Last updated:27/10/2026a

1. About these terms

   Smart Property NZ Ltd provides residential and commercial painting and property care services across Auckland, including interior and exterior painting, roof painting, character home painting and house washing. In these terms, “we”, “us” and “our” mean the business operator identified above. “You” means our customer, “work” means the services and materials described in an accepted quotation, and “site” means the property where the work will take place. Sections relating to website use apply when you use our website. Service terms apply when provided to you before you accept our quotation and incorporated into our agreement. The agreement comprises the accepted quotation, these terms and any other documents expressly identified and supplied before acceptance. Any agreed projectspecific amendments take priority over these general terms. Nothing overrides rights or obligations that cannot lawfully be excluded. Changes to these terms apply to future agreements. Changes to an existing agreement require both parties’ agreement, except where otherwise required by law.

2. Quotations and acceptance

   Unless stated otherwise, quotations remain valid for 30 days from their issue date. Our quotation will describe the included work, relevant preparation, materials, exclusions, price and payment arrangements. Any deposit requirement will be stated before acceptance. Consumer quotations will clearly show the total price including GST. If a commercial quotation shows prices excluding GST, this will be clearly identified. You may accept a quotation in writing, including by email. Anyone accepting on another person’s or business’s behalf must have authority to do so. Submitting a website enquiry or requesting a quotation does not confirm a booking or commit you to purchasing services.

3. Scope, preparation and materials

   We will carry out the agreed work with reasonable care and skill, using materials suitable for the agreed purpose and complying with applicable legal requirements. The preparation and coating system will be described in the quotation and selected for the agreed scope and reasonably identifiable surface conditions. Structural repairs, leak repairs, specialist design, hazardous-material removal and work by other trades are included only where expressly stated. We remain responsible for the suitability of recommendations and work for which we are legally responsible.

4. Existing conditions and unexpected issues

   Existing properties may contain hidden deterioration, moisture, unstable coatings, rot, corrosion or other conditions that are not reasonably apparent before work starts. If we discover an issue affecting the agreed work, we will explain it and discuss the proposed response, including any effect on price or timing. We will not carry out chargeable additional work without agreement, except where immediate action is reasonably necessary to protect people or property and it is impracticable to obtain instructions first. We will make reasonable attempts to contact you and explain any necessary action and reasonable costs promptly. Any exclusion concerning existing surfaces or coatings must be clearly identified in the quotation. It does not excuse inadequate preparation, unsuitable materials or other failures for which we are responsible.

5. Changes to the work

   Either party may propose a change to the scope, materials, colours or methods. Before proceeding, we will agree in writing on the change and its price, or an agreed basis for calculating the price, together with any effect on timing. Any additional costs arising from an associated pause or return visit must be reasonable, explained and agreed as part of the variation.

6. Timing and delays

   We will agree on the proposed start date and expected duration. The quotation will identify any dates that are estimates. We will notify you promptly of delays, explain their likely impact and take reasonable steps to minimise them. Weather, drying requirements, agreed variations, restricted access and unexpected site conditions may affect timing. Any extension must be reasonable and relate to its actual effect on the work. A date expressly agreed as binding will not become an estimate simply because of these terms. Where no completion time is agreed, we will complete the work within a reasonable time.

7. Access, approvals and site arrangements

   You must provide the access and facilities reasonably needed for the work, as agreed in the quotation. Please tell us about known hazards, access restrictions, fragile items and other contractors working at the site. We will coordinate reasonable arrangements for protecting belongings, managing pets and keeping people away from work areas. The quotation will identify who is responsible for obtaining any required approvals or permissions. Each party remains responsible for its own legal obligations. We will take reasonable care to protect your property and remain responsible for damage for which we are legally liable.

8. Health and safety

   We will meet our duties under applicable health and safety law. You must cooperate with reasonable safety instructions and disclose known hazards, including suspected asbestos, lead-containing coatings, unsafe structures or electrical risks. We may stop affected work immediately where reasonably necessary to address an unsafe or unlawful situation. We will explain the issue and the steps needed before work can resume. Neither party transfers its statutory health and safety duties to the other through these terms.

9. Completion and inspection

   We will notify you when we consider the agreed work complete and offer a reasonable opportunity to inspect it with us. Please raise visible concerns promptly, preferably within 10 working days, so we can assess and address them efficiently. Failure to respond within that period does not mean you accept defective work or lose any legal rights. Minor outstanding items will be recorded with an agreed plan for completion. Any disagreement about completion will be addressed through the dispute process below.

10. Defects, warranties and maintenance

    Please notify us of a suspected defect as soon as reasonably practicable and provide reasonable access for inspection. We will investigate promptly and remedy defects for which we are responsible within a reasonable time and without charge, subject to your applicable legal rights and remedies. Normal wear, inadequate maintenance, misuse, underlying property issues and damage caused by others may affect performance. These factors do not exclude responsibility to the extent that our work or materials caused or contributed to the problem. We will provide relevant maintenance guidance and details of any applicable workmanship or manufacturer’s warranties. Manufacturer warranties are additional to our own obligations. Customers are not required to pursue a manufacturer instead of exercising rights against us. Nothing in these terms excludes applicable consumer guarantees, Building Act warranties or statutory defect-remedy rights.

11. Payment and invoice queries

    Deposits, progress payments and final payment arrangements will be stated in the accepted quotation or agreed payment schedule. Invoices must reflect the agreement and identify the work or payment stage being charged. Please contact us promptly if you query an invoice, explaining the amount and reasons. A delay in raising a concern does not automatically remove your right to dispute a charge. Undisputed amounts remain payable when due, subject to applicable law. Where the Construction Contracts Act 2002 applies, its payment-claim, paymentschedule, adjudication and enforcement procedures remain available. This section does not replace those procedures or deadlines. We will not impose late-payment interest, cancellation charges or debt-recovery fees unless they have been clearly disclosed, agreed in advance and are lawful and reasonable.

12. Suspension

    For payment or access problems, we will give written notice explaining the issue and a reasonable opportunity to resolve it before suspending work, subject to applicable statutory requirements. Immediate suspension may be necessary for unsafe or unlawful conditions. Any suspension will be proportionate to its cause. We will take reasonable steps to leave the site safe and resume within a reasonable time once the issue is resolved. Any additional charges must have a lawful contractual basis and be reasonable. We will explain them promptly.

13. Cancellation and termination

    Please contact us promptly if you wish to cancel or postpone work. Any agreed cancellation charge must reflect reasonable, unavoidable loss, taking account of costs saved, materials that can be returned or reused and other reasonable steps to reduce that loss. Deposits are not automatically forfeited. Either party may terminate for a serious breach that is not remedied within a reasonable period after written notice describing the breach and what is required to remedy it. The notice will normally allow at least 10 working days, unless the circumstances or law justify another period. This does not limit any statutory right to cancel sooner. On termination, we will account for work properly completed, agreed variations and other amounts lawfully due, less payments already made and any refunds, credits or remedies owed. Collection of our equipment or unused materials will be arranged lawfully and must not damage the property.

14. Responsibility and legal rights

    Each party is responsible for loss or damage to the extent caused by its breach, negligence or other conduct for which it is legally responsible. Each must take reasonable steps to minimise avoidable loss. Nothing in these terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Building Act 2004 or Construction Contracts Act 2002, where applicable. No blanket liability cap or exclusion of consequential loss applies through these general terms.

15. Events beyond reasonable control

    If an event beyond a party’s reasonable control affects performance, that party must notify the other promptly and take reasonable steps to minimise its effects. Any extension or other adjustment must be proportionate to the impact. The event does not automatically cancel payment obligations or remove statutory rights. If the disruption continues, we will discuss practical options, including rescheduling or ending the affected work on fair terms, subject to applicable law.

16. Privacy, photographs and confidentiality

    We handle personal information as explained in our Privacy Policy. We will obtain permission before using photographs that identify you or your property in our website gallery or marketing. Each party will protect confidential information received in connection with the work. Disclosure is permitted where reasonably necessary to perform the agreement, obtain professional advice, meet legal obligations or exercise legal rights. Nothing in this section prevents a lawful complaint or honest customer review.

17. Website information and content

    Website information is general guidance. Recommendations for your property may require a site assessment. Project photographs illustrate our work. Colours and finishes may appear differently because of lighting, photography and screen settings. Unless otherwise stated, our original website text, photographs and branding belong to us or are used with permission. You may view or print them for personal use or to consider our services. Other uses require permission unless permitted by law. You must not interfere with the website, introduce harmful software, attempt unauthorised access or knowingly submit false information. External websites have their own terms and privacy practices. Website access may occasionally be interrupted, including for maintenance.

18. Concerns and disputes

    Please contact us first so we can understand the issue and work towards a resolution. Both parties will make reasonable efforts to resolve disagreements promptly. If agreement cannot be reached, either party may propose mediation or use an available legal process, including the Disputes Tribunal, courts or construction adjudication where applicable. This process does not prevent urgent action or alter statutory deadlines.

19. Contact, notices and governing law

    Smart Property NZ
    Email: smartpropertynz@yahoo.co.nz
    Phone: 027 629 8258
    Contract notices may be delivered to the contact details specified in the quotation or subsequently notified in writing. Statutory notices must be served in accordance with applicable law. These terms are governed by New Zealand law. The New Zealand courts have nonexclusive jurisdiction, without limiting access to any competent tribunal or statutory dispute process.