The following Terms and Conditions of Service are applicable to the supply of handyman and landscaping services and shall apply to all services we provide.  The following terms and conditions will prevail despite any indication to the contrary by any person, agent or representative acting or purporting to act on behalf us.  

Acceptance of these terms and conditions shall be either on signing these terms or otherwise accepting the order, whether in writing, verbally or by the provision of services.

Fix This Solutions Limited is also called “we” or “us” in these Terms and Conditions.  The Client means the person or business accepting these Terms and Conditions and is also referred to as “you”.

These Terms and Conditions of Engagement are current and effective from March 2024 and may be updated and amended from time to time.  Unless stated specifically by you we will undertake our services for you on the basis that these Terms and Conditions (and any updates) are accepted and apply to our working relationship. 

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Acceptance of Terms and Conditions

1.1 Contracting the supplier to carry out work or acceptance of a quote provided by the supplier constitutes acceptance by the customer of these terms and conditions.

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Pricing Policy and Deposit
(Unless otherwise specified, all prices are GST exclusive)

2.1 A 50% deposit of the total cost is required to confirm certain large bookings and you will be advised of that at the outset.  This must be paid on or before the Confirmation Date.  The balance to be paid within 7 days of the date of service.

2.2 The services generally will be charged at $95 plus GST dollars per hour.  Mileage and travel time will be charged at the IRD Mileage rate, where appropriate.  Fees for our other services are set out below:

2.2.1 All services except lawn mowing, will be rounded up to a full hour for the first hour of services. Every hour after that will be rounded up in half hour increments. Building and construction work is generally charged at $115 plus GST dollars per hour. 

2.3 Significant jobs, which may include the provision of third-party contractors, will be priced separately in advance.  Engagement of our services following that quote will constitute acceptance of these terms and conditions.

2.4 Paying by direct Credit or Automatic Payment can be made to Bank Account Fix This Property Solutions Limited 12-3441-0112108-00 Bank ASB.

2.6 Prices will be reviewed and could change. Customers will be given 30 days' notice of any price increases.

Every endeavour will be made to maintain prices estimated on the signing of this contract.

However, prices are based on current costs and are subject to change without notice to meet any market increases which may occur.  All other costs are included in the quoted price, however if there are unreasonable and/or unexpected costs incurred that are not as a result of any action or inaction by us then we reserve the right to charge those additional costs to you separately.

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‍Payment

3.1 You shall pay the price (including any additional charges) to us in the following manner:

3.1.1 As set out by us in the written quotation/estimate/contract; or

3.1.2 Within 7 days of the date the services were completed; or

3.1.3 For reoccurring services, by way of direct debit on or before the date the services are to be carried out.

3.2 If full payment is not made by you then you will be in default under this contract and we may exercise all of the rights and remedies set out in this contract and otherwise available within the law; and

3.2.1 The customer will pay an administration fee on overdue accounts of $35.00 per calendar month.

3.2.2 You will be liable for all expenses incurred by us in recovering the debt including but not limited to collection agency fee, legal fees and court costs.

3.2.3 You shall be liable to pay interest at the rate of 2% above the current bank overdraft interest rate on all overdue accounts at our discretion on overdue accounts until such time as the outstanding amount is paid in full.

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Rescheduling

4.1 While we endeavour to schedule the jobs and complete the services at that scheduled time, there will be disruption to scheduled times due to circumstances out of our control.  This may require us to reschedule the service.  If this occurs, we will contact you at the earliest possible opportunity to discuss this and reschedule.

4.2 In the event you need to reschedule then please notify us of this before midnight on the Saturday before the week your service is scheduled.  Failure to do so and an inability to re-book our employees and/or contractors on other jobs may result in you forfeiting the deposit paid or result in penalties.

4.3 Communication is key.  Please call, text or email as soon as there is a conflict, and we will endeavour to do our best to reschedule your service.  Provided we have the required notice there will be no rescheduling fee, or forfeiture of deposit.

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Alarm Systems and Keys 

5.1 Depending on the nature of the job, we may require that no one is on site when we undertake the services.  If you provide us with key codes for arming and disarming alarms, these will be held securely by us and not disclosed or provided to anyone other than required employees or contractors.  If you provide us with keys to access the premises these will be held securely by us and returned when the job has been completed.

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Health and Safety 

6.1 We are committed to a safe workplace and working environment.  We are responsible for ensuring compliance with our obligations under the Health and Safety at Work Act 2015.   As such we require you to provide us with a site map, or information about the site/premises/location if there are any hazards we need to be aware of.  In particular we require you to identify and minimise/eliminate any potential hazards prior to the date the clean.

6.2 We also require you to notify us as soon as possible if the site has been exposed to an infectious illness or disease so that the services can be rescheduled.

6.3 We will take all necessary and reasonable steps during our services to ensure that we do not create and/or increase any potential risks and/or hazards.

6.4 We will ensure that all and any equipment we, or our contractors bring onto site, or provide to you for use, has been tested and is in good and safe working order.

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Insurance and Liability 

7.1 We hold valid and current insurance to cover any unforeseen losses arising from provision of services by us, in accordance with these Terms and Conditions.

7.2 All claims against us must be made in writing within 7 working days of receipt of the our invoice or identification of the claim.

7.3 We reserve the right at our discretion to repair any work or to credit the portion of the price applicable to the services in respect of any claims accepted. 

7.4 The supplier will use its best endeavours to enforce any guarantees or warranties given by the manufacturer of goods supplied and/or of any third party contractors used.

7.5 In any event the total liability for us for any loss arising from any defect or non-compliance of the services or any other breach by us or our contractors of our obligations under this Agreement will not in any circumstances exceed the price quoted by the supplier.  Alternatively, if the claim exceeds the invoiced amount to the extent allowed by law, our aggregate liability to you (whether in contract, tort or otherwise) in connection with the provision of our services under these Terms and Conditions is limited to the excess of our insurance.

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Consumer Guarantees Act 1993

8.1 Where we are supply services to you for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to section 43 the provision of that Act will not apply to this Agreement.

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Information and Privacy Act

9.1 For the purpose of facilitating the efficient running of our business, you authorise us to collect all information it may require from any third parties and authorises those third parties to release that information to us.

9.2 You agree that this information may be passed to a third party or to any other person to facilitate collection of debts from the customer. 

9.3 Such information will be accessible to any of our employees who need access to it for the efficient running of our business.

9.4 You may request access to and correction of this information at any time.

9.5 We will comply with all requirements under the Privacy Act 2020

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Construction Contracts Act 2002

10.1 Where not covered in these terms of trade or altered under mutual agreement, the default provisions in the Construction Contracts Act 2002 will be applied to any payment claims.

10.2 Disputes will be referred to the adjudicator under the provisions in the Act.  

10.3 We reserve the right to suspend work as allowed in the provisions in the Act

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General

These terms and conditions apply to any current work or services and to any future work or services, whether or not we provide you with another copy. We are entitled to change these Terms from time to time, in which case we will provide you with the amended Terms.

Our relationship with you is governed by New Zealand law and New Zealand courts.

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Satisfaction

We aim to please. If for any reason, at any time you are not 100% satisfied with our services please phone us immediately on 021 0262 3214 and we will use all reasonable endeavours to resolve your concerns.

Healthy Homes

The following Terms and Conditions of Service are applicable to our services undertaken in respect of Health Homes Inspections and Reporting.
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Acceptance of these terms and conditions shall be either on signing these terms or otherwise accepting the order, whether in writing, verbally or by the provision of services. Fix This Property Solutions Limited is also called “we” or “us” in these Terms and Conditions.  The
Client means the person or business accepting these Terms and Conditions and is also referred to as “you”.

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These Terms and Conditions of Engagement are current and effective from March 2024 and may be updated and amended from time to time. Unless stated specifically by you we will undertake our services for you on the basis that these Terms and Conditions (and any updates) are accepted and apply to our working relationship. You acknowledge and agree that these terms and conditions apply to all services supplied by us from time to time and that you are bound by these terms. For the purpose of these terms and conditions, the word “services” means all services, charges for work and labour done, of whatsoever nature, associated with supply of services to the Client.

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ACCEPTANCE
1.1 Any instructions received by us from the Client for the supply services and/or acceptance of or services by the Client shall constitute acceptance of these terms.
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1.2 This includes the booking of a report online, via direct email, through one of our team members or via telephone.

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PRICE & PAYMENT
2.1 The price for the Healthy Homes Inspection shall be the Company’s current price at the date of engagement.
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2.2 Time for payment shall be at the time of booking the site visit. This may be concluded via electronic transaction via the website, or by credit card over the phone. Alternatively, payment may be made by you via direct credit using the details provided on the invoice or
our website.
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3.3 Goods and services tax and any other taxes and duties which may be applicable will be charged by us on in respect of the services supplied and you accept that charge as an addition to the cost of services unless otherwise specified.
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3.4 You are not entitled to withhold payment nor make any set-off or deduction of any kind
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3.5 In the event that you default in payment of any accounts and/or moneys owed to us or breach any of your obligations under these terms we reserve all legal rights and remedies including but not limited to exercising all remedies afforded to a secured party by the Personal Property Securities Act 1999 (“PPSA”) and/or engaging a debt recovery agency.
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3.6 You are liable, and therefore indemnify us in respect to all costs and expenses (including solicitor/client costs) incurred by us in the recovery or attempted recovery of outstanding moneys and the enforcement of these terms.
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3.7 The Client must and shall make payment on time regardless of any pending claims and/or litigation.
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CANCELLATION
4.1 We retain the right to terminate all and any credit facilities at any time by giving 5 working days written notice you. In the event we elect to terminate such facilities, we will not be held liable for any loss or damage whatever arising from such termination. Such termination shall be without prejudice to any of our rights under this Agreement, up to and including the date of termination against you, and any such termination shall not discharge or release you from your obligations under this Agreement and/or from any accounts and/or moneys owed as at the date of termination, including money paid up front.
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4.2 Under no circumstances are the cost of services able to be refunded.
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4.3 You may cancel the services within three (3) working days of the date of this document subject to the payment of a cancellation fee of 25% of the price of the services.
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4.4 Should the booked appointment be unable to be completed on the time and day requested by you due to lack of access despite access being pre-arranged, or factors outside of our control the booking will need to be remade and no refund will be applicable.
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WARRANTIES
5.1 Where the supply of services by us is for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply, and we can give no warranty that the services are suitable for the purpose for which you propose to use them. All terms, conditions and warranties (whether express or implied) whether by us and/or its agents or contracts or employees, under statute or otherwise (other than those mandatory warranties in the Fair Trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded.
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5.2 In accepting these terms you acknowledge and agree that in supplying the services we may rely upon information and advice supplied to us by you and/or your agents or employees. We will not be held liable in any way for work undertaken by us based upon incorrect measurements and/or advice received from you and/or your agents or employees.
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5.3 Your only exclusive remedy arising out of the performance of services whether arising under contract, tort (including negligence), strict liability or otherwise shall be the modification, adjustment, repair or re-performance of the service or in our discretion a
credit to your account for the cost of the performance of the services, however this shall be at our absolute discretion.
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5.4 To the extent allowed by law, our aggregate liability to you (whether in contract, tort or otherwise) in connection with the provision of our services under these Terms and Conditions is limited to the excess of our insurance.
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5.5 We will not be liable for:

(a) Any defect that was not visible on the day of the inspection for any reason; or
(b) Fire, flood, lightning, earthquake and any other events over which the Company has no control, including reported damage on these items; OR
(c) Service work not performed by the Company including recommendations of other outside professionals outside of the limitations of the reports.

INTELLECTUAL PROPERTY
6.1 All copyright and other intellectual property rights in all designs, products, and/or any documentation prepared in the course of supplying the services and/or producing our report is and shall remain our absolute sole and exclusive property and/or the sole and exclusive property of any of our contractors or licensors.
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6.2 Upon payment by you in full of any money owed in respect of the services and/or the report we will grant you an irrevocable non-exclusive licence to use the intellectual property developed as a result of the services and report supplied by us without further fee
or royalty unless otherwise agreed in writing by the us. The term “use” means utilisation of all components that form part of the report supplied to you solely for the intended purposes.
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6.3 This report contains legally privileged information and is intended for the benefit of you and your legal counsel only.
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DISCLAIMER
7.1 Any advice, recommendation, information, assistance, or service provided by us in relation to services and/or any report is given in good faith and is believed by us to be appropriate and reliable. However, any advice, recommendation, information, assistance or service provided by us is provided without liability or responsibility on the part of the Company. Further, the advice, recommendation, information, assistance or service given by us is of a general nature and involves commonly available knowledge and knowledge for which specialist skills, training and/or qualifications is not required. The Company strongly recommends you seek legal advice and consideration on any issues that may be raised by the Company in the delivery of their services.
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7.2 The Company also makes no express or implied warranty or statement and expressly negates any implied or expressed warranty (other than as may be imposed by statue) that the goods and/or services will be suitable for a particular purpose use for which the Client
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7.3 The Client accepts all risk and responsibility for consequences arising from the use of goods and/or services, whether singularly or in combination with other products, goods and/or services. The Client shall not make any claims for consequential damages.
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GENERAL
8.1 If any provision of these terms shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
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8.2 The parties submit to the exclusive jurisdiction and laws of New Zealand. Any legal action shall be taken in the court district closest to the registered address of the Company.
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8.3 We accept no liability whatsoever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these terms.

PURPOSE AND SCOPE OF REPORTS AND LIMITATIONS

HEALTHY HOMES INSPECTION WRITTEN REPORTS
The nature and purpose of engaging us, is for us to inspect and identify whether or not the home meets the required Healthy Homes Standards.
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This report is based on information publicly available, on a sight inspection, and the Healthy Homes Standards. It is not designed to replace the input from an engineer or building inspector however, will highlight any items that require further investigation from other professionals and/or that need rectification to meet the Standards (as amended from time to time).
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This report type will also advise on areas of weather tightness and other healthy homes requirements however this is non-invasive and further investigation and/or expert opinion may be required. Should further investigation be required, the correct professional will be recommended. In particular our report will address the following aspects, unless otherwise instructed:
1. Heating Standards.
2. Insulation Standards
3. Ventilation Standards.
4. Water Ingress and drainage.
5. Draught stopping.
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GENERAL
Any report provided by us has been completed via a non-invasive inspection and provides recommendations only to items that were able to be seen.
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In the event that access was unavailable, this has been noted in the report. Any items not able to be seen due to access either by location or furniture etc impeding visual inspection or camouflage are deemed not covered by this report.
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The Report is to be used by you only as guidance for evaluation of the condition of the premises and is not intended as an all-encompassing Report dealing with the Premises from every aspect. The Report is not intended to provide an indication of value, worth or suitability of the Premises. This report should be seen as a general guide from a qualified trade professional providing a snapshot of the property and its elements. It is not designed to advise a potential buyer on the advisability of purchase, rather to provide enough information to satisfy the client and the lender on the elements of the property from a general perspective. The inspection and/or report should not be misused as a form of compliance inspection as per the local authorities, nor should it be used as any guarantee or warranty of the present or future adequacy or integrity of any of the systems reported on in the property.
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Please note that although moisture readings will be taken and will be reported on if they are deemed to be outside of a general tolerance, this does not replace the recommendations of a trade qualified weathertightness expert, and any readings taken are of a non-invasive type only. Any opinions presented within this report, are based on publicly available information and the inspection. These should be taken as general opinions only, and there may be cause for variation.

Should any disputes arise due to the content of this report, this will be actioned as per the terms and conditions accepted at the time of booking the inspection. The report is valid only for a period of 30 days after release to you, after which time the premises will require re-inspection to determine the currency of the report together with any changed circumstances which may affect the premises.
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HEALTHY HOMES STANDARDS
The healthy homes standards aim to make a significant change to the quality of New Zealand rental homes. The standards cover improvements to heating, insulation, and ventilation, and addressing issues with moisture ingress and drainage and draught stopping.
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In December 2017, the Government passed the Healthy Homes Guarantee Act 2017. This Act amends the Residential Tenancies Act 1986 and enables standards to be made to make rental homes warmer and drier. The standards have now been finalised and drafted in the Residential Tenancies (Healthy Homes Standards) Regulations 2019.
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For more www.hud.govt.nz/residential-housing/healthy-rental-homes/healthy-homes-standards