Terms & Conditions

1. Our Services

Mudgway Flooring provides professional flooring installation, supply, and finishing services in Hamilton and the wider Waikato region. Services include, but are not limited to:

• Tile and stone installation (ceramic, porcelain, natural stone)
• Vinyl and luxury vinyl plank (LVP) installation
• Carpet supply and installation
• Floor sanding and finishing
• Wet area waterproofing (Mapei Authorised Applicator)

All work is carried out by James Mudgway personally. We do not subcontract labour without your prior knowledge and agreement.

2. Quotes and Estimates

All quotes provided by Mudgway Flooring are based on information available at the time of the site visit or enquiry. A quote is a fixed-price offer unless stated otherwise.

• Quotes are valid for 30 days from the date issued, unless otherwise stated
• A quote does not constitute a contract until accepted in writing (email is acceptable) by both parties
• If the scope of work changes after a quote has been accepted, we will notify you and provide a revised quote or variation before proceeding
• Estimates (where provided instead of fixed quotes) are indicative only and may vary based on actual site conditions

3. Acceptance and Booking

A job is confirmed when you accept a quote in writing and we confirm a start date. We may require a deposit before commencing work on larger jobs, as specified in the quote. The deposit amount and conditions will be clearly stated in your quote.

We will do our best to start and complete work within the agreed timeframe. We are not liable for delays caused by factors outside our control, including but not limited to supplier delays, weather, or unforeseen site conditions.

4. Client Responsibilities

To allow us to complete work to the best possible standard, you agree to:

• Provide clear and safe access to the work area at the agreed start time
• Ensure the work area is cleared of furniture, personal belongings, and hazards before our arrival, unless a furniture-moving service has been expressly agreed
• Ensure the subfloor is structurally sound and within acceptable moisture and levelness tolerances (we will advise you of requirements at the quoting stage)
• Ensure adequate heating is available in the work area if required for the flooring product being installed
• Advise us of any known hazards, including the presence of asbestos-containing materials, before work begins

Where the client's failure to meet these responsibilities results in additional work, delays, or remedial costs, those costs may be charged to the client.

5. Payment Terms

Unless otherwise agreed in writing:

• Payment is due upon completion of the job, or as outlined in the quote for staged payments
• We accept payment by bank transfer (preferred), cash, or other methods specified in the invoice
• Invoices not paid within 14 days of the due date may incur a late payment fee or interest at a rate of 1.5% per month on the outstanding balance
• Where a deposit has been paid, the balance is due on the agreed completion date

All prices are in New Zealand dollars (NZD). Where GST applies, it will be clearly itemised on the invoice.

6. Workmanship Guarantee

This guarantee covers defects in the installation workmanship only and does not cover:

• Damage caused by misuse, neglect, or failure to follow the manufacturer's care instructions
• Normal wear and tear
• Damage caused by water ingress, flooding, or subfloor movement beyond our control
• Manufacturer defects in flooring products (these are covered by the manufacturer's own warranty)
• Damage caused by trade or building works carried out by others after installation

To make a claim under this guarantee, please contact us in writing within 12 months of the completion date. We will inspect the area and respond within five business days.

7. Insurance

Mudgway Flooring holds $2,000,000 public liability insurance. A certificate of currency is available on request.

We are not responsible for damage to property or possessions that arises from your failure to clear the work area before our arrival, or from pre-existing defects or structural issues not disclosed to us prior to the job commencing.

8. Cancellation and Postponement

If you need to cancel or postpone a confirmed booking, please give us as much notice as possible.

• Cancellations with more than five business days' notice: no cancellation fee
• Cancellations with two to five business days' notice: we reserve the right to charge a fee to cover any non-recoverable costs incurred (such as materials already ordered)
• Cancellations with less than two business days' notice: a cancellation fee of up to 20% of the quoted job value may apply, plus the cost of any materials ordered specifically for your job

We reserve the right to cancel or postpone a booking due to illness, emergency, or circumstances beyond our control. In such cases, we will notify you as soon as reasonably practicable and reschedule at a mutually convenient time. No cancellation fee will be charged to you in these circumstances.

9. Subfloor and Site Conditions

The quality of a finished floor depends significantly on the condition of the subfloor. We will assess subfloor conditions during our site visit and advise of any issues before quoting. However:

• We accept no liability for issues arising from a subfloor that was not visible or accessible at the time of quoting
• Where subfloor preparation work is required and forms part of the agreed quote, we will carry it out to the standard required by the flooring manufacturer
• We accept no liability for flooring failures caused by ongoing subfloor movement, moisture ingress, or other structural issues that are outside our scope of work

10. Limitation of Liability

To the maximum extent permitted by New Zealand law, our liability to you for any claim arising from the supply of services is limited to:

• The re-supply of the services to which the claim relates, or
• The cost of having the services re-supplied

We are not liable for any indirect, consequential, or economic loss (including lost income, loss of use, or damage to other property) arising from our work, except where such liability cannot be excluded under New Zealand law.

Nothing in these terms limits any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, where those Acts apply to your engagement of our services.

11. Consumer Guarantees Act 1993

If you are a consumer as defined under the Consumer Guarantees Act 1993 (CGA), the services we supply come with guarantees that cannot be excluded. These include guarantees that services will be carried out with reasonable care and skill, completed within a reasonable time, and be fit for the purpose for which they are supplied.

If services are supplied for business purposes, and you have agreed in writing to exclude the CGA, the protections under the Act may not apply.

12. Disputes

If you are not satisfied with our work or have a concern, please contact us first. We are committed to resolving any issues promptly and fairly.

• Please put your concern in writing to mudgwayflooring@gmail.com
• We will acknowledge your concern within two business days and aim to resolve it within ten business days
• If we are unable to resolve the matter directly, either party may refer the dispute to the Disputes Tribunal (for claims up to $30,000) or the District Court

13. Governing Law

These Terms and Conditions are governed by the laws of New Zealand. Any dispute arising under these terms will be subject to the exclusive jurisdiction of the courts of New Zealand.

14. Changes to These Terms

We may update these Terms and Conditions from time to time. The current version will always be available on our website. Changes take effect from the date they are published and apply to work accepted after that date.