Privacy Policy - It's Grass

1. DEFINITIONS AND INTERPRETATION1.1 Contractor means It’s Grass NZ, its directors, employees, contractors, subcontractors, agents, successors, assigns, and any person acting under its authority.
1.2 Client means the person, company, trust, partnership, organization, or entity requesting or receiving Services from the Contractor.
1.3 Services means all works, labour, consultancy, site preparation, hydroseeding, ready lawn installation, earthworks, cultivation, weed control, irrigation installation, landscaping, excavation, material supply, machinery hire, maintenance, and any related services supplied by the Contractor.
1.4 Materials means all seed, turf, topsoil, compost, mulch, fertilizer, chemicals, irrigation components, aggregates, machinery, equipment, and other products supplied by the Contractor.
1.5 These Terms and Conditions apply to every quotation, estimate, work order, invoice, contract, and supply of Services by the Contractor unless otherwise agreed in writing.
1.6 Acceptance of a quotation, payment of a deposit, verbal instruction to proceed, electronic confirmation, signing of a contract, or permitting work to commence shall constitute acceptance of these Terms and Conditions in full.
2. QUOTATIONS AND PRICING2.1 All quotations remain valid for thirty (30) calendar days from the date issued unless withdrawn earlier in writing.
2.2 Quotations are based solely upon site conditions visible and reasonably identifiable during inspection.
2.3 Quotations exclude any conditions concealed beneath the surface, including but not limited to:
buried concrete.
rock formations.
tree roots.
abandoned foundations.
contaminated soil.
construction debris.
underground services.
unstable ground.
unforeseen drainage issues.
2.4 Where hidden conditions are encountered, the Contractor may suspend work and issue a variation for additional costs.
2.5 Any estimate of quantities is approximate only and subject to adjustment based on actual requirements.
2.6 The Contractor reserves the right to adjust pricing where:
supplier prices increase.
freight costs increase.
fuel prices increase.
government charges increase.
material availability changes.
2.7 The Client shall pay any variation costs arising from:
additional work requested.
design changes.
unforeseen site conditions.
weather-related repairs.
Client-caused delays.
2.8 Variations may be approved verbally, electronically, or in writing and shall become immediately payable.
3. DEPOSITS3.1 The Contractor may require a deposit before:
scheduling work.
ordering materials.
securing subcontractors.
allocating machinery.
3.2 Deposits are non-refundable once materials have been ordered or scheduling commitments have been made.
3.3 Cancellation after acceptance may result in forfeiture of all deposits and reimbursement of costs already incurred.
4. PAYMENT TERMS4.1 Payment is due within seven (7) days of invoice unless otherwise agreed in writing.
4.2 Progress payments may be required for larger projects.
4.3 The Contractor may issue invoices at any stage of project completion.
4.4 No retention monies shall be withheld unless expressly agreed in writing.
4.5 Time shall be of the essence regarding payment obligations.
5. DEFAULT OF PAYMENT5.1 Any overdue amount shall accrue interest at 2.5% per calendar month calculated daily.
5.2 Interest shall continue until all amounts are paid in full.
5.3 The Client shall indemnify the Contractor against all debt recovery expenses including:
collection agency fees.
tracing costs.
legal fees.
court filing fees.
enforcement costs.
solicitor-client legal expenses.
5.4 The Contractor may:
suspend work.
cancel future bookings.
refuse further services.
repossess materials where legally permitted.
5.5 Suspension of work due to non-payment shall not constitute breach by the Contractor.
6. SITE ACCESS AND CLIENT RESPONSIBILITIES6.1 The Client shall provide unrestricted site access during normal working hours.
6.2 The Client warrants that access routes are suitable for:
trucks.
trailers.
excavators.
skid steers.
loaders.
heavy machinery.
6.3 The Contractor shall not be liable for reasonable damage caused by machinery operations including:
cracked driveways.
wheel ruts.
lawn damage.
broken pavers.
damaged edging.
6.4 The Client shall clearly identify and mark all underground services before work commences.
6.5 The Contractor may rely entirely upon information supplied by the Client regarding underground services.
6.6 Any damage caused to unidentified or incorrectly identified services shall be the sole responsibility of the Client.
6.7 Delays caused by restricted access shall be chargeable.
7. WEATHER, GROUND CONDITIONS, AND PROJECT DELAYS7.1 Landscaping and hydroseeding are weather-dependent activities.
7.2 The Contractor does not guarantee commencement dates, completion dates, or project durations.
7.3 Delays caused by weather shall not entitle the Client to compensation.
7.4 The Contractor may postpone work where conditions may compromise:
safety.
workmanship.
machinery operation.
establishment success.
7.5 Weather-related delays may require rescheduling based on Contractor availability.
8. LIVING PRODUCTS AND ESTABLISHMENT RISK8.1 The Client acknowledges that grass, turf, seed, plants, and soil are living products subject to environmental influences.
8.2 Successful establishment depends on factors beyond the Contractor’s control including:
irrigation.
rainfall.
temperature.
disease.
insects.
soil conditions.
maintenance practices.
8.3 Responsibility for plant and turf survival transfers to the Client immediately upon completion.
8.4 No guarantee is provided regarding:
germination rates.
establishment rates.
colour consistency.
growth speed.
drought tolerance.
8.5 Any replacement work shall be chargeable unless otherwise agreed in writing.
9. HYDROSEEDING-SPECIFIC CONDITIONS9.1 Germination timelines vary according to season and weather.
9.2 Washouts caused by rainfall, flooding, irrigation failures, or erosion are not covered.
9.3 Areas requiring reseeding due to weather shall constitute a new variation.
9.4 Birds, insects, animals, and pests may affect germination and are beyond Contractor control.
9.5 Uneven germination may naturally occur and does not constitute defective workmanship.
10. WEEDS, PESTS, AND SOIL CONDITIONS10.1 The Contractor does not warrant a weed-free lawn.
10.2 Weed seeds naturally exist in virtually all soil profiles.
10.3 Weed emergence following soil disturbance is normal and expected.
10.4 The Contractor does not guarantee against:
weeds.
fungal disease.
insect attack.
pest damage.
10.5 Ongoing maintenance and weed control remain the Client’s responsibility unless covered by a separate maintenance agreement.
11. TITLE AND PPSA11.1 Ownership of all Materials remains with the Contractor until payment has been received in full.
11.2 Risk in Materials passes to the Client upon delivery.
11.3 The Client grants the Contractor a security interest under the Personal Property Securities Act 1999.
11.4 The Client waives rights to receive verification statements under the PPSA.
11.5 The Contractor may enter property to recover unpaid Materials where permitted by law.
12. WARRANTIES AND CONSUMER GUARANTEES ACT12.1 Where Services are acquired for business purposes, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.
12.2 The Client must inspect all work immediately upon completion.
12.3 Any alleged defects must be reported in writing within seven (7) days.
12.4 Failure to notify within seven (7) days shall constitute acceptance of the Services.
12.5 The Contractor shall be given a reasonable opportunity to inspect and remedy any verified defect.
13. INSURANCE13.1 The Contractor maintains public liability insurance.
13.2 The Contractor shall not be responsible for insuring the Client’s property.
13.3 The Client remains responsible for obtaining any insurance required to protect their property or project.
14. LIMITATION OF LIABILITY14.1 To the fullest extent permitted by law, the Contractor excludes all indirect, consequential, special, and economic loss.
14.2 The Contractor shall not be liable for:
lost profits.
business interruption.
loss of opportunity.
loss of use.
loss of productivity.
14.3 The Contractor’s total liability shall not exceed the value of the relevant contract or invoice.
14.4 The Client indemnifies the Contractor against third-party claims arising from inaccurate information supplied by the Client.
15. HEALTH AND SAFETY15.1 The Contractor operates under the Health and Safety at Work Act 2015.
15.2 Clients shall keep children, pets, visitors, and unauthorized persons away from active work areas.
15.3 The Contractor may suspend work where safety risks arise.
15.4 Any delays caused by safety concerns shall be chargeable.
16. FORCE MAJEURE16.1 The Contractor shall not be liable for failure or delay caused by circumstances beyond reasonable control including:
extreme weather.
flooding.
earthquakes.
fires.
pandemics.
labour shortages.
fuel shortages.
supplier failures.
governmental restrictions.
16.2 Project schedules may be extended accordingly.
17. TERMINATION17.1 The Contractor may terminate the Contract immediately if:
payment is overdue.
the Client breaches these Terms.
site conditions become unsafe.
17.2 The Client remains liable for all work completed and costs incurred up to termination.
18. DISPUTE RESOLUTION18.1 The parties shall attempt to resolve disputes through good faith negotiation.
18.2 If unresolved within twenty-one (21) days, either party may refer the matter to mediation.
18.3 Nothing prevents the Contractor from pursuing debt recovery proceedings at any time.
19. GOVERNING LAW19.1 These Terms and Conditions are governed exclusively by the laws of New Zealand.
19.2 The parties submit to the exclusive jurisdiction of the courts of New Zealand.
19.3 If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.