Terms and Conditions of Trade – Lawn Care Manawatu

Any verbal instructions received by you to commence work at your premises, and/or your acceptance of a written Quote provided by Lawn Care Manawatu shall constitute your acceptance of these terms and conditions and that you agree to be bound by these terms and conditions.

You agree that the following shall apply: 

1. Lawn Care Manawatu shall solely perform the services described (the “Services”).
2. All prices are exclusive of GST unless otherwise stated.
3. You shall provide Lawn Care Manawatu with all necessary information and access required to perform the Services.
4. Payment made in full and cleared funds is required no later than the date stipulated in each invoice, unless otherwise agreed by Lawn Care Manawatu.
5. Lawn Care Manawatu prefers payment to be made by either the “pay now” function on your electronic invoice, a Direct Bank Transfer or by scheduled Automatic Payment.
6. If you fail to provide payment of an invoice by the due date (without first advising Lawn Care Manawatu), a $7.50 administrative fee will be charged to your next electronic invoice to recover associated administrative costs.
7. If you default in payment, of any amount when due, you shall indemnify Lawn Care Manawatu from and against all costs and disbursements incurred (including solicitor/client costs on a full indemnify basis and collection agency costs), arising from, or consequent on, enforcement and/or collection of the overdue amount.
8. You agree that any default by you in relation to these terms and conditions entitles Lawn Care Manawatu to suspend or terminate the supply of Services and Goods.
9. Where the nature of the Services is such that it is covered by the Construction Contracts Act 2002 (“CCA”) and Lawn Care Manawatu has issued a payment claim in accordance with the CCA, the provisions of the CCA shall apply.
10. Any quote will be valid for 14 days from the date of issue.
11. Any unforeseen work or materials required to complete the Services may be charged for in addition to any amounts set out in the Quote, following consultation with you.
12. In the event Lawn Care Manawatu supplies any goods or materials in relation to the Services (“Goods”), Lawn Care Manawatu retains ownership of such Goods until payment of the goods are made in full and all risk in the Goods shall pass to you on delivery (or deemed delivery).
13. Where Lawn Care Manawatu has designed Goods or a type of Services for you, then the copyright in those designs shall remain vested in Lawn Care Manawatu, unless otherwise agreed by Lawn Care Manawatu.
14. Lawn Care Manawatu will take all reasonable care when providing the Service. Except to the extent required by law, Lawn Care Manawatu will not be liable to you for any loss, damage or expense you may suffer or incur in connection with the provision of Services and in any case, the liability of Lawn Care Manawatu will be limited to the actual direct damages suffered by you and will under no circumstances exceed the price of the services actually paid by you to Lawn Care Manawatu. Lawn Care Manawatu shall not be liable to your indirect, consequential, or special loss, or loss of profit, however arising, whether under contract, or otherwise.
15. Lawn Care Manawatu shall not be liable in any way to you or be deemed to be in breach of these Terms and Conditions if it fails to supply the Services because of anything outside of their reasonable control.
16. Where you are not a “Consumer” (as that term is defined in the Consumer Guarantees Act 1993) or where you are acquiring goods or services for the purpose of a business then:
    (i)The provisions of the Consumer Guarantees Act 1993 shall not apply;
    (ii) The only warranties, guarantees or undertakings we give you in relation to the Goods and / or Services (whether in relation to quality, fitness for purpose or otherwise) are those which we expressly stipulate to you in writing.
    However, where you are a Consumer, and are not purchasing Goods or Services for the purpose of a business, then notwithstanding anything contained in these Terms and Conditions you shall have all of the rights conferred on Consumers by the Consumer Guarantees Act.
17. A failure by Lawn Care Manawatu to exercise any right under these Terms and Conditions is not a waiver of, or variation to, that right.
18. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected prejudiced or impaired.
19. These Terms and Conditions shall be governed by the laws of New Zealand and are subject to the authority of the courts of New Zealand.
20. You irrevocably authorise Lawn Care Manawatu to disclose information about you whether collected from you directly or obtained from any other source to any credit provider or credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you.
21. Lawn Care Manawatu reserves the right to review these Terms and Conditions at any time. If following any review there is to be any change, that change will take effect from the date on which Lawn Care Manawatu provides notice. If you do not agree with the changes, you may stop using the Services provided by Lawn Care Manawatu.