Disclaimer

The following terms of engagement ("Terms") apply to the Kiwi Property Wash Application for all residential, commercial, and industrial building cleaning and additional services ("Services"). These Terms govern the provision of Services to the account holder or the designated individual for whom the account was established ("Customer"). In case of any inconsistency with other documents, these Terms take precedence.

Quotes

1. These friendly Terms happily apply to any quote we share with you.

2. We're all for flexibility! If there are changes to quantities, measurements, specifications, or the nature of the services you need after we've given you a quote, or if there are any little hiccups or misstatements in the info you gave us, no worries! It just means a variation to our quote, and we'll let you know about any separate charges. We're here to make it work for you!

Kiwi Property Wash Authorization

By engaging with Kiwi Property Wash, you acknowledge that we trust your judgement when it comes to authorised individuals to place orders on your behalf. It is entirely your responsibility to ensure that all required authorizations, including licences, permits, and consents, are obtained prudently for the Services we provide to you. Your commitment to obtaining the necessary approvals aligns with our shared goal of a smooth and successful service experience.

Your Responsibilities and Risk Management with Kiwi Property Wash

1. Adherence to our Standards: It is imperative that you meticulously adhere to any instructions, directives, cautions, warnings, or aftercare guidelines ("our Instructions") provided by Kiwi Property Wash concerning the Services.

2. Mutual Agreement:

   1. Communication on Premises: You are required to inform us about any specific areas of the buildings ("the Premises") slated for washing that necessitate our awareness or avoidance during the execution of the Services, such as electrical zones and areas prone to leakage.

   2. Facilitating Service Efficiency: Should you desire us to clean areas behind items adjacent to the Premises' exterior, such as large waste bins and stacked pallets, it is incumbent upon you to ensure the relocation of said items to afford us sufficient space to conduct the Services.

   3. Pet Management: It is expected that pets remain indoors or are removed from the property throughout the washing process, with strict adherence to the prohibition of their presence on washed surfaces until dry.

   4. Provision of Water Supply: You are obligated to furnish us with an adequate water supply without imposing any charges on Kiwi Property Wash.

3. Access Facilitation: Ensuring seamless access to and from the Premises is your responsibility to facilitate the Services. You agree to furnish us with information regarding any period of restricted or prohibited access to the Premises, detailing secured or locked areas requiring special access. It is agreed that provisions will be made to grant us access to such areas
4. Limited Liability: Kiwi Property Wash holds no liability for any direct or indirect damages, economic losses, or other expenses resulting from or contributed to by your non-compliance with our Instructions or the stipulations outlined in clauses 4.2 or 4.3.
5. Financial Obligation: In the event that circumstances within your control impede the execution of the Services, and non-compliance with clauses 4.2 or 4.3 is evident, you remain financially liable for the agreed-upon price for the Services.

Limitation of Liability on Behalf of Kiwi Property Wash

1. While Kiwi Property Wash will exercise all due care in delivering our Services, should we become liable to you for any loss, damage, harm, or injury related to the provision of our Services, our liability will be restricted to an amount not surpassing the price you've agreed to pay for the Services. We expressly disclaim responsibility for any consequential losses of any kind experienced by you or any other affected party, and you agree to indemnify us against any claims arising from such losses.

2. For any claims, we require written notification, subject to verification or acceptance by Kiwi Property Wash. No claims relating to loss, damage, or injury arising from our Services may be filed more than three months after you become aware or should reasonably have become aware of the circumstances leading to the claim.

3. Following the completion of the washing process, Kiwi Property Wash assumes no responsibility for subsequent damage or spotting on oxidised or sun-damaged surfaces, including but not limited to aluminium, long-run cladding or roofing, paintwork, or joinery. Our commitment to quality extends to the washing phase, and any post-washing effects on certain surfaces fall outside our scope of responsibility.

Limitation of Liability & 6. Your Indemnity on Behalf of Kiwi Property Wash

To a limit, we're all about responsibility. If, for any reason, we become liable to you for physical, direct, or indirect damage, economic loss, or any other costs or expenses related to our services, our liability will be restricted. You agree that our liability won't exceed the price you've agreed to pay for the services. This includes steering clear of any consequential losses you or others might experience, and you commit to indemnifying us against any claims arising from such losses.

Your commitment to indemnify us goes hand in hand with our service agreement. You pledge to cover us for physical, direct, and indirect damage, economic loss, or any other expenses, including legal costs on a solicitor and client basis. This indemnification extends to claims or proceedings against us, to the extent that they're caused or contributed by you, your agents, or employees, or arise from a breach of these terms. It's a partnership built on mutual respect and accountability.

Price

Unless otherwise stated, all quotes are exclusive of GST.

Payment on Behalf of Kiwi Property Wash

In alignment with our payment terms, you hereby agree to the following:

1. Payment Schedule: Unless otherwise specified in writing, settlement in cleared funds is expected within three days from the date of our invoice, preceding the commencement of services.

2. Deposit Requirement: If a deposit is deemed necessary, it becomes due immediately upon your acceptance of our quote and is non-refundable.

3. Clear Payment: All payments must be made without any counterclaim, set-off, deduction, or other claims.

4. Creditworthiness Assurance: Should we observe a decline in your creditworthiness before the completion of our services, we reserve the right to request full or partial payment at any time or the provision of acceptable security. Failure to comply with this requirement may result in the suspension of service provision. Your understanding and cooperation in this matter are appreciated.

Termination - On Behalf of Kiwi Property Wash

1. In the event of any occurrences detailed in clause 9.2, Kiwi Property Wash reserves the right, without prejudice and in addition to any other rights or remedies available, to exercise the following options:

   1. Temporarily postpone the execution of the Services until the matter is satisfactorily resolved.

   2. Issue a written notice to suspend or cancel, either wholly or partially, these Terms or any other existing contract, providing notice to you.

   3. Seek reimbursement from you for all amounts related to damages, losses, costs, or expenses, including actual legal costs and expenses arising from your default or non-payment.

   4. Impose and require you to pay default compounding interest at a rate of 10% per month (calculated on a daily basis) until the complete settlement of all amounts owed to Kiwi Property Wash. This includes actual legal costs and other expenses, including debt collection costs, incurred in enforcing or defending our rights, including the right to payment for any Services performed.

   5. Issue a notice to you, demanding immediate payment of all amounts owed to Kiwi Property Wash, whether due or not.

2. The triggering events include:

   1. Breach of your obligations (including payment obligations) under these Terms or any other contractual agreement with Kiwi Property Wash.

   2. Initiation of negotiations for any scheme of arrangement, composition, or compromise with your creditors.

   3. In the sole opinion of Kiwi Property Wash, your inability to settle debts (including contingent liabilities) as they become due.

   4. Passing of any resolution to liquidate or becoming the subject of liquidation proceedings.

   5. Appointment of a receiver or a receiver or manager over the whole or part of your property or undertaking.

   6. Bankruptcy or commission of an act of bankruptcy by you.

Consumer Guarantees Act 1993

You agree that the Services are performed for the purposes of the business and the Consumer Guarantees Act 1993 will not apply.

Warranties

All statutory, express, or implied warranties by us including without limitation the implied warranties of merchantability and fitness for any particular purpose are expressly excluded (to the extent permitted by law).

Privacy Information

1. You and any Guarantor acknowledge that any information about you provided to Kiwi Property Wash may be utilised by Kiwi Property Wash at any time for purposes associated with its business, including but not limited to quotes, direct marketing, debt collection, and credit reporting or assessment. You authorise Kiwi Property Wash to provide such information to any external agency or party for credit information and assessment purposes, and that agency or party is hereby authorised to use and continue to use such information as part of their business services. Kiwi Property Wash collects personal information from you, including details such as your name, contact information, location, computer or network information, interactions with Kiwi Property Wash, billing, or purchase information. In addition to our staff, this information is shared with email marketing applications to send you promotional material. You may opt-out at any time.

   Some information is optional. If you choose not to provide the information required in the contact form or instant quote form, Kiwi Property Wash may be unable to provide an accurate quote or deliver services. We maintain the security of your information through password protection and restrict access to only certain staff members.

2. Kiwi Property Wash may occasionally capture images and/or video of the properties it washes for the purposes of its marketing campaigns. If you prefer that images of your property not be featured in Kiwi Property Wash's marketing material, please notify us before the service is delivered.

3. Any personal information is held by Kiwi Property Wash, and you have certain rights of access to your personal information under the Privacy Act 1993.

Unsolicited Electronic Messages Act 2007

1. You consent to us sending you marketing communications from time to time unless you inform us otherwise by letter or email

Services

Kiwi Property Wash will make reasonable efforts to deliver the Services on the date(s) specified in our quote or estimate. You acknowledge that Kiwi Property Wash is not obligated to perform the Services if:

1. Kiwi Property Wash deems the conditions unsuitable.

2. Kiwi Property Wash believes that performing the Services would constitute a breach of its obligations under the Health and Safety at Work Act 2015.

3. Kiwi Property Wash lacks sufficient access to the premises to carry out the Services, or if clauses 4.2 or 4.3 are not adhered to.

Health and Safety

1. Kiwi Property Wash and you mutually commit to strict compliance with obligations under the Health and Safety at Work Act 2015 (HSWA) concerning the delivery of Services. Both parties pledge to ensure that their respective personnel adhere to any health and safety instructions provided by either party.

2. Kiwi Property Wash and you undertake to:

   1. Adhere to any hazard or risk controls communicated by the other party.

   2. Promptly report any accidents or incidents to the other party.

   3. Furnish, upon request, information about their health and safety plan.

3. You agree to:

   1. Collaborate with Kiwi Property Wash as reasonably required to provide insights into any hazards or risks that may not be apparent or familiar, and to engage in discussions on health and safety matters.

   2. If requested by Kiwi Property Wash, provide details of your health and safety plan and any hazards associated with the Premises.

4. Both parties commit to indemnify each other, as well as their agents, employees, contractors, and invitees, against any orders for reparation, losses, costs, and expenses (excluding fines and infringement fees under the HSWA) for which either party may become liable in any capacity due to the other party's failure to observe or comply with the HSWA, including any subsequent amendments and enactments passed in substitution.

On Behalf of Kiwi Property Wash

1. Kiwi Property Wash emphasises that time is crucial concerning your obligations to us.

2. The previous non-enforcement of rights on an earlier occasion will not hinder Kiwi Property Wash from enforcing any of its rights under this agreement.

3. All notices pursuant to this agreement will adhere to the guidelines outlined in sections 185 to 189 of the Personal Properties Securities Act 1999.

4. Although you are not entitled to assign your rights under these terms, Kiwi Property Wash reserves the right to do so.

5. You acknowledge that Kiwi Property Wash may initiate proceedings related to these terms in any court it deems suitable. The governing law for these terms is New Zealand law.

6. Any provision of these terms deemed invalid or unenforceable for any reason will be severed and not affect the remaining provisions.

7. You acknowledge that these terms, along with any estimate or quote provided by Kiwi Property Wash, constitute the entire understanding between the parties. No representations, relied upon by you, have been made by or on behalf of Kiwi Property Wash outside the terms.

On Behalf of Kiwi Property Wash

1. For any payment-related discussions, kindly reach out to us promptly. Should you find any dissatisfaction with the invoice, it is imperative that you contact us without delay.

2. If you are dissatisfied with the completed work, please notify Kiwi Property Wash within three days. Kiwi Property Wash reserves the right to revisit the property to rectify any deficiencies. Notifications beyond three days post-completion will not be entertained. In all instances, the customer is obligated to settle the full invoice amount unless otherwise mutually agreed upon in writing.

1. Kiwi Property Wash is delighted to accommodate appointment rescheduling at no additional cost.

2. In the event of appointment cancellation, kindly furnish us with a minimum of 24 hours' notice.

3. Please be aware that a cancellation fee may be applicable to appointments cancelled within 24 hours of the scheduled appointment time.

1. The delivery of goods is considered complete when the goods are initially dispatched from the premises of Kiwi Property Wash or collected by the Customer or the Customer's authorised agent. All carriers of goods are recognized as agents acting on behalf of the Customer.

2. Kiwi Property Wash reserves the right to halt future deliveries until the Customer settles payment for all preceding supplies of goods or services, regardless of the due payment status.

3. In instances where Kiwi Property Wash is unable to deliver goods or perform a service due to factors beyond its control, including force majeure events, the company retains the right to suspend delivery or cancel the Customer's order. In such cases, Kiwi Property Wash shall not be liable for any loss or damage incurred by the Customer.

4. The return of goods is subject to the prior approval of Kiwi Property Wash. Unless otherwise agreed in writing by the Company, all associated costs, including freight and others, related to the return of goods will be borne by the Customer.

On Behalf of Kiwi Property Wash

Kiwi Property Wash reserves the right to modify these terms of trade periodically. Regarding the provision of any goods or services by Kiwi Property Wash to the Customer, the Customer is obligated to adhere to the terms of trade in effect at the time of the sale of those goods or services. Upon request, a copy of the most recent version of the terms of trade will be provided by Kiwi Property Wash.