FSM Housing Ltd offers clients a five-year workmanship guarantee when they hire our services and choose to use one of the Approved Product Lines.
About the Guarantee (simplified summary of terms):
- The Guarantee is automatic for Residential or commercial work only on the affected areas that meet the criteria and accepted by FSM Housing, prior to commencement of the work.
- FSM Housing has options for Residential projects & Commercial projects only where Approved Product Lines are going to be used.
- Please note that some products are not included as they either cannot meet the life expectancy (stains etc) clause, or carry warranties relating to the specialised installation (waterproofing etc).
- For the sake of clarity, no Roof Coatings are covered under any of these warranty products.
- For the warranty to become effective confirmation from FSM Housing must be completed, and all work relating to the contract paid for in full.
- The Guarantee is transferable from a builder/developer or client to the next owner of a residence. There is a process to follow to register such a change.
- The Guarantee, once issued, does not absolve the member from their normal responsibilities in respect to standards of workmanship and rectification.
- The Guarantee does not negate consumer rights under the Consumer Guarantees Act 1993
Approval of Application and Acceptance of Guarantee
1. FSM Housing will consider any Application and, in its discretion, may approve or decline the Application. Depending on the circumstances and the time passed after completion of the job until the claim of Guarantee.
2. No Guarantee will be Approved or Accepted where the Application is received by FSM Housing after the time agreed from completion of the work. (3 years for level 3 & 5 years for level 5 on interior projects)
3. The client must notify FSM Housing that the property is in conditions for the benefit of the Guarantee, the Homeowner shall have the benefit of the Guarantee (pursuant to the Contract and Commercial Law Act 2017) subject to the Guarantee Terms and Conditions, as published on www.fsmhousing.co.nz and shall be entitled to enforce the Guarantee in accordance with those terms.
Cancellation of Application or Guarantee
11. Guarantee Applications will be cancelled by FSM Housing when;
11.1. the Client terminates the Contract; or
11.2. the Client has provided any false or misleading information, in the Guarantee Application; or
11.3. the Client has not made payment to FSM Housing in accordance with the Contract;
12. Accepted Guarantees will be cancelled by FSM Housing when;
12.1. the Client undertakes any remedial work including the repair of any Defect, or engages another painter, contractor or themselves to undertake any remedial work without the prior written consent of FSM Housing; or
12.2. the Client has provided any false or misleading information, in either the Guarantee Application Form or the Request for Transfer; or
12.4. the Client has made a false or misleading claim or notification under the Guarantee. Limitation of Liability
13. The Guarantee applies to the contract as provided with this application. Further works at the same dwelling, under a separate contract will require a separate Guarantee.
16. Except as otherwise stated in these Terms and Conditions, the Guarantee shall terminate and be of no further effect at the date of the expiry of three/five years from the termination day.
16.1.Remedial work will not extend this Termination Date.
16.2.Any transfer of the Guarantee will not extend this Termination Date
What is covered by the Guarantee
17. Defect in Materials and Defect in Workmanship cover, that applies from the date of Acceptance up to and including the third/fifth anniversary of that date.
17.1. Defect in Materials means a substantial failure of any materials prematurely, having regard to recognised trade practice. Where there is a manufacturer or supplier warranty or guarantee on materials, the Client must make a claim on such warranty or guarantee first.
17.2. Defect in Workmanship means a Defect from any failure by FSM Housing to comply with:
17.2.1. the Contract; or
17.2.2. regard to relevant trade practices and standards; or
17.2.3. any relevant instruction or recommendation given by the manufacturer or supplier.
17.3.Please note Roof Coatings are Not covered by the guarantee, either for product or application.
The Guarantee Does NOT Cover
18. The Guarantee does not cover and FSM Housing shall not be liable for any:
18.1. matters or claims where the Client is either the Painter or is an Associate of the Painter.
18.2. matters or claims covered by insurance (including home and contents insurance and/or professional indemnity insurance).
18.3. Consequential Damage or Consequential Loss.
18.4. any damage or Defect arising from a problem with the condition of the substrate which was notified by the client and which the client elected not to alter.
18.5. damage or Defect that should have been avoided or resultant from normal wear and tear (including damage or deterioration that could reasonably have been minimised or avoided by the Client by reasonable, regular and thorough inspections and maintenance by the Client).
18.6. damage or Defect beyond the reasonable control of the Painter (including condensation, shrinkage, contraction or expansion of any material, and act of God.)
18.7. matters or claims that are not the Painter’s responsibility (including work or materials outside the Contract OR arranged by and/or paid for directly by the Client).
18.8. any damage or Defect of product that is not an Approved Product.
18.9. unavoidable aesthetic variance (including aesthetic variance due to it being not reasonably practicable to match materials).
18.10. agreed deviations (where any Client and Painter agree to deviate from the Contract, and/or agree to deviate with regard to relevant trade practices and standards for the Works.
18.11. colour consistency of coatings especially roof coatings as these are subject to significant environmental impacts. The consistency of the overall coating is covered only.
18.12. waterproofing or weathertight coatings and membranes are not covered for other than their decorative aspects.
18.13. Roof Coatings, either for product or application
Client to Lodge a Claim
19. FSM Housing is not required to take any steps in relation to any notification or communication from the Client until the Client has, in the reasonable opinion of FSM Housing, taken all reasonable steps to induce the Painter to make good the Defect.
20. Notwithstanding any agreement between the Painter and Client to rectify the Defect, unless the Painter has completed all the remedial work, the Client must notify FSM Housing no later than 30 days after the date on which the Client became aware or should have become aware of this matter; and lodge a claim with FSM Housing on the prescribed FSM Housing claim application form signed by the Client, no later than 14 days after the date on which the Client first notified FSM Housing.
21. Where FSM Housing has been notified but the Client does not lodge a claim within 14 days of notification, FSM Housing shall not be liable for any existing or future claims in regard to the matters notified. Claim Under Defect in Materials, Defect in Workmanship
22. FSM Housing shall assess and/or investigate the lodged claim and where the lodged claim appears valid shall instruct the Painter (if applicable) to make good the Defect within a timeframe or any extension as set by FSM Housing.
24. FSM Housing’s assessment and/or investigation of a lodged claim is for FSM Housing‘s benefit only and is solely for the purpose of determining whether the lodged claim appears to be valid. FSM Housing shall not be liable, whether in contract, tort or otherwise, for any matter relating to or arising out of its investigation, save for its liability under the Guarantee.
25. A lodged claim shall be taken as having been accepted or declined when the acceptance or declinature has been communicated in writing to the Client.
26. As a condition of FSM Housing accepting a claim, the Client shall upon request assign to FSM Housing all of their rights and remedies against any party or person connected with the Works, whether or not a party to the Contract. FSM Housing may take any steps to enforce such rights and remedies. Further, the Client shall give FSM Housing all assistance that it might reasonably require.
27. FSM Housing may (at its discretion) decide whether to repair or replace a Defect. Where the cost to remedy any Defect is, in the opinion of FSM Housing, out of all proportion to the loss or damage to the Client, then FSM Housing may, in its discretion, pay the reasonable value of the repair or replacement to the Client in lieu of FSM Housing remedying the Defect or assisting the Client to select a replacement Painter.
28. The method and manner of any remedial work undertaken under this Guarantee shall be at the discretion of FSM Housing.
Provision of All Relevant Information and Access
29. The Client must allow FSM Housing, its inspectors and the Painter access to inspect the Works and to undertake any agreed remedial work at any reasonable times.
30. The Client and the Painter each are obliged to assist FSM Housing by providing access to and/or copies of all relevant documentation that may be required by FSM Housing to enable to assess and/or meet its obligations under the Guarantee.
31. If any failure by the Client to comply with these Terms and Conditions prejudices the ability of FSM Housing to deal efficiently or economically with a claim or the underlying Defect, then FSM Housing may (at its discretion), decline the claim in whole or in part, even where the claim has previously been accepted.