Terms & Warranty

Michelangelo’s Four Year Limited Warranty

Michelangelo Painters Ltd (Michelangelo or Contractor) hereby warranties its work to have been performed in a good, competent and workmanlike manner, and that the work of Contractor will perform consistent with industry standards in this geographical location for residential painted finishes of the type utilized for a period of 48 months after the date of completion, subject to the below conditions and exceptions.

General Contract Terms

Where the homeowner (Customer) , builder or other contractor has erected, fitted or assembled any structure that subsequently requires painting or plastering over or around, such that access to perform that painting or plastering is not as easy or not as originally anticipated, Michelangelo is not responsible for the disassembly, dismantling or removal of that structure, and any warranties made herein, concerning that particular space, are immediately voided. Where the structure cannot be removed, or removal would cause undue inconvenience or time overruns, any warranties made herein, concerning that particular space, are immediately voided. Examples: Sliding doors, cavity sliders, whiteware etc.
Michelangelo is not responsible for work created subsequent to the original viewing and quotation, including, and not limited to, the following:
1. where the customer or builder or other contractor has added items that were not there at time of quotation, were not mentioned or were not anticipated
2. where items were anticipated but whose installation was unusually delayed, or
3. when the customer adds additional work that was not initially anticipated nor agreed upon.
Estimates, only, will be provided on jobs where construction is incomplete and/or quotation is requested, or is only reasonably possible, from plans/drawings.
While Michelangelo provides its best estimate of time to complete work, unless otherwise mutually agreed, Michelangelo is not responsible for time overruns, which may result from a variety of factors.
Unless otherwise agreed to, any remaining paint and materials at the end of a job remains the property of Michelangelo.
Michelangelo is not responsible for any costs due to any factor beyond its control. This clause is intended to cover any situation where Michelangelo intended in good faith to perform work according to the original contract but where unforeseen factors, often caused by the customer, made the fulfillment of the contract difficult or impossible, or where such factors created additional costs.
On completion of the work, the customer is entitled to view the work and make a list of any touch-ups, which Michelangelo will perform. However, the work is deemed complete and invoiceable immediately after this initial round of touch-ups. Unless otherwise agreed, the homeowner may not add items to the initial list of touchups while the Contractor is in the process of performing the touchups. Any further touch-ups required shall be claimable under this warranty and the Contractor is not required to perform them until full and final payment is made, subject also to the sub-paragraphs below and elsewhere in this document:
1. Unless otherwise agreed, the customer must provide the Contractor the opportunity to perform touchups within three days of completion of work. Failure to do so will deem the touchups to be unnecessary and final payment will become due immediately upon the expiry of those three days. If both parties agree, the Contractor may subsequently perform these touchups under this warranty, after final payment is made. This is to avoid such situations as where a customer seeks to delay final payment by not allowing the Contractor to perform touchups in a timely manner.
2. Touchups shall be deemed “complete” after the customer has inspected and/or agrees, verbally or otherwise, that the painter has finished, regardless of whether Michelangelo has inadvertently missed any particular touchup. The onus is on the customer to check that the touchups have been completed adequately. This check is generally performed by a physical walk-around by the customer with list in hand.
3. The customer shall not unilaterally perform, or hire any other contractor to perform, any touchups or fixes without the express agreement of Michelangelo. This is to avoid such situations as where the customer makes an assumption about what the Contractor is required to touch up or fix and attempts to circumvent the process by performing the fixes themselves or hiring a third party to perform the fixes, then charging the Contractor the cost of performing these fixes. If there are any disputes about the Contractor’s obligations to touch up or fix anything, an attempt must be made to formally settle this matter between the original contract parties in the first instance. This may involve third-party arbitration.
Payment of final invoice must be made within seven days of completion of any touch-ups, described above, unless otherwise agreed in advance. Any further touch-ups required by the owner after the seven days has elapsed shall be deemed to fall under warranty and the Contractor is not obliged to attend to this work until the full contract amount is paid in full, after which the customer may apply for rectification as described in these terms.
If the Customer fails to pay the invoice without any just cause, the Customer is liable for any costs incurred in debt recovery.
It is the duty of the homeowner to notify Michelangelo of any potential hazards prior to commencement of work. Michelangelo is not responsible for performing any tests to determine the existence of hazardous materials, e.g. lead or asbestos. Unless a test is performed, Michelangelo cannot be expected to know of any potential danger. In the case of lead, the homeowner is responsible for telling Michelangelo the age of the house, at a minimum. Physical hazards should be indicated by use of a clearly visible sign or other visible marker which describes the nature of the potential harm in English. Verbal warnings are insufficient. Any subsequent costs incurred relating to potential dangers that were not alerted or indicated shall not be the responsibility of the contractor. Any damages resulting from failure in this regard, will be the responsibility of the homeowner, subject to due process. This includes, but is not limited to:
1. Asbestos, lead or other hazardous materials which could be reasonably assumed to require removal, replacement, scraping or sanding such that hazardous materials have the potential to become airborne.
2. Dogs loose on the property

This warranty does not cover:

Paint failure at any surface that permits moisture to collect because of their specific design (i.e. railings, porches, wooden gutters, decks, stairs, roofs, window sills, etc.)
Paint failure at any surface that permits moisture to affect it due to its use as well as the absence of any moisture-removing device, e.g. a garage that is not insulated or a bathroom that does not have a working extractor fan or where the fan is present but not regularly used.
Paint failure at any surface that could be reasonably attributed to the previous paint work being applied incorrectly or aging, e.g. where delamination subsequently occurs where the substrate or previous paintwork was dirty or prone to lifting or bubbling due to its age, and/or where a previous painter did not prepare and paint the surface properly, such that delamination or other issue subsequently occurs, where the surface was fine at the time of new painting, and where the contract did not specify complete stripping of paint down to bare substrate or complete replacement of the damaged substrate as necessary.
Failure at crack repairs where the repairs were conducted by another contractor
Failure at crack repairs where the repairs were conducted by Michelangelo, assuming that Michelangelo performed the repairs using acceptable methods. This is to prevent the contractor from being held liable where other factors outside the control of the contractor were the cause, e.g. subsidence or any other cause, usually some movement of the structure that causes the crack to enlarge or propagate.
Work where additional coats are required (e.g. where more coats are required to cover a dark surface) after a given number of coats has been specified in the original quotation.
Work for which Contractor did not supply the paint or other materials, unless otherwise agreed.
Work where paint or other materials not normally used by the Contractor are specified by the customer unless agreed in writing. Note: The Contractor normally uses Dulux or Resene paint systems.
Work where the customer specifies a particular brand of paint, which chemically conflicts, or otherwise causes issues, with any other paints normally used by the Contractor, e.g. if a Dulux undercoat used by the Contractor causes issues, through incompatibility or any other reason, with a Resene top coat specified by the customer.
.Any impeded area, which was not specifically agreed to in writing, e.g. a narrow area not comfortably accessible or any area covered by hedges, bushes etc, which was not pointed out by the customer nor arrangements made to make the area accessible.
Any damage to furniture or other items or surfaces where the customer did not wish to move the items and/or the laying of protective film or sheets over or around the items did not prevent subsequent damage.
Any paint drips on carpets where furniture not removed by the customer made it difficult or inconvenient to apply protective sheets or film.
Any work not performed by the Contractor
Any work created subsequent to the original quotation, e.g. where builder has added items that were not there at time of quotation, or where the builder added items that were anticipated but whose installation was unusually delayed, as per the General Contract Terms above.
Surfaces made of, or containing, galvanized metal, or varnished surfaces where these surfaces were adequately prepared and treated.
Bleeding caused by rust, cedar, or knots where these surfaces were adequately prepared and treated. Note: the Contractor uses an oil-based stain-blocking primer on timber prone to bleeding.
Exact paint match, since environmental conditions will affect the colour and finish of all paints over time, and technology can not always provide a perfect match
Cracks that occur in drywall, plaster, or wood after completion of painting as these could be caused by movement of building, exterior building works or a variety of other factors.
Damage cause by insects or animals
Any peeling, chipping, or blistering caused by the following:
1. mill-glazing from smooth cedar
2. peeling, lifting or bubbling of layers of paint existing prior to the work performed by the Contractor.
3. moisture content of the substrate
4. abrasion, abrasive cleaning, mechanical damage, abuse, or damage that results from use of chemicals (or cleaning agents)
5. exposure to harmful solids, liquids or gases
6. ordinary wear and tear, or extraordinary wear and tear resulting from improper use and care
7. defects or damages caused by fire, flood, acts of God, explosion, vandalism, extreme weather conditions, alterations, abuse, negligence, misuse, or any additional reason beyond the control of the Contractor
8. structural defects, including settling or movement
9. friction from tight-fitting moving surfaces, e.g. windows and doors
10. harm or neglect of the homeowner (including abnormal use or misuse of area)

In order to be entitled to file a claim under this limited warranty, the customer must first:

Contact Michelangelo to report claim 029-7799929 or info@michelangelo.co.nz
Make the property accessible to the Contractor to perform repairs in a timely manner, as elsewhere described
Maintain evidence of payment in full
Maintain a copy of the original contract or quote
Pay the original full contract price, including any subsequent verbal or written agreements, e.g. where extra work was needed.

Repairs under this warranty will only be performed on the areas where delamination, blistering, peeling, or chipping, etc. have occurred and only to the level deemed necessary to blend or interface with the undamaged finish as determined at the sole discretion of the owner of Michelangelo.

**This is the only warranty made by Michelangelo, and takes the place of all other expressed or implied warranties. This warranty only covers services Michelangelo has provided, and the warranty is valid only for the original purchaser on the contract. Michelangelo will not be held liable in any event for consequential or incidental damages that exceed the original contract price.

This warranty may not be altered or extended for any purpose unless done so in writing and documented by all parties to the original contract.