Terms & Conditions
For R Hyndman Landscape Architect Ltd (LTD)
1. Quotation
1.1 The Customer signing the Quote form and/or permitting the Work to start will mean he/she/it accepts
these terms and the Quote Date shall become the date of the agreement.
1.2 The Customer acknowledges that this is the whole agreement between the parties.
1.3 If the Quote shall not be first signed and returned by the Customer and any Guarantor, it may be
withdrawn at any time. If not withdrawn, the Quote shall remain valid for 30 days from Quote Date after
which time it will expire without further notice needed.
2. Ownership
2.1 All Work undertaken by LTD shall be the sole and absolute property of LTD until such time as the Customer has
paid LTD the Balance due in cleared funds.
2.2 To the extent the Work shall involve providing plans, specifications, designs, layouts and/or other intellectual
property:
2.2.1 Each party warrants they have the right to do that.
2.2.2 If not true, each indemnifies the other against any loss or cost suffered.
2.2.3 Nothing herein or elsewhere shall transfer exclusivity in the intellectual property in the Work and LTD
reserves all copyright and the ability to use any whole or part of the Work again elsewhere.
3. Commencement
3.1 LTD will endeavor to commence the Work at a time(s) to be agreed but will not accept any liability for any
consequence for failing to do so.
3.2 Where anything is done by LTD that does not form part of the Work quoted for but is considered by LTD to be part
of the same exercise, these terms shall extend to that work and LTD shall be entitled to make such additional
charge for that as shall be reasonable.
4. The Site
4.1 The Customer shall provide;
4.1.1 Suitable access to the Site.
4.1.2 Exact particulars as to where on the Site the Work is to be carried out and any special requirements.
4.1.3 A contact person (and cell phone number), able and authorised to answer all LTD’s questions.
4.1.4 Any relevant information about the Site.
4.1.5 Details of any persons allergies, health issues or other factors LTD should take into account.
4.1.6 Details of any part of the Site, tree etc that is protected by law.
4.1.7 A Site:
(a) Complying with the “Health and Safety in Employment Act”;
(b) Free of any impediment
and will indemnify LTD against any loss, or cost suffered as a consequence of its failure to do so.
5. Variations
5.1 All plants and materials specified in the Work and the shade, colour, hue, profile and/or look achieved, may differ
within reasonably accepted industry standards from anything which the Customer may have expected.
6. No Liability
6.1 The Customer has been told to ask about and LTD will not be liable for any loss or damage caused because the
Works resulted in shading, root or sun damage, loss of shelter, allergic and/or other physical response,
poisoning, loss or creating of habitat suitable for certain types of insect and/or animal, flooding, moisture
absorption, damage to buildings and/or otherwise.
6.2 LTD shall not be in breach if any failure to perform any part of this agreement is caused by an act of God, and/or
for any other reason beyond its reasonable control.
6.3 If notwithstanding the above there is ever any finding of liability against LTD, except for gross negligence, then the
total payable by LTD to the Customer shall be, subject to the law at the time not determining such is unfair,
limited to the Balance due.
7. Goods and Services Tax
7.1 All prices quoted are exclusive of GST and LTD shall add GST at the ruling rate to each invoice.
