter Cleaning and Water Blasting: Regular and one-off maintenance for residential and commercial properties.
• Project Management: Coordination and oversight of property maintenance, renovations, and building projects, ensuring timely completion, quality workmanship, and adherence to budget and compliance requirements.

2.2 The specific scope of Services will be outlined in the service agreement or quotation provided to the Customer.

2.3 We reserve the right to decline or terminate Services if conditions are deemed unsafe or beyond our expertise.

 

3. Quotes, Pricing, and Payment

3.1 Quotes are valid for 30 days from issuance.

3.2 Prices exclude GST unless stated otherwise.

3.3 A 50% deposit is required to confirm acceptance of the estimate and schedule the work.

3.4 Full payment is due on completion of Services, unless otherwise agreed.

3.5 Late payments will incur penalty interest of 2% per month.

3.6 Legal costs related to debt collection are the Customer’s responsibility.

3.7 Payments should be made via Direct Credit to Westpac 03 0531 0124053 000 with the invoice number as a reference.

 

4. Changes, Variations & Additional Work

4.1 If additional work is required due to unforeseen circumstances, the Customer will be notified, and the work will be completed on a charge-up basis rather than re-quoting. A revised estimate will only be provided if the Customer specifically requests one before the additional work begins.

4.2 The Contractor reserves the right to amend the Price due to material cost increases.

4.3 Any variation must be approved by the Customer in writing before work commences.

4.4 The Contractor may engage subcontractors to perform parts of the Works. All subcontractors are required to meet the same standards as the Contractor. The Contractor remains responsible for the quality of work performed.

4.5 If the Customer supplies materials for the Works, the Contractor is not responsible for the suitability, quality, or defects in those materials. Additional charges may apply if replacement or adjustments are required.

 

5. Customer Responsibilities

5.1 The Customer must provide safe and unrestricted access to the site for the Contractor to complete the agreed Works.

5.2 The Customer is responsible for obtaining all necessary consents, permits, and approvals from the relevant local authorities, including but not limited to Wellington City Council, Hutt City Council, Upper Hutt City Council, Kapiti Coast District Council, Porirua City Council, and Palmerston North City Council, unless agreed otherwise in writing.

5.3 The site must comply with all local government regulations and building codes applicable to the region where the work is being carried out.

5.4 The Customer is responsible for ensuring the security of the property during the project. The Contractor will take reasonable measures to protect work areas but is not liable for theft or damage to unsecured property.

5.5 Any delay caused by the Customer in providing site access or obtaining required approvals may result in additional charges and possible rescheduling of the Works.

 

6. Health and Safety

6.1 We comply with the Health and Safety at Work Act 2015 and adhere to all industry best practices to ensure a safe working environment.

6.2 Work may be delayed or suspended if unsafe conditions are identified, and work will not resume until safety concerns are properly addressed.

6.3 The Customer must inform the Contractor of any hazards, underground utilities, or structural issues, including any known presence of asbestos, lead, or other hazardous materials.

6.4 If there is any risk of asbestos, the Customer must arrange for an asbestos test before work commences. If asbestos is found, the Contractor will only proceed with the work once proper removal, encapsulation, or containment measures have been undertaken by a licensed asbestos removalist.

6.5 The Contractor reserves the right to request an asbestos test at the Customer’s cost if there is a reasonable concern that asbestos may be present on-site. Work will not commence until the results are provided, and any necessary remediation is completed.

6.6 All work is carried out in accordance with Site Safe New Zealand guidelines, and all workers and subcontractors are required to follow Site Safe procedures for workplace safety.

6.7 The Contractor is not liable for any injury or damage caused by hazardous site conditions not disclosed by the Customer. If undisclosed hazards are discovered, additional costs may apply to ensure compliance with WorkSafe New Zealand regulations.

 

7. Cancellations, Delays, and Force Majeure

7.1 Cancellations must be made in writing at least 48 hours in advance.

7.2 Cancellations made within this period may be subject to a cancellation fee.

7.3 The Contractor may cancel or delay work due to weather, supplier delays, or unforeseen site conditions.

7.4 The Contractor is not responsible for delays caused by council approvals, third-party suppliers, or the Customer’s failure to provide timely access. Any rescheduling due to such delays may result in additional charges.

7.5 Force Majeure Clause: The Contractor shall not be liable for delays or inability to complete the Works due to events beyond their control, including but not limited to natural disasters, extreme weather, supply chain disruptions, or government restrictions. In such cases, both parties will discuss an appropriate resolution, including revised timelines or additional costs.

 

8. Liability, Insurance, and Warranty

8.1 Work is carried out with reasonable skill and care in compliance with the Building Act 2004.

8.2 Our 12-month workmanship guarantee covers defects due to faulty workmanship.

8.3 Materials supplied have a manufacturer’s warranty of at least one year.

8.4 We are not liable for pre-existing defects, damage, or customer-supplied materials.

8.5 The Contractor is not responsible for project delays caused by weather, supplier issues, or third parties.

8.6 Any repairs or replacements under warranty must be requested in writing and inspected before any corrective work is scheduled.

8.7 Insurance Coverage: The Customer is responsible for ensuring the property is adequately insured during the maintenance or construction period. The Contractor holds public liability insurance but is not responsible for any loss or damage beyond the scope of this policy.

 

9. Title and Risk

9.1 Ownership of materials remains with the Contractor until full payment is received.

9.2 If payment is not made, the Contractor reserves the right to recover materials or legal costs.

9.3 Risk for materials passes to the Customer upon delivery or installation.

9.4 If materials are damaged due to Customer negligence or third-party interference, the Customer will be responsible for replacement costs.

 

10. Dispute Resolution

10.1 Disputes must be notified in writing within 7 days of work completion.

10.2 Both parties agree to resolve disputes through good-faith negotiations as the first step.

10.3 If a dispute cannot be resolved within 14 days, both parties agree to engage in mediation, facilitated by an independent mediator, before taking legal action.

10.4 If mediation is unsuccessful, disputes will be handled in accordance with New Zealand law in Wellington District Court.

10.5 The Contractor reserves the right to suspend work on any ongoing projects if a dispute arises regarding payments until the matter is resolved.

10.6 The costs of mediation shall be shared equally between both parties unless otherwise agreed.

 

11. Confidentiality and Privacy

11.1 Personal data is handled in accordance with the Privacy Act 2020.

11.2 Customer information will not be shared except where required by law.

11.3 The Contractor may collect and store personal information for the purpose of processing payments, scheduling work, and customer communication.

 

12. Compliance with the Construction Contracts Act 2002

12.1 All invoices issued by the Contractor for construction-related work constitute a Payment Claim under the Construction Contracts Act 2002.

This means:

• The Customer is legally required to pay the invoiced amount by the due date unless they dispute the claim.
• If the Customer disputes all or part of the claim, they must provide a Payment Schedule within 20 working days (or the period specified in the contract) stating the amount they agree to pay and the reasons for any withheld amount.
• Failure to provide a Payment Schedule within the required timeframe means the full invoiced amount becomes legally due and payable, and the Contractor may take legal action to recover the debt. 12.2 If payment is not made or a Payment Schedule is not provided, the Contractor reserves the right to:
• Suspend work on the project until full payment is received.
• Initiate legal recovery action, including filing for adjudication or debt collection, with any associated legal costs being the responsibility of the Customer.

12.3 The Construction Contracts Act 2002 applies to all construction and maintenance work carried out under these Terms and Conditions, ensuring prompt and fair payment for services rendered.

 

13. Amendments to Terms

13.1 These Terms may be updated at any time. The latest version will be available on our website.

13.2 Continued use of our Services constitutes acceptance of revised Terms.

 

14. Governing Law

14.1 These Terms are governed by the laws of New Zealand and apply specifically to Wellington.

14.2 Any legal proceedings must be conducted in the Wellington District Court.

 

For further inquiries, please contact us at:

Maintain Your Property NZ Ltd
028 418 3949
admin@maintainyourproperty.co.nz
maintainyourproperty.co.nz

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions