Terms of Trade

The standing terms that apply to every project carried out by The Auckland Landscape Company Ltd.

Version 1.0 · May 2026

These Terms of Trade apply to all work carried out by The Auckland Landscape Company Ltd (the Contractor) for the Principal. Where signed alongside a project-specific Contract Agreement, both documents are read together; in the event of conflict, the Contract Agreement prevails.

By accepting an estimate or signing a Contract Agreement with The Auckland Landscape Company Ltd, the Principal confirms they have read, understood and accepted these Terms of Trade.

01

General Obligations

  • Both parties 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 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 unless otherwise agreed in writing.
02

Payment Terms

  • Work is charged on a time and materials basis unless otherwise specified in the Contract Agreement. Labour is charged at the rate set out in the Contract Agreement. 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 upon signing and prior to the works being scheduled. The deposit will be taken off the final invoice, with any balance refunded if applicable. No work will be booked or scheduled until the 50% deposit has been received in full.
  • Travel is charged per hour both ways from the Contractor’s yard in Papakura.
  • If the Principal cancels the Contract after accepting, the 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.
  • 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 unless specifically agreed in the Contract Agreement. 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.
03

Consents and Site Conditions

  • The Principal is responsible for obtaining all consents and approvals needed for the 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.
  • 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 walls, 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 Principal acknowledges that some existing structures, including fences, retaining walls, paths, decks, services and surrounding ground conditions, may be aged, rotten, unstable, non-compliant or otherwise unsuitable once exposed. The Contractor is not responsible for pre-existing defects or failure of existing structures. Any additional work required to repair, strengthen, replace or make safe existing structures will be treated as a variation and charged on a time and materials basis.
  • The Contractor is not responsible for vandalism or material theft. Securing the site is the Principal’s responsibility.
04

Materials and Workmanship

  • Concrete is a porous and imperfect product. Minor defects are common in concrete steps, walls and similar elements, 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.
  • 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 in good faith and on reasonable grounds what is considered minor or major. Where the Principal disagrees, the dispute resolution process at clause 9 applies.
  • Outdoor landscape construction is not a perfect process. Minor discrepancies in layout, spacing and placement of structures are acceptable.
05

Workmanship Warranty

  • 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.
  • The Principal must notify the Contractor of any defect in writing within the warranty period. The Contractor will have 20 working days from receipt of notice to inspect and, where warranted, remedy the defect. Failure to notify the Contractor in writing within the warranty period extinguishes the claim.
  • 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.
06

Variations and Site Instructions

  • 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).
07

Programme, Delays and Access

  • 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 use reasonable endeavours to complete the Contract Works within any estimated timeframe provided. However, days lost to adverse weather, material supply delays, subcontractor availability, consent delays, or any hold-up caused by the Principal or third parties will automatically extend the programme day-for-day. The Contractor will not be liable for any delay arising from such causes.
  • The Principal must respond to queries, approve variations and provide site access within 5 working days of request. If the Principal fails to respond or provide access within this period, the Contractor may reschedule the works at its discretion. Any costs associated with demobilisation and remobilisation, including additional travel, set-up and lost scheduling time, will be charged to the Principal on a time and materials basis.
08

Subcontracting and Health & Safety

  • The Contractor reserves the right to sub-contract any part of the Contract Works to suitably qualified tradespeople or specialists. The Contractor remains responsible for the quality of all sub-contracted work as if it were carried out by the Contractor directly.
  • 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.
09

Disputes and Liability

  • 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.
  • 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.
  • 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.
10

Debt Recovery

  • The Principal will be liable for all costs incurred by the Contractor in recovering any overdue amounts, including legal fees (as between solicitor and own client), debt collection agency fees, and any associated administration costs.
  • Where permitted by law, including under the Construction Contracts Act 2002, the Contractor may seek a charging order or other available recovery remedy in respect of unpaid amounts.
  • 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.
11

Photography, Promotion and Customer Survey

  • The Principal consents to photos, videos and drone footage being taken before, during and after the project. This content may be used by the Contractor for promotional purposes including but not limited to the Contractor’s website, social media, print materials and advertising. This consent remains in effect unless the Principal withdraws it in writing prior to the commencement of the Contract Works.
  • The Contractor will not intentionally publish images that identify private family members, children, the interior of the home, or visible security systems, without separate written consent from the Principal.
  • If at any time after publication the Principal requests removal of specific images, the Contractor will use reasonable endeavours to remove them from owned channels (website and social media accounts under the Contractor’s control) within 10 working days. Images already syndicated to third-party platforms (Google Business, awards entries, etc.) or in print may not be retrievable.
  • The Principal agrees to complete a short customer survey at the end of the project.
12

Governing Law and General Provisions

  • 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.

By accepting an estimate or signing a Contract Agreement with The Auckland Landscape Company Ltd, the Principal confirms they have read, understood and accepted these Terms of Trade.

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