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               withdrawn at any time. If not withdrawn, the Quote shall remain valid for 30 days from Quote Date after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 


              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.