Terms & Conditions

Parties & Definitions

These Terms & Conditions ("Terms") are between Navigate Japan Limited (NZBN 9429052367342), trading as Home & Heart Clearance, registered address 22 Kiri Place, Mairangi Bay, Auckland 0630, 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").

Enquiries, Quotes & Booking Confirmation

2.1 Submitting 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 will contact you within 4 hours on business days (Monday–Friday, excluding public holidays) to arrange a site assessment visit.

2.2 Site 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.

2.3 The 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)
• Any itemised add-ons (e.g. Tier 1 farewell koha contribution)
• 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.

2.4 Booking 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.

Payment Terms

3.1 Fees

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.

3.2 Deposit

We may request a deposit of up to 25% of the quoted clearance fee at the time of Booking Confirmation for full estate clearances. Deposit terms, if applicable, will be stated in the Quote.

3.3 Balance 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.

3.4 Disposal Overages

If the weight of general refuse exceeds the Disposal Cap stated in the Quote, the Client will be invoiced for the additional weight at the applicable transfer station gate rate plus a handling margin. We will advise the Client as early as practicable on the day of clearance if it appears the cap will be exceeded. The Client's written agreement to the Disposal Cap, signed before work commences, constitutes acceptance of this overage billing arrangement.

3.5 Overdue 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.

Cancellation & Rescheduling

4.1 Cancellation by the Client

You may cancel a confirmed booking at any time. The following notice periods apply:

• More than 5 business days' notice: Full deposit refund. No cancellation fee.
• 3–5 business days' notice: 50% of any deposit paid is forfeited to cover mobilisation costs (labour rostering, truck reservation, equipment preparation).
• Less than 3 business days' notice: 100% of any deposit is forfeited. If no deposit was taken, a cancellation fee equivalent to 20% of the quoted clearance fee may apply, at our discretion.

We understand that estate situations can change rapidly and we will always try to accommodate rescheduling requests without penalty where practicable.

4.2 Cancellation 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.

4.3 Tier 1 Farewell (Takahi Whare / Karakia) — Special Notice

If a Tier 1 Māori farewell 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 koha contribution being invoiced by the Company to cover the kaumātua's preparation and travel costs. We will advise the applicable amount at the time of cancellation.

Scope of Services & Exclusions

5.1 What 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
• A written aftercare report delivered to the estate executor or Client contact within 24 hours of clearance completion

5.2 Items 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)

5.3 Items 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.

5.4 Māori 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.

Salvage, Auction Proceeds & Free or Discounted Clearance

6.1 Salvage 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.

6.2 No 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. The Company accepts no liability for items that do not sell at auction or that sell below the Client's expectations.

6.3 Auction House Commissions

Auction houses deduct their commissions from sale proceeds before payment is made to the Company. These commissions vary by auction house and item value and are not within our control. Indicative rates at the time of these Terms are:

• Cordy's: 15% + GST seller's commission on items selling above $100
• Rata Auctions: 25–40% seller's commission (graduated by sale price)
• Webb's Estate: negotiated individually — confirmed in writing before consignment
• Green Bay Auctions: 17.5% buyer's premium; outright purchase available

Net Salvage Proceeds (after commission deduction) are passed to the Client or estate within 14 days of receipt by the Company.

6.4 Goods 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.

6.5 Unclaimed or Unsaleable Goods

Goods that cannot be sold, donated, or returned to the Client within a reasonable time will be disposed of at a licensed transfer station. The Client will be notified before disposal of any Goods the Company believes may have residual value.

Farewell Framework — Terms Specific to Each Tier

7.1 All 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.

7.2 Tier 1 — Māori Farewell (Takahi Whare / Karakia)

Where a Tier 1 farewell 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 koha contribution ($350–$500, itemised in the Quote) is payable as part of the clearance fee. This represents a formal acknowledgement of the kaumātua's time, mana, and travel, and is non-negotiable.
• 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.

7.3 Tier 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.

7.4 Tier 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.

7.5 Additional 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.

Photography, Privacy & Data

8.1 Photography 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 Cordy's, Webb's, Rata, or Green Bay Auctions 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. Photographs are stored securely and deleted after 12 months from the date of clearance, unless required for ongoing legal or insurance purposes.

8.2 Personal Information

We collect personal information (name, contact details, property address, relationship to the deceased, and other details provided on our booking form) for the sole purpose of delivering 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 /privacy-policy.

We comply with the New Zealand Privacy Act 2020. Shogo is our designated Privacy Officer.

8.3 Booking Form Data

Information submitted via our online booking form is transmitted and stored securely. We use third-party form services (such as Formspree) to process form submissions. These services operate under their own privacy policies and are used solely to deliver your enquiry to us. Form data is not used for any marketing purpose.

Property Access & Client Responsibilities

9.1 Access

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 one half-day's labour costs.

9.2 Client 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.

9.3 Items 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. The Company accepts no liability for items disposed of that were not identified to us as retained items before work commenced.

9.4 Structural 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 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).

Insurance & Limitation of Liability

10.1 Company Insurance

The Company holds:

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

Evidence of insurance coverage is available on request.

10.2 Items of Undisclosed Value

Our insurance coverage for Goods in transit is based on 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. We accept no liability for loss or damage to items whose value was not disclosed at or before the site assessment.

10.3 Limitation of Liability

To the fullest extent permitted by New Zealand law:

• Our total liability to the Client for any single claim shall not exceed the total clearance fee paid by the Client for the relevant job.
• 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.
• Nothing in these Terms limits liability for personal injury or death caused by our negligence, or for any liability that cannot be excluded by law under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

10.4 WorkSafe Compliance

All clearance work is carried out in accordance with WorkSafe New Zealand guidelines. Workers are pre-vetted and trained in safe manual handling practices. 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.

Licensing, Legal Compliance & Waste

11.1 Waste Collector Licence

The Company operates under an Auckland Council Waste Collector Licence as required by the Waste Minimisation Act 2008 and Auckland Council bylaws. We comply with all applicable New Zealand waste disposal regulations, including the national waste disposal levy.

11.2 Responsible 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.

11.3 Firearms and Controlled Items

If firearms, ammunition, or controlled substances are discovered during a clearance, work will be paused on those items and the Client will be contacted immediately. Firearms must be surrendered in accordance with the Arms Act 1983. We will assist the Client in contacting the appropriate authorities but cannot handle or transport these items.

Disputes & Governing Law

12.1 Resolving 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.

12.2 Governing 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.

12.3 Consumer 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.

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 homeandheartclearance.co.nz/terms-and-conditions. We will not apply updated Terms retrospectively to confirmed bookings without your written consent.