General Terms and Conditions
These terms and conditions (“Agreement”) apply to the provision of maintenance, handyman, cleaning, lawn mowing, and related services (“Services”) provided by The Maintenance House Limited (“The Maintenance House”) to the Customer. The Services are governed by these terms, and no other terms, conditions, or deviations shall be binding unless agreed to in writing by an authorized representative of The Maintenance House.
1. Scope of Services
The Maintenance House shall provide the Services as outlined in the quotation or agreement with the Customer. Any additional work not specified in the quotation shall be treated as a variation and will be subject to a new agreement or adjustment to the price.
2. Quotation and Acceptance
A formal quotation for the Services will be provided by The Maintenance House. The quotation is valid for thirty (30) days from the date of issue. The Customer accepts the quotation either by signing the acceptance form or proceeding with the services. Acceptance forms a binding contract between the parties.
3. Cancellation
The Customer may cancel the Services by providing written notice prior to the commencement of work. Once the work has begun, cancellation may incur charges for any time, materials, or work already completed. The Maintenance House may also cancel the contract if the Customer fails to pay or if there are concerns regarding the Customer’s ability to pay.
4. Variations
Any variation or additional work requested by the Customer will be documented in writing and may result in a price adjustment. Changes arising from unclear instructions or additional requirements from the Customer will also be treated as variations.
5. Price
The quoted price for the Services excludes GST, unless otherwise stated. If no price is quoted, the Services will be provided at the standard rates applicable at the time of provision. The price may be adjusted to account for changes in the cost of labor, materials, or other expenses outside the control of The Maintenance House.
6. Payment
Payment for the Services is due as specified on the invoice, typically within seven (7) days of the invoice date. If payment is not made by the due date, The Maintenance House reserves the right to charge interest at a rate of 15% per annum on overdue amounts. The Customer may not withhold payment or set off amounts unless agreed in writing.
7. Commencement and Completion
The Customer acknowledges that the start and completion times for the Services are estimates. While The Maintenance House will make reasonable efforts to meet the timeline, it is not liable for any delays caused by factors beyond its control, such as weather or third-party delays.
8. Defects and Warranty
If the Services include repairs or installations, The Maintenance House will address any defects identified within a reasonable timeframe after completion, provided the issue is not caused by misuse or actions outside the scope of the original agreement. The warranty for workmanship may be subject to the nature of the service performed and the materials used.
9. Risk and Insurance
The Customer is responsible for providing appropriate insurance for the property where the work is performed. The Maintenance House will take reasonable care to avoid damage but is not liable for unforeseen accidents, damage, or losses arising from its work unless due to negligence.
10. Ownership of Materials
Any materials supplied by The Maintenance House remain the property of The Maintenance House until payment has been made in full. In the event of non-payment, The Maintenance House reserves the right to reclaim any materials provided.
11. Limitation of Liability
The liability of The Maintenance House for any loss, damage, or injury arising from the provision of the Services shall be limited to the price of the services provided. The Maintenance House is not liable for indirect, consequential, or special damages.
12. Collection of Information
The Customer consents to The Maintenance House collecting and using personal information for the purpose of assessing creditworthiness and managing the contract.
13. Miscellaneous
These terms and conditions are governed by the laws of New Zealand. If any part of this Agreement is found to be invalid, the remainder will still apply. The Customer may not assign their rights or obligations under this Agreement without prior written consent from The Maintenance House.
14. Dispute Resolution
If a dispute arises, the parties will attempt to resolve the issue through good faith negotiation. If the dispute is not resolved, the parties may proceed with mediation or other legal remedies as appropriate.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New Zealand. The parties submit to the jurisdiction of the New Zealand Courts.