Terms & Conditions

1. Definitions

In these terms of trade unless the context otherwise requires:

Buyer means the person, or company, buying the goods and/or services from the Company.
Company means Absolute Landscaping Solutions Limited.
Contract means the contract between the Company and the Buyer for the purchase of the Products and Services and includes the Quotation and these terms of trade.
Contract Price means the price of the goods and/or the Products and/or services as agreed between the Buyer and the Company and Price has the corresponding meaning, but does not include repair or reinstatement work to footpaths and/or driveways which cost shall be in addition to the Contract Price.
Date of the Contract means where the Contract arises from a Quotation given by the Company, the date upon written notification of acceptance of the Quotation is received by the Company.
PPSA means the Personal Property Securities Act 1999.
Person includes a corporation, association, firm, company, partnership or individual.
Products and Services mean the products and/or services and/or goods being purchased by the Buyer from the Company, and/or the Work being performed for the Buyer by the Company, but shall not include any work on the Buyer’s property done by the buyer in preparation of the Work, including delineating the boundaries of the property, which shall be the sole responsibility of the Buyer.
Quotation means a written quote for the goods, Products or services supplied by the Company to the Buyer.
Work means the landscaping and other such work performed by the Company at the property owned by the Buyer as set out in the Contract.

2. Quotation

The Buyer may request a Quotation from the Company setting out the Price of the Goods and/or the Products and Services to be supplied. If the Quotation is acceptable to the Buyer, the Buyer shall accept the Quotation in writing (which includes email or text) within 14 days of receiving it after which the Quotation will lapse. This quote is an indication of the completed price and not a set quotation there may be a variation at time of invoice. Anything not written in the quote, will be invoiced as an extra.

3. Acceptance

If the Buyer accepts the Quotation, it shall also constitute acceptance of the terms and conditions contained herein which are deemed to have been delivered to the Buyer at the time of the Quotation. These terms and conditions shall be deemed to be accepted by the Buyer once the Quotation is accepted by the Buyer.

4. Terms and Conditions

These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the Products and Services made by the Buyer after the date and time at which these conditions are delivered to the Buyer.

5. Price and Payment

The Price for the Products and Services shall be as indicated on invoices provided by the Company to the Buyer and in line with the Quotation. Time for payment for the Products and Services shall be of the essence and will be stated on the invoice and Quotation. The Company reserves the right to vary the Price at its discretion in the event of increases in the cost of supplies or labour or products after the Quotation has been accepted.

6. Payment, Late Payment, Default of Payment and Consequences of Default of Payment

The Buyer shall pay for the Products and Services by cash, or by direct credit into the nominated bank account of the Company, or by any other method as agreed to between the Buyer and the Company.
Subject to any provision to the contrary in the Contract, payment shall be received immediately upon receipt of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the Products and/or Services or completion of the Work. Late payment shall incur interest at the rate of 14% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date. Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the Work. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause. If for any reason the buyer would like to query or dispute the invoice, this must be done within 2 days from the date of the invoice. Otherwise the company shall invoke clause 6.2 of this agreement and begin recovery proceedings.

6.1 In the event that:

Any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer. Then without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of the Work that remains unperformed, and without prejudice to any other remedies all amounts owing to the Company by the Buyer shall, whether or not due for payment, immediately become payable.

6.2 Debt Recovery

Absolute Landscaping Solutions Ltd reserves the right to take action against you to recover outstanding debt. You are liable for all expenses (including but not limited to court costs, legal fees, collection agency fees, and a $30 administrative fee) that Absolute Landscaping Solutions Ltd incurs in collecting that debt.

7. PPSA

The Contract constitutes a security interest in any goods supplied by the Company for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts. To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which are for the Buyer’s benefit, or place any obligations on the Company in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply. To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by the Company. The Buyer agrees to treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security interest and any unsecured creditors, regardless of whether the goods have become fixtures at any time before payment has been made for them.

8. Governing laws

The Contract will be interpreted in accordance with applicable laws of New Zealand, which will have exclusive legal jurisdiction over any dispute in relation to the Work and/or the Contract.

9. Dispute resolution

The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without prejudice the Company’s legal rights and/or remedies.

10. Boundary

If any work is to be undertaken along the boundary of the buyer’s property. The boundary line must be clearly laid out by the buyer or a registered surveyor. No responsibly is taken by the company in regards to boundary issues.

11. Unforseen Difficulties

Where the Contractor encounters unforeseen difficulties in respect of the Site, including such matters as hidden rock, underground services, fill or toxic materials (which could not previously have been detected by the Contractor by a visual inspection of the Site),

If these unforeseen issues do arise the Contractor shall immediately consult the Client and:

(a) the parties may negotiate to determine the extent of the additional work required, and any resultant amendments to the price directly resulting from additional costs incurred; or

(b) either party may immediately terminate the contract, whereupon the Client shall pay to the Contractor the value of all Landscape Works completed at such date.

12. Footpaths and Driveways

Absolute Landscaping Solutions Ltd will attempt to mimimise any damage to footpaths and driveways however in the event that our equipment causes settling, cracking or other damage to footpaths and/or driveways. Then the repairs are not included in this contract price.

13. Reservation of title

Pursuant to clause 7 herein, ownership and title of any goods owned by the Company in relation to the Work remains with the Company until the Price and all other monies owing by the Buyer, under the Contract have been paid in full.

14. Warranty

15. Liability

The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the Contract. The Buyer indemnifies the Company from any claim for damage to cables or other such materials stored under the property of the Buyer which are damaged through excavation work performed by the Company or any other damage of any kind to the buyers property. In particular, the Buyer indemnifies the Company for any liability the Company may suffer under the Telecommunications Act 2001, including any damage from work performed by any of the Company’s servants, agents or contractors. The Company shall not be liable for any loss, damage or injury caused to the Buyer’s property, or the Buyer’s servants, agents, contractors, visitors, tenants, trespassers or other persons.

16. Continued Maintenance

Continued Maintenance on the landscaping work is the sole responsibility of the home owner. Including but not limited to weeding, lawns and hedge trimming.

17. Spoil

All Spoil from earthworks/drilling to remain onsite unless specified in quote

18. Movement

The company shall not be liable for any movement, warping, cracking or any other damage that can naturally occur over time.

19. Supplier Price Alterations

Due to the volatility in supplier prices, we reserve the right to pass on any price increases that occur between time of quote and time of invoice.

20. Worksite Area

Worksite needs to be cleared of all obstacles prior to the start date. This includes but is not limited to outdoor heatpump units.