No one likes the small print. While it might feel a bit time-consuming to read the fine print, we do believe it is the best way to manage expectations and avoid any surprises. Our terms of trade set out what we will deliver to you and what we expect from you. The last thing we want is a mismatch in understanding and a poor outcome for you, our client. We believe in providing great service and we take pride in our standards. The terms of trade below serve as the criteria for all of the work we carry out - design, installation, advice & consultations & ongoing garden maintenance. These terms override any agreements made in person, over the telephone, or in any other communication.

When you ask Sculpt Gardens to carry out work on your behalf, you agree to uphold your obligations under these terms of trade. If you have any questions please contact me on mobile 021 549 161 or email me at claire@sculptgardens.co.nz. If you are unhappy with the work we provide, or have any problems or comments, please let us know immediately. We will do our best to fix any problems right away. If you do not give us timely feedback or if you delay payment, it makes it difficult for us to put things right.

We take pride in what we do and would love for you to use us again and tell your friends. You can be sure that we want you to get the outcome you are after.

Warmly

Claire & the team

Gardening Services Rates

Gardener $65+GST p/h - minimum 4 hour visit

Additional greenwaste bags removed $15 per bag +GST

Parking Permits/Tolls/Paid Parking

If in the course of undertaking work for you, we are required to pay for parking or any other vehicle travel costs, these will be passed on to you.

Additional Travel to the Job Site

We allow up to 15 minutes travel time to your home. This cost is covered in the hourly charge.

If we take longer than 15 minutes to travel to your job, the cost of this additional travel time may be charged to you.

Photos of Client’s Gardens & Use of Designs

From time to time we like to take ‘before & after’ shots of gardening work we have done in our advertising and promotion. If you would prefer your garden not to be photographed and used in this way, please let us know.

Cancellations/Rescheduling Client Appointments 

We are always happy to reschedule an appointment free of charge. 

If you need to cancel your appointment, please provide us with at least 48 hours notice. ●

A cancellation fee may apply to appointments that are not cancelled within 48 hours of your appointment.

Payment 

Payment is due once the work is complete, unless we have made other arrangements. If you have been sent an invoice, our payment terms will be clearly stated. Once your job is complete, you will be sent a final invoice by email. Please let us know before work commences if you would prefer an invoice to be mailed to you, as our default communication is email.

Sourcing Plants & Materials 

We charge our standard hourly rate of $150+GST per hour to source plants & materials for your garden.

Mileage

We charge 0.93c per kilometre for travel to source plants & materials required for your garden.

Garden Design Work

The Process

After contacting us about garden design work, we will arrange a time to meet you, see the site and discuss your plans. At this initial meeting, we highly recommend that all interested parties are present. This enables us to fully understand everyone’s preferences for your new garden. After this initial meeting, we send you a quote for your garden design via email. If you are happy to go ahead, please let us know and we will arrange a time to return to measure up. At this stage we also raise the 50% deposit invoice. Design work normally takes between 2 – 4 weeks after which we arrange a time to present the finished work to you. We allow for 1 set of further changes after presenting you with your design. Any further changes made after this will be charged at $150+GST p/h. Once you are happy with the finished design, we can refer you to local landscape construction companies we regularly work with who can quote to install the hardscaping component of your design. Sculpt Gardens are always delighted to help you source plants, place them into your garden & plant them if you require. Our garden maintenance team can then care for your garden on an ongoing basis to ensure it thrives & continues to look beautiful for years to come.

Deposits

Design work will require a 50% deposit before work commences.  If a deposit invoice is sent and remains unpaid before the work commences, we reserve the right to halt work until payment is made. We also reserve the right to cancel the contract entirely, if payment is late or delayed.

Concept plan amendments We allow for 1 set of changes to the initial design. Further amendments & time taken on the plan will be charged at 15 minute intervals at $150 p/h +GST.

Introductions to Landscape Construction Companies

We have established working relationships with local landscape construction companies. We are happy to introduce them to you to quote for the installation of the hardscaping component of your garden design.

Body corp regulations

It is your responsibility to brief us and provide information about any regulations that may affect your property prior to the start of the design process.

Building & Council Consent

For components such as pools, pergolas & other building structures which may require council consent, you will need to instruct third parties to draw up technical drawings. We are happy to introduce you to, brief & work alongside other contractors to ensure that the right construction diagrams & technical details are provided. People you may need to engage include structural engineers, draftspeople & geotech engineers.

Disputed Invoices

If you need to discuss any aspect of payment, please contact us immediately.

If you are dissatisfied with the invoice, it is your responsibility to contact us immediately.

Unpaid Accounts  If payment remains outstanding for over 20 days from the invoice due date a late fee of $150 may be added to your account at our discretion. We reserve the right to charge 25% compounding interest on a monthly basis for overdue accounts. Debt Collection costs may be added to invoices that remain outstanding for over 20 days from the due date.

Planting & Installation Work

The Process

Once you have your finished garden design along with planting plans, we draw up a plant list. This is a list of the plants in your design, how many you need and the size required. This list is sent to our wholesale nursery and other suppliers for pricing. At this stage we will let you know if there are differing sizes available & the costs, so you can make decisions about what sizes you want. We can give you advice on what might be suitable for your garden.

Please note plant availability & prices change frequently, especially at busy times of year.

From knowing the plant costs & availability, we can then prepare an installation quote for you. This consists of plant, materials, labour & project management costs. If you are happy to go ahead, we ask for a 50% deposit. Once received, we order the plants for you & book in a date for the planting work.

Once the plants have been sourced, they are delivered to your garden, placed & planted. You will also need a planting soil mix to ensure good results & mulch to suppress weeds & conserve soil water moisture levels too.

Your designer will visit at the beginning & end of the installation to initially check the plants are placed correctly & finally that you are thrilled with the garden once it is finished and to pass on plant care guidelines.

Liaison with Third Party Contractors

We love to be involved through the installation of the hardscaping element of your garden design. This ensures that the details of the design are communicated to the third party contractors, any changes that need to occur will be in-keeping with the design aesthetic & that you will be thrilled with the final garden. We strongly advise that at a minimum, we attend an initial onsite meeting with all parties involved. This enables us to brief parties on the design and for us to answer any questions they may have. Depending on the complexity of your design, we expect that we would spend between 4 – 6 hours during this stage liaising with third parties. Normally we meet 2 – 4 times during the project build to check on progress, construction details, heights & levels & workarounds. We will charge you our standard hourly rate of $150 p/h +GST for all on site meetings & telephone/email communications relating to the design.

Labour Cost

Our labour planting time is an estimate only and is based on unimpeded soil conditions. If we encounter obstructions whilst aiming to plant (i.e. buried rubbish, tree roots, rocks etc) we may need to instruct a stump grinder to clear the ground or take additional time to plant. We only charge you for the time taken. Our standard hourly rate for planting is $65+GST per hour.

Sourcing Plants & Materials 

We charge our standard hourly rate of $150+GST per hour to source plants & materials for your garden.

Payment 

Planting & installation work will require a 50% deposit before work commences. 

If a deposit invoice is sent and remains unpaid before the work commences, we reserve the right to delay work until payment is made. We also reserve the right to cancel the contract entirely, if payment is late or delayed. 

Final payment is due when the work is complete, unless we have made other arrangements. If you have been sent an invoice, payment terms state payment is due upon completion of the work. 

Once your job is complete, you will be sent a final invoice by email. 

Please let us know before work commences if you would prefer an invoice to be mailed to you, as our default communication is email.

Project management costs

This covers insurance, health & safety compliance, mileage, time to source plants & materials for a job & administration time.

Disputed Invoices & Work 

If you need to discuss any aspect of our payment, please contact us immediately. 

If you are dissatisfied with the invoice, it is your responsibility to contact us immediately. 

If you are unhappy with any of the planting work we provide, or have any problems or questions, please let us know immediately. We will do our best to fix any problems right away. If you do not give us timely feedback, it makes it difficult for us to put things right.

Unpaid Accounts 

If payment remains outstanding for over 20 days from the invoice due date a late fee of $150 may be added to your account at our discretion. 

We reserve the right to charge 25% compounding interest on a monthly basis for overdue accounts. 

Debt Collection costs may be added to invoices that remain outstanding for over 20 days from the due date.

Terms of Trade Sculpt Gardens Limited - 5920527

Thank you for choosing us. Please read the terms of trade listed below. You can accept these terms by clicking on the link in the email that this document was attached to. These terms need to be accepted before we begin work at your property.

1. Application of Terms of Trade

1.1….These terms apply to all trade between the client and Sculpt Gardens Ltd These terms are effective from the above date until these terms of trade are replaced by another document. Unless the context requires otherwise, the following definitions shall apply to these terms of trade.

2. Definitions : Unless the context requires otherwise, the following definitions shall apply to these terms of trade:

2.1…. Sculpt Gardens Ltd means ‘The Company Limited’ and any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies. “Customer” means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer's trustees, executors [if an individual or successors], permitted assigns, and/or administrators.

2.2….“Goods” means the goods supplied to the Customer by Sculpt Gardens Ltd which are described by item or indicated on the invoice associated with those goods. This also includes any packing or delivery slip supplied by Sculpt Gardens Ltd in respect of the goods.

2.3….“PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.

2.4….“PPSR” means the Personal Property Securities Register under the PPSA.

3. Payment

3.1….The Customer shall pay in full for the goods and services no later than the date specified on the Company's invoice. The Customer shall not have any right of set-off or deduction against the required payment or on account of any money which Sculpt Gardens Ltd may owe the Customer. If the Customer fails to pay the full amount due, on or before the due date, Sculpt Gardens Ltd (without prejudice to its other rights and remedies) shall be entitled to charge the Customer interest on the amount outstanding from due date until payment.

3.2….The price for the goods and services supplied by Sculpt Gardens Limited shall become immediately payable, regardless of any other terms of payment, and Sculpt Gardens Limited may take immediate action to recover the price. This includes if the Customer is in default under any agreement with Sculpt Gardens Limited or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors' composition, or has its credit standing impaired in any way.

4. Withdrawal of Credit

4.1…. Sculpt Gardens Limited may at any time, in its sole discretion, withdraw the provision of credit to the Customer.

5. Delivery and Return

5.1….Delivery of goods shall be deemed to be made to the Customer when the goods are first dispatched from Sculpt Gardens Limited premises or collected by the Customer or the Customer's agent. All carriers of goods are deemed to be agents of the Customer.

5.2…. Sculpt Gardens Limited may stop future work until the Customer has paid for all previous supplies of goods or services supplied by Sculpt Gardens Limited (whether payment is due or not).

5.3….If Sculpt Gardens Limited is unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event) Sculpt Gardens Limited] may suspend delivery or cancel the Customer's order without incurring any liability for loss or damage suffered by the Customer.

5.4….Goods will only be accepted for return with the prior approval of Sculpt Gardens Limited. Freight and all other costs associated with the return of goods will be at the Customer's expense unless otherwise agreed in writing by Sculpt Gardens Limited.

6. Risk

6.1….Goods are at the sole risk of the Customer upon delivery in accordance with clause 4.1 whether received by the Customer or not. This also includes a delay in delivery, even if ownership of the goods has not been passed on to the Customer.

6.2….The Customer shall at all times insure the goods and keep them insured for their full value against all causes including loss or damage by fire and theft. If the goods are lost, damaged or destroyed, the Customer must agree to make a claim against the insurance policy with respect to the lost, damaged or destroyed goods, and to immediately pay the proceeds received to The Customer will remain liable to The Company for any shortfall in the insurance proceeds.

7. Ownership

7.1….Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. In addition, any proceeds of the sale of goods that has not paid for shall belong to The Company.

7.2….Notwithstanding the provisions of clause 6.1 regarding Sculpt Gardens Limited ownership of any sale proceeds, until the ownership of the goods has passed on to the Customer, the Customer shall not be entitled to sell or deliver possession of the goods to any other person.

8. Enforcement and PPSA

8.1….The Customer irrevocably gives Sculpt Gardens Limited and its agents the right to enter upon the Customer’s premises (including leased premises), without giving notice and without being in any way liable to the Customer, if Sculpt Gardens Limited has cause to exercise any rights it has under section 109 of the PPSA.

8.2….The Customer indemnifies Sculpt Gardens Limited for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes; but is not limited to, the cost of any debt collection procedures for which the customer may be liable for, on top of the outstanding debt. 8.3….The Customer waives its right under the PPSA to receive any verification statement from Sculpt Gardens Limited

8.4….The Customer shall immediately notify Sculpt Gardens Limited in the event that the Customer changes its name.

9. Representations, Warranties, Terms and Conditions

9.1….To the maximum extent permitted by law, all representations, warranties, terms, and conditions (including any representation, warranty, term or condition expressed or implied by law or otherwise) that are not expressly included in these terms of trade are hereby excluded from the contractual arrangements between Sculpt Gardens Limited and the Customer. Without limiting the generality of the foregoing, the provisions of the Consumer Guarantees Act shall not apply to the supply of goods or services by Sculpt Gardens Limited to the Customer where the Customer acquires, or holds himself or herself out as acquiring, the goods or services for the purposes of a business.

9.2…. If Sculpt Gardens Limited shall be under any liability whatsoever to the Customer then whether such liability be in contract, tort (including negligence or for personal injury) or otherwise and notwithstanding any relief or remedy to which the Customer may be entitled at law or in equity, such liability shall be limited to the price at which the goods or services are supplied to the Customer. This includes the actual loss or damage suffered by the Customer, whichever shall be the lesser.

9.3….Under no circumstances will Sculpt Gardens Limited be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.

10. Privacy

10.1…. The Customer agrees that Sculpt Gardens Limited may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of Sculpt Gardens Limited business, including credit assessment and debt collecting. The Customer consents to any person providing Sculpt Gardens Limited with such information.

10.2….The Customer agrees that Sculpt Gardens Limited may use, for lawful purposes, any information it has about the Customer relating to the Customer's creditworthiness.

10.3….Without limiting the provisions of clauses 9.1 and 9.2, the Customer understands that: a) Sculpt Gardens Limited is asking the Customer for personal information about the Customer for the purpose of: i. obtaining a credit report on the Customer to help assess the Customer’s creditworthiness for the purpose of Sculpt Gardens Limited opening or reviewing a trading account for the Customer, and. ii. registering the security interest created by clause 6.1 under the PPSA; b) Sculpt Gardens Limited will give the Customer’s personal information to: i. a credit checking bureau of The Company’s choice and that bureau will hold that information on their system and use it to provide their credit reporting service, and ii. the Registrar of Personal Property Securities and the Registrar will hold that information on the PPSR which will be available for searching by the public in accordance with the PPSA; c) The credit reporting bureau will provide Sculpt Gardens Limited with information about the Customer for the purposes outlined in clause 9.3(a)(i), and when other customers of the credit checking bureau use the credit reporting service the credit checking bureau may give the information to those customers too. d) The Company may use the credit checking bureau’s credit reporting services in the future for purposes related to the provision of credit to the Customer (including personal credit checks against the Customer), and this may include the use of monitoring services to receive updates if any of the information held about the Customer changes. e) If the Customer defaults in the Customer’s payment obligations to Sculpt Gardens Limited information about that default may be given to the credit reporting bureau and may be provided to other users of that service other than the Customer. f) The Customer has a right of access to, and may request correction of, personal information held by Sculpt Gardens Limited or a third party about the Customer. For those purposes, the Customer understands that he or she may contact Sculpt Gardens Limited at the address set out in the application for credit account to which these terms of trade relate, for information.

11. Amendment Sculpt Gardens Limited may amend these terms of trade from time to time. The Customer shall in respect of the supply of any particular goods or services by Sculpt Gardens Limited to the Customer be bound by the terms of trade applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request by contacting Sculpt Gardens Limited

12. General

12.1….Unless expressly provided otherwise in any written agreement between Sculpt Gardens Limited and the Customer, these terms of trade, and the application for credit account to which these terms of trade relate, constitute the entire agreement between Sculpt Gardens Limited and the Customer relating to the supply of goods and services by Sculpt Gardens Limited to the Customer.

12.2….Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect.

12.3….These terms of trade and the application for credit account to which these terms of trade relate shall be construed in accordance with and be governed by the laws of the Country you reside in. Sculpt Gardens Limited and the Customer shall submit to the non-exclusive jurisdiction of the Courts in your Country