Full Terms & Conditions

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1. Definitions
1.1 “LSCL” shall mean Landscape Supply Co Limited or any agents or employees hereof.
1.2 “Customer” shall mean any person or entity purchasing Products from LSCL and/or any person acting on behalf of and with the authority of the Customer.
1.3 “Delivery” shall mean the Delivery of the Products by LSCL to the Site.
1.4 “Order” shall mean the instruction by the Customer to LSCL to supply the Products.
1.5 “Price” shall mean the cost of the Products and includes any additional costs as a result of any variations to the Price as set out in these Terms and Conditions.
1.6 Products” shall mean, without limitation, all landscape supply products and associated products supplied by LSCL.
1.7 “Site” means the location that the Products are to be delivered to by LSCL.
2. Quotation
2.1 LSCL may produce a quotation for the Customer in relation to the Products (“the Quotation”). The Quotation shall be subject to these Terms and Conditions and shall be valid for a period of 30 days.
2.3 The Quotation will be adjusted for any increase in the Price that could not reasonably have been foreseen by LSCL at the time these Terms and Conditions are accepted, for example an increase in the wholesale cost of the Products or increased costs of Delivery.
2.5 The Quotation will be adjusted to include any increase and decreases in Goods and Services Tax (“GST”) that come into effect after the commencement of this have been accepted.
3. Acceptance of these Terms and Conditions
3.1 Any instructions received by LSCL from the Customer to supply the Products shall constitute a binding contract and acceptance of these Terms and Conditions.
3.2 No Order for the Products by the Customer may be cancelled without the written consent of LSCL.

4. Variations to the Price
4.1 The supply of the Products is subject to their availability. LSCL is under no obligation to supply the Products to the Customer where those Products cannot be obtained by LSCL. In the event that some or all of the Order cannot be fulfilled, the Price will be varied by LSCL accordingly.
4.2 All variations to the Price shall be binding on the Customer. Any instructions to vary or alter the Products for Delivery by LSCL will be treated as a variation to the Price.
4.3 Wherever reasonably practicable any variation shall be recorded in writing and the estimated cost of the variation should be advised to the Customer, but any failure to do so shall not disqualify the Customer from their entitlements to have the variation carried out, nor disqualify LSCL from their entitlement to be paid for the variation.

5 Payment and Ownership of the Products
5.1 Unless otherwise agreed in writing, payment is to be made by the Customer at the time that the Order is made by the Customer (“the Due Date”).
5.2 If the Customer holds an account with LSCL, payment is to be made on the Due Date which is defined on the invoice of LSCL in relation to the supply of the Products.
5.3 Interest may be charged on any amount owing after the due date at the rate of 2% per month, compounding monthly and calculated on a daily basis.
5.4 Title in, and ownership of, any of the goods and materials supplied by LSCL remains with LSCL until payment has been made in full.
5.5 LSCL shall be entitled to full access to the Site to remove all Products supplied by LSCL if payment is not made in accordance with these Terms and Conditions.
5.6 Any expenses, disbursements and legal costs incurred by LSCL in the enforcement of any rights contained in these Terms and Conditions shall be paid by the Customer including all solicitor’s fees and/or debt collection agency fees.
6 Payment Allocation
6.1 LSCL may in its sole discretion allocate any payment received from the Customer towards any invoice and may do so at the time of receipt or at any time afterwards and on default by the Customer may allocate any payments previously received and allocated. In the absence of any payment allocation by LSCL, payment shall be deemed to be allocated in such manner as to preserve the maximum value of LSCL’s interest in any products.
7 Delivery of the Products
7.1 It is the responsibility of the Customer to provide a correct address for the Site to LSCL.
7.2 Upon the Order being made, LSCL will contact the Customer to provide an estimated date and time for the Delivery.
7.3 If the Delivery is unable to be completed by LSCL due to the fault of the Customer, for example where the Customer provides an incorrect address for the Site, LSCL is entitled in its sole discretion to charge the Customer the full cost of the uncompleted Delivery.
7.4 LSCL will use its best endeavours to make the Delivery on the estimated date and time but is not liable in the event that there is a delay in the Delivery for whatever reason and that delay is reasonable.
7.5 Where LSCL is unable to make the Delivery due to being unable to access the Site for whatever reason, LSCL may in its sole discretion, cancel the contract.
7.6 The Customer agrees that the Delivery may involve the use of large vehicles and/or machinery possibly weighing in excess of 5000kg on the Site and that LSCL is not liable for any damage caused to the Site as a result of the Delivery including without limitation damage to:
• Driveways, walkways, structures and infrastructures (including discolouration by leakage of fluid from the Products);
• Grass, lawn, shrubs, plants, flowers, trees, tree limbs including by way of disease from the Products;
• Any existing landscaping features;
• Utility lines.
7.7 The Customer agrees that the Customer is solely responsible for the costs of any:
• Damage to the vehicle/machinery undertaking the Delivery that is not caused by LSCL;
• Damage or inconvenience to or loss suffered by the Customer as a result of the Products being delivered to a location on the Site other than the agreed location.
• Necessary action taken by and costs incurred by) LSCL (i.e. towing costs) as a result of the vehicle/machinery being bogged onsite due to LSCL making delivery to the Site in accordance with the Customer’s instructions.
7.8 Risk in any goods and materials supplied by LSCL will pass to the Customer when the goods and materials are delivered to the Site.
8 Shipping and Returns
8.1 All Products shipped will be sent as a non-signature required parcel.
8.2 It is the responsibility of the Customer to provide a correct shipping address uncompleted shipping.
8.4 LSCL is not liable for any delays in shipping that are outside of its control including but not limited to; delays in postage times, or supply of wholesale products to LSCL.
8.5 LSCL will be liable for any loss of the Products in transit only if the shipped parcel has been lost due to handling by LSCL couriers. LSCL will not be liable for any loss of the Products if the tracked parcel can be tracked to the shipping address.
8.6 LSCL will provide a store credit (valid for 12 months) or exchange a Product for a Product of the same Price for Products that fall into the following categories; garden accessories, garden features, giftware, pavers, pots and water features provided that the Products are returned in original unused condition.
8.7 LSCL will not accept returns or exchanges for Products that fall into the following categories: live plant products, bulk supplies and custom made products except if the Products are defective, then clause 10 applies.
8.8 If the Customer receives the Product by shipping and it is damaged, the Customer must take a photograph of the Product without opening it further and contact LSCL at office@landscapesupplyco.nz within and appropriate instructions for delivery. LSCL cannot deliver to PO Boxes.
8.3 If the shipping is unable to be completed by LSCL due to the fault of the Customer, for example where the Customer provides an incorrect shipping address, LSCL is entitled in its sole discretion to charge the Customer the full cost of the
2 days.
9 Products
9.1 LSCL warrants that the Products will comply with the relevant standard tolerances of the industry.
9.2 The Customer agrees that the Customer is solely responsible for ensuring that the Products (including coatings and fittings) are:
• suitable for the environment in which they will be installed
• suitable for the treatment and/or processing to be undertaken by the Customer to the Products
• comply with the relevant legislation
9.3 The Customer agrees that the Customer is solely responsible for the storage, handling, installation and maintenance of the Products
10 Disputes
10.1 In the event of a dispute arising out of the contract between LSCL and the Customer, either party may give written notice (“the Notice”) no later than 14 days following the event/s giving rise to the dispute, to the other party specifying the nature of the dispute or disagreement, the remedy sought and requiring that the dispute be settled in accordance with this clause.
10.2 Each party shall appoint a representative who has authority to determine the dispute, and advise the name of that representative to the other party in writing. If a party does not advise the name of their representative within fourteen days of the date of the Notice, either party may refer the dispute to mediation or file proceedings in Court.
10.3 The representatives shall act in good faith to see if they can resolve the dispute. All discussions, meetings and correspondence between the two representatives shall be deemed without prejudice and without concession of liability and shall not be used by either party in any later proceedings unless both parties agree or agreement is reached but one party fails to honour the agreement.
10.4 If the two representatives cannot reach agreement within 45 days of the date of the Notice, either party may refer the dispute to mediation or file proceedings in Court or the Disputes Tribunal.
11 Defects
11.1 Any dispute as to the quality of the Products delivered must be notified to LSCL in writing within seven (7) days of the date of Delivery.
11.2 LSCL shall at its own cost rectify any defects in the Product caused by LSCL which are notified within seven (7) days.
12 Liability
12.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations on LSCL which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, condition or terms imposed on LSCL, LSCL’s liability shall where it is allowed be excluded or if it is not able to be excluded only apply the minimum extent required by the relevant statute.
12.2 Except as otherwise provided by law LSCL shall not be liable for:
(a) Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the Customer or any other person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Work provided by LSCL to the Customer; and
(b) The Customer shall indemnify LSCL against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing whether caused or arising as a result of the negligence of LSCL or otherwise brought by any person in connection with any matter, act, emission or error by LSCL its agents or employees in connection with the Work.
13. Consumer Guarantees Act
13.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Works from LSCL for the purposes of a business in terms of section 2 and 43 of that Act.
14. Cancellation
14.1 If the Customer cancels the contract for any reason, the Customer will be liable to pay:
(a) The cost of any Products that are not able to be redistributed or sold by LSCL;
(b) The reasonable costs incurred by LSCL as a result of the cancellation, for example, administration costs.
14.2 LSCL shall without any liability and without prejudice to any other right it has in law or equity have the right by notice to suspend or cancel in whole or in part any contract for the supply of the Products to the Customer if the Customer fails to pay any money owing after the Due Date.
14.3 Any cancellation of this agreement shall not affect LSCL’s claim for money due at the time of cancellation or for damages for any breach of any terms of this contract or the Customer’s obligations to LSCL under this contract.
15 Miscellaneous
15.1 LSCL shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
15.2 Failure by LSCL to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations of LSCL under this contract.
15.3 If any provision of this contract is found to be invalid, void or illegal or unenforceable, the validity existence legality and enforceability of the remaining provisions shall not be affected prejudiced or impaired.
15.4 This contract shall be governed in accordance with the applicable laws of New Zealand.

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