FSM Housing Limited

Terms & Conditions

(Aligned with FSM Care Plan & Workmanship Warranty)

1. Definitions and Interpretation

In these Terms and Conditions:

  • Company / FSM means FSM Housing Limited.
  • Customer / Client means the individual or entity engaging FSM.
  • Contract means the agreement between FSM and the Client, including the Quote, these Terms and Conditions, and any applicable Care Plan or Workmanship Warranty.
  • Quote means the written proposal issued by FSM.
  • Services means the painting, plastering, landscaping, finishing, or related services detailed in the Quote.
  • Practical Completion means the date FSM completes its contracted scope.

2. Services Provided

FSM will provide the Services as described in the accepted Quote. Any changes to scope constitute a variation and must be agreed in writing.

3. Acceptance of Quote

Acceptance of a Quote (in writing or by conduct) constitutes acceptance of:

  • The scope of works
  • Pricing
  • These Terms and Conditions
  • Any applicable Care Plan or Workmanship Warranty

4. Booking Commitment

Upon acceptance, FSM reserves labour, materials, and scheduling capacity. FSM may decline other work to honour the agreed programme.

5. Cancellation & Suspension

5.1 Before Work Commences

If the Client cancels after acceptance but before commencement, FSM may charge 20% of the quoted value.

5.2 After Work Commences

If the project is cancelled, suspended, or delayed for reasons outside FSM’s control, FSM is entitled to payment for:

  • Work completed
  • Labour and materials committed
  • Non-refundable purchases
  • A loss-of-booking fee equal to 50% of the remaining balance

6. Pricing Disputes

Once accepted, pricing is binding. Internal disputes between stakeholders do not justify cancellation or withholding payment.

7. Payment Terms

Unless otherwise agreed in writing:

  • $1,000 holding fee on acceptance
  • 40% deposit one week prior to commencement
  • 30% progress payment at midpoint
  • Balance due upon completion

Late payments incur 15% interest per month (or part thereof).

8. Non-Payment & Enforcement

FSM reserves the right to suspend works, withhold warranties, and recover:

  • Outstanding balances
  • Legal and debt recovery costs
  • Loss of earnings

9. Variations

All variations must be approved in writing. Verbal instructions are not binding.

10. Programme & Delays

Timeframes are estimates only. FSM is not liable for delays caused by weather, materials, third parties, or events beyond its control.

11. Health & Safety

FSM complies with the Health and Safety at Work Act 2015. Clients must comply with site safety requirements.

12. Insurance

FSM holds public liability insurance. Clients must promptly report incidents.

13. Liability & Indemnity

FSM’s total liability is limited to the amount paid under the Contract. FSM is not liable for indirect or consequential loss. Clients indemnify FSM for losses arising from their acts or omissions.

14. Protection of Finished Works & Third-Party Damage

FSM is not responsible for damage caused by other trades, occupants, or third parties after Practical Completion.

Any remedial work required due to third-party damage will be treated as a chargeable variation at:

  • $70 NZD per hour + materials (+ GST if applicable)

15. Warranty & Care Plan Hierarchy

Any FSM Care Plan or Workmanship Warranty forms part of the Contract.

Order of priority in the event of inconsistency:

  1. Written Contract & Quote
  2. Applicable Care Plan or Workmanship Warranty
  3. These Terms and Conditions

All warranty or Care Plan obligations are conditional upon full payment.

16. Warranty Structure

16.1 Homeowners

Residential homeowners may receive the FSM 5-Year Care Plan, subject to eligibility and published terms.

16.2 Builders, Developers & Commercial Clients

Builders, developers, property managers, body corporates, and insurers receive a 5-Year Workmanship Warranty only. No Care Plan applies.

17. Warranty Exclusions (All Clients)

Warranties do not cover:

  • Normal wear and tear
  • Weathering, fading, or UV exposure
  • Structural movement or substrate failure
  • Water ingress or weathertightness issues
  • Roof coatings (product or application)
  • Works altered by others
  • Non-approved products

18. Transferability

Where permitted, warranties or Care Plans may be transferred subject to FSM approval and compliance with published procedures.

19. Dispute Resolution

Disputes must first be negotiated in good faith. If unresolved within 14 days, mediation through NZDRC applies.

20. Privacy

FSM complies with the Privacy Act 2020.

21. Force Majeure

FSM is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, or regulatory actions.

22. Severability

Invalid provisions do not affect remaining clauses.

23. Entire Agreement

These Terms and Conditions, together with the Quote and applicable Care Plan or Warranty, constitute the entire agreement.

24. Governing Law

This Contract is governed by the laws of New Zealand.

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FSM Cleaning Ltd – Terms and Conditions

These Terms and Conditions (“Terms”) apply to all cleaning services provided by FSM Cleaning Ltd (“FSM Cleaning”, “we”, “us”, “our”) to the customer (“Client”, “you”).

By accepting a quote, booking services, or engaging FSM Cleaning Ltd, you agree to be bound by these Terms.

1. Definitions

  • Company / FSM Cleaning means FSM Cleaning Ltd.

  • Client means the individual or entity engaging FSM Cleaning.

  • Services means cleaning, construction cleaning, commercial cleaning, maintenance cleaning, or related services as described in the quote or agreement.

  • Quote means the written or verbal estimate provided by FSM Cleaning.

  • Contract means the agreement formed once a quote is accepted together with these Terms.

2. Acceptance of Quote

  • Quotes are valid for 14 days unless stated otherwise.

  • Acceptance may be confirmed by email, text message, written confirmation, or commencement of services.

  • Once accepted, the Client enters into a binding contract subject to these Terms.

3. Scope of Services

  • Services will be carried out in accordance with the agreed scope outlined in the Quote.

  • Any work outside the quoted scope will be treated as a variation and may incur additional charges.

  • FSM Cleaning does not guarantee the removal of permanent stains, construction defects, pre-existing damage, or wear and tear.

4. Pricing and Payment Terms

  • All prices are exclusive of GST unless stated otherwise.

  • Payment terms are strictly 7 days from invoice date, unless otherwise agreed in writing.

  • FSM Cleaning reserves the right to:

    • Require progress payments, deposits, or payment on completion

    • Suspend or cease services if payment is overdue

  • Late payments may incur:

    • Interest at 2% per month

    • Debt recovery and legal costs

5. Cancellations & Rescheduling

  • Cancellations or rescheduling must be made with at least 24 hours’ notice.

  • Cancellations within 24 hours may incur a cancellation fee to cover allocated labour and scheduling.

  • FSM Cleaning reserves the right to reschedule due to weather, site readiness, access issues, or health and safety concerns.

6. Access & Site Conditions

  • The Client must provide safe and clear access to the site at the agreed time.

  • FSM Cleaning is not responsible for delays or incomplete services caused by:

    • Restricted access

    • Unsafe conditions

    • Ongoing construction activity

    • Power or water unavailability

7. Health & Safety

  • FSM Cleaning operates under NZ health and safety requirements.

  • We reserve the right to stop work immediately if conditions are deemed unsafe.

  • Any delays or additional costs arising from unsafe conditions are the Client’s responsibility.

8. Quality & Limitations

  • FSM Cleaning will perform services with reasonable care and skill.

  • We do not accept liability for:

    • Pre-existing damage

    • Surface defects, paint issues, or construction faults

    • Damage caused by incorrect materials, finishes, or previous trades

  • Any concerns must be raised within 48 hours of service completion.

9. Liability

  • To the maximum extent permitted by law, FSM Cleaning’s liability is limited to:

    • Re-performing the affected portion of the service, or

    • The value of the service provided

  • FSM Cleaning is not liable for indirect, consequential, or economic loss.

10. Insurance

FSM Cleaning holds appropriate public liability insurance.
Insurance does not cover pre-existing defects, structural issues, or workmanship of other trades.

11. Force Majeure

FSM Cleaning is not liable for delays or failure to perform due to events beyond our control, including but not limited to weather, illness, supply shortages, or government restrictions.

12. Termination

  • FSM Cleaning may terminate services immediately if:

    • Payments are overdue

    • Site conditions are unsafe

    • The Client breaches these Terms

  • The Client remains liable for all work completed up to termination.

13. Privacy

  • Client information is handled in accordance with the Privacy Act 2020 (NZ).

  • We do not sell or misuse personal or business data.

14. Governing Law

These Terms are governed by the laws of New Zealand, and any disputes shall be subject to NZ jurisdiction.

15. Entire Agreement

These Terms, together with the accepted Quote, form the entire agreement between the parties and supersede all prior discussions or representations.