TERMS OF SERVICE

1.1. These Terms of Service (Terms) set out the standard terms and conditions on which Comm Scapes Limited trading as “Comm Scapes” (Comm Scapes, us, we and our) provides services (Services – see also clause 2) to our clients (Client, their, you and your). By engaging Comm Scapes to carry out Services, you agree to these Terms.

2.1. Comm Scapes provides comprehensive commercial landscaping services including but not limited to: landscape design and consultation, construction and installation, grounds maintenance, irrigation systems, hardscaping, plant installation, seasonal services, and ongoing landscape management (Services).

2.2. All Services will be provided in accordance with the Client's instructions, approved plans, and specifications. If practicable, the Client will be requested to confirm all verbal instructions in writing in accordance with clause 3.1.

2.3. Comm Scapes will use professional expertise and industry best practices in delivering all Services, drawing on our 30 years of experience in commercial landscaping and the Client will accept and pay for the Services.

3.1. Any changes to approved plans, specifications, or scope of work must be agreed to in writing and may result in additional charges and timeline adjustments.

3.2. Comm Scapes reserves the right to make reasonable substitutions for plants, materials, or equipment of equivalent quality and value when original specifications are unavailable.

3.3. The Client is responsible for obtaining all necessary permits, approvals (including those of mortgagees and other occupiers of the work site), and utility locations unless specifically included in our written proposal. If the necessary consents or approvals are not obtained on time and/or are subject to unexpected conditions, then Comm Scapes reserves the right to adjust pricing and timelines accordingly to allow for a reasonable extension of time to address the delay and/or the additional work required.

4.1. Services will be charged according to written proposals, quotes, or at Comm Scapes‘ standard rates provided to the Client. Rates may be varied from time to time with written notice to the Client.

4.2. For projects exceeding $5,000, a deposit of up to 50% may be required prior to commencement of Services, with progress payments due as specified in the written agreement.

4.3. In addition to the Services, Comm Scapes may charge the Client for materials, plants, equipment, permits, disposal fees, and other disbursements as outlined in the project proposal.

4.4. Payment is due within 7 days from the date of invoice unless otherwise agreed in writing. All payments must be made without deduction, withholding or set-off. For maintenance contracts, payment terms may be established on a monthly or quarterly basis.

4.5. Comm Scapes may charge interest at 5% per month on overdue accounts, may suspend work on current projects if payments become 30 days overdue and shall charge its reasonable costs for recovering the debt (including any debt collection agency costs or legal costs on a solicitor client basis).

4.6. Unless otherwise stated, all prices are exclusive of GST. GST shall be payable on each invoice at the same time as the invoiced amount is payable.

4.7. All materials supplied including materials incorporated into the landscaping works shall remain the property of Comm Scapes until all amounts payable by the Client have been paid in full. Comm Scapes may enter the work site to dismantle and remove any landscaping works and associated materials if payment is not made in accordance with these Terms.

4.8. If materials are purchased from a subcontractor or any other third party on terms that require Comm Scapes to pay the subcontractor or third party in advance or on shorter payment terms than provided by these Terms, then Comm Scapes shall be entitled to request payment immediately by the Client regardless of whether the work or materials is located on work site.

5.1. The Client must provide safe and unimpeded access to the work site during normal business hours. Any special access requirements or restrictions must be communicated in writing prior to commencement.

5.2. The Client is responsible for marking and making Comm Scapes aware of existing utilities, irrigation lines, and underground services. Comm Scapes is not liable for damage to unmarked utilities and reserves the right to adjust pricing for when utilities are not being where marked and additional work is required to locate them.

5.3. If site conditions differ materially from those apparent during initial assessment, (which could not have been reasonably detected by a visual inspection of the work site) Comm Scapes reserves the right to adjust pricing and timelines accordingly to allow for a reasonable extension of time to address those conditions. If after consultation with the Client, the budgetary impact and/or the timeline changes are unsustainable Comm Scapes reserves the right to terminate the agreement.

5.4. The Client shall ensure that, if other parties are to be allowed access to the work site during construction, then this shall be by agreement with Comm Scapes. The Client shall ensure that access to the work site by any other parties is coordinated so as to cause as little inconvenience or delay as possible and maintain appropriate safety standards. The Client acknowledges that Comm Scapes shall have no responsibility for other parties accessing the work site and indemnifies Comm Scapes from and against any and all costs, losses, expenses or damage that Comm Scape may suffer or incur as a result of any act or omission on the part of such third parties.

6.1. Landscaping work is weather-dependent. Comm Scapes will make reasonable efforts to complete work within agreed timelines but cannot be held liable for delays caused by adverse weather conditions.

6.2. Plant installation and certain landscaping activities are subject to optimal planting seasons. Comm Scapes will advise on appropriate timing and may recommend schedule adjustments to ensure project success.

7.1. Construction work and installations are warranted for defects in workmanship for 12 months from completion, excluding normal wear and tear.

7.2. Warranties are void if the Client or third parties perform unauthorized modifications, or if recommended maintenance is not followed.

8.1. For ongoing maintenance contracts, Services will be performed according to the agreed schedule and seasonal requirements appropriate for New Zealand conditions.

8.2. Maintenance schedules may be adjusted for weather conditions, plant growth patterns, and seasonal needs to ensure optimal landscape health and appearance.

8.3. The Client must provide reasonable notice of any special requirements or temporary access restrictions that may affect scheduled maintenance.

9.1. Comm Scapes maintains appropriate public liability insurance and will provide evidence of coverage upon request.

9.2. To the maximum extent permitted by law, Comm Scapes‘ total liability for any single event or series of related events related to the Services is limited to the amount actually paid by the Client for the specific Services giving rise to the claim. Comm Scapes shall not be liable for any indirect or consequential loss or damage arising from the provision of the Services.

9.3. The Client shall indemnify Comm Scapes against all claims and losses caused by the Client's negligence, breach of these Terms, or failure to comply with safety requirements.

9.4. The Client acknowledges that the provisions of the Consumer Guarantees Act 1993 are excluded where the Client acquires Services for business purposes.

10.1. Comm Scapes is committed to maintaining safe work practices in accordance with New Zealand health and safety legislation.

10.2. The Client must ensure the work site is safe for Comm Scapes personnel and inform us of any known hazards or safety requirements specific to the site.

10.3. The Client is responsible for ensuring any Client personnel or visitors maintain safe distances from active work areas.

11.1. Comm Scapes may engage qualified subcontractors or suppliers to perform specialised aspects of the Services while maintaining overall project responsibility.

11.2. All subcontractors engaged by Comm Scapes will be appropriately qualified and insured for their respective services.

12.1. Either party may terminate Services with 30 days‘ notice for construction projects, unless otherwise agreed in writing.

12.2. Either party may terminate Services immediately upon written notice if the other party commits a material breach that is not remedied within seven days of written notice.

12.3. Comm Scapes may suspend or terminate Services immediately if invoices remain unpaid after 30 days, if the other party becomes insolvent, bankrupt or unable to pay their debts as they fall due (including where they have a receiver or similar person appointed in respect of them or any of their assets) or if site safety cannot be reasonably assured.

12.4. Upon termination, the Client agrees to pay for all work completed, materials supplied, and costs incurred up to the termination date.

13.1. Comm Scapes is committed to sustainable landscaping practices and will recommend environmentally appropriate plant selections and water-efficient solutions where possible.

13.2. All waste materials will be disposed of in accordance with local authority requirements and environmental regulations.

14.1. Design concepts, plans, and landscaping designs created by Comm Scapes (including where a third party has been commissioned by us to design, draw or develop that material) remain our intellectual property unless specifically transferred in writing as part of the agreed Services. The Client must not use, copy or reproduce (or allow anyone else to do so) those concepts, plans, and landscaping designs without Comm Scapes’ approval, other than performing the Client’s obligations under these Terms.

14.2. The client agrees that Comm Scapes may, at no cost to the Client and without disclosing the Client’s name and details, use those concepts, plans, and landscaping designs for marketing purposes or entry into competitions.

15.1. Neither party shall be liable for delays or non-performance due to events beyond their reasonable control.

16.1. Comm Scapes holds in confidence all information concerning you or your affairs that we may obtain while providing the Services to you. Any information that we collect and hold about you is done so in accordance with our Privacy Policy. Comm Scapes must not disclose any client information unless required and authorised by you as Client, or where required by law, or in accordance with our Privacy Policy.

17.1. Upon acceptance of these Terms in writing the Customer acknowledges and agrees that:
(a) these Terms constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Materials and/or collateral (account), being a monetary obligation of the Client to Comm Scapes for Works, that have previously been supplied and that will be supplied in the future by Comm Scapes to the Client.

17.2. The Client undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up to date in all respects) which Comm Scapes may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, Comm Scapes for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Materials charged thereby;
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of Comm Scapes; and
(d) immediately advise Comm Scapes of any material change in its business practices of selling Materials which would result in a change in the nature of proceeds derived from such sales.

17.3. Comm Scapes and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these Terms.

17.4. The Client waives its rights as a debtor under sections 116,120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

17.5. Unless otherwise agreed to in writing by Comm Scapes, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.

17.6. The Client shall unconditionally ratify any actions taken by Comm Scapes under clauses 17.1 to 17.5.

17.7. Subject to any express provisions to the contrary (including those contain in clauses 17.1 to 17.5), nothing in these terms is intended to have the effect of contracting out of any of the provisions of the PPSA.

18.1. In consideration of Comm Scapes agreeing to supply the Works, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these Terms (including, but not limited to, the payment of any money).

18.2. The Client indemnifies Comm Scapes from and against all Comm Scapes’ costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Comm Scapes’ rights under clauses 18.1 to 18.3.

18.3. The Client irrevocably appoints Comm Scapes and each director of Comm Scapes as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of clauses 18.1 to 18.3.including but not limited to, signing any document on the Client’s behalf.

19.1. The Client hereby expressly acknowledges that:
(a) Comm Scapes has the right to suspend work within five (5) working days of giving written notice of its intent to do so if a payment claim is served on the Client, and:

(i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Client; or
(ii) a scheduled amount stated in a payment schedule issued by the Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Client has not complied with an adjudicator’s notice that the Client must pay an amount to Comm Scapes by a particular date; and
(iv) Comm Scapes has given written notice to the Client of its intention to suspend the carrying out of construction work under the construction contract.

(b) if Comm Scapes suspends work, it:

(i) is not in breach of contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Client or by any person claiming through the Client; and
(iii) is entitled to an extension of time to complete the contract; and
(iv) keeps its rights under the contract including the right to terminate the contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.

(c) if Comm Scapes exercises the right to suspend work, the exercise of that right does not:

(i) affect any rights that would otherwise have been available to Comm Scapes under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Comm Scapes suspending work under this provision.

(d) due to any act or omission by the Client, the Client effectively precludes Comm Scapes from continuing the Services or performing or complying with its obligations under the contract, then without prejudice to Comm Scapes other rights and remedies, Com Scapes may suspend the Services immediately after serving on the Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Comm Scapes as a result of such suspension and recommencement shall be payable by the Client as if they were a variation.

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19.2. If pursuant to any right conferred by these Terms, Comm Scapes suspends the Services and the default that led to that suspension continues unremedied subject to clause 12.3 for at least ten (10) working days, Comm Scapes shall be entitled to terminate the contract, in accordance with clause 12.3.

20.1. These Terms may be updated from time to time, with changes applying to new engagements after the date that notice of the revision is given to the Client.

20.2. These Terms constitute the entire agreement between parties unless modified by written agreement signed by both parties.

20.3. If any provision is unenforceable for any reason, the remaining provisions remain in full effect.

20.4. These Terms are governed by New Zealand law, and parties submit to the exclusive jurisdiction of New Zealand courts.

20.5. Any disputes must be referred to adjudication in accordance with Part 3 of the Construction Contracts Act 2022 before formal legal proceedings are initiated.

20.6. Any failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.

Comm Scapes
021 411 871
hello@commscapes.co.nz
www.commscapes.nz

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Comprehensive landscaping solutions delivered on time, on budget, with uncompromising quality.