Terms of Trade

1. SCOPE OF THE AGREEMENT

1.1 Subject to the terms and conditions of this Agreement:

1.1.1 ForknHoe Landscape Design undertakes to carry out the agreed works; and

1.1.2 the Customer undertakes to accept and pay for the agreed works.

2. CUSTOMER’S RESPONSIBILITIES

2.1 The Customer warrants that:

(a) the Customer is the owner of the property stated on the cover page of this agreement (“Site”) or is authorised by the owner of the Site to carry out the agreed works on the Site; and

(b) ForknHoe Landscape Design shall have free and unimpeded access to the Site for the purpose of carrying out the agreed works, and that (except where agreed otherwise) the Site will be cleared of all debris prior to commencement of the agreed works.

2.2 The Customer shall ensure that, if other parties are to be allowed access to the Site during the term of this agreement, this shall be by agreement with ForknHoe Landscape Design, and the Customer shall ensure that such other contractors are co-ordinated to allow unimpeded access to the Site or completion of works by ForknHoe Landscape Design.

3. FEES & CHARGES

3.1 A travel charge is incurred where the garden is 15km+ away from ForknHoe Landscape Design HQ, located in 117a Daffodil Street, Titirangi, Auckland 0604.  We use google maps to ascertain travel distances.

3.2 Garden waste removal is charged at the green waste charge from the transfer station. If there is flax, palm, or bamboo amongst the removals, the waste will have be dumped in the general waste area. Labour charge is added for removing and dumping the waste.

3.3 Fertilisers, sprays and all other materials as required are charged out separately.

3.4 Time required for sourcing plants and materials will be charged at the hourly rate.

4. CONTRACT SUM & PAYMENT

4.1 The Customer shall pay to ForknHoe Landscape Design the agreed price (“Contract Sum”) in the manner, at the rate and at the times provided in this agreement.

4.2 The Customer shall pay ForknHoe Landscape Design the amounts due under the clause 4.1 within due date stipulated on the invoice from ForknHoe Landscape Design unless prior arrangement is made where 20th of month following may be agreed or a progress payment may be required.

4.3 Where any monies owing under this agreement are not paid by the due date, the Customer shall pay interest equal to 1.5 times the interest rate payable by ForknHoe Landscape Design for its overdraft facilities at the time of the default. This interest shall be paid from the date on which the amount became due to the date of payment together with all debt collection costs incurred by ForknHoe Landscape Design.

4.4 All materials supplied by ForknHoe Landscape Design, including materials incorporated into the agreed works, shall remain the property of ForknHoe Landscape Design until payment has been made in full. ForknHoe Landscape Design shall be entitled to unrestricted access to the Site to dismantle and remove all agreed works and materials if payment is not made in accordance with this agreement.

4.5 If the Site is sold or is in any way disposed of, prior to all payments being made to ForknHoe Landscape Design, the Customer shall hold the proceeds of such sale or disposition in trust for ForknHoe Landscape Design to the extent that any monies remain owing under this agreement.

4.6 All sums are payable without deduction, set off, counter claim or cross demand of any kind.

5. VARIATIONS

5.1 The Customer may request modifications or amendments to the agreed works at any time during the term of this agreement and ForknHoe Landscape Design shall use its best endeavors to comply with all such requests, provided that the parties shall immediately negotiate in good faith to determine whether any such modifications or amendments are practicable and (where applicable) agree upon an amended price. ForknHoe Landscape Design shall not be required to commence work on any such amended works until the amended price is agreed.

5.2 Where any such modifications or amendments to the agreed works are agreed between the parties in accordance with clause 5.1, they shall be recorded in writing and signed by both parties, whereupon they shall be deemed to be incorporated into this agreement.

5.3 Where the parties do not reach agreement in accordance with clause 5.1, within 5 days of a request for an amendment, this agreement shall remain unchanged and shall continue to be binding on both parties.

6. LIABILITY

6.1 ForknHoe Landscape Design shall exercise reasonable skill, care and diligence in the discharge of its obligations under this agreement but in respect of any loss or damage, which in any way arises out of or is connected with the performance or non performance by or on behalf of ForknHoe Landscape Design of such obligations, the liability of ForknHoe Landscape Design and its employees or agents (whether in contract or in tort) shall be limited to the direct losses caused by ForknHoe Landscape Design to the Customer and arising out of ForknHoe Landscape Design’s negligence, to the exclusion of all other liability.

6.2 After practical substantial completion, ForknHoe are not able to accept responsibility for any damage through the elements, including drought, winds, rain, hail and frost to any products or material(s) including plants.

6.3 Severe weather conditions, including, drought, storms, lightning, acts of God, flooding, earthquake, may cause the delay of visits but this will not affect the agreed contract sum.

7. PHOTOGRAPHS

7.1 We may from time to time take photographs of our work on the site to be used for the purpose of demonstrating the types of work we undertake. The photos may be displayed on our website or social media sites. The photographs may mention the suburb in which they were taken, but will not be advertised with accompanying addresses at any time.

8. DEFAULT AND TERMINATION

8.1 Either party may terminate this agreement forthwith, or in the case of ForknHoe Landscape Design 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 of the assets of the other party.

8.2 ForknHoe Landscape Design may either terminate this agreement forthwith, or forthwith suspend the carrying out of the agreed works until further notice, in the event that the Customer fails to make any payment due to ForknHoe Landscape Design under this agreement by the due date on the invoice.

8.3 In the event that this agreement shall have been terminated, or the carrying out of the agreed works has been suspended pursuant to clause 8, the Customer shall reimburse ForknHoe Landscape Design all direct costs and expenses incurred as a consequence of such termination or suspension.