Terms and Conditions of Service

 KPS provides property maintenance, repair, renovation, landscaping, and related services, including but not limited to: 

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● Electrical services 

● Plumbing services 

● Flooring installation and repair 

● Painting and decorating 

● Gardening and section clears 

● Arborist and tree services 

● Building maintenance 

● General handyman services 

● Property improvement works 

KPS may perform services directly or engage suitably qualified independent contractors, subcontractors, specialists, or tradespersons to perform all or part of the services. 

The Customer acknowledges and agrees that: 

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a. KPS may engage independent contractors or subcontractors at its sole discretion.

b. Such contractors are not employees of the Customer. 

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c. KPS may rely on the qualifications, licences, certifications, representations, and insurance of such contractors. 

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d. KPS does not guarantee the continued availability of any specific contractor. 

a. All quotations are valid for 30 days unless otherwise stated. 

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b. Quotes are based on information available at the time and may be subject to variation if unforeseen conditions arise. 

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c. Estimates are indicative only and are not fixed-price commitments. 

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d. Additional work requested by the Customer or required due to hidden defects, safety issues, regulatory requirements, or unforeseen circumstances will be charged separately. 

The Customer must: 

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a. Provide safe and reasonable access to the property. 

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b. Ensure all necessary permissions, approvals, and consents have been obtained. 

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c. Remove valuable, fragile, or sensitive items from work areas. 

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d. Disclose any known hazards, defects, asbestos, contamination, underground services, or dangerous conditions. 

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KPS may suspend work if unsafe conditions exist. 

The Customer warrants that: 

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a. They own the property or have authority to authorise the work. 

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b. Information provided to KPS is accurate and complete. 

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c. Existing structures, systems, and installations are suitable for the requested work. 

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KPS shall not be liable for delays, defects, or additional costs resulting from inaccurate information supplied by the Customer. 

Where required by law, work will be performed by appropriately licensed or qualified persons. 

KPS does not warrant that existing installations, structures, wiring, plumbing, flooring, trees, or building components comply with current standards unless expressly engaged to inspect and certify compliance. 

Any variation to the scope of works may result in additional charges and extended completion times. 

KPS may proceed with urgent or necessary variations required to: 

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● Protect persons or property; 

● Address safety concerns; 

● Comply with legal obligations; 

● Prevent further damage. 

Completion dates are estimates only. 

KPS shall not be liable for delays arising from: 

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● Weather conditions; 

● Material shortages; 

● Contractor availability; 

● Supply chain disruptions; 

● Regulatory approvals; 

● Site access restrictions; 

● Hidden defects; 

● Circumstances beyond reasonable control. 

a. Payment is due within 7 days of invoice unless otherwise agreed. 

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b. Deposits may be required before commencement. 

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c. Progress payments may be required for larger projects. 

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d. Overdue accounts may incur interest at [10]% per annum and debt recovery costs. 

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e. The Customer shall not withhold payment for minor defects that do not materially affect the use of the completed work. 

The Customer must notify the KPS in writing of any alleged defects within a reasonable time after discovery. 

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KPS shall be given a reasonable opportunity to inspect and rectify any verified defect before the Customer engages another party. 

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KPS is not responsible for defects caused by: 

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● Misuse; 

● Neglect; 

● Lack of maintenance; 

● Third-party interference; 

● Structural movement; 

● Existing defects; 

● Natural events; 

● Customer-supplied materials. 

Where the Customer supplies materials, products, fixtures, fittings, plants, flooring, paint, appliances, or equipment: 

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a. KPS gives no warranty regarding their quality, suitability, performance, or compatibility. 

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b. Any additional labour or costs resulting from defective or unsuitable materials will be charged to the Customer. 

To the maximum extent permitted by law: 

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a. KPS's total liability arising from any claim relating to the services shall not exceed the amount paid by the Customer for the specific services giving rise to the claim. 

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b. KPS shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential loss, including: 

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● Loss of profits; 

● Loss of rental income; 

● Business interruption; 

● Loss of opportunity; 

● Loss of goodwill; 

● Loss of use. 

c. The Customer releases KPS from liability for pre-existing defects, latent defects, hidden conditions, or defects that could not reasonably have been identified prior to commencement. 

To the fullest extent permitted by law: 

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a. KPS acts as a coordinator and provider of property services and may engage independent contractors to perform services. 

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b. The Customer acknowledges that specialist services may be carried out by independent contractors who exercise their own professional judgment and expertise. 

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c. KPS's liability for acts, omissions, negligence, errors, or workmanship of independent contractors shall be limited to the extent recoverable from the relevant contractor or the contractor's insurer. 

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d. The Customer agrees that any claim relating solely to the professional conduct, negligence, or statutory obligations of an independent contractor may be pursued directly against that contractor where permitted by law. 

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e. Nothing in these Terms excludes any liability that cannot legally be excluded. 

The Customer acknowledges that certain services involve inherent risks. 

To the fullest extent permitted by law, KPS shall not be liable for: 

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● Damage resulting from hidden defects; 

● Failure of aged or deteriorated materials; 

● Underground services not disclosed or accurately located; 

● Existing structural weaknesses; 

● Damage necessarily incidental to completing the work. 

Where accidental damage occurs, liability shall be limited in accordance with Clause 12. 

The Customer acknowledges that tree work carries inherent risks. 

KPS does not guarantee: 

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● Tree health; 

● Future stability; 

● Survival of trees or plants; 

● Protection from future disease, pests, storms, or environmental conditions. 

The Customer accepts the risk of unforeseen internal decay, root defects, structural weakness, or hidden conditions. 

KPS does not warrant: 

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● Existing systems are compliant with current codes; 

● Existing installations are free from defects; 

● Future failures unrelated to the work performed. 

Where previously hidden defects are discovered, additional remedial work may be required at additional cost. 

KPS will maintain such insurance as it considers appropriate, which may include: 

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● Public liability insurance; 

● Contractor insurance; 

● Workers compensation (where applicable). 

The Customer is responsible for maintaining adequate insurance for their property and contents. 

KPS shall not be liable for any failure or delay caused by events beyond its reasonable control, including: 

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● Extreme weather; 

● Natural disasters; 

● Pandemic events; 

● Labour shortages; 

● Government restrictions; 

● Supplier failures; 

● Utility outages. 

The Customer indemnifies and holds harmless KPS, its directors, employees, agents, and contractors against claims, losses, damages, costs, and expenses arising from: 

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a. The Customer's breach of these Terms; 

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b. Unsafe site conditions; 

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c. Inaccurate information supplied by the Customer; 

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d. Claims by third parties arising from the Customer's instructions, acts, or omissions. 

KPS may collect, use, and disclose personal information as reasonably necessary to provide services, administer accounts, engage contractors, and comply with legal obligations. 

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. 

These Terms are governed by the laws of New Zealand. 

The parties submit to the exclusive jurisdiction of the courts of that jurisdiction. 

These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations, and agreements relating to the services. 

By accepting a quotation, instructing work to commence, signing a work order, or making payment, the Customer acknowledges that they have read and accepted these Terms and Conditions.