Garden Solutions Limited – Terms & Conditions
1. Introduction. These terms and conditions apply to work carried out by Garden Solutions Limited and in agreement with the Client.
2. Quotation. All quotations are valid for 30 days and inclusive of GST.
2.1 Quotations costed from sketches and plans designed by Garden Solutions Limited remain the property of Garden Solutions Limited;
2.2 Any extra work beyond that specified in the original quotation may be re-quoted;
2.3 A contract is created and the Client is bound by the price when the Client accepts the quotation from Garden Solutions Limited.
3. Deposit. A deposit of 50% of the agreed contract price is payable prior to commence-ment of work.
3.1 in the event that the customer cancels the contract, Garden Solutions Limited has the right to do the following:
(i) The right to retain the deposit paid;
(ii) The right to deduct costs and return any balance;
(iii) The right to receive all or any outstanding amount payable on demand.
4. Method of payment. Garden Solutions Limited will accept payment in the form of cash, cheque and/or internet banking.
4.1 The balance of the contract price is payable upon completion of the work and due for payment no later than 7 days after completion;
4.2 Upon late payment of the balance a 10% interest charge will be added to the outstanding payment due;
4.3 If the outstanding balance has not been paid within 20 days of completion of work, an additional 10% will be added.
5. Recovery of Goods Supplied. Garden Solutions Limited has the right to remove any plants, shrubs, trees, structural features etc, in the event of any unpaid overdue invoice.
5.1 Garden Solutions Limited have the right to enter onto the property of the Client for the purpose of carrying out any contracted work;
5.2 To enter onto the property for the delivery and/or removal of materials.
6. Liability. Garden Solutions Limited will meet all obligations under the Consumer Guarantees Act 1993, and replace any goods that they deem faulty or in need of repair due to manufacturing defects.
7. Risk. Garden Solutions Limited is solely responsible for any tools and equipment owned by the company and brought onto the Client’s property, and shall only be used by employees of Garden Solutions Limited.
7.1 Garden Solutions Limited is not liable for any accidents, incidents or events that occur due to carelessness of tools and equipment, inappropriately handled by persons who do not work for Garden Solutions Limited;
7.2 The Client bears the risk of materials delivered onto their property and shall become the responsibility of the Client.
8. Scope of work. Prior to commencement, Garden Solutions Limited will outline any proposed work the company agrees to perform.
8.1 Any necessary permit, resource consent or building consent required by law from the relevant local authority, will be obtained by Garden Solutions Limited.
8.2 All costs incurred as required to cover 8.1 will be added to the invoice for the work.
9. Location of boundary lines and all subsurface utility and service lines. Garden Solutions Limited require the Client to locate and provide the Company with information as to the boundary lines, utility and service lines prior to the commencement of any work;
9.1 Garden Solutions Limited shall rely on the accuracy of the information and the Company shall not be liable for any costs or damages as a result of any errors or omissions from the information provided, or not provided by the Client.
10. Intellectual Property. Any plans, drawings, photographs and specifications remain the intellectual property of Garden Solutions Limited.
10.1 On consultation with the client, Garden Solutions Limited may request the right to use photographs for promotional use and publications.