Current as of October 2023
1. Services Offered:
Yardworks (2022) Ltd. trading as Yardworks provides landscape maintenance services to residential and commercial customers in New Zealand.
Services may include lawn care, garden maintenance, tree pruning, weed control, construction of basic decking, fencing and retaining walls, and other related services, as agreed upon with the customer.
2. Customer Obligations:
The customer is responsible for ensuring access to the property and compliance with any necessary permits or approvals for the requested services.
The customer should provide accurate information regarding the scope of work and any specific instructions or preferences.
3. Estimates and Quotes:
Yardworks may provide estimates or quotes for services upon request. These estimates are based on the information provided by the customer and are subject to change upon visual inspection.
If there are changes in scope or additional work requested by the customer, our quote or estimate may be revised to reflect those changes, and both parties shall negotiate in good faith until an agreement on the nature of these changes or revisions, and the associated price for these changes or variations.
Yardworks is under no obligation to undertake any work associated with a variation or change to an agreed scope of works, until these variations and changes have been agreed to as above.
4. Payment Terms:
Payment is due upon completion of services unless otherwise specified in writing.
Weekly progress payments may be required
Unpaid invoices may incur late fees and interest charges, and if debt collection services are required, the customer is responsible for paying any costs associated with engaging these services.
5. Cancellation and Rescheduling:
Customers must provide a minimum notice period for cancellations or rescheduling of services, as specified in the service agreement (if applicable).
Yardworks reserves the right to charge a cancellation fee for late cancellations or no-show appointments.
Customer satisfaction is a priority, and Yardworks strives to meet or exceed customer expectations.
This contract is subject to the Construction Contracts Act 2002. Disputes shall be settled in accordance with the provisions of that Act.
7. Liability and Insurance:
Yardworks carries general liability insurance up to $1mil to cover damages or accidents that may occur during service.
Customers are responsible for informing Yardworks of any hazards or safety concerns on their property.
Yardworks shall exercise reasonable skill, care and diligence in the performance of their contracted work, but in respect of any loss or damage, the liability of Yardworks and its employees or agents shall be limited to the direct losses caused by Yardworks to the customer and arising out of Yardworks’ negligence, and does not include any other liability.
Either party may terminate this agreement, and/or suspend the carrying out of the agreed works until further notice, in the event that a liquidator, trustee and bankruptcy, receiver or receiver and manager is appointed in respect to the assets of the other party.
Yardworks reserves the right to terminate services due to non-payment of any payment by the due date specified in the agreement for services, quotes or estimates, or for safety concerns, or other valid reasons.
In the event that this agreement shall have been terminated, or if works have been suspended, the customer shall reimburse Yardworks all direct costs and expenses incurred as a result of the termination or suspension.
9. Force Majeure
No failure or omission by either party to carry out their obligations contained in this agreement shall, except in relation to obligations to make payment, result in any claim against the party or be considered a breach of this agreement if the failure or omission results from any cause reasonably beyond the each party’s control.
10. Governing Law:
These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand.
11. Changes to Terms:
The Company may revise these terms and conditions at any time, with notice to customers, and such revisions shall be binding on all future services.
12. Contact Information:
Yardworks (2022) Ltd. trading as Yardworks
Phone: 021 243 5537
Email: [email protected]
Please review these terms and conditions carefully. By using our services, you agree to be bound by these terms.