Terms & Conditions.

These Terms & Conditions (“Terms”) apply to the supply of property maintenance, gardening, lawn care, exterior care, small repairs and digger / earthworks services (“Services”) by Max’s Property Services (“Max’s”, “we”, “us”, “our”) to you (“Client”, “you”). They form a binding agreement between us once you engage us — by accepting a quote, booking a visit, or otherwise instructing us to begin work.

Last updated: 20 May 2026.

1. About us

Max’s Property Services is a sole trader business operated by Max Beliak. Contact: Max Beliak · 021 400 720 · max@maxs.co.nz. New Zealand GST will be added to invoices once we are registered for GST.

2. Quotes and acceptance

2.1 Quotes

Written quotes are valid for thirty (30) days from the date issued. They are based on the information you give us and what we observe at the property. If, when we begin work, we find conditions materially different from what we quoted on (for example: hidden damage, underground services not on the LIM, additional growth since the site visit), we will pause and discuss before continuing.

2.2 Acceptance

A quote is accepted by you in writing (email reply, text, signed quote) or when you book a visit on the basis of the quote. Once accepted, the quote and these Terms form the agreement between us.

2.3 Verbal agreements

We confirm verbal agreements in writing within one working day. The written confirmation prevails if there is any disagreement.

3. Bookings and scheduling

3.1 Confirmation

Booking requests are confirmed by us in writing within four working hours during business hours, or by 10am the next working day if received outside of business hours.

3.2 Arrival window

We commit to a thirty-minute arrival window for each scheduled visit (commitment 01 of our Standard of Care). If we are running outside of that window we will phone or text to advise as soon as we know.

3.3 Cancellation by you

You may cancel or reschedule a booked visit at no charge if you give us at least 24 hours’ notice. Cancellations with less than 24 hours’ notice may attract a cancellation fee of fifty percent (50%) of the booked visit’s value, payable on the next invoice. Same-day cancellations after we have arrived on site may be charged the full visit value plus a callout fee of $65.

3.4 Cancellation by us

We may reschedule a visit due to weather, illness, equipment failure, safety concerns, or family emergency. We will give you as much notice as we reasonably can, no charge, and reschedule to the next available slot you accept.

3.5 Weather

Garden and exterior work in heavy rain or high wind is rescheduled by mutual agreement, no penalty. Light rain work continues unless you ask us to reschedule. Digger work is paused for safety in conditions where slope, soil saturation, or visibility makes operation unsafe.

3.6 Annual plans

Annual plan visits follow a published schedule agreed at the start of the plan. Either party may reschedule individual visits with reasonable notice. The plan itself may be ended by either party on thirty (30) days’ written notice; any visits performed before the end date remain payable.

4. Pricing, invoicing and payment

4.1 Pricing

Prices are quoted in New Zealand Dollars. Once we are registered for GST, GST will be added at the prevailing rate. Materials and consumables (mulch, fertiliser, plants, stakes, fixings) are charged at our cost plus a reasonable handling margin disclosed in the quote.

4.2 Invoicing

Invoices are issued through Xero by email after the work is completed or, for annual plans, monthly in arrears. Each invoice will reference the visit date(s) and a description of the work performed.

4.3 Payment terms

Payment terms are seven (7) days from the date of invoice unless otherwise agreed in writing. Annual plan clients on direct debit are billed on the first business day of each month.

4.4 Late payment

Overdue accounts may attract interest at 1.5% per month (18% per annum), compounding monthly, from the day after the due date, until paid in full. We may also suspend further work for accounts more than fourteen (14) days overdue. The Client is liable for any reasonable debt-recovery costs we incur, including agency fees and legal costs, where these are necessary to recover an unpaid invoice.

4.5 Disputed invoices

If you dispute any part of an invoice, please tell us within seven (7) days. We will pause that portion of the invoice and discuss in good faith. Undisputed portions remain payable on the original terms.

5. Variations and additional work

If circumstances change during work or you ask for additional work, we will quote any variation in writing (email or text is fine) before doing it. Where waiting for written quote approval is impractical and the cost of the variation is less than $250, we may proceed with verbal agreement, with the variation confirmed in writing on the next invoice.

6. Access, keys and security

You are responsible for giving us safe and lawful access to the property. If you give us keys, alarm codes or gate codes, we hold them in confidence and return or delete them on request or at the end of our engagement. Gates are always closed and re-latched on every visit (commitment 08 of our Standard of Care). If we find we cannot safely access the property at the booked time, we will phone before leaving — if no answer, a callout fee of $65 applies.

7. Underground services and dial-before-you-dig

For any digger or excavation work, we make a free beforeUdig request before any blade touches ground. The plans returned are accurate to the limits the network owners provide and are not a guarantee. We use safe digging practices around all marked services and will hand-dig within 500mm of any located service as required by Worksafe NZ guidelines. Where unmarked services are damaged despite our reasonable care, the cost of repair is the Client’s responsibility; where we damage a marked service through negligence, the cost is ours.

8. Health, safety and risk

We comply with the Health and Safety at Work Act 2015 and operate within Worksafe NZ guidelines. The Client is responsible for advising us of any known site hazards (hidden steps, unstable retaining walls, recently treated chemicals, dogs, asbestos, etc.) before work begins. Where we identify a serious risk to our team that has not been disclosed, we may stop work and discuss before continuing. The Client agrees to allow reasonable safety precautions including the use of cones, signage, or temporary fencing where appropriate.

9. Property, plants and our work

9.1 Plant care

Gardening involves judgement calls. We follow horticultural best practice and the brief you give us. Established plants occasionally fail despite reasonable care, particularly where soil, light, or microclimate is unsuitable. We do not guarantee the survival of any individual plant unless we have planted it ourselves within the last twelve months as part of a written planting agreement.

9.2 Materials and disposal

Green waste is removed and composted at a registered facility. Hard waste, builders’ rubble, and chemicals from previous treatments are quoted separately for disposal where required.

9.3 Existing damage

We are not responsible for pre-existing damage to fences, pavers, irrigation lines, garden lighting, retaining walls, drainage, or other property elements. We will photograph anything that concerns us before starting work.

10. Consumer Guarantees Act 1993

Where you engage us as a consumer (residential property, personal use), the Consumer Guarantees Act 1993 applies and gives you guarantees that the Services will be carried out with reasonable care and skill, fit for purpose, and within a reasonable time. Nothing in these Terms is intended to limit or exclude any right you have under the Act. Where you engage us in trade (e.g. commercial property, body corporate, landlord activity), you and we agree to contract out of the Consumer Guarantees Act and Sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 to the extent permitted; this is fair and reasonable because the engagement is between businesses with similar bargaining power and the rest of these Terms continue to give you substantial protection.

11. The No-Callback Promise

If, within seven (7) days of a visit, you are not satisfied with the standard of work, tell us and we will return at no charge to put it right (commitment 12 of our Standard of Care). This promise is in addition to (not instead of) any rights you have under the Consumer Guarantees Act 1993.

12. Insurance

We hold public liability insurance to a value of NZ$2,000,000 and appropriate mechanical and motor insurance for our vehicles and digger. Certificates of currency are available on request. Our liability for any one claim is limited to the amount we recover from our insurers under that cover, except to the extent we have caused loss or damage by gross negligence or wilful misconduct, or where statutory rights you have cannot lawfully be limited.

13. Limitation of liability

Subject to clause 10 (Consumer Guarantees Act, which prevails for consumer engagements) and clause 12 (insurance):

• We are not liable for indirect, consequential or special loss (including loss of profit, loss of opportunity, loss of data, or loss of enjoyment) however caused
• Our total aggregate liability under any one engagement is limited to the greater of (a) the fees we have invoiced you for the engagement in the six months preceding the event giving rise to the claim, or (b) NZ$10,000
• Each Party must take reasonable steps to mitigate any loss

14. Intellectual property

Any designs, plans, plant schedules, or other written materials we produce in the course of providing Services remain our intellectual property until paid for in full, at which point you receive a non-transferable licence to use them for the property they were prepared for. Photographs taken by us remain our copyright; clause 8 of our Privacy Policy explains how we use them.

15. Termination

Either party may terminate this agreement on thirty (30) days’ written notice. Either party may terminate immediately for material breach not remedied within seven (7) days of written notice. On termination, any work completed remains payable, any prepayment for work not performed will be refunded, and any property of yours in our possession will be returned.

16. Force majeure

Neither party is liable for failure to perform where caused by events beyond reasonable control — earthquake, flood, fire, pandemic, civil unrest, government order, or similar events. We will resume Services as soon as reasonably possible.

17. Privacy

Our handling of your personal information is governed by our Privacy Policy, which forms part of these Terms.

18. Governing law and disputes

These Terms are governed by New Zealand law. Both parties submit to the exclusive jurisdiction of the New Zealand Courts. Before commencing court proceedings, the parties agree to attempt to resolve any dispute by good-faith discussion, and if not resolved within twenty-one (21) days, by mediation with a mediator agreed between the parties (or, failing agreement, appointed by AMINZ — the Arbitrators and Mediators Institute of New Zealand). For Client claims under the Consumer Guarantees Act, the Disputes Tribunal of New Zealand is available for claims up to $30,000.

19. General

19.1 Entire agreement

The accepted quote, these Terms, our Privacy Policy, and any written variations form the entire agreement between us, and supersede any prior conversation or representation.

19.2 Assignment

Neither party may assign this agreement without the other’s written consent (not to be unreasonably withheld), except that Max’s may assign to a successor entity (including on sale of the business) on written notice to you.

19.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the rest of the Terms continue in force.

19.4 No waiver

Failure to enforce a right under these Terms is not a waiver of that right.

19.5 Updates

We may update these Terms from time to time. Updates apply to engagements entered into after the update is published. Annual plan clients will be notified by email of any material change at least thirty (30) days before it takes effect.

20. Contact

For any question about these Terms, please contact Max:

Max Beliak · Max’s Property Services
Phone: 021 400 720
Email: max@maxs.co.nz

Important: These Terms are provided in good faith and are based on standard NZ commercial practice and the legislation referenced. They are not legal advice. We recommend a NZ commercial lawyer review these Terms before they are relied on for any high-value engagement.