Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and My Homes Construct Ltd ("MHCL", "we", "us", "our"), a company registered in New Zealand (NZBN: available on request) with its principal place of business at 84B West Harbour Drive, West Harbour, Auckland 0618.

By requesting a quote, accepting a quote, using our website at myhomesconstruct.co.nz, or engaging our construction or renovation services, you confirm that you have read, understood, and agree to be bound by these Terms.

If you are engaging services on behalf of a business, you confirm you have authority to bind that business to these Terms.

My Homes Construct Ltd provides professional residential and commercial construction services across Auckland, including but not limited to:

My Homes Construct Ltd operates as a registered building company. All building work is carried out by experienced professionals in accordance with the Building Act 2004 and the New Zealand Building Code.

Quote Preparation

All quotes are provided free of charge. Following a site visit or assessment, we will provide a written quote detailing the scope of work, materials, timeframe, and total price. Quotes are valid for 30 days from the date of issue unless otherwise stated.

Quote Acceptance

A contract is formed when you accept our quote in writing (including via email or text). Verbal acceptance alone does not constitute a binding contract.

Price Variations

• ›Quoted prices are fixed for the scope of work described. Any variation to the agreed scope of work will be assessed and priced as a variation order.
• ›Variations must be agreed upon in writing before additional work commences.
• ›If unforeseen conditions are discovered (e.g., hidden rot, asbestos, substandard existing structure), MHCL will notify you promptly and provide a variation quote before proceeding.
• ›Material price increases due to market fluctuations may be passed on if materials have not yet been ordered at the time of acceptance.

Payment terms are as set out in your accepted quote. Standard terms are as follows unless otherwise agreed in writing:

Payment Methods

We accept payment via bank transfer (preferred), cash, and major credit/debit cards. Details will be provided on your invoice.

Late Payment

Invoices are due within 7 days of issue unless otherwise agreed. Overdue amounts may incur interest at 2% per month. MHCL reserves the right to suspend work on any project where payments are overdue.

Retentions

For commercial projects, retention arrangements will be as specified in the individual contract. For residential projects, MHCL does not typically hold retentions.

Scheduling

Start dates are indicative and subject to weather conditions, material availability, and prior project completions. We will notify you of your confirmed start date as soon as practicable. Time is not of the essence unless expressly agreed in writing.

Client Responsibilities

• ›Provide safe, unobstructed access to the site during agreed working hours (typically 7am–6pm Monday to Friday, 8am–2pm Saturday).
• ›Ensure the site is clear of vehicles, animals, and personal property that may impede the works.
• ›Inform MHCL of any known hazards on the site, including asbestos, underground services, or structural concerns.
• ›Obtain body corporate, neighbourhood, or tenancy approval where required before work commences.
• ›Ensure a responsible adult is available to make decisions where required.

Weather & Force Majeure

Certain works (particularly roofing and exterior painting) are weather-dependent. MHCL is not responsible for delays caused by adverse weather, natural events, government orders, or circumstances beyond our reasonable control.

MHCL stands behind its workmanship. We provide the following warranties on completed work:

To the fullest extent permitted by New Zealand law (including the Consumer Guarantees Act 1993):

• ›MHCL's total liability for any claim arising from our services shall not exceed the total price paid by you for the specific works giving rise to the claim.
• ›We are not liable for indirect, consequential, or special losses, including loss of profits, loss of use, or loss of opportunity.
• ›We are not responsible for damage caused by pre-existing conditions, third-party works, or factors outside our reasonable control.
• ›Nothing in these Terms excludes liability for personal injury caused by negligence, fraud, or any liability that cannot be lawfully excluded.

Where services are supplied to a consumer within the meaning of the Consumer Guarantees Act 1993, the above limitations may not apply and your statutory rights are preserved in full.

The Client is responsible for obtaining any necessary building consents, resource consents, or permits required for the works, unless MHCL has agreed in writing to manage the consent process as part of the project scope.

• ›MHCL will advise you whether building consent is required for your project based on our assessment.
• ›Where MHCL agrees to manage consent applications, associated council fees are payable by the Client.
• ›All building work will be carried out in accordance with the New Zealand Building Code and relevant New Zealand Standards.
• ›MHCL will provide all required documentation and producer statements upon completion of building work, as applicable and as set out in your quotation.

All designs, plans, drawings, and documentation prepared by MHCL remain the intellectual property of MHCL unless otherwise agreed in writing. Upon full payment, you are granted a non-exclusive licence to use such documents solely for the purposes of the project for which they were prepared.

MHCL may photograph completed works for portfolio, marketing, and social media purposes. If you do not wish for your property to be photographed, please advise us in writing before works commence.

We are committed to resolving any disputes promptly and fairly. If you have a complaint, we encourage you to follow this process:

These Terms of Service are governed by and construed in accordance with the laws of New Zealand. Key legislation applicable to our services includes:

Both parties submit to the exclusive jurisdiction of the courts of New Zealand for the resolution of any dispute. The parties agree that any proceedings will be conducted in English.

If you have any questions about these Terms of Service or wish to discuss any aspect of our services, please contact us: