For bookings fulfilled by independently owned Kitset franchise businesses

IMPORTANT:  Your service contract is with the independently owned Service Provider —not with Kitset Assembly Services NZ Limited. Please read clauses 1 and 2 carefully.

Effective: 01 September 2026

These Terms apply to consumer services provided in New Zealand.

1. Parties and definitions

1.1  Customer means the person who requests, accepts or purchases the Services (you or your).

1.2  Franchisor means Kitset Assembly Services NZ Limited (NZBN 9429045945021).

1.3  Platform means the Kitset-branded booking, quoting, communication and business-management systems made available by the Franchisor.

1.4  Service Provider means the independently owned Kitset franchise business. The Service Provider may trade using the Kitset Assembly Services brand in its licensed territory.

1.5  Booking Request means information submitted by or for you through the Platform requesting possible services. A Booking Request is not an accepted booking or a contract for Services.

1.6  Booking Acceptance means the written confirmation issued in the Service Provider’s legal name confirming that it accepts the booking, the scope of Services, the Price and any special requirements.

1.7  Services means the assembly, installation, disassembly, relocation, delivery, packaging removal or other work expressly accepted by the Service Provider in the Booking Acceptance.

1.8  Price means the amount stated or calculated under the Booking Acceptance, including any agreed variations and applicable GST.

1.9  Agreement means the Booking Acceptance, these Terms and any agreed written variation, read together.

2. Contracting arrangement and role of the Franchisor

2.1  Independent Service Provider. The Service Provider is an independently owned and operated business licensed to use the Kitset brand and Platform. It is not a branch, employee, partner, subsidiary or legal representative of the Franchisor.

2.2  No contract with Franchisor. Your contract for the Services is exclusively with the Service Provider. The Franchisor does not supply, undertake, warrant or invoice the Services and is not a party to the service contract.

2.3  No acceptance by Franchisor. The Franchisor may receive and transmit a Booking Request, generate indicative pricing or assist with scheduling. It does not accept the Booking Request as principal or as agent for a Service Provider, and those administrative actions do not create a contract for Services.

2.4  Provider acceptance required. The Agreement is formed only when:

(a)  the Service Provider identifies itself;

(b)  the Service Provider issues a Booking Acceptance; and

(c)  you accept the Booking Acceptance, including by clicking an acceptance button, replying with acceptance, paying a required deposit or permitting the Services to begin after receiving it.

2.5  Franchisor activities. The Franchisor provides the brand, Platform, marketing, systems and administrative support to franchise businesses. It does not take possession or control of products handled by a Service Provider, employ the personnel performing the Services, or control day-to-day decisions at the service site.

2.6  No authority to bind Franchisor. The Service Provider has no authority to enter into a contract, make a representation, assume an obligation or incur liability on behalf of the Franchisor unless the Franchisor has expressly authorised that act in writing for the particular matter.

2.7  Administrative assistance. The Franchisor may assist with communications or forward a complaint to the Service Provider. Such assistance does not make the Franchisor the supplier, carrier or contracting carrier, and does not amount to an admission of responsibility.

2.8  Mandatory rights preserved. Nothing in these Terms excludes or limits any liability of the Franchisor or Service Provider that cannot lawfully be excluded or limited.

3. Scope and performance of the Services

3.1  The Service Provider will provide only the Services described in the Booking Acceptance, together with any variation agreed under clause 3.5.

3.2  The Service Provider will perform the Services with reasonable care and skill, comply with applicable law, and use tools and equipment reasonably appropriate for the accepted scope and the information supplied before attendance.

3.3  Before beginning, the Service Provider may visually inspect the product, work area and access route. The Service Provider may record pre-existing damage by notes or photographs and may ask you to acknowledge it.

3.4  Service dates and times are estimates unless expressly guaranteed in the Booking Acceptance. The Service Provider will use reasonable efforts to attend within the agreed window and will advise you of material delay.

3.5  A variation to the scope, Price, personnel, materials, access requirements or timing must be agreed between you and the Service Provider. Agreement may be recorded in writing, through the Platform, or verbally at the site and confirmed in the job record.

3.6  The Service Provider may decline or pause work if it reasonably considers the site, access, product, instructions, weather or available assistance unsafe or materially different from the information supplied when quoting.

3.7  Packaging will be removed only where packaging removal is included in the Booking Acceptance. This service is limited to packaging associated with products assembled during that booking.

4. Customer responsibilities

4.1  You must provide accurate and complete information about the product, site, access, stairs, parking, travel distance, anchoring requirements, required completion time and any unusual weight, size or safety issue.

4.2  You must ensure that the product, all parts, fixings, instruction sheets and manuals are complete, accessible and together at the service location.

4.3  You must provide a clear, dry and reasonably safe work area and access route, normally with at least 0.5 metres of clear access around the product unless otherwise agreed.

4.4  You must keep children, pets and other persons away from the work area and follow reasonable safety directions given by the Service Provider.

4.5  If a product requires anchoring, you must provide the manufacturer’s instructions and identify concealed services and suitable fixing locations. The Service Provider may refuse a requested anchoring method that differs from manufacturer instructions or appears unsafe.

4.6  You are responsible for obtaining any building consent, landlord or body corporate approval, property-owner consent or other authority required for the Services, and for confirming that it has been obtained.

4.7  If the Booking Acceptance states that you will provide an able-bodied second person or other assistance, you must ensure that person is available and capable of following directions. The Service Provider may postpone or vary the work if the agreed assistance is unavailable or unsuitable.

4.8  You must not instruct any person to perform work in a manner that is unlawful or unsafe. You remain responsible for loss caused by inaccurate information, undisclosed hazards, or your failure to follow reasonable instructions, to the extent permitted by law.

5. Products, faults and pre-existing damage

5.1  The Service Provider supplies the Services independently of the retailer or manufacturer from whom you obtained the product, unless the Booking Acceptance expressly states otherwise.

5.2  Product defects, missing parts and warranty issues relating to the product itself remain matters for the retailer or manufacturer. The Service Provider may describe an observed issue but does not determine the retailer’s or manufacturer’s liability.

5.3  If the Service Provider cannot proceed because the product is faulty, incomplete, unsafe, inaccessible or materially different from its description, it may charge the reasonable amount stated in the Booking Acceptance for attendance and work already performed. Any further charge must reflect the circumstances and your rights under applicable law.

5.4  Some products may sustain minor marking inherent in reasonable assembly, movement or installation. This does not excuse a failure to exercise reasonable care and skill. The nature of the product, site and agreed method will be considered when assessing whether any marking is unreasonable.

6. Price, invoicing and payment

6.1  Any estimate issued before the Service Provider’s Booking Acceptance is indicative only. The Service Provider will confirm the Price in the Booking Acceptance, subject to agreed variations and information that could not reasonably have been identified earlier.

6.2  The Service Provider may require a deposit, prepayment or payment on completion as stated in the Booking Acceptance or invoice.

6.3  The invoice will be issued in the Service Provider’s legal name and will identify its NZBN and payment details. Amounts owing for the Services are owed to the Service Provider, not the Franchisor.

6.4  The Platform may process or facilitate payment as a disclosed administrative service for the Service Provider. Payment processing does not make the Franchisor the supplier of the Services.

6.5  You must raise a genuine invoice query promptly and pay any undisputed amount by the due date.

6.6  For overdue undisputed amounts, the Service Provider may charge reasonable debt-recovery costs actually incurred and interest specified in the Booking Acceptance, provided those charges are lawful, proportionate and fairly disclosed before the Agreement is formed.

7. Cancellation, postponement and access

7.1  You may cancel or change a booking by contacting the Service Provider. Unless the Booking Acceptance states a different lawful amount, less than 48 hours’ notice may result in a cancellation fee of up to $99, limited to the Service Provider’s reasonable loss caused by the late cancellation.

7.2  No cancellation fee applies to the extent the cancellation results from the Service Provider’s breach, an unsafe condition not caused by you, or where charging the fee would be unlawful.

7.3  If parking, access, stairs, product weight, site condition or required personnel materially differ from the information supplied, the Service Provider may reasonably vary the Price, method or timing, or postpone the Services after discussing the available options with you.

7.4  If the Service Provider postpones for reasons within its control, it will offer a reasonable alternative time. Your rights under the Consumer Guarantees Act 1993 are not affected.

8. Delivery, relocation and carriage of goods

8.1  Where the Booking Acceptance includes delivery or relocation, the Service Provider identified in that acceptance enters the contract of carriage in its own name and is the contracting carrier. The Franchisor does not enter the contract of carriage as principal or agent.

8.2  The Service Provider is responsible for the product while it has responsibility for it under the Contract and Commercial Law Act 2017 and the agreed terms of carriage.

8.3  The applicable risk arrangement and any declared value must be stated in the Booking Acceptance and must comply with the Contract and Commercial Law Act 2017. If no alternative lawful arrangement is agreed, the statutory default applies.

8.4  You must accurately disclose the nature, dimensions, weight, condition and value of goods, any fragile or sensitive component, and access conditions at both locations.

8.5  Where you agree to assist with lifting or handling, you must follow the Service Provider’s reasonable instructions. Responsibility for any loss will be determined according to its proven cause and applicable law; your participation does not automatically remove the Service Provider’s obligations.

9. Completion, complaints and remedies

9.1  Where reasonably practicable, you and the Service Provider should inspect the product and work area at completion and record any concern in the job record.

9.2  You should notify the Service Provider promptly after discovering possible damage, incomplete work or poor workmanship and provide reasonable information, photographs and access needed to investigate. A request for prompt notice does not reduce any longer right you have under applicable law.

9.3  The Service Provider must be given a reasonable opportunity to inspect and, where the Consumer Guarantees Act permits, remedy a problem within a reasonable time. You need not allow a person who lacks the required qualification or authorisation to undertake specialist repair work.

9.4  The Service Provider may refer an insured claim to its insurer. You agree to provide reasonable evidence requested to assess the claim, including evidence of pre-loss condition, causation and reasonable repair cost, where available.

9.5  Complaints should be directed first to the Service Provider identified in the Booking Acceptance. The Franchisor may facilitate communication but does not assume the Service Provider’s contractual obligations by doing so.

10. Consumer rights and liability

10.1  Nothing in the Agreement excludes, restricts or modifies the Consumer Guarantees Act 1993, Fair Trading Act 1986, Contract and Commercial Law Act 2017 or any other right or remedy that cannot lawfully be excluded, restricted or modified.

10.2  The Service Provider is responsible for direct loss or damage proved to have been caused by its breach of the Agreement, negligence or failure to comply with a non-excludable statutory obligation.

10.3  The Service Provider is not responsible for loss caused by:

(a)  a pre-existing defect, normal wear and tear, faulty or incomplete product, or manufacturer or retailer issue;

(b)  inaccurate or incomplete information supplied by you;

(c)  your act or omission, or that of another person not under the Service Provider’s control;

(d)  work, adjustment or repair performed by another person after completion; or

(e)  an event outside the Service Provider’s reasonable control, except to the extent applicable law provides otherwise.

10.4  To the extent permitted by law, neither party is liable for remote or unforeseeable loss. This does not exclude reasonably foreseeable consequential loss recoverable under the Consumer Guarantees Act or other applicable law.

10.5  For carriage of goods, the Service Provider may rely on applicable statutory limits, exclusions and notice requirements under the Contract and Commercial Law Act 2017. No contractual cap applies where it would unlawfully restrict a consumer’s rights or where legislation provides otherwise.

10.6  Any liability of the Franchisor will be determined by its own proven acts or omissions and applicable law. The Franchisor does not accept liability merely because a Service Provider uses the Kitset brand or Platform.

11. Privacy and communications

11.1  The Franchisor and Service Provider may each collect and use personal information for booking administration, service delivery, payment, safety, complaints, insurance, quality assurance and legal compliance.

11.2  Information may be shared between them, and with payment processors, insurers, retailers or professional advisers, where reasonably necessary for those purposes and in accordance with the Privacy Act 2020 and applicable privacy notices.

11.3  You agree that booking confirmations, variations, invoices and notices may be sent electronically to the contact details you provide. You must advise the Service Provider if those details change.

12. General terms

12.1  Entire agreement. The Agreement records the terms relating to the Services. It does not exclude liability for misleading conduct or prevent reliance on a representation that cannot lawfully be excluded.

12.2  Changes. The terms applying to a booking are the version provided or linked before you accepted that booking. Later changes do not retrospectively alter an existing Agreement unless you and the Service Provider agree.

12.3  Severability. If any provision is unlawful or unenforceable, it is modified to the minimum extent necessary or severed, without affecting the remaining provisions.

12.4  No waiver. A failure or delay in exercising a right does not waive that right.

12.5  Assignment. You may not transfer the Agreement without the Service Provider’s consent. The Service Provider may not transfer its obligations in a way that materially reduces your rights without your consent, except as permitted by law.

12.6  Governing law. New Zealand law governs the Agreement. You and the Service Provider may use the Disputes Tribunal or New Zealand courts and tribunals that have jurisdiction.