Defined Terms
In this Contract Agreement:
- “Principal”, “You” or “Your” refers to the party identified as the Principal.
- “Contractor” refers to The Auckland Landscape Company Limited.
- “Contract Works” refers to the works that the Contractor has agreed to undertake.
- “Contract Price” refers to the price that the Principal will pay for the Contract Works.
- “Contract” is this agreement signed by both the Principal and the Contractor.
- “Construction Site” refers to the physical location of where the Contract Works will be performed.
- “Payment Schedule” has the same meaning as defined in s 21 of the Construction Contracts Act 2002.
Agreement of the Parties
The Principal and Contractor will carry out and fulfil all obligations imposed on them by the Contract.
The Contractor will carry out and complete the Contract Works for the Contract Price, or such greater or lesser sum as may become payable under the Contract, and will remedy defects as required by the Contract and at law with all reasonable diligence.
All labour, plant, equipment, materials, and services will be supplied by the Contractor.
The Principal warrants that they are the owner of the property or are authorised by the owner to carry out the works. The Principal shall ensure the Site is clear of debris before works commence and shall coordinate with any other contractors to allow unimpeded access and completion of the Contract Works.
Payment Terms
Work is charged on a time and materials basis unless otherwise agreed upon in writing.
Labour is charged at $95 + GST per hour per person.
Travel is charged both ways from the Contractor’s yard in Papakura.
All materials, hire costs and disposals are charged at the standard retail price or estimated price.
A 50% deposit of the estimated Contract Price is payable on acceptance of estimate or quote. This deposit will be taken off the final invoice, with any balance refunded if applicable.
If the Principal cancels the Contract after accepting, the 50% deposit is non-refundable. The Contractor is entitled to retain this amount to cover costs, materials, scheduling, and losses incurred. If actual costs and losses are less than the deposit, the Contractor may, at its discretion, refund the balance.
The Contract Works may be invoiced regularly as the works progress. Payments are due within 4 working days of invoice date. Final payment is required within 4 working days of completion.
Under the Construction Contracts Act 2002, the Principal may respond to any invoice by providing a Payment Schedule within 4 working days of issue.
Any issues with invoices or Contract Works must be raised before the invoice due date. If remedials or disputes arise after the due date, the Contractor may halt Contract Works until payment is made.
If payment is not made when due, the Contractor may suspend the Contract Works immediately until payment is received. Suspension of works for non-payment will not be treated as a breach of contract by the Contractor.
A 2% fee will be charged for late payment, plus an additional 2% per month on overdue balances. Interest compounds at 2% monthly.
The Principal will be liable for all costs incurred by the Contractor (including legal costs as between solicitor and own client) in collecting any money owed.
All materials remain the property of the Contractor until fully paid for. The Contractor reserves the right to reclaim materials if invoices remain unpaid, and the Principal remains liable for the Contract Price.
No retention will apply to this Contract. All payments are due in full as per the agreed Payment Schedule
All sums payable to the Contractor must be paid in full without set-off, deduction, counterclaim, or withholding of any kind, except as required by law.
This Contract is subject to the Construction Contracts Act 2002.
Consents and Approvals
The Principal is responsible for obtaining all consents and approvals needed for works, including building consents and Code Compliance Certificates, unless otherwise arranged.
The Contractor will do its best to inform the Principal of any consent requirements, but will not be liable if this advice is incomplete or omitted.
Site Requirements
The Contractor requires access to power on site. If none is available, generator hire will be charged.
The Contractor requires access to a toilet on site. If none is available, portaloo hire will be charged.
The Principal accepts that in order to access and carry out the works, damage may occur to lawns, driveways, retaining wall, paths and other access areas. The Contractor will take reasonable care but will not be liable for such damage. The Principal acknowledges this risk and will not pursue the Contractor for repair or reinstatement costs.
Unless accurate plans showing the exact location and depth of underground pipes, wires, tanks, or cables are provided by the Principal before work starts, the Contractor will not be liable for any damage caused. The Principal is solely liable for such damage.
The Contractor is not responsible for vandalism or material theft. Securing the site is the Principal’s responsibility.
Materials and Workmanship
Concrete is a porous and imperfect product. Minor defects are common in concrete steps and walls and are accepted by the Principal. The Contractor is not liable for weather damage to placed concrete.
Efflorescence can occur with most concrete products. It is the Principal’s responsibility to clean efflorescence. It may fade naturally over time or can be removed with a stiff brush.
Timber is a natural product. Warping, cupping, and splitting are expected to some degree. The Contractor is not responsible for timber movement after installation.
Variations in colour and texture of natural products are expected. The Contractor will blend products as best as possible but will not replace at its cost once laid.
If specified materials cannot be procured on reasonable terms, the Contractor may substitute with products of similar value and quality.
Errors and Defects
Minor errors on site will be remedied at the Principal’s cost.
Major defects in workmanship that breach duty of care will be remedied at the Contractor’s cost. The Contractor will determine what is considered minor or major.
Outdoor landscape construction is not a perfect process. Minor discrepancies in layout, spacing, and placement of structures are acceptable.
The Contractor provides a workmanship warranty for a period of 12 months from the date of completion. This covers defects in workmanship but does not cover natural product variations (including timber movement, concrete imperfections, or efflorescence), damage caused by misuse, lack of maintenance, weathering, or general wear and tear.
For planting works, the Principal acknowledges that a plant loss rate of 5–10% is expected after planting and is considered part of normal establishment and maintenance. Replacement of plants within this range is not covered under warranty. Plant survival depends on ongoing care and maintenance by the Principal, including watering, pest and disease control, and appropriate seasonal care. Any replacement planting requested by the Principal will be supplied and installed at the Principal’s cost.
Variations
All changes to the scope of work should be agreed when they arise.
Verbal instructions given on site and acted upon by the Contractor are deemed accepted by the Principal and may result in additional charges.
The Contractor will do its best to confirm variations in writing (text or email).
Working Hours and Health & Safety
Work will be carried out between 7:30 AM and 5:30 PM on weekdays. Saturday work may occur occasionally. No work will take place on Sundays or public holidays unless agreed in writing.
The Contractor will comply with the Health and Safety at Work Act 2015. The Principal agrees to maintain a safe and hazard-free environment for the duration of works and comply with safety advice from the Contractor.
Dispute Resolution
Any dispute not resolved within 14 days may be referred to mediation.
A mediator will be appointed by agreement, or failing agreement, by the NZ chapter of LEADR.
Mediation costs will be shared equally.
Limitation of Liability
The Contractor’s liability in connection with the Contract Works is limited to the cost of remedying any direct loss or damage caused by defective workmanship or materials supplied by the Contractor. The Contractor will not be liable for any indirect, special, or consequential loss, including but not limited to loss of profit, loss of use, loss of business, or any other financial loss or expense incurred by the Principal.
Force Majeure
Neither party shall be liable for delay or failure to perform if due to events beyond reasonable control including war, civil disorder, pandemic, severe weather, acts of God, flooding, or material shortages.
The Contractor may pass on any rapid increase in the price of materials to the Principal.
Marketing and Feedback
The Principal accepts that photos and videos may be taken before, during, and after the project and may be used for promotional purposes unless the Principal notifies the Contractor in writing before the project starts.
The Principal agrees to complete a short customer survey at the end of the project.
Default and Termination
The Contractor may suspend or terminate the Contract immediately if the Principal becomes insolvent, bankrupt, is placed in liquidation or receivership, or fails to make payment when due. In such cases, the Principal shall reimburse the Contractor for all direct costs and expenses incurred up to the date of suspension or termination.
General Terms
These terms are governed by New Zealand law. Both parties submit to the jurisdiction of New Zealand courts.
If any provision is found invalid or unenforceable, the remainder of the terms remain in force.
For the purposes of the Contracts (Privity) Act 1982, obligations under these terms may be enforced by the Contractor or any person named in these terms, even if they did not sign them.
