Terms & Conditions

Section 1

Parties & Definitions

These Terms & Conditions (“Terms”) are between Navigate Japan Limited (NZBN 9429052367342), trading as Home & Heart Clearance, registered address Suite 1013, Unit A Level G26, Hobson Street, Auckland 1010, New Zealand (“we”, “us”, “the Company”), and the person or entity who submits an enquiry or enters into a service agreement with us (“you”, “the Client”).

Section 2

Enquiries, Quotes & Booking Confirmation

2.1Submitting an Enquiry

Submitting our online booking form or contacting us by phone or email constitutes an enquiry only. No binding contract is formed at the point of enquiry. We aim to contact you within 4 working hours on business days (Monday–Friday, excluding public holidays) to arrange a site assessment visit.

2.2Site Assessment

All estate clearances and room or garage clearances require an in-person site assessment conducted by the Company before a Quote is issued. We do not issue binding quotes from photographs alone for these job types. Small salvage pickups may be quoted based on photographs at our discretion.

2.3The Quote

Following the site assessment, we will issue a written Quote setting out:

• The scope of Services, including areas of the Property to be cleared
• The fixed clearance fee or pricing structure
• The Disposal Cap (standard: 500 kg of general refuse) and the basis on which any excess is charged
• Any itemised add-ons (e.g. Tier 1 cultural coordination fee)
• The estimated clearance date and expected duration
• Conditions specific to the Property or estate

Quotes are valid for 14 days from the date of issue unless otherwise stated in writing. Once you have accepted a Quote, the quoted price applies to the scope set out in it; any change in scope or additional work is handled by Variation under clause 10.1 and is not charged without your agreement, except where immediate action is reasonably necessary for safety or legal compliance.

2.4Booking Confirmation

A binding service agreement is formed only when the Client provides written acceptance of the Quote (by email, text, or signed agreement) and we confirm the appointment date in writing. We reserve the right to decline any enquiry or Quote at our discretion before Booking Confirmation is issued.

Section 3

Payment Terms

3.1Fees

All fees are stated in New Zealand Dollars (NZD) and are exclusive of GST unless otherwise stated. GST at the prevailing rate will be added to all invoices.

3.2Deposit

We may request a deposit of 10% of the quoted clearance fee at the time of Booking Confirmation. For jobs that are unusually large, urgent, or labour-heavy, or that require us to commit third-party costs in advance (such as specialist removalists, extra crew, or pre-paid disposal), we may request a higher deposit — in which case the amount and the reason will be stated in the Quote. Any deposit paid is applied to the final invoice.

3.3Balance Payment

The balance of the clearance fee is due on the day of clearance completion unless otherwise agreed in writing. We accept payment by bank transfer. Our bank account details are provided on the invoice.

3.4Disposal Overages

Your Quote states the Disposal Cap and the rate that applies to any general refuse above that cap (the applicable transfer-station gate rate plus a stated handling margin). By accepting the Quote and the Disposal Cap in writing before work begins, you agree to this basis of charging for that job. We will advise you as early as practicable on the day of clearance if it appears the cap will be exceeded. This clause covers only the volume of refuse for the job as quoted; any change to the agreed scope of work is dealt with by Variation under clause 10.1.

3.5Overdue Accounts

Invoices not paid within 14 days of the invoice date may incur interest at 2% per month on the outstanding balance. We reserve the right to recover reasonable debt collection costs actually incurred.

Section 4

Cancellation & Rescheduling

4.1Cancellation by the Client

You may cancel a confirmed booking at any time by notifying us in writing. If the Client cancels a confirmed booking within 3 business days of the scheduled start time, the Company may charge the reasonable costs actually incurred as a result of the cancellation, including booked labour, vehicle allocation, third-party fees, and administration costs, up to the amount stated in the Quote. Any cancellation fee is intended to be a genuine pre-estimate of loss and not a penalty.

Where more than 3 business days’ notice is given, no cancellation fee applies and any deposit is refunded, except for third-party costs already committed on your behalf and disclosed to you. We understand that estate situations can change rapidly, and we will always try to accommodate rescheduling requests without charge where practicable.

4.2Cancellation by the Company

We reserve the right to postpone or cancel a booking in exceptional circumstances (severe weather, WorkSafe-notifiable incident, or events outside our reasonable control). In such cases, we will contact you as soon as practicable and offer a rescheduled date at no additional cost. No cancellation fee applies to the Client in this circumstance, and any deposit paid will be returned in full if rescheduling is not possible.

4.3Tier 1 Ceremonial Karakia Coordination — Special Notice

If a Tier 1 ceremonial karakia has been arranged, our kaumātua contact requires a minimum of 14 days’ notice of any cancellation or rescheduling. Cancellations with less than 14 days’ notice may result in a partial cultural coordination fee being invoiced by the Company to cover the kaumātua’s preparation and travel costs actually incurred. We will advise the applicable amount at the time of cancellation.

Section 5

Scope of Services & Exclusions

5.1What is Included

The Services include the removal and disposal or salvage of household Goods as described in the Quote. Unless otherwise agreed in writing, the standard service includes:

• Physical removal of all Goods from the cleared areas of the Property
• Sorting of Goods into salvage, donation, and disposal categories
• Transportation of disposal waste to a licensed Auckland transfer station
• Consignment of salvageable Goods to appropriate auction channels or charity
• An initial written clearance summary provided to the estate executor or Client contact within 72 hours where practicable, followed by any further documentation once third-party auction, donation, or disposal records are available

5.2Items We Do Not Handle

The following categories of items are excluded from standard clearance services and must be disclosed prior to the site assessment. Additional arrangements or costs may apply:

• Asbestos-containing materials (requires licensed asbestos removal contractor)
• Hazardous chemicals, pesticides, solvents, or industrial waste
• Biological or medical waste, sharps, or controlled substances
• Firearms or ammunition (must be surrendered to NZ Police under applicable law)
• Liquid waste or items requiring specialist containment
• Items legally required to remain on the premises (e.g. items subject to a court order or legal hold)

5.3Items of Special Significance

Personal documents, photographs, diaries, identification documents, and items marked by the estate as being of special sentimental or legal significance are never disposed of without explicit Client direction. These items are set aside and returned to the Client or the estate executor. The Client is responsible for identifying and communicating such items at or before the site assessment.

5.4Māori and Pacific Taonga

Items that may constitute taonga (treasured cultural or spiritual objects) are handled with particular care. We will never dispose of such items without explicit authorisation. Where items are uncertain, we will seek the Client’s direction before any further action is taken. We may refer the Client to appropriate specialists for valuation or cultural guidance.

Section 6

Client Warranties, Authority & Responsibilities

6.1Authority and Ownership

The Client warrants that they are the owner of the Goods, or are properly authorised by the owner, estate, executor, landlord, or other lawful decision-maker to instruct the Company in relation to the Goods and the Property. The Client indemnifies the Company against any third-party claim, loss, cost, or expense arising from a breach of this warranty.

6.2Access

The Client is responsible for ensuring that the Company has lawful access to the Property on the agreed clearance date. This includes obtaining any necessary permissions from estate executors, real estate agents, property managers, or body corporate representatives. Failure to provide access on the agreed date may result in a rescheduling fee equivalent to the reasonable costs we incur as a result, up to one half-day’s labour costs.

6.3Client Attendance

The Client or a representative is not required to be present during clearance, but is encouraged to attend the initial walkthrough at the start of the job. If the Client is not present, we will proceed according to the instructions documented in the Quote and site assessment notes. Any items we are uncertain about will be set aside and the Client contacted before any further action is taken.

6.4Items to Be Retained by the Family

The Client must clearly identify and remove, or clearly label, any items to be retained by the family before the clearance date. Items left unlabelled and unsecured in the cleared areas of the Property are assumed to be within the scope of clearance. To the extent permitted by law, the Company is not liable for items disposed of that were not identified to us as retained items before work commenced.

6.5Structural Integrity and Pre-Existing Damage

The Client should disclose any known structural hazards, pest infestations, or pre-existing damage to the Property before the site assessment. The Company is not responsible for pre-existing damage. We will take reasonable care during clearance, but to the extent permitted by law we accept no liability for minor cosmetic damage that is an unavoidable result of removing large or heavy items (e.g. minor scuffs to doorframes or floor surfaces).

6.6Hidden Valuables and Personal Effects

The Client is responsible for removing before clearance any cash, jewellery, watches, passports, titles, legal papers, medication, keys, electronic devices, data storage devices, or other small valuables or personal effects. We will take reasonable care to identify obvious personal documents, photographs, diaries, identification documents, and sentimental items during the ordinary course of clearance. However, unless expressly included in the Quote, the Services do not include a forensic search of drawers, pockets, envelopes, books, rubbish, containers, hidden compartments, or inside furniture. To the extent permitted by law, the Company is not liable for loss of such items unless they were clearly identified to the Company in writing before work commenced, or unless the loss arises from our failure to exercise reasonable care and skill.

Section 7

Salvage, Auction Proceeds, Title & Disposal

7.1Salvage as an Offset

Where the estimated salvage value of Goods is sufficient to offset disposal and labour costs, we may offer a free or discounted clearance fee. Any such offer is stated in the Quote and is an estimate only. The final outcome depends on actual auction results, which are not within our control.

7.2No Guarantee of Auction Proceeds

We cannot guarantee the sale price, sale timing, or salability of any item. Auction house results vary depending on market conditions, buyer demand, and item condition at the time of sale. Reserve prices, if applicable, are set by auction house staff and may not be met. To the extent permitted by law, the Company accepts no liability for items that do not sell at auction or that sell below the Client’s expectations.

7.3Auction House Commissions

Where Goods are consigned to auction, the auction house deducts a seller’s commission (and, in some cases, other fees) from the sale proceeds before payment is made to the Company. These commissions vary by auction house, item type, and sale value, and are set by the auction house rather than by us. We will confirm the relevant commission basis in writing before consigning your Goods. Net Salvage Proceeds (after deduction of applicable commissions and fees) are passed to the Client or estate within 14 days of the Company receiving cleared funds.

7.4Goods Donated to Charity

Where Goods are donated to charity or community organisations, no proceeds are generated or payable. Donation records are included in the aftercare report.

7.5Title to Removed Goods

Title to, and risk in, Goods that you (or the Quote) have designated for disposal, recycling, donation, or salvage passes from the Client or estate to the Company on removal of those Goods from the Property. This allows the Company to dispose of, recycle, donate, or consign those Goods in the ordinary course of the Services. However, where Goods are listed in a signed Salvage and Auction Consignment Authority for sale on the Client’s behalf, the Client retains title to those Goods until they are sold, and the Company acts as the Client’s agent in selling them. Goods set aside for return to, or collection by, the Client or estate remain the property of the Client or estate.

7.6Retained Goods, Storage & Disposal

Goods set aside for return to, or collection by, the Client or estate must be collected within 14 days of the clearance completion date, unless another period is stated in the Quote. We may charge reasonable storage costs for Goods held beyond that period, as notified to you in writing. If such Goods remain uncollected 30 days after we have given written notice to your last known contact details, we may donate, sell, or dispose of them, and may apply any net proceeds towards reasonable storage and disposal costs and any amounts you owe us. Goods that cannot be sold, donated, or returned within a reasonable time may be disposed of at a licensed transfer station; where practicable we will notify you before disposing of any Goods we believe may have residual value.

Section 8

Farewell Framework — Terms Specific to Each Tier

8.1All Tiers

The Farewell Preference selected on the booking form or confirmed at consultation will be noted in the Quote. Clients may change their Farewell Preference up to 7 days before the clearance date by notifying us in writing. Changes after this period may not be possible depending on the nature of the change.

8.2Tier 1 — Ceremonial Karakia Coordination

Where a Tier 1 ceremonial karakia is requested:

• We must receive the Booking Confirmation at least 14 clear days before the requested clearance date to allow us to confirm the kaumātua’s availability. We cannot guarantee Tier 1 availability for bookings with less than 14 days’ notice.
• The cultural coordination fee, if applicable, will be itemised in the Quote. This fee covers coordination, preparation, scheduling, travel, cultural liaison, and any agreed third-party costs connected with arranging ceremonial karakia support. We will explain the fee before the booking is confirmed.
• All workers present during karakia will be briefed beforehand. Phones are to be stored during the ceremony. The ceremony is not recorded or photographed without the written consent of the Client and the kaumātua.
• Clearance work does not begin until the kaumātua indicates the ceremony is complete.
• If the Client’s own preferred kaumātua is to perform the ceremony, the Client is responsible for arranging and compensating that person. We will coordinate access to the Property.

8.3Tier 2 — Secular Farewell

The secular farewell is included at no additional charge. It consists of our team setting aside items of noted significance, photographing them with care, and allowing a brief period of acknowledgement before clearance begins. No external contacts are required. The Client or their representative may be present.

8.4Tier 3 — Standard Professional Clearance

No ceremony is conducted. Goods are handled with care and respect at all times. This is the default option if no preference is stated.

8.5Additional Religious or Cultural Requests

We will make reasonable efforts to accommodate cultural or religious requests beyond the three standard tiers (e.g. Buddhist, Christian, or Pacific Island ceremonies). These arrangements are made privately through our standing contacts or the Client’s own network. Additional costs, if any, will be agreed in writing before the appointment is confirmed. We do not guarantee availability of specific officiants.

Section 9

Photography, Privacy & Data

9.1Photography of the Property and Goods

By confirming a booking, the Client consents to the Company photographing the Property and its contents for the purposes of:

• Quoting and scope assessment
• Internal job management and record-keeping
• Auction house consignment (photographs shared with the auction houses or valuers we engage, for valuation and listing purposes only)
• Aftercare reporting to the Client or estate executor

We do not use photographs of Clients’ property or Goods for marketing, social media, or public purposes without separate written consent. We take reasonable steps to avoid photographing people, intimate personal material, or highly sensitive documents unless doing so is necessary for the Services or required for a record of items to be returned. Photographs are stored securely and deleted after 12 months from the date of clearance, unless required for ongoing legal, tax, insurance, or dispute-resolution purposes.

9.2Personal Information

We collect personal information (name, contact details, property address, relationship to the deceased, and other details provided on our booking form) for the purpose of delivering, administering, documenting, and lawfully managing the Services. We do not sell or share personal information with third parties except as required to deliver the Services (e.g. auction house consignment, kaumātua coordination, freight partners for memorial item shipping).

You have the right to request access to, or correction of, any personal information we hold about you. Please contact us at the details below. Our full Privacy Policy is available at homeandheart.nz/privacy-policy.

We comply with the New Zealand Privacy Act 2020. Privacy enquiries can be sent to info@homeandheart.nz.

9.3Information Collected Indirectly

Sometimes we collect personal information about an individual from someone other than that individual — for example, when an executor, solicitor, property manager, retirement village, or agent gives us details about a family member, tenant, or other person connected with a clearance. Where we do, we take reasonable steps, in line with Information Privacy Principle 3A of the Privacy Act 2020, to ensure that individual is made aware that we have collected their information, what we will use it for, who we may share it with, and their rights to access and correct it — unless an exception under the Act applies (for example, where notification is not reasonably practicable, or would prejudice the purpose of collection).

9.4Booking Form Data

Information submitted via our online booking form is transmitted and stored securely. We may use third-party form services (such as Formspree) to process form submissions. These services operate under their own privacy policies and may process or store data outside New Zealand. They are used only to deliver your enquiry to us and support administration of the Services. Form data is not used for marketing unless you separately agree to receive marketing communications.

Section 10

Variation, Suspension, Lien & Set-Off

10.1Variation and Stop-Work

If the scope changes, access is restricted, hazardous or regulated material is discovered, or disposal requirements materially differ from the site assessment, the Company may pause the Services and issue a written variation. The Company is not required to continue affected work until the variation is approved, except where immediate action is reasonably necessary for safety or legal compliance.

10.2Suspension

The Company may suspend or stop the Services where: (a) any amount payable is overdue; (b) access to the Property is not provided as agreed; (c) conditions at the Property are unsafe or a WorkSafe-notifiable risk arises; or (d) undisclosed hazardous or regulated material is discovered. We will tell you the reason and what is required for work to resume. To the extent permitted by law, we are not liable for delay caused by a suspension under this clause, and reasonable standby or remobilisation costs actually incurred may be added by written Variation.

10.3Lien and Set-Off

If any amount for a job is overdue, the Company may, to the extent permitted by law, withhold release of the Goods and net salvage proceeds for that job that are actually in its possession, and may set off the overdue amount for that job against any net salvage proceeds it holds for that job, until that amount is paid. The Company will not withhold transfer-station receipts or the aftercare report under this clause. This clause does not apply to personal documents, identification documents, medication, keys, taonga, family photographs, or items clearly set aside for return to the Client or estate.

Section 11

Insurance & Limitation of Liability

11.1Company Insurance

Before carrying out client work, the Company will put in place and maintain:

• Public liability insurance — to be in place before the first client job and maintained throughout operations
• In-transit / business goods insurance rider — to cover salvage items transported between the Property, our storage facility, and auction houses

Once this cover is in place, evidence of it will be available on request.

11.2Items of Undisclosed Value

Any in-transit insurance we hold is arranged on the basis of general household goods values. The Client is responsible for disclosing any items of exceptional monetary value (fine art, jewellery, collectables estimated above $5,000) before the clearance date so that appropriate handling and insurance arrangements can be made. To the extent permitted by law, we accept no liability for loss or damage to items whose value was not disclosed at or before the site assessment.

11.3Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law, where it cannot lawfully be excluded. If you acquire the Services as a Consumer, your statutory rights apply in full and these Terms must be read subject to them.

Subject to the paragraph above, and to the maximum extent permitted by law:

• We are not liable for indirect, consequential, or special loss, including loss of auction proceeds, loss of sentimental value, or costs arising from estate-settlement delays.
• Our total aggregate liability for all claims connected with a job is limited to the total clearance fee paid for that job — except where the law (including the Consumer Guarantees Act 1993 for Consumers) requires a higher liability.
• Nothing in these Terms limits liability for personal injury or death caused by our negligence.

11.4WorkSafe Compliance

We take reasonable steps to carry out clearance work safely and consistently with applicable WorkSafe New Zealand guidance. Workers are vetted and briefed on safe manual handling and job-specific risks before work begins. The Client must disclose any known health and safety risks at the Property (e.g. unstable structures, confined spaces, known asbestos) before the site assessment.

11.5Notifying a Property-Damage Claim

So that we can investigate while the circumstances can still be assessed, any claim for damage to the Property should be notified to us in writing within 7 days of the clearance completion date, with reasonable detail and, where possible, photographs. This clause does not limit any right you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded.

Section 12

Consumer Rights & In-Trade (Business) Clients

12.1If You Are a Consumer

Where you acquire the Services as a Consumer, you have guarantees under the Consumer Guarantees Act 1993 — including that the Services will be carried out with reasonable care and skill, be reasonably fit for purpose, completed within a reasonable time, and (where the price is not fixed in advance) for a reasonable price — together with your rights under the Fair Trading Act 1986. Nothing in these Terms excludes, restricts, or modifies those rights where they cannot lawfully be excluded, and these Terms must be read subject to them.

12.2Contracting Out (Clients In Trade)

Where the Client acquires the Services in trade, both parties are in trade, and the relevant Quote or Booking Confirmation expressly states that the parties agree to contract out, the parties agree that, to the maximum extent permitted by New Zealand law, the Consumer Guarantees Act 1993 and those provisions of the Fair Trading Act 1986 that may lawfully be contracted out of do not apply to that job. The parties agree that it is fair and reasonable for them to be bound by that agreement. This clause does not apply to Consumer clients.

Section 13

Licensing, Legal Compliance & Waste

13.1Waste Collector Licence

The Company operates in accordance with applicable Auckland Council waste bylaws, controls, and licensing requirements. Where a waste collector licence or equivalent authorisation is required for the Services, the Company will hold or obtain that authorisation before carrying out the relevant work. We comply with applicable New Zealand waste disposal requirements, including use of licensed transfer stations and applicable waste-disposal charges.

13.2Responsible Disposal

All waste is disposed of at licensed Auckland transfer stations. Transfer station receipts are available on request and are retained for our waste diversion records. We do not dump waste illegally.

13.3Firearms and Controlled Items

If firearms, ammunition, or controlled substances are discovered during a clearance, work will be paused in relation to those items and the Client will be contacted immediately. Firearms, ammunition, and controlled substances must be handled in accordance with applicable New Zealand law and any instructions from NZ Police or other relevant authorities. We may assist the Client in contacting the appropriate authorities, but we do not handle or transport these items unless expressly authorised by law and properly equipped to do so.

Section 14

General Provisions

14.1Entire Agreement

The Quote, the Booking Confirmation, and these Terms together form the entire agreement between the Client and the Company for the relevant job, and supersede any prior discussions, estimates, or representations. Where a specific term in a signed Quote conflicts with these Terms, the signed Quote prevails for that job.

14.2Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, or severed, and the remaining provisions will continue in full force and effect.

14.3Assignment

The Client may not assign or transfer their rights or obligations under these Terms without our prior written consent. We may engage vetted contractors or partners (for example, auction houses, freight providers, or specialist removalists) to help deliver the Services, while remaining responsible to the Client for the Services we have agreed to provide.

14.4Events Outside Our Control

We are not liable for any failure or delay in performing the Services caused by events outside our reasonable control, including severe weather, natural events, fire, power or network failure, public-health restrictions, or a WorkSafe-notifiable incident. Where such an event occurs, we will contact you as soon as practicable and arrange a rescheduled date in accordance with clause 4.2.

14.5No Waiver

If we do not enforce a right under these Terms on any occasion, that does not waive our right to enforce it on a later occasion.

Section 15

Disputes & Governing Law

15.1Resolving Disputes

If you have a concern about our Services, please contact us directly in the first instance. We are committed to resolving disputes promptly and fairly. Most issues can be resolved informally within 5 business days of the concern being raised.

If informal resolution is not possible, either party may refer the dispute to the Disputes Tribunal (for claims up to $30,000) or the District Court under New Zealand law.

15.2Governing Law

These Terms are governed by the laws of New Zealand. The courts of New Zealand have exclusive jurisdiction over any dispute arising from or in connection with these Terms.

15.3Consumer Rights

Nothing in these Terms is intended to limit or exclude any rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be lawfully excluded.

Section 16

Changes to These Terms

We may update these Terms from time to time. The version in effect at the date of your Booking Confirmation governs the services provided under that booking. The current version is always available at homeandheart.nz/terms-and-condition. We will not apply updated Terms retrospectively to confirmed bookings without your written consent.