Terms & Conditions

1.                   Thank you for engaging our landscape design and garden maintenance services. To ensure you fully understand the terms of sale please read these terms and conditions carefully.

2.                   Definitions

2.1                In this agreement:

‘due date' shall mean the date which payment for goods or services is due, being seven (7) days after receipt of our invoice unless alternative arrangements have been made between you and us;

‘goods’ shall mean all goods provided by us to you and shall include, without limitation, all plants, landscape materials, building products, and decorative items, or any fee or charge associated with the supply of goods by us to you;

‘GST’ shall have the same meaning used in Goods and Services Tax Act 1985;

‘price’ shall mean the cost of the goods or services as agreed between us and you subject to clause 4 and clause 5 of these terms and conditions;

‘privacy policy’ means our privacy policy posted on the website from time to time;

‘services’ shall mean all landscape design services and ancillary services provided by us to you and shall include, without limitation, all charges for design work, and any fee or charge associated with the supply of services by us to you.

‘website content’ shall collectively mean all information and content available on the website, including but not limited to logos, text, buttons, icons, graphics, data compilation, images and audio clips;

‘terms and conditions’ shall mean the terms and conditions set out in this document;

‘we’, ‘us’ and ‘our’ shall mean Eve Lennard, sole trader and our subcontractors and employees;

‘website’ shall mean the website at www.psithurismdesign.co.nz;

‘works’ shall mean all services including landscape design services, garden maintenance activity, and supply of goods and labour;

‘you’ shall mean the customer, its agents and employees or any person acting on behalf of and with the authority of you, or any person purchasing goods or services from us.

3.                   Acceptance

3.1                 By placing any order for services or goods, you accept and agree to be bound by these terms and conditions without limitation or qualification.

3.2                 We may revise these terms and conditions from time to time by posting notice on our website or by giving notice to you (in person, by letter, or by email). We therefore strongly advise you to carefully read these terms and conditions whenever you make an order for services or goods or submit any information to us.

3.3                Any instructions or order received by us from you for the supply of services and goods shall constitute acceptance of these terms and conditions.

3.4                The terms set out in these terms and conditions override any terms set out in any email or letter sent by us to you if there is any inconsistency between them. 

3.5                We have absolute discretion as to whether your order is accepted and fulfilled.  If we have not commenced provision of services and goods we may cancel an order or any part of an order for any reason, including unavailability of goods. Where an order is cancelled we will use reasonable endeavours to notify you of the cancellation and we will provide a refund to you. We shall not be liable to you if we are unable or decline to supply services or goods for any reason.

3.6                Where you request variations to our services and goods we shall use our reasonable endeavours to comply with such request but are under no obligation to do so.

4.                   Quotations and Estimates

4.1                Where a quotation is given by us for goods or services:

(a)                  the quotation shall be valid for 14 days from the date of issue unless the quotation stipulates otherwise; and

(b)                  the quotation shall be exclusive of GST unless specifically stated to the contrary; and

(c)                  the quotation shall be subject to there being no variations or additional services or goods.

4.2                Where services or goods are required in addition to the quotation you agree to pay for the additional cost of those services or goods including in the following circumstances:

(a)                  Where you request changes to designs and/or scope of services.  All re-design work may be treated and charged as a new job.

(b)                  All additional services required due to conditions that could not have been reasonably foreseen by us, including unforeseen ground conditions and extra work locating of underground services.

4.3                In many instances we might provide an estimate to you for the number of hours we reasonably consider might be needed to complete services or an estimate of the quantum of required goods (e.g. mulch or fertiliser). Any estimates are provided as estimates made in good faith but do not in any way guarantee the final amount of services or goods that will be required.  The price charged will be based on the actual number of hours and actual amount of goods required for the project.

5.                   Price

5.1                The price shall be the total, including GST, of the quotation provided to you by us if accepted during the validity of the quote.

5.2                Where no price is stated in writing or agreed to orally the services and goods shall be supplied at our standard rate as at the date of supply.

5.3                The price may be increased by the amount of any reasonable increase in the cost of supply of the services or goods that is beyond our control between the date of the order and the date of the supply of the services or goods. We will communicate as promptly as possible with you where we envisage there may be a potential increase in the price.

6.                   Payment

6.1                We may require you to pay a deposit or a retainer prior to supplying you services or goods. We may withhold any services or goods until the deposit or retainer has been paid. We have the right to interim invoice or invoice in staged payments, particularly where a project is long and/or complex.

6.2                Payment for services or goods shall be made by you in full on or before the due date.

6.3                Where we permit you to use a credit card to pay an invoice, we may charge, or our payment service may charge, credit card fees in addition to the invoiced price.

6.4                Interest may be charged on any amount outstanding after the due date on any amount which is more than seven (7) days overdue at the rate of 2% of the outstanding amount per month.

6.5                Should you fail to pay your invoices by the due date then you shall pay our costs and expenses (including legal costs on a solicitor - client basis) which may be incurred in the recovery or attempted recovery of overdue amounts from you.

6.6                We may withhold or suspend the provision of any services or goods to you until the outstanding amount is paid. We will not be liable to you for any liability or damage incurred by you where we suspend or withhold our services.

7.                   Your obligations

7.1                Where services at your premises are required then you must provide us (including our agents, employees, and subcontractors) with safe and suitable access to the site, including for any necessary equipment.  You must also provide, at your cost, an electricity supply, water supply, and other amenities reasonably required to perform the services and ensure the premises are sound and in a state suitable for services including landscaping installation and planting.

7.2                You must identify to us the position or all utilities, underground services, and survey marks. You accept full responsibility for utilities and underground services and for any failure to provide such information and for providing incorrect or incomplete information to us.

7.3                You will be responsible, at your cost, to arrange any necessary permits, licences, consents, and approvals, required for the performance of the services in accordance with all relevant laws.

7.4                You agree to comply with all applicable laws, including all health and safety laws.

7.5                You must obtain your own insurance in respect of the works, if appropriate.

7.6                We reserve the right to refuse, suspend, stop, or cancel, the provision of services if we consider there is any risk to health and safety.

8.                   Plants

8.1                Every reasonable effort will be made to source best quality specimens, however you acknowledge that the health of plants is influenced by many factors outside of our control. We do not guarantee the continued health and viability of any plant, however replacement of certain plants may be attended to at our discretion. We will not replace plants that have died from exposure to drought conditions, high winds, abnormal winter conditions, under-watering, over-watering, adverse soil conditions, over-fertilising, pest or stock damage, or any other condition or act over which we have no control. 

9.                   Services and Intellectual Property

9.1                Except as otherwise expressly agreed in writing, all intellectual property including but not limited to our drawings, specifications, reports, plans, correspondences, sketches, computations, certifications, and producer statements, prepared or made by or for us for you or for any other person in connection with these terms and conditions shall remain our property and confidential between you and us and must not be disclosed, loaned, copied or otherwise without our prior consent.

9.2                Where our services include the provision of producer statements, certifications, reports or any other deliverables to you then we may withhold the release of those deliverables until full payment is received for our services.

9.3                All intellectual property rights in our services and goods provided by us to you are our property (or the property of our supplier) and you will not infringe on those rights.

9.4                You shall be deemed to have accepted our services, including any reports and certifications, unless you notify us within 5 days of us delivering those services to you.

9.5                You acknowledge and agree that we may use designs and photographs depicting our services and goods for marketing and promotional purposes including on our website.  We may use photographs and multimedia of landscape projects completed for you in our marketing and promotional material but would not use any material that would easily identify your property without your express consent.

10.                Limitation of Liability

10.1             The Consumer Guarantees Act 1993 (“CGA”), the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified.  In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or 30% of the fees paid under the invoice for the services and goods.

10.2             Except as otherwise provided by clause 10.1, we shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of services and goods to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the services provided by us to you.

10.3             The guarantees contained in the CGA are excluded where we provide goods or services for the purposes of a business in terms of sections 2 and 43 of the CGA.

10.4             We will not be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where such delay or failure is caused directly or indirectly from causes beyond our control (including any failure by any of our suppliers to supply on time).

11.                Third party Contractors

11.1             Where third party contractors or consultants are required in relation to your landscape or garden maintenance project then you are required to contract directly with those third parties. Although we may liaise with your third party contractors or consultants, we shall take no liability or responsibility for the actions or omissions of those third party contractors. You have responsibility for appointing your own suitable and appropriate third party contractors and any remedy for a claim or liability will be against them directly.

12.                Warranties

12.1             No representation, condition, warranty or premise expressed or implied by law or otherwise applies to goods or services except where goods are supplied or the services provided pursuant to the CGA.

12.2             We will not be responsible to you in any circumstance for any delays caused by or in any way related to or arising out of any cause outside of our reasonable control (force majeure).  This includes (but is not limited to) delays due to inclement weather and illness within our team although we would always use best endeavours to communicate with you regarding any potential delays.

13.                Indemnity

13.1             You indemnify us and our agents, subcontractors, and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis, that we or any of our officers, directors, agents, advisers or employees incurs or suffers as a direct or indirect result of the provision of services and goods by us to you or any breach of these terms and conditions by you.

14.                Privacy

14.2             Please read our privacy policy so that you understand how we collect, use and store information about you.

14.3             You agree that we may disclose information we hold about you to credit reporting and/or debt collection agencies, as necessary to recover any amount you owe us.  You also agree that we may obtain information about your credit history from appropriate agencies.

15.                Cancellation

15.1             In the unlikely event that we need to cancel your contract for services and goods for any good reason, we would use our best endeavours to communicate with you ahead of time.  We would never cancel your agreement unreasonably but we are a small team and in the event of illness or unexpected personal reasons, we reserve the right to cancel by giving you notice in writing including by email.

15.2             In the unlikely event that we need to cancel your contract then we would only charge for the services and goods supplied to date and would use best endeavours to help arrange a suitable replacement for you with as smooth a transition as possible.

16.                General

16.1             These terms and conditions shall be binding on the legal representatives, assignees and successors of both parties.

16.2             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.

16.3             No failure or delay on the part of either party in exercising any power or right under these terms and conditions will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power contained in these terms and conditions.