Terms and Conditions
Tyler Niland Landscapes ltd, Property Maintenance and repair Terms and Conditions
By accepting a quote by electronic mail, written approval or work order you agree to the following terms and conditions governing your procurement of the services of Tyler Niland Landscapes ltd
By entering into this agreement on behalf of a company, third party or other legal entity, you represent that you have the authority to bind such an entity or third party to these terms and conditions, in which case the terms “you” and “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not proceed with agreement to this quote.
As part of our service, Tyler Niland Landscapes ltd will provide you with our building and maintenance services and where specified on a quote or estimate will supply building materials. Your written agreement to a Tyler Niland landscapes ltd Building and Maintenance quote shall be deemed to be your agreement to abide by this Agreement, including but not limited to Tyler Niland Landscapes ltd privacy and security policies.
Customer: the customer is the party that has contracted with Tyler Niland Landscapes ltd by written or electronic agreement to accept a quote or by the issue of a work order or by authorizing a third party such as a property management agency to agree to our services.
Scope of Works
Every effort will be made to provide a detailed scope of works. Please read the Scope of Works thoroughly taking note of the description that has been outlined. Tyler Niland landscapes ltd will complete all works as set out in the scope of works in the quote.
Works can be quoted with the assistance of information in the form of measurements, video footage, photographs or plans that are provided by the customer or a representative or persons subcontracted by the customer. If any information is inaccurate or misleading then Tyler Niland Landscapes ltd reserves the right to provide another quote and be recompensed for any labour, time or materials outlaid on the job.
The customer agrees to supply electrical power and water as reasonably required by Tyler Niland landscapes ltd. All power and water charges incurred in relation to the work will be borne by the customer.
The customer agrees that they will not remain in the work area while work is in progress or use Tyler Niland landscapes ltd equipment while work is in progress. This also applies to other tradesmen. Please inform any third parties.
Tyler Niland Landscapes ltd will not be held responsible for any delays caused by weather or other conditions all associated costs due to weather delays will be incurred by the customer.
Materials and Products / Warranty
Unless explicitly requested by the customer, all materials and product supplied from Tyler Niland landscapes ltd will be provided as new.
When replacing materials during a renovation or repair some materials may no longer be available due to a discontinuation of the line and are will not be available for purchase by Tyler Niland Landscapes ltd. If this occurs every effort will be made to best match the existing material at the allowed price or if this is not possible we reserve the right to re-quote the works.
These terms and conditions are to be read in conjunction with any warranty provided by Tyler Niland Ltd, or their suppliers.
All materials and products that Tyler Niland Landscapes ltd supplies are purchased through external suppliers, Tyler Niland Landscapes ltd has a database of recommended suppliers for goods and materials, compiled due to quality of product and timeliness of goods delivery. If the customer chooses products for installation that are not included on our recommended supplier list, Tyler Niland Landscapes ltd will take no liability in the event that the products are damaged, faulty or if an incorrect product is supplied. In the event that staff at Tyler Niland landscapes ltd must return to the site of works due to a faulty product chosen by the customer, the customer will be required to pay all return costs.
Tyler Niland landscapes ltd will provide a warranty only when our recommended suppliers supply the goods. The warranty will be product specific and in accordance with the manufacturers guidelines and conditions.
If any materials/products that Tyler Niland Landscapes ltd supplies are damaged, faulty or incorrect, Tyler Niland landscapes ltd will replace the product by following the warranty process specific to that product. Products/materials will not be replaced due to general wear and tear or to any product; which has been subject to misuse, neglect, accident or alteration by the Customer or any other person or thing whether authorized or unauthorized.
Tyler Niland Landscapes ltd will rectify any faulty works as per NZ Standards requirements.
Delivery of Goods
Tyler Niland Landscapes ltd accepts no liability for losses incurred by the client for the supply of items chosen by the client and delivered from Australia or other overseas markets. It is usual for some materials to take up to 4-5 weeks from dispatch date for receipt of materials from overseas or Australia.
Rust /Mould Treatments
No responsibility can be taken under any circumstances for rust or mould returning after it has been treated. Treating rust or mould is a preventative and not a cure and is considered to be part of a regular maintenance schedule.
All quotes are submitted under the assumption that all prior painting on any surface has been applied correctly. Tyler Niland Landscapes ltd will not be liable for failure of previous coatings /paint including rust prevention coatings and third party flexi point.
The Customer assumes full responsibility for removing vehicles prior to any work commencing on a work site. Prior to roofing works it is the responsibility of the customer to remove washing from clothesline, close windows, and remove outdoor furniture or other items that can get wet or dirty. Remove cars from driveways and as a courtesy inform your neighbor of the work being carried out. Tyler Niland landscapes ltd accepts no responsibility, under any circumstances, for damage to any property that has been left inside the area or surrounding the area in which work at heights is performed.
No responsibility can be taken, under any circumstances, for damage caused to Patios, Gazebos or Roofs during any work at heights or work process where the structure is found to be unsound or the structure is a skillion roof without adequate fall. No responsibility can be taken, under any circumstances, for damage to guttering during the work process, where gutters have been found to be rusty or weathered from age or without adequate fall/design faults. Tyler Niland Landscapes ltd does not accept responsibility and is not liable for leaks and damage or any associated costs resulting from storms, extreme weather, or acts of God.
Leak Detection Works
Tyler Niland landscapes Ltd Warranty does not warrant against leaks. A Call out Fee of one hundred and seventy five dollars will apply together with any costs associated with the purchase and/or supply of materials necessary to rectify the cause of reported leak/s. Where it has been determined that the cause of a leak is from pre-existing cause/s and non-related to any building works performed by Tyler Niland Landscapes ltd all costs including an hourly labour rate will be borne by the Customer. Best efforts will be made to detect and rectify the precise cause of leaks at the outset of the job however if the cause of the leak is not rectified by initial treatments the customer will still be required to pay for all costs to rectify the issues.
Unforeseen Site Conditions
If during the contract, Tyler Niland Landscapes ltd encounters on the site, physical conditions which could not reasonably have been foreseen during the quote / tender process and the conditions will substantially increase the costs for the works, the new works will be treated as a Variation.
Unforeseen Structural Damage
All quotes are submitted under the assumption that all internal structures and covered components of the quoted works are in safe and sound condition. Eg all structures inside wall, roof and floor cavities are of sound condition. Once structural damage is uncovered, we are under a legal obligation to rectify certain issues. Every effort will be made to contact you, however if you are unable to be contacted and the structural damage impedes or ceases the work onsite we will rectify the issue without notification. All repair work will be at the cost of the customer. If works are to cease completely, all ordinary hours that any workers onsite have to halt on that day will be charged back to the customer If you have preferences as to how you would like to deal with the advent of this situation please discuss your preferences with Tyler Niland Landscapes ltd prior to work commencing so that we can instruct staff accordingly.
Privacy & Security
Any information supplied in a quote remains the intellectual property of Tyler Niland Landscapes ltd and is not to be shared to third parties under any circumstances. Tyler Niland Landscapes ltd reserves the right to photograph or videotape all areas associated with the quoted works including areas used to transport goods and materials, before, during and on completion of works. All photographs and videos will be kept on file for the duration of the warranty period.
Third Party Interactions
Tyler Niland Landscapes ltd may provide contact details for other trades and suppliers to assist with purchase goods and/or services from other tradespersons and companies. Any contact provided is done so as a matter of convenience and any terms, conditions, warranties or representations arising from contact between you and the third-party is solely between you and the applicable third-party. Tyler Niland Landscapes ltd shall have no liability, obligation or responsibility for any interactions between you and any such third-party.
Charges and Payment of Fees
You shall pay all fees or charges applicable to your account in accordance with these terms and conditions, or in accordance with the payment terms on a final invoice or in accordance with a schedule of rates that is in effect at the time a fee or charge is due and payable. All pricing terms are confidential, and you agree not to disclose them to any third party.
Works over $ 750.00
Tyler Niland Landscapes ltd requires a deposit prior to commencement of works for 50% of the total amount of the accepted quote. Payable before 8am on the first day of work on site. The balance of the quotation/contract is to be paid in accordance with the payment terms on the final invoice or in accordance with a schedule of rates that is in effect at the time a fee or charge is due and payable.
Works over $3,000.00 - $50,000.00
Tyler Niland Landscapes ltd requires both a deposit prior to commencement of works for 20% of the total amount of the accepted quote. Upon clearance of the deposit payment a commencement date for the work will be given and scheduling of work will commence. A further progressive payment will be required of 30% of the total amount of the accepted quote at 8am on the day the work starts on site. The balance of the quotation/contract is to be paid in accordance with the payment terms on the final invoice or in accordance with a schedule of rates that is in effect at the time a fee or charge is due and payable.
All variations must be paid in full in accordance with the payment terms on a final invoice or in accordance with a schedule of rates that is in effect at the time a fee or charge is due and payable.
If you believe your bill is incorrect, you must contact us in writing within 14 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Tyler Niland Landscapes ltd reserves the right to charge Interest calculated daily at a rate of 15% per annum. In addition to this you will be charged for any debt collection costs incurred in pursuit of payment.
Building materials remain the property of Tyler Niland Landscapes ltd until such time as the total amount agreed upon for works as established in quotes and subsequent variations is paid in full. Non-payment of accounts after 90 days may result in the repossession of building materials and products. Upon clearance of the deposit payment a commencement date for the work will be given and scheduling of work will commence.
Cancellation of Contract
Tyler Niland Landscapes ltd reserves the right to cancel this contract due to any unforeseen circumstances at the absolute discretion of Tyler Niland landscapes ltd. Tyler Niland Landscapes ltd reserves the right to refuse to carry out work contracted for any reason whatsoever. Cancellation of work by Customer will result in the forfeit of any deposit money paid subject to the expiry of any cooling off period (if applicable),
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Courts of New Zealand
Tyler Niland Landscapes ltd, warrant that in performing the services for the client, the best workmanship and materials have been employed and Tyler Niland Landscapes upon receipt of full payment hereby guarantees the workmanship as per New Zealand applicable construction warranties.