Defined Terms:
In this Contract Agreement:
(a) “Principal”, “You” or “Your” refers to the party identified in the Contractors Contract Agreement as the Principal;
(b) “Contractor” refers to Auckland Landscape Company Limited;
(c) “Contract Works” refers to the works that the Contractor has agreed to undertake;
(d) “Contract Price” refers to the price that the Principal will pay for the Contract Works;
(e) “Contract” is this contract that is signed by Principal and the Contractor; and
(f) “Construction Site” refers to the physical location of where the Contract Works will be performed; and
(g) “Payment Schedule” has the same meaning as defined in s 21 of the Construction Contracts Act 2002
The Parties Agree that:
• The Principal and Contactor 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 of the Contract and will remedy all 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.
Payment Schedule:
The Contract Work is to be charged on a time and material basis.
$82 + GST per hour per person travel is charged both ways from the Contractor’s yard in Papakura. All materials, any hire cost and all disposals will be charged to the Principal at the standard retail price.
1st September 2023: $89 + GST per hour per person travel is charged both ways from the Contractor’s yard in Papakura. All materials, any hire cost and all disposals will be charged to the Principal at the standard retail price.
The Contractor requires a 50% deposit of the estimated Contract Price, which is payable upon signing of this Contact by both parties. The deposit will be taken off Your final invoice. If applicable, any remaining balance of the deposit will be refunded.
The Contract Works may be invoiced regularly as the Contract Works progress. Invoice payments are due within 4 working days of the date of invoice.
The final payment is required within 4 working days of the Contract Works being completed.
Any issues with invoices or Contract Works must be brought up before the due date of the invoice. If minor remedials or disputes arise after the due date, the Contractor retains the right to halt Contract Works until payment is made. Under the Construction Contracts Act 2002 the Principal can respond to an invoice by providing a Payment Schedule to the Contractor within four (4) working days of the issue of any invoice.
You will be liable to pay all the Contractor’s costs and expenses (including legal costs calculated as between solicitor and own client) in enforcing the Contract.
The Contract Price and deposit is payable to The Auckland Landscape Company: 01-0183-0460527-00
GST Number: 119-271-401
Dispute Resolution
Any dispute arising between the parties which has not been resolved within 14 days may be referred to mediation by either of the parties. The mediator will be appointed by agreement between us or, where the parties cannot agree within 14 days, by the chairperson or any other office holder of the New Zealand chapter of LEADR. The mediator will conduct the mediation in accordance with the guidelines agreed between the parties or, if the parties cannot agree within 14 days following appointment of the mediator, the guidelines set by the mediator. The costs and expenses of the mediator will be shared by the parties equally.
General Terms:
A 2% fee will be charged for late payment.
An additional 2% will be charged on the balance of overdue accounts per month.
The Principal will be liable for all costs incurred by the Contractor (including legal costs) in collecting or attempting to collect any money due by the Principal to the Contractor.
All materials are the Contractor’s property until fully paid for by the Principal. The Contractor reserves the right to reclaim materials if an invoice is not paid by the due date. The Principal will still be held liable for the Contract Price.
If any materials, finishes, or products have been outlined in the Contract and cannot be procured, or owing to supply constraints, cannot be procured on reasonable terms or in a timely manner, the Contractor will substitute any materials which are of a value and quality as near as reasonably practicable to the specified materials.
Minor errors occur on all job sites. Any minor errors made while the Contract Works are being performed will be remedied at the Principal’s cost. Any major defects in materials or workmanship which breach duty of care will be fixed at the Contractor’s cost by the Contractor. The Contractor will deem what is considered major and minor errors.
During the concrete installation process adverse weather may affect the finished product. The Contractor will do it’s best to minimise risk of rain damage. However, the Contractor will not be liable to any type claim if weather causes damage to placed concrete.
Concrete is a porous and imperfect product. Minor defects are common in concrete steps and walls and are deemed to be accepted by the Principal and will not be considered a defect in materials or workmanship. If the Principal would like to discuss alternatives for the Contract Works please feel free to contact the Contractor.
Efflorescence can occur with most concrete products. It is the Principal's responsibility to clean the efflorescence. Most efflorescence will naturally disappear over time, however its removal can be accelerated by brushing with a stiff dry brush. The use of a dust pan or vacuum cleaner to collect the salts after brushing is recommended as this will prevent salts from re-entering the brickwork or any porous paving materials below.
In the event that war, civil disorder, pandemic, acts of government, severe weather conditions, including drought, storms, acts of God, flooding, causes delay in completion of the Contracted Works, the Principal will have no right of claim against the Contractor. The Contractor also retains the right to pass on any rapid increase in the price of materials onto the Principal.
The Principal is required to obtain any and all consents and/or approvals needed for works. The Contractor will do it’s best to inform the Principal of any consent requirements. However, the Contractor will not be liable to any type claim if the Contractors fails to inform the Principal of any consent requirements.
The Contractor is not responsible for building consents. All building consents and Code Compliance Certificates must be obtained by the Principal unless otherwise arranged.
The Contractor will require access to power on the Construction Site. If there is no power access on the Principal’s Construction Site there will be a per day charge to hire generators.
The Contractor requires access to a toilet on the Construction Sites , if there is no toilet access the Principal will be charged for portaloo hire.
Underground Services - Unless a plan showing the exact location & depth of underground pipes, wires, tanks or cables has been forwarded to the Contractor by the Principal (or their agent) prior to the commencement of the Contract Works, The Contractor shall be under no liability for any damage caused to such pipes, wires, tanks or cables as a result of work performed, or any damage to property resulting there from. The Principal shall be solely liable for any such damage.
The Contractor is not responsible for any vandalism or material theft during the Contract Works, it is the Principal's responsibility to ensure the Construction Site is secure.
The Principal accepts that in order to access and carry out work specified in the Contract, damage may be caused to lawns, driveways and paths by vehicles or machinery accessing the Construction Site. The Contractor will take reasonable care to prevent such damage, but will not accept liability for damage caused.
The Principal accepts that details, photos, and videos of the project (before, during, and after) may be used for social media and other marketing.
Any clean-up that is needed upon finishing construction is considered part of the project and will be completed at the principal's cost.
The Principal confirms that by signing the Contract they are also bound by the Contractor's full terms of trade which can be found here: aucklandlandscaping.co.nz/terms-of-trade
These terms and conditions will be governed by the law of New Zealand. You irrevocably agree to submit to the non-exclusive jurisdiction of the New Zealand courts.
The illegality, invalidity or unenforceability of a provision of the Contract under any law will not affect the legality, validity or enforceability of that provision under any other law or the legality, validity or enforceability of another provision.
For the purposes of the Contracts (Privity) Act 1982, You acknowledge and accept that Your obligations under these terms and conditions will be enforceable by the Contractor or any other person named in these terms and conditions, notwithstanding that the Contractor or they may not sign these terms and conditions.
