1.1 Any instructions received by GBH from the Customer for the supply of Services shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer, the terms and conditions are irrevocable and can only be rescinded following these terms and conditions or with the written consent of GBH.
1.2 None of GBH’s representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Director of GBH in writing nor is GBH bound by any such unauthorised statements.

2.1 Upon request of the Customer, GBH will provide a quotation for the works described by the Customer. Quotes provided by GBH will remain valid for 14 days upon issue to the Customer. It is the responsibility of the Customer to provide a detailed description of the services required to GBH. Customers must accept a Quote through GBH’s electronic quotation system.
2.2 If a Customer does not accept a Quote within 14 days of issue, they will need to request a new Quote from GBH for the Services required.
2.3 Each Quote issued by GBH will provide a detailed description of the Services required, and the Price payable for those services plus GST. Quote’s provided by GBH will include an estimation for materials used by GBH in providing the services and green waste charges, these charges will be estimated in advance, and will be adjusted as necessary at the discretion of GBH in the final invoice issued by GBH to the Customer.
2.4 Upon acceptance of the quote, GBH will contact the Customer to arrange appropriate timing to carry out the Services as described in the Quote.
2.5 Changes to the Services required from those specified in the original Quote may result in an increase in the quoted Price. Where possible, these terms will be negotiated and agreed upon between GBH and the Customer before Services are provided.
2.6 Extra Services provided at the direction of the Customer will be charged as extra over the quoted Price.
2.7 If the Customer terminates the Services of GBH before completion, GBH reserves the right to charge the full quoted price for the Services.
2.8 If the Customer has accepted the Quotation under Clause 2 and subsequently terminates the contract prior to the Commencement of the Services, GBH reserves the right to charge the Customer a cancellation fee of 15% of the Price for the Services, plus the cost of any materials and plants purchased by GBH for the completion of the Services.

3.1 The invoiced Price of Services Is due and payable 7 days following the issue of the invoice.
3.2 Notwithstanding clause 3.1, GBH reserves the right to alter the payment terms including the right to request a proportion of it’s Quote to be paid upfront prior to the commencement of any Services detailed in the Quote.
3.3 At it’s discretion, for certain jobs GBH may issue a schedule for progress payments as certain Services are completed. In this instance GBH will include the proposed schedule of payments in the Quote for Services.
3.4 At it’s discretion, for certain jobs GBH may require payment of a deposit, said deposit will be listed in the Quotation. When the Customer accepts a Quotation which lists a deposit for the Services, the deposit will be payable to GBH upon acceptance of the Quotation in accordance with clause 2 of these Terms.
3.5 The Customer may not deduct or withhold any amount (whether by way of setoff counterclaim or otherwise) from any money owing to GBH.
3.6 If full payment for any Services is not made to GBH by the due date for that payment, then the Customer shall be in default and the Customer shall at GBH’s discretion (and without affecting any other right GBH may have), pay default interest on any amount outstanding to the GBH in accordance with the following:
(a) the default interest rate shall be 5 per cent per month; and,
(b) default interest shall accrue on a daily basis from the date when payment is due until the date when payment is actually made; and,
(c) the Customer shall be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to GBH obtaining or attempting to obtain a remedy for the failure to pay.
3.7 All payments pursuant to 3.6((a)-(c) inclusive) shall be upon demand. The charging of default interest shall in no way imply the granting or an extension of credit by GBH to the Customer.
3.7 GBH reserves the right to discontinue any Services they are undertaking for the client in the event of non-payment of accounts at the correct time.
3.8 Clerical errors or omissions, whether in computation or otherwise in the quotation, acknowledgement or invoice will be subject to correction.

4.1 All risk in the Services provided by GBH shall pass to the Customer on delivery.
4.2 GBH shall not be responsible for any damage suffered by the Customer in the course of, or following, providing the Services to the Customer.
4.3 It shall be the responsibility of the Customer to ensure GBH and are made aware of any potential risks on a site, including, but not limited to, the location of any fibre internet cables, electrical cables, plumbing and or telephone lines, prior to the commencement of the Services.
4.4 GBH sources any plants required as part of the Services from local, well established nurseries, and follows industry standards in terms of plant selection and planting practice. Despite this GBH provides no warranties in relation to the quality of the plants, and shall not be held liable for any loss in relation to plants which become damaged from disease or other plant related issues.

5.1 All warranties, descriptions, representations or conditions whether implied by the Contract and Commercial Law Act 2017 or otherwise are expressly excluded to the fullest extent permitted by law.
5.2 Under sections 41(2) and 43A Consumer Guarantees Act 1991 and any subsequent amendments made to the Consumer Guarantees Act 1991, as appropriate, the GBH and the Customer contract out of that Act.
5.3 The Customer will familiarise itself with the current literature produced by GBH.
5.4 GBH will have no liability either in contract or in tort for any loss suffered by the Customer or any third party claiming through the Customer for which the Company has not accepted in writing for such loss.
5.5 GBH makes no representations or warranties in respect of the Services supplied to the Customer unless such representation or warranty is made by the Company in writing to the Customer.
5.6 GBH shall not be responsible for obtaining any approvals or consents required for any of the Services provided by them. It shall be the sole responsibility of the Customer to ensure the compliance of any Services provided by all legislation, regulations, by-laws or rules.

6.1 In the event that:
(a) any amount payable by the Customer to GBH is overdue, or the Customer fails to meet any other obligation to GBH (whether in relation to the provision of Services or otherwise), or GBH’s opinion the Customer is likely to be unable to meet its payment or other obligation to GBH; or,
(b) the Customer becomes insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to make and arrangement with its creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management; or,
(c) the ownership or effective control of the Customer is transferred or the nature of the Customer’s business is materially altered; GBH shall be entitled to cancel all or any part of the contract or contract with the Customer which remains unperformed, in addition to and without prejudice to its other remedies;
6.2 All amounts outstanding under any contract with GBH shall whether or not due for payment, immediately become due and payable.

7.1 The Customer authorises the GBH to collect, retain and use any information about the Customer, for the purpose of assessing the Customer's creditworthiness or marketing any Goods and Services provided by GBH to any other party.
7.2 The Customer authorises GBH to disclose any information obtained only if required by law.

8.1 If any clause or part of a clause of these terms and conditions is held to be invalid or unenforceable for whatever reason to the extent not inconsistent with the aforementioned invalid clause, the remaining provisions shall remain in full force and effect.

9.1 GBH shall not be liable for any delay in performing its obligations under this agreement to the Customer caused in whole or in part by force majeure which shall include (but not limited to) an act of God, natural disasters, strikes, lockouts, fire war suit, civil commotion, inability to obtain products or supplies including the imposition of any export or import bans or any other cause beyond the reasonable control of GBH.
9.2 Any time or date given by the Company for delivery and completion of Services is intended only as an estimate and GBH shall not be liable for the consequences of delay however arising and the Customer acknowledges that GBH will not accept any liability for any claims or losses arising from its failure to meet estimated completion dates (if any).

10.1 In the event of any dispute arising between GBH and the Customer, such dispute will in the first instance be referred to mediation for resolution.
10.2 If resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute.
10.3 Nothing in this clause prevents GBH from taking legal action to enforce payment of any debt due, nor where GBH is required to seek interlocutory or injunctive relief.

11.1 These Terms constitute the entire agreement and supersede and extinguish all prior agreements and understandings between GBH and the Customer.

12.1 These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand Courts will have exclusive jurisdiction over any dispute in relation to the Goods.

13.1 The Customer agrees to comply with all healthy and safety directions from the GBH and further agrees to be responsible for ensuring any hazards at the property, not in the control of GBH, are controlled or eliminated.
13.2 The Customer agrees to wear all relevant and required Personal Protective Equipment (PPE) at the direction of GBH.

14.1 If at any time GBH does not enforce any of these terms and conditions or grants the Customer time or other indulgence, GBH shall not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.