Terms & Conditions

D&C Waterwash undertakes all services with care and diligence. However, we cannot be held liable for unforeseen and unpreventable outcomes while performing our services.

 

Please read these Terms and Conditions carefully as they form a legally binding contract between you and D&C Waterwash.

1. Application

2. Authority

3. Services

A. Our Services Generally

B. Cleaning Supplies and Equipment

4. Health & Safety

5. Cancellation Policy

6. Damages

7. Disputes and Resolutions Procedure

8.1. Payment Process

8.2. Payment Security

9. Pricing and Discounts

10. Quotes

11. Your Obligations and Risk

12. Limitation of Liability

13. Indemnity

14. Termination

15. Consumer Guarantees Act 1993

16. Warranties

17. Privacy Information

18. Unsolicited Electronic Messages Act 2007

19. General

20. Changes to Terms and Conditions

21. Contact Information

 

1. Application

The following terms of trade (“Terms”) shall apply to all exterior cleaning, interior cleaning, lawn mowing, our technologies or function offered on our website and all related sites, customer service team, cleaners and maintenance operators and other services (“Services”) supplied to you by D&C Waterwash (“us, we, our”). These Terms will prevail if there is any consistency with any other document.

 

2. Authority

By using the Services, you state that:

  • you are forming a binding contract with D&C Waterwash;

  • you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and

  • you understand that D&C Waterwash is protected by relevant trademark and copyright laws. If you are using the Services on behalf of a business or some other entity, you also state that you are authorized to grant all licenses set forth in these Terms and agree to these Terms on behalf of the business or entity.

 

3. Services

A. Our Services Generally

D&C Waterwash agrees to provide you with the Services and you agree to pay the quoted price for the Services, unless otherwise agreed to in writing. If we are provided with an incorrect address, we are entitled to charge you for the cost as quoted.

 

You agree that:

(a) we are only obliged to perform the Services at the address you have provided to us; and

(b) our Services do not include cleaning under or removal or replacement of gutter guards unless this is expressly stated in our quote.

 

We will use our reasonable endeavours to perform the Services on the date(s) set out in our quote. You agree that we are not liable to perform the Services if:

(c) we believe the conditions are not appropriate;

(d) we believe that we would be breaching our obligations under the Health and Safety at Work Act 2015;

(e) we do not have sufficient access to the Premises to perform the Services; or

(f) clauses 3c and 3d are not complied with.

 

 

B. Cleaning Supplies and Equipment

We provide and use biodegradable, environmentally friendly supplies where possible, other cleaning supplies and all equipment necessary to carry out our Services, with a few exceptions. Unless specifically stated in writing by D&C Waterwash, we do not provide:

  • toilet brush

  • specialty cleaning products including but not limited to: bleach, wood cleaner, stainless steel cleaner, heavy-duty bathroom cleaner

 

We are more than happy to use these items if provided by you and left out in clear view for our staff with directions for use. Our staff will bring their own equipment and supplies to complete the Services.

 

D&C Waterwash requires that you have running water & electricity in order to carry out our interior cleaning services. We also require that you have carparks available for all our services. If either of these are unavailable, you must state this in the notes at the time of booking or email us at info@dcwaterwash.co.nz within 24 hours prior to the Service booking date.

 

4. Health & Safety

We both agree to strictly comply with our obligations under the Health and Safety at Work Act 2015 (HSWA) in relation to the provisions of the Services and to ensure that our respective personnel comply with any health and safety instructions which either of us give to the other.

We agree to:

  1. Adhere to any hazard or risk controls you notify to us;

  2. Report any accidents or incidents to you;

  3. Supply you with information about our health and safety plan on request.

You agree:

  1. To meet with us when reasonably required by us to advise us of any particular hazard or risk that we may not be aware of or familiar with and to discuss health and safety issues; and

  2. If requested by us to provide us with details of your health and safety plan and any hazards associated with the Premises.

 

5. Cancellation Policy

We assess a 50% cancellation fee for Services bookings not cancelled within 24 hours before the Services booking, unless otherwise advised by D&C Waterwash. This applies to Services bookings of all natures (one off, recurring and any other bookings undertaken via our website or any other third-party application).

 

6. Damages

Our staff will conduct themselves professionally whilst in or around your home. In the rare event that accidental damage occurs, you will need to notify our customer care team within 48 hours of the Service completion. This can be done either by email (info@dcwaterwash.co.nz) or by phone (021 29 000 49). You will be required to provide a photo and estimate of the damages. We cannot guarantee reimbursement for damages that do not comply with this clause.

 

Except in emergencies (e.g., a leaking toilet), you must not undertake the replacement or repair of the damage for which you are seeking reimbursement. D&C Waterwash reserves the right to contract suitable professionals to repair damages and will make payment arrangements directly with its contractors to settle any damage repair.

 

7. Disputes and Resolutions Procedure

D&C Waterwash will use reasonable effort to mitigate any disputes concerning the use of the website and disputes in relation to the Services carried out by us.

 

Any issues with our Services not relating to accidental damage claims must be reported to our customer care team within 24 hours. You will be required to provide photos of the unsatisfactory services within 24 hours of the completion of the service.

 

D&C Waterwash needs up to 5 business days to provide the resolution of the dispute. This will be in the form of either a free second revisit for the services or partial refund. Please email all disputes and photos to info@dcwaterwash.co.nz.

 

8.1 Payment Process

You agree that at the time of booking, your payment details will be transferred (where this option is selected by you) to D&C Waterwash’s secure payment gateway. D&C Waterwash may check the availability of funds on your nominated payment method to ensure enough funds are available.

 

Upon the successful completion of your Service, you agree to the automatic debit of the amount payable to your nominated payment method. You must ensure that enough funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.

 

On receipt of the amount payable, D&C Waterwash will hold the payment amount until such time as they are remitted to D&C Waterwash, refunded to you (if you are entitled to a refund) or transferred to D&C Waterwash in payment of our fees and charges.

 

D&C Waterwash will issue you with an invoice receipt. Your payments to D&C Waterwash are processed via an overseas gateway (Stripe). From time to time, financial institutions or payment providers may charge an additional fee for transacting with D&C Waterwash. If this occurs, the D&C Waterwash customer care team will, at your request, arrange a refund for this fee.

In the event that you choose to pay via bank transfer, you agree that the funds will be paid into our nominated bank account and cleared within seven (7) days.

 

In addition to this, you also agree to the following:

  1. Unless otherwise agreed in writing, you must pay us in cleared funds by five (5) days of the date of our invoice;

  2. If we require you to pay a deposit this must be paid immediately on acceptance of our quote and is non-refundable if you cancel the Services other than with agreement in writing or as a result of a material breach by us;

  3. Payment of any amounts owed to us must be free of any counterclaim, debt-off, deduction of any other claim whatsoever;

  4. If in our opinion your credit worthiness deteriorates before completion of the performance of our Services, we may require full or partial payment at any time of the provision of security in a form acceptable to us. If such payment or security is not provided, we may cease supplying the Services.

 

8.2 Payment Security

We have taken all practical steps from both a technical and systems perspective to ensure that all your information is well protected. A secure payment gateway is used to process all transactions and credit card details. D&C Waterwash does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

 

9. Pricing and Discounts

Unless otherwise stated, all prices displayed on our website are exclusive of GST.

 

D&C Waterwash may amend the pricing and discounts of its Services (“Pricing or Discount Change”) in its sole discretion at any time. Any Pricing or Discount Change will become effective immediately, unless stated otherwise.

 

Services booked before the time of the Pricing or Discount Change (“Existing Services”) will retain the original pricing if no modifications are made to the Existing Services. Any modifications to the Existing Services will void the original pricing of the Existing Services and the price of the Existing Services will be subjected to the Pricing or Discount Change.

 

In the case that Existing Services are not modified but are nonetheless subject to a Pricing or Discount Change, D&C Waterwash will send an email advising the customer of the Pricing or Discount Change. Failure to receive, save or print an email announcing the Pricing or Discount Change will not invalidate that Pricing or Discount Change.

 

Your continued use of the Services after the Pricing or Discount Change constitutes your agreement to pay the price modified by the Pricing or Discount Change. Our prices are transparent and available for you to view before booking your services.

 

An additional surcharge applies to Services completed on public holiday dates.

 

10. Quotes

These Terms apply to any quote we give you.

Any quote we provide to you via our website or over the phone is based strictly on the information you have provided to us. If we visit the building/s where the Services are to be provided (“the Premises”) and believe (acting reasonably) that any information you provided to us is incorrect and/or incomplete, we are entitled to charge you extra for the additional Services we need to perform as a result.

Any changes to the quantities, conditions, measurements or specifications or nature of the Services require subsequent to any quote provided by us or an inaccuracies or misstatements or omissions in the information provided to us, shall constitute a variation to our quote and shall be charged to you separately.

Any quote issued by us is valid for 7 days from the issued date.

11. Your Obligations and Risk

You must strictly comply with any instructions, directions, and any cautions and/or warnings or aftercare instructions (“our instructions”) we provide you in respect of the service.

You agree:

  1. To let us know about any areas of the buildings which will be chemical washed/washed, treated or cleared (“the Premises”) which we will need to be aware of or avoid when performing the Services. For instance, electrical areas, and areas prone to leaking and also if you have ever undertaken any other treatments on your premises. For instance, insect, ant, spider spraying or any other products applied/sprayed on the premises where the Service is being provided.

  2. We will not be liable for any loss or damage that occurs as a result of others’ failure to undertake or perform their responsibilities with care and due diligence or faulty products or damaged products. For instance, electrical fittings that are not watertight or have not been installed appropriately, aluminium joinery with faulty or damaged powder coating or any other chemical/product or spray that has been used on the premises which could react with the Services provided to you.

  3. We will not be held liable for loss and damage of items or goods that have been left out or not disconnected and can be exposed to the service being undertaken. For instance, water tanks that have not been disconnected from the roof catchment or vehicles parked within the premises.

  4. If you want us to wash behind any items which are adjacent to the exterior of the Premises, you will ensure that all such items (for instance, large pot plants and spa pools) are moved to enable us sufficient room to perform the Services. If you want us to move these items, a $50.00 moving fee will apply.

  5. You must ensure that we have adequate access to and from the Premises in order to perform the Services. You agree to provide us with information about any period during which access to the Premises is restricted or prohibited and details of any areas of the Premises which are secured or locked and special access is required and you agree to ensure that we are provided with access to such areas.

  6. We will not be liable for any direct or indirect damage, economic loss of any kind or any other loss or expenses caused by or contributed by your failure to comply with our instructions or the requirements of the clauses 8.1 to 8.5 and these Terms and Conditions.

  7. You will still be liable for the price payable for the Services if we are unable to perform the Services due to circumstances within your control and your failure to comply with clauses 8.1 to 8.5 of these Terms and Conditions.

 

12. Limitation of Liability

We will take all reasonable care in performance of the Services, however, if we become liable to you, for any reason, for any loss, damage, harm or injury in any way connected with the supply of the Services, our liability shall be limited to a sum not exceeding the price payable by you for the Services.

To the extent permitted under law, we will not be liable to you for any consequential loss of whatever nature suffered by you or any other person injured and indemnify us in respect of any claims concerning any such loss.

All claims must be made in writing to info@dcwaterwash.co.nz and are subject to verification or acceptance by us. No claim for any loss, damage or injury arising out of the supply of the Services by us, may be brought more than one month after the date you become aware or reasonably ought to have been aware of the circumstances giving rise to the claim.

 

13. Indemnity

You will indemnify us for any physical, direct and indirect damage, economic loss or other loss or cost or expenses (including debt recovery and/ or legal expenses on a solicitor and client basis) and will fully indemnify us against any claims or proceedings against us to the extent caused or contributed by you (or any or your agents or employees) or arising from a breach of these Terms.

 

14. Termination

If any of the events set out above or in the below clauses occur, we may, without prejudice to and in addition to any other rights or remedies we may have, exercise all or any of the following rights:

  1. Delay the performance of the Services until the matter is resolved to our satisfaction;

  2. Suspend or cancel in whole or in part these Terms or any other contract between us by written notice to you;

  3. Recover from you all amounts for any damage, losses, cost or expenses including actual legal costs and expenses arising from our default or non-payment;

  4. Charge, and you must pay, default interest at the rate of 22% per annum (calculated on a daily basis) until all amounts owed to us are paid in full including actual legal costs and other costs (including debt collection costs) and expenses incurred by or on behalf of us in enforcing or defending all or any of our rights (including our right to payment for any Services performed;

  5. By notice to you, require that all amounts owed to us, whether due or not, are paid immediately.

This clause relates to events such as:

  1. Breach of your obligations (including payment obligations) under these Terms or any other contract with us;

  2. You entering into any negotiations for any scheme of arrangement, composition or compromise with your creditors;

  3. You, in our sole opinion, being unable to pay your debts (including contingent liabilities) as they fall due;

  4. You passing any resolution to liquidate or becoming the subject of any liquidation proceedings;

  5. A receiver or a receiver or manager appointed over the whole or part of your property or undertaking; or

  6. You become bankrupt or commit and act of bankruptcy.

 

15. Consumer Guarantees Act 1993

You agree that if the Services are performed for the purposes of the business and the Consumer Guarantees Act 1993 and sections 9, 12A, 13 or 14(1) of the Fair Trading Act 1986 will not apply.

 

16. Warranties

All statutory, express or implied warranties by us including without limitation the implied warranties of merchant ability and fitness for any particular purpose are expressly excluded (to the extent permitted by law).

 

17. Privacy Information

Please refer to our Privacy Policy for further information.

 

18. Unsolicited Electronic Messages Act 2007

You consent to us sending you commercial emails from time to time unless you inform us otherwise by letter or email. The email address for unsubscribing to commercial emails is info@dcwaterwash.co.nz.

 

19. General

You agree that these Terms and any quote we provide to you:

  1. You agree that time is of the essence in respect of your obligations to us.

  2. We will not be prevented from enforcing any of our rights under this agreement because on an earlier occasion we did not enforce those rights.

  3. All notices to be given pursuant to this agreement will be given in accordance with sections 185 to 189 of the Personal Properties Securities Act 1999.

  4. While you are not entitled to assign your rights under these Terms  we may.

  5. You agree that we may issue any proceedings in respect of these Terms in any court that suits us. The law that governs these terms is New Zealand law.

  6. Any provision of these Terms that is held to be invalid or unenforceable for any reason shall be severed from and shall not affect the remaining provisions of these terms.

  7. You agree that these Terms and any estimate or quote we provide to you constitutes the entire understanding between us and that there have been no representations made by or on behalf of us that have been relied upon by you that are not contained in terms.

 

20. Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

21. Contact Information

Questions about the Terms and Conditions should be sent to us at info@dcwaterwash.co.nz.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Still have questions? Contact us today to see how we can help.

Call us on 021 29 000 49.