DEFINITIONS
“Goods” means any goods and/or services provided or delivered by the Company as ordered by the Client
“Company” means Your Garden Doctor Ltd. 
“Client” means the person, or company placing an order with, or in receipt of goods and services from the Company.

APPLICATION
These terms and conditions apply to any provision of goods, services or materials by the Company to the Client.
The following constitute the terms and conditions of business between us, the Supplier of goods and services, and you, the Client:

1. Price. 

Where a quotation has been given for work to be performed, that quotation remains valid for 30 working days.  Your acceptance of our quotation/offer must be confirmed in writing prior to commencement of work, but in the absence of written acceptance our commencement of work will be taken as your acceptance by conduct.  We may withdraw the quotation at any time before acceptance.

The quotation is based on costs and charges at the date of quotation.  Any changes in costs arising from sources beyond our control (for example, changes in prices charged by suppliers to us, fluctuations in labour costs, or government charges) shall be a variation.

1. Payment. 

   Payment of the claimed amount is due and payable by you 7 days after receipt of our invoice.  Where work is undertaken over a period exceeding one month, invoices may be issued for progress payments covering work done and costs incurred up to the date of the invoice.  If you disagree for any reason with the claimed amount, you will respond to us in writing before the payment is due.  Overdue payments shall attract interest at an annual rate of 2% calculated monthly from the due date, and any expenses incurred by us in recovering this debt shall be added to your account.  We are connected with Baycorp and use their services for collecting overdue debt.

2. Ownership. 

   Any goods and materials supplied by us shall remain our property until paid for in full and while any money is due to us.  If any money remains unpaid or you are in breach of any obligation to us, we or our agents are authorised by you to enter your premises to recover and resell and or all of those goods and materials.  We may require you to facilitate registration of a Financing Statement under the Person Property Securities Act 1999 to give us a Perfected Security in any goods supplied.

3. Risk. 

   All goods and materials are at your risk while on your premises or premises under your control.  Any loss arising from theft, destruction or damage from whatever cause shall be borne by you.

4. Installation. 

   You should give us access to the site and provide proper facilities for carrying out the work.  Unless specified otherwise, the contract does not include any structural or other alteration to any part of the buildings or structural areas, this includes desks; paved areas and paths.  Access and facilities shall be provided within a reasonable time after acceptance of this contract or at a date notified by you and agreed on by us in writing.  You shall inform us of any hazards in the workplace to which we may be exposed in working on your premises.

5. Time to completion. 

   We will complete the work within a reasonable time and will endeavour to meet any target date you make known to us.  Should it be necessary to work outside ordinary working hours to meet your completion target or due to any other circumstances outside your controls, you shall be liable for any extra cost incurred.

6. Warranty. 

   We guarantee that we will remedy any defective workmanship and replace any faulty material that is reported to us in writing within 30 days of completion of the contract.  This performance guarantee does not extend to any goods or materials supplied by you or any plants that were supplied and planted by us that are in a healthy and mutually acceptable state at the completion of the job.  In the case of work covered by the Consumer Guarantees Act 1993, this warranty is in addition to any rights you may have under the Act.

7. Strikes, etc. 

   We are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, accidents, fire, failure of manufacturers to deliver and any other events beyond our reasonable control.

8. Plans and Specifications.  We shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by you.  We shall bear no responsibility for any goods supplied in compliance with those plans and specifications.

9. Privacy Act. 

   You authorise us to use information collected from you and to collect information from third parties for purposes relating to performance under this agreement.