About These Terms
These terms and conditions govern your use of all services provided by Safe & Healthy Home Solutions (“SHHS”, “we”, “us”, “our”). Service-specific terms that apply to particular inspections or assessments are set out in the relevant Schedule attached to these terms.
Agreement to These Terms
Please read these terms carefully before booking any of our services. By booking and/or using our services, you confirm that you have read, understood, and agree to be bound by these terms and the applicable Service Schedule. If you do not agree, do not book or use our services.
Changes to These Terms
We may update these terms at any time. Changes take effect for all bookings made after the updated terms are published. We recommend checking our website before each booking. Your continued use of our services after changes are published means you accept the updated terms.
Who We Are
Safe & Healthy Home Solutions is a property inspection services company. While our services have been developed by people with experience in environmental testing, property security and property inspection, we are not a licensed environmental testing, registered security, or property management company.
In some cases we may refer you to third-party service providers whom we believe offer quality services in specialist areas. We make no warranty about the quality of those third-party services, and you should satisfy yourself that any referred services are appropriate for your needs.
Our Technician Network
We train individuals (“Technicians”) to carry out the services we offer. Our Technicians are not licensed environmental testing professionals, registered security professionals, or property management professionals. They are trained specifically in the inspection and sampling techniques relevant to the service they deliver.
The specific standards and qualifications applicable to each service type are described in the relevant Service Schedule.
Inherent Limitations of Inspection Services
No inspection or sampling technique can guarantee detection of all contamination or damage. Contamination or damage may have been concealed, may exist below sampled surfaces, or may not be detectable by the methods used. By using our services, you acknowledge these inherent limitations and agree not to hold SHHS or our Technicians liable for contamination or damage that was not identified at the time our services were provided, including where such contamination or damage is later discovered.
Non-Circumvention
We have invested significantly in developing and training our Technician Network. By agreeing to these terms, you agree that you will not approach our Technicians directly to arrange work of the same or similar nature, whether on your own behalf or on behalf of anyone you represent or are associated with. All service requests must be made through SHHS.
Booking, Access and Scheduling
Access to the Property
You are responsible for ensuring that access to the property is available for our Technicians at the agreed time. If the owner, the owner’s agent or property manager, or the tenant refuses entry to the property:
- A minimum charge of 50% of the applicable service fee will apply, plus any travel costs incurred.
- Where fees have been paid in advance, a maximum refund of 50% of the applicable service fee may be considered, at our sole discretion.
We strongly recommend obtaining written confirmation from the relevant property owner, agent, or tenant that access for inspection will be granted before making a booking.
Pricing
We will make every reasonable effort to deliver services at the rates published on our website at the time of booking. Our ability to do so depends on Technician availability in the area where work is required. If we cannot deliver the service at the published rate:
- We will advise you and endeavour to find the lowest-cost alternative.
- Where a service cannot be arranged at the published rate and payment has already been received, we will refund the payment in full and will have no obligation to proceed with the service.
Timing
We will use our best endeavours to attend the property within 24 hours of your preferred time. Exact scheduling depends on Technician availability and property access. If we cannot meet your requested timeframe, we will contact you to agree an alternative. If no suitable time can be arranged, the booking will be cancelled and any advance payment refunded in full.
Cancellations and Refunds
Costs are incurred in organising Technicians for each booking. Our cancellation policy is:
- Cancellations with at least 2 clear working days’ notice: a refund of up to 50% of the service fee may be made, at our discretion.
- Cancellations within 2 working days of the scheduled time: a minimum charge of 50% of the applicable service fee applies, plus any travel costs already incurred. If fees have been paid in advance, a maximum refund of 50% will be considered, at our sole discretion.
Service Reports
We will advise you of the expected timeframe for delivery of your service report at the time of booking. We will make every effort to meet that timeframe, but no liability attaches to SHHS for late delivery of reports. Any adjustment in the price of services due to report delivery delay is at our sole discretion.
Limitations on the specific use of service reports for each type of inspection are set out in the applicable Service Schedule.
Sharing of Results with Third Parties
Where a service report reveals a result that may affect the interests of other parties with a legal or financial interest in the property (for example, a mortgagee or body corporate), SHHS may, at its sole discretion, make those results available to those parties. Further detail on this is included in the applicable Service Schedule.
Liability and Disclaimers
Limitation of Liability
To the fullest extent permitted by law, SHHS and its Technician Network are not liable for any loss or damage you suffer in connection with your use of our services, whether arising from errors or omissions in the services or information provided, or from the inherent limitations of inspection and sampling techniques.
Your use of our services is at your own risk. By using our services, you agree to hold SHHS and its Technician Network harmless from any loss, cost or expense — direct, indirect, or consequential — that arises from any contamination or damage not identified at the time our services were provided.
Consumer Guarantees Act 1993
Where the Consumer Guarantees Act 1993 applies, our liability for any breach is limited to:
- supplying the services to you again; or
- paying the cost of having the services supplied to you again.
Express Disclaimers
To the fullest extent permitted by law, SHHS makes no warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. We do not warrant that our services will detect all contamination, defects, or non-compliance that may be present at a property. Some exclusions may not apply to you under applicable law.
Your Privacy
SHHS respects the privacy and confidentiality of the information you provide and complies with the Privacy Act 2020 (NZ).
How We Use Your Information
We will use your personal information to:
- deliver the services you have booked;
- provide you with updates and information relevant to our services;
- improve our website and service offerings (using aggregated, de-identified data only).
We do not sell or deal in personal information. You may unsubscribe from general service-related communications at any time.
Disclosure of Information
We may disclose your information in good faith where we are required to do so:
- by law or court order;
- to enforce our customer agreements;
- to protect the rights, property, or health and safety of SHHS, our customers, or third parties; or
- to banks or financial institutions for fraud prevention purposes.
General
Website Links
Links to third-party websites on our website are provided for convenience only and do not imply endorsement or approval by SHHS. We take no responsibility for third-party content.
Payment
Payment for services is due at the time of booking unless prior arrangements have been made. Credit card payments are processed by Eway — their name will appear on your statement. If payment is not received from your card issuer, you agree to pay all amounts due on demand, including any applicable administration charges.
Exclusion of Competitors
If you are in the business of providing environmental testing, security, property inspection, or related services, you are a competitor of SHHS. You are not permitted to access our website, use our services, or obtain information about our services, directly or through a third party. If you breach this term, you will be liable to SHHS for any loss we suffer and any profits you make from such use.
Intellectual Property
SHHS reserves all copyright in its website and all documents, reports, and information it produces. You are not permitted to use any of our trademarks, trade names, graphics, or designs without our express written consent.
Governing Law
These terms and all services provided under them are governed by the laws of New Zealand. Any dispute that results in litigation will be subject to the jurisdiction of the New Zealand courts.
Whole Agreement
These terms and conditions, together with the applicable Service Schedule, represent the whole agreement between you and SHHS in relation to the services you use. No other terms are incorporated except as required by New Zealand law. All terms implied by common law that can lawfully be excluded are excluded.
Severability
If any clause of these terms is found to be illegal, void, or unenforceable under any applicable law, that clause is severed from these terms and the remaining terms continue in full force.
SCHEDULE A
Methamphetamine Screening Assessment Services
This Schedule applies in addition to the Master Terms above.
A1 – About This Service
Our methamphetamine screening assessment service involves sampling surfaces at a property for methamphetamine residue. Samples are analysed by an accredited laboratory in accordance with New Zealand Standard NZS8510:2017.
Our Technicians are trained in methamphetamine residue sampling techniques and procedures consistent with NZS8510:2017. They are not forensic scientists or licensed environmental testers. Results are screening assessments only and do not constitute a full environmental testing report.
A2 – Limitations of Meth Screening
You acknowledge and accept that:
- Methamphetamine contamination may have been deliberately concealed or may exist below the surfaces sampled. Where contamination has been masked, it may be present but not detectable at the point of sampling.
- A result showing no contamination does not guarantee that the property is free from methamphetamine residue.
- No sampling technique can guarantee the detection of all contamination that may be associated with methamphetamine manufacture or use at a property.
By using this service, you warrant that you will hold SHHS and its Technicians harmless from any loss, cost, or expense — direct or indirect/consequential — arising from methamphetamine contamination not identified at the time our services were provided.
A3 – Use of Meth Screening Reports
Our methamphetamine screening assessment reports may be used to:
- establish a baseline record of property condition;
- compare property condition over time across successive assessments.
Our reports cannot be used as evidence that a decontamination process has been successfully completed. A separate post-decontamination clearance assessment by a suitably qualified and accredited provider is required for that purpose.
A4 – Sharing Results with Third Parties
Where a meth screening assessment report shows that methamphetamine is present in samples taken from a property, SHHS may, at its sole discretion, make those results available to other parties who have or may have a legal or financial interest in the property. This may include, but is not limited to, mortgagees, body corporates, or property owners where the booking was made by a tenant or managing agent.
SCHEDULE B
Smoke Alarm Compliance Check Services
This Schedule applies in addition to the Master Terms above.
B1 – About This Service
Our smoke alarm compliance check service involves a visual and functional check of smoke alarms at a property to assess compliance with the requirements of the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 (“the Regulations”) and any subsequent amendments.
Our Technicians are trained to check for compliance with the Regulations as they relate to the number, placement, type, and working condition of smoke alarms. They are not fire engineers, electricians, or building certifiers.
B2 – What This Service Covers
Our smoke alarm compliance check will assess:
- whether smoke alarms are present in the locations required under the Regulations;
- whether alarms are of the type required (including any requirements for long-life or photoelectric alarms);
- whether alarms respond to a standard test function activation;
- whether alarms are within their recommended service life based on the manufacturer’s date marking, where visible.
B3 – Limitations of This Service
You acknowledge and accept that:
- A compliance check assesses the condition of smoke alarms at the time and on the date of the inspection only. SHHS gives no assurance as to the ongoing condition or effectiveness of smoke alarms after the inspection is completed.
- Our check does not constitute an electrical inspection and does not cover the wiring or installation compliance of hardwired smoke alarms.
- Our Technicians conduct a functional test using the alarm’s test button. This tests the alarm’s sounder and electronic circuitry but does not test the alarm’s response to actual smoke or combustion products.
- We are not responsible for any alarm that passes a standard functional test but subsequently fails to operate in a real fire event.
- A compliance check is not a substitute for a comprehensive fire safety assessment by a qualified fire safety professional.
B4 – Use of Smoke Alarm Compliance Reports
Our smoke alarm compliance reports may be used to:
- provide a record of smoke alarm condition at the property at the time of inspection;
- assist landlords in demonstrating steps taken to meet their obligations under the Regulations.
Our reports document the condition of smoke alarms as at the date of inspection only. They do not constitute a certification of ongoing compliance and should not be represented as such. SHHS accepts no liability arising from reliance on this report for any purpose beyond that stated above.
B5 – Landlord Obligations
SHHS draws your attention to the fact that compliance with the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 is the responsibility of the landlord. Our compliance check is designed to assist landlords in meeting this obligation but does not relieve the landlord of their legal responsibilities. Where our check identifies a smoke alarm that does not meet the requirements of the Regulations, it is the landlord’s responsibility to arrange for replacement or remediation promptly.
Note: The Regulations may be updated from time to time. SHHS will endeavour to keep its compliance checklist current but recommends that landlords independently verify the current regulatory requirements.
