It is uncertain to what extent the Consumer Guarantees Act 1993 applies to building work. In any event, the Halo 10-Year Guarantee does not impact on your rights and remedies under that legislation. The Halo 10-Year Guarantee is a third party guarantee, the purpose of which is that you have Halo Guarantees Limited, standing behind the builder’s obligations and agreeing (subject to the specific terms of the guarantee) to answer for the builder’s default or liability in respect of those primary obligations owed to You by the builder.
Your rights as a Consumer
To the extent that the Consumer Guarantees Act 1993 applies to goods and/or services provided to you:
- be of acceptable quality
- be fit for a particular purpose that the consumer made known to the supplier, unless it was unreasonable for the consumer to rely on the supplier’s skill when selecting the goods for that purpose
- match any description given to the consumer
- match any sample or demonstration model shown to the consumer
- be able to be legally sold to the consumer
- arrive on time and in acceptable condition
- have spare parts and repair facilities available for a reasonable time, unless the consumer is notified that the manufacturer does not undertake that repair facilities and parts will be available that comply with any express guarantee given by a manufacturer.
- be carried out with reasonable care and skill
- achieve the result the consumer made known to the business that the consumer was seeking, unless it was unreasonable for the consumer to rely on the businesses’ skill to expect that result
- be finished by the agreed date or within a reasonable time if no completion date was agreed
- be supplied at the agreed price or at a reasonable price if no price was agreed.
Your right to change your mind and cancel
You may let us know that you do not want the Halo 10-Year Guarantee within 5 working days of confirmation of the Guarantee, by giving written notice to Halo Guarantees Limited. By doing so, your Guarantee will be cancelled and the purchase price of the Guarantee will be refunded by Halo Guarantees Limited. In the event of cancellation of your Guarantee, the refund made by Halo Guarantees Limited will be made to the person that made payment of the Guarantee purchase price to Halo Guarantees Limited. Notice of cancellation should set out your name, the address of the Property and clearly state that you want to cancel the Guarantee. The notice of cancellation must be sent to:
- Halo Guarantees Limited
PO Box 13415, Tauranga Central, Tauranga 3141
- [email protected]
The purchase price of the Guarantee ranges from $300 – $1,640 (excluding GST) depending on the Contract Price of the Project and varying levels of cover are provided for up to 10-years after the Practical Completion Date of the Works.