1. Introduction
These Terms and Conditions (“Terms”) govern the provision of property maintenance and renovation services (“Services”) by Matangi Property Services Limited (“MPSL”, “we”, “us”, or “our”), a company registered in New Zealand, to clients (“you”, “the Client”). By engaging our Services, you agree to be bound by these Terms, which form a legally binding agreement between you and MPSL.
2. Services
MPSL provides professional property maintenance and renovation services, including but not limited to repairs, painting, carpentry, heat pump installation, insulation, and related property care services, primarily in Auckland, New Zealand. We are committed to delivering high-quality workmanship, timely project completion, and clear communication in accordance with industry standards and applicable New Zealand laws.
3. Quotations and Payment
3.1. Quotations: All quotations provided by MPSL are based on the agreed scope of work at the time of assessment and are valid for 30 days unless otherwise specified. Quotations are exclusive of Goods and Services Tax (GST) unless stated otherwise.
3.2. Cost Variations: MPSL will endeavour to adhere to the quoted price. Any variations to the scope of work that may affect costs will be communicated to the Client in writing and require your approval before proceeding.
3.3. Payment Terms: Payment terms will be outlined in the contract or invoice. Payments must be made in full by the due date. Late payments may incur interest at a rate of 2% per month or part thereof, calculated daily, and any associated recovery costs.
3.4. Deposit: MPSL may require a deposit prior to commencing work, as specified in the contract.
4. Scheduling and Delays
4.1. Scheduling: MPSL will perform the Services in accordance with the agreed schedule, subject to availability of resources and external factors.
4.2. Delays: Delays caused by factors beyond MPSL’s reasonable control, including but not limited to adverse weather, supply chain disruptions, or restricted site access, may affect project timelines. MPSL will notify the Client promptly of any delays and provide revised timelines where applicable.
4.3. Site Access: The Client must provide MPSL with reasonable access to the property during agreed times to enable the performance of Services. Failure to provide access may result in delays, and additional costs may apply.
5. Client Responsibilities
5.1. Information and Access: The Client must provide accurate and complete information regarding the property and the scope of work, as well as safe and unobstructed access to the site.
5.2. Permits and Consents: Unless otherwise agreed in writing, MPSL will obtain all necessary permits, consents, or approvals required for the Services. The Client must provide any relevant documentation or assistance to facilitate this process.
5.3. Site Preparation: The Client must ensure the work site is clear of personal belongings, obstructions, or hazards prior to the commencement of Services, unless otherwise Agreed.
6. Changes and Variations
6.1. Any changes to the agreed scope of work must be requested in writing by the Client and approved by MPSL in writing.
6.2. Variations may result in additional costs or time requirements, which will be communicated to the Client for approval before implementation.
6.3. MPSL reserves the right to refuse variations that are impractical or outside the scope of its expertise.
7. Warranties and Liability
7.1. Workmanship Warranty: MPSL warrants that all Services will be performed with due care, skill, and in accordance with industry standards. Specific warranty periods for workmanship will be outlined in the contract.
7.2. Statutory Guarantees: The Services are subject to the consumer guarantees under the Consumer Guarantees Act 1993 (NZ), where applicable.
7.3. Exclusions: MPSL is not liable for damage or defects caused by:
Normal wear and tear;
Misuse or neglect by the Client or third parties;
Alterations or repairs made by parties other than MPSL; or
External factors beyond MPSL’s control, such as natural disasters.
7.4. Limitation of Liability: To the maximum extent permitted by law, MPSL’s liability for any claim arising from the Services is limited to the total value of the contract for the Services provided. MPSL will not be liable for any indirect, consequential, or special losses, including loss of profit or opportunity.
8. Health and Safety
8.1. MPSL will comply with the Health and Safety at Work Act 2015 (NZ) and all applicable regulations to ensure a safe working environment during the provision of Services.
8.2. The Client must notify MPSL in writing of any known hazards or risks on the property prior to the commencement of work.
8.3. The Client must ensure that the work site is safe and accessible for MPSL personnel and contractors.
9. Cancellation and Termination
9.1. Cancellation by Client: The Client may cancel the Services by providing written notice to MPSL. Cancellation fees may apply to cover costs incurred, including but not limited to materials ordered, labour expended, or administrative expenses, as outlined in the contract.
9.2. Termination by MPSL: MPSL may terminate the agreement if the Client breaches these Terms, fails to make payment, or prevents MPSL from performing the Services. Written notice will be provided, and any costs incurred up to the termination date will remain payable by the Client.
9.3. Force Majeure: Neither party will be liable for failure to perform obligations under these Terms due to events beyond their reasonable control, such as natural disasters or government restrictions.
10. Privacy and Data
10.1. MPSL will collect, use, and store Client information in accordance with the Privacy Act 2020 (NZ). Personal information will only be used for the purposes of providing the Services and related communications.
10.2. The Client may request access to or correction of their personal information held by MPSL by contacting us directly.
10.3. MPSL’s website may use cookies to enhance user experience, as detailed in our Privacy Policy, available upon request.
11. Dispute Resolution
11.1. Any disputes arising from these Terms or the Services will first be addressed through good-faith negotiations between the parties.
11.2. If a resolution cannot be reached, either party may pursue mediation or other legal remedies under New Zealand law.
12. Governing Law and Jurisdiction
12.1. These Terms are governed by and construed in accordance with the laws of New Zealand.
12.2. Any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the New Zealand courts.
13. General Provisions
13.1. Entire Agreement: These Terms, together with any contract or quotation provided by MPSL, constitute the entire agreement between the parties and supersede all prior communications or agreements.
13.2. Amendments: MPSL may amend these Terms from time to time. The version applicable to the Services will be the one in effect at the time of contract signing.
13.3. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
13.4. Assignment: The Client may not assign their rights or obligations under these Terms without MPSL’s prior written consent.
Contact Information
For inquiries, clarifications, or to exercise your rights under these Terms, please contact:
Matangi Property Services Limited
Auckland, New Zealand
Email: info@mpsl.co.nz
Phone:0220591475