MiHT HOME ENERGY CARE
Terms and Conditions of Sale
IMPORTANT: These Terms and Conditions govern your purchase and use of services provided by MiHT Home Energy Care. By booking or purchasing any service from us, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires:
“MiHT”, “we”, “our”, or “us” means MiHT Home Energy Care, its owners, employees, contractors, and agents.
“Customer”, “you”, or “your” means the person, company, or entity purchasing services from MiHT.
“Services” means any cleaning, maintenance, assessment, or care services provided by MiHT for home energy systems, including (but not limited to) heat pumps, ventilation systems, and solar panels.
“Home Energy System” means the collection of installed equipment that heats, cools, ventilates, and powers a home, including heat pumps, ventilation systems, solar panels, and the connections and controls that link them.
“Booking” means a confirmed appointment for MiHT to provide Services, whether made through our online booking platform, by email, by phone, or any other method.
“Annual Care Plan” means a recurring subscription service agreement between MiHT and the Customer for scheduled maintenance over a 12-month period.
“Website” means the MiHT Home Energy Care website and any associated online platforms.
2. Application of These Terms
2.1 These Terms and Conditions apply to all Services provided by MiHT Home Energy Care to Customers in New Zealand.
2.2 By making a Booking, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
2.3 These Terms and Conditions may be updated from time to time. The most current version will always be available on our Website. Continued use of our Services after any changes constitutes acceptance of the updated Terms.
2.4 If there is any conflict between these Terms and Conditions and any specific written agreement between MiHT and the Customer, the specific written agreement will prevail to the extent of the inconsistency.
3. Consumer Guarantees Act 1993
3.1 Nothing in these Terms and Conditions is intended to limit or exclude any rights or remedies you may have under the Consumer Guarantees Act 1993 (CGA), the Fair Trading Act 1986, or any other applicable New Zealand legislation that cannot be lawfully excluded.
3.2 Where you are acquiring Services for business purposes (and not for personal, domestic, or household use), you agree that the Consumer Guarantees Act 1993 does not apply to the supply of those Services, to the fullest extent permitted by law.
3.3 MiHT guarantees that all Services will be carried out with reasonable care and skill, will be fit for the particular purpose made known by the Customer, and will be completed within a reasonable time (where no specific time is agreed).
4. Our Services
4.1 MiHT provides specialist cleaning, maintenance, and care services for home energy systems. Our Services include, but are not limited to:
(a) Heat pump cleaning and maintenance (split systems and ducted systems);
(b) Ventilation system servicing (positive pressure, balanced, HRV, bathroom extraction fans, and kitchen range hoods);
(c) Solar panel cleaning and maintenance; and
(d) Home Energy System assessments and reports.
4.2 MiHT provides maintenance and care services only. We do not perform mechanical repairs, electrical work, refrigerant handling, or installation of new systems. Where we identify issues outside our scope of service, we will advise you accordingly and, where appropriate, recommend you engage a suitably qualified specialist.
4.3 MiHT is brand agnostic. We service all makes and models of home energy system equipment and are not affiliated with any particular manufacturer or installer.
4.4 All Services are delivered in accordance with the MiHT Care System, our proprietary five-stage service protocol (Assess, Diagnose, Treat, Report, Schedule).
5. Bookings and Appointments
5.1 Bookings can be made through our online booking platform, by email, by phone, or through any other method we make available.
5.2 A Booking is confirmed once you receive written confirmation from MiHT (including automated email or platform confirmation). Until confirmation is received, no binding agreement exists.
5.3 You must provide accurate information when making a Booking, including your name, contact details, service address, and details of the systems to be serviced. Failure to provide accurate information may result in delays, additional charges, or cancellation of your Booking.
5.4 MiHT reserves the right to decline or cancel a Booking at our reasonable discretion, including where we consider the work to be unsafe, outside our scope of service, or where we are unable to service the specified location.
6. Access and Site Requirements
6.1 You must ensure that our technicians have safe, clear, and unobstructed access to all systems and equipment to be serviced at the scheduled appointment time.
6.2 You are responsible for ensuring that a person aged 18 years or older is present at the property during the service, or that suitable arrangements have been made for access (e.g. lockbox, building manager, or key holder).
6.3 You must inform MiHT prior to the appointment of any known hazards, access restrictions, pets, or other conditions at the property that may affect the safe delivery of Services.
6.4 If our technicians are unable to safely access the systems or the property, or if conditions at the site are materially different from what was described at the time of Booking, MiHT may:
(a) Reschedulle the appointment at no additional charge (where the issue is minor and easily resolved); or
(b) Charge a call-out fee as set out in clause 7 (where the technician has attended and the service cannot proceed).
7. Pricing and Payment
7.1 All prices are quoted in New Zealand Dollars (NZD) and are inclusive of GST (Goods and Services Tax) unless stated otherwise.
7.2 The price for Services will be as quoted at the time of Booking or as listed on our Website or booking platform. MiHT reserves the right to adjust pricing at any time, but any price change will not affect Bookings already confirmed.
7.3 Payment is due at the time of service or upon receipt of invoice, unless alternative payment terms have been agreed in writing.
7.4 We accept payment by credit card, debit card, bank transfer, and any other methods made available through our booking platform.
7.5 If payment is not received within 14 days of the invoice date, MiHT reserves the right to:
(a) Charge interest on overdue amounts at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower), calculated daily from the due date until payment is received in full;
(b) Suspend or cancel any future Bookings or Annual Care Plan services until all outstanding amounts are paid; and
(c) Recover all reasonable costs of debt collection, including legal fees.
7.6 If MiHT identifies additional work during a service visit that was not included in the original Booking, we will inform you of the additional work and its cost before proceeding. No additional work will be carried out without your prior agreement.
8. Cancellations and Rescheduling
8.1 You may cancel or reschedule a Booking at no charge by providing at least 24 hours’ notice prior to the scheduled appointment time.
8.2 If you cancel or reschedule with less than 24 hours’ notice, or fail to provide access at the scheduled time, a cancellation fee of up to $75.00 (incl. GST) may be charged to cover our operational costs.
8.3 MiHT may need to reschedule a Booking due to weather conditions, staff illness, or other circumstances beyond our reasonable control. In such cases, we will provide as much notice as reasonably possible and reschedule at a mutually convenient time at no additional cost.
8.4 If MiHT cancels a Booking and is unable to reschedule within a reasonable timeframe, you will receive a full refund of any amounts already paid for that Booking.
9. Annual Care Plans
9.1 Annual Care Plans are subscription agreements for scheduled maintenance over a 12-month period, commencing from the date of your first service under the plan.
9.2 The specific inclusions, service frequency, and pricing for each Annual Care Plan tier are as described on our Website or in the plan documentation provided to you at the time of sign-up.
9.3 Annual Care Plans may be paid in full upfront or in instalments (where offered). Where payment is by instalment, the payment terms will be as set out in the plan documentation.
9.4 You may cancel your Annual Care Plan at any time by giving 30 days’ written notice. If you cancel before the plan term expires:
(a) If you have received fewer services than you have paid for, a pro-rata refund will be calculated based on the number of scheduled services remaining, less any applicable early termination fee (if disclosed at sign-up).
(b) If you have received more services than the pro-rata value of payments made, you may be invoiced for the difference at the applicable single-service rate.
9.5 MiHT will provide reasonable notice of any changes to Annual Care Plan pricing. Price increases will take effect at the commencement of your next plan term and will not apply mid-term.
9.6 Annual Care Plans will automatically renew at the end of each 12-month term unless you give 30 days’ written notice of non-renewal prior to the renewal date. We will send a renewal reminder at least 14 days before your renewal date.
10. Property Manager and Portfolio Accounts
10.1 Property managers and landlords engaging MiHT Services for rental properties or property portfolios may be offered specific pricing and terms as outlined in a separate written agreement.
10.2 Where Services are provided to a rental property, the party who places the Booking is responsible for payment unless otherwise agreed in writing.
10.3 Property managers are responsible for ensuring tenant access and cooperation for scheduled service appointments.
11. Limitation of Liability
11.1 Subject to clause 3 (Consumer Guarantees Act), MiHT’s total liability to you in connection with any Services (whether arising in contract, tort, negligence, or otherwise) is limited to the price paid by you for those specific Services.
11.2 To the maximum extent permitted by law, MiHT is not liable for:
(a) Any indirect, consequential, special, or incidental loss or damage (including loss of profit, loss of revenue, loss of data, or business interruption);
(b) Any loss or damage arising from pre-existing defects, faults, or conditions in your home energy system equipment that were present before our Services were performed;
(c) Any loss or damage arising from your failure to follow recommendations or advice provided by MiHT in our service reports;
(d) Any loss or damage resulting from the actions or omissions of third parties, including other tradespeople, installers, or manufacturers; or
(e) Damage to equipment that is in poor condition, is improperly installed, or is beyond its expected service life, where our technician has exercised reasonable care during the service.
11.3 MiHT will not be liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including natural disasters, pandemics, government restrictions, severe weather, power failures, or supply chain disruptions (Force Majeure).
12. Scope of Service – Care, Not Repair
12.1 MiHT is a specialist maintenance and care provider. We do not hold ourselves out as mechanical engineers, electricians, or refrigeration technicians, and we do not perform work that requires those qualifications.
12.2 Where our technicians identify issues during a service that require repair, replacement, or specialist attention, we will document these in your service report and recommend you engage an appropriately qualified professional.
12.3 MiHT accepts no liability for the condition or performance of your systems beyond the specific maintenance and cleaning work we perform. Our Services are designed to maintain and care for your home energy systems – they are not a substitute for professional repair or installation services.
12.4 Any triage classifications, findings, or recommendations in our service reports are provided as guidance based on our assessment at the time of service. They do not constitute engineering advice, electrical certification, or a warranty of system condition.
13. Your Responsibilities
13.1 You are responsible for:
(a) Ensuring your home energy system equipment is safe and accessible for servicing;
(b) Disclosing any known faults, damage, or safety concerns with your equipment before the service;
(c) Maintaining your systems between MiHT service visits in accordance with manufacturer recommendations;
(d) Acting on “Refer” recommendations in our service reports by engaging appropriately qualified professionals; and
(e) Providing accurate contact and property information when making Bookings.
14. Intellectual Property
14.1 All content on our Website, service reports, marketing materials, and documentation (including the MiHT Care System, Home Energy Rating methodology, triage classifications, and any proprietary frameworks) is the intellectual property of MiHT IP Limited and is protected by applicable copyright and intellectual property laws.
14.2 You may not reproduce, distribute, modify, or use any of our intellectual property without our prior written consent, except for personal use of your own service reports.
15. Privacy and Personal Information
15.1 MiHT collects, holds, uses, and discloses personal information in accordance with the Privacy Act 2020 (NZ) and the Information Privacy Principles.
15.2 We collect personal information (including your name, email address, phone number, physical address, and details of your home energy systems) for the purpose of:
(a) Providing and scheduling our Services;
(b) Communicating with you about your Bookings, service reports, and account;
(c) Processing payments;
(d) Sending you reminders about upcoming maintenance and service scheduling;
(e) Improving our Services and customer experience; and
(f) Marketing communications (which you may opt out of at any time).
15.3 We will not sell your personal information to third parties. We may share your information with trusted service providers who assist us in operating our business (such as our booking platform, payment processors, and email service providers), subject to appropriate privacy safeguards.
15.4 You have the right to access and request correction of any personal information we hold about you, in accordance with the Privacy Act 2020. To make a request, please contact us using the details in clause 20.
15.5 For full details of how we handle your personal information, please refer to our Privacy Policy available on our Website.
16. Service Reports and Data
16.1 MiHT will provide you with a service report following each service visit, documenting findings, work completed, and any recommendations. The scope of the report will depend on the service tier (single service or Annual Care Plan).
16.2 Service reports include photographs taken during the service. By accepting these Terms, you consent to MiHT technicians taking photographs of your home energy system equipment for the purposes of documentation, reporting, and service quality.
16.3 MiHT may use anonymised and aggregated data from service visits for research, reporting, and publication purposes (such as regional home energy health insights). No personally identifiable information will be included in any published data without your explicit consent.
17. Health and Safety
17.1 MiHT is committed to the health and safety of our technicians, our Customers, and anyone else who may be affected by our work, in compliance with the Health and Safety at Work Act 2015.
17.2 Our technicians reserve the right to stop work and leave a site if they consider conditions to be unsafe. In such cases, MiHT will work with you to resolve any safety concerns before rescheduling the service.
17.3 You must not direct or instruct our technicians to perform work in a manner that would be unsafe or outside the scope of our Services.
18. Complaints and Disputes
18.1 If you are not satisfied with any aspect of our Services, please contact us as soon as possible so we can work to resolve your concerns. We are committed to resolving complaints promptly and fairly.
18.2 If we are unable to resolve a complaint directly, either party may refer the dispute to the Disputes Tribunal of New Zealand (for claims within its jurisdiction) or to the District Court.
18.3 Nothing in this clause limits your rights to take any other action available to you under New Zealand law.
19. General
19.1 Governing Law: These Terms and Conditions are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
19.2 Severability: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
19.3 Entire Agreement: These Terms and Conditions, together with any Booking confirmation and any applicable Annual Care Plan documentation, constitute the entire agreement between you and MiHT in relation to the Services.
19.4 Waiver: A failure by MiHT to exercise or enforce any right under these Terms does not constitute a waiver of that right.
19.5 Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. MiHT may assign its rights and obligations to a successor business or related entity.
19.6 Notices: Any notice required under these Terms may be given by email to the email address provided by the relevant party, and will be deemed received on the date of transmission (if sent during business hours) or the next business day.
20. Contact Us
If you have any questions about these Terms and Conditions, or wish to make a complaint, please contact us:
MiHT Home Energy Care
0212396070
service@miht.co.nz
www.miht.co.nz