TERMS & CONDITIONS
These Terms apply to all services provided by Busy Lizzy Gardens Limited (BLGL, we, us)
You must let us know at least 48 hours in advance if you wish to cancel your BLGL gardening session. We may charge you for the session if you don’t. You need to give us at least 14 days’ notice if you wish to cancel your ongoing maintenance services.
Please make sure that we can access the property to work safely. We may charge for our time if we are unable to access the property to work safely. Please note – we are unable to work around loose or untethered dogs, or if there is dog poo in the garden.
Plants and third-party supplies
BLGL is not responsible for plants and products purchased and supplied to you as part of our services. We endeavour to plant all plants with care and diligence but will not be responsible for any plants that die.
Time of delivery of services
We use reasonable endeavours to provide the services in accordance with any timelines or milestones agreed with you, but will not be liable for any delay, however caused. Where we are delayed (including by weather or the availability of supplies) we will reschedule the work for the next available time.
Prices will be agreed with you prior to commencement of our services and are subject to change. Prices are exclusive of GST and any fees and agreed costs (including plants, materials and other consumables, and any payment provider surcharges), which are payable in addition.
BLGL loves to be paid within 5 days of issuing the invoice. We prefer to be paid online and cannot accept cash or cheques. Late payments may incur an extra charge of 4% above the standard business overdraft rate at BLGL’s bank. We may suspend or terminate the supply of our services if fees are not paid on time.
For design work, a deposit of 75% of the quoted fee must be paid for us to start work. The balance is payable on delivery of the plans. Quotes are valid for one month from date of issue and include 1 or 2 minor revisions to plan. Further consultation/design advice over and above the scope of the quote will be charged at our standard hourly rates.
Please note: BLGL provides landscape and gardening designs. It is not a Licensed Building Practitioner (LBP). To the extent our designs include elements that may constitute or require restricted building work, these are artistic suggestions only. You are responsible for ensuring that any restricted building work is designed and undertaken by a LBP.
We do not undertake building work, but if requested may assist you with identifying a building contractor and explaining our design to them. We may charge for our time in providing this assistance. Any builder will be engaged directly by you and BLGL will not have any liability for the acts or omissions of any of any builder you engage. We may receive a commission, referral fee or other reward from builders we introduce.
We may work with other service providers, such as aborists, in connection with our services. If these service providers are onsite at the same time as us, we may choose to engage these service providers and oversee their work as a subcontractor to BLGL. Where we do so, these Terms will apply to and we will invoice you for the subcontractors’ services. Otherwise, these service providers are engaged directly by you and you will be responsible for overseeing and paying fees of the service provider.
Health and safety
You are responsible for ensuring that the area you are asking us to work in is safe, and for notifying BLGL of any hazards or risks. You will, and will ensure any other contractors you engage will, work with us to identify and mitigate health and safety risks.
We’d love to use some photos of your garden on our website/Facebook/Instagram or other social media sites in a way that does not identify you. You agree we may do so unless you have told us otherwise. We treat all customer details as confidential.
BLGL will use reasonable endeavours to provide our services using reasonable diligence, care and attention. All representations, terms, warranties, guarantees or conditions (however arising) in respect of our services are expressly excluded to the maximum extent permitted by law.
If not excluded, to the maximum extent permitted by law, BLGL’s liability in relation to the services is limited to and will be completely discharged by:
(a) supplying the services again; or
(b) payment of an amount equal to the total charges paid by you for the services that are the subject of the claim.
BLGL is not liable to any party other than the customer in connection with these Terms or the services it provides.
Nothing in these Terms excludes, restricts or modifies the application of any legislation that cannot be excluded, restricted or modified at law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
Where our services are acquired by you in trade for the purposes of a business, the Consumer Guarantees Act 1993 does not apply and we contract out of the Fair Trading Act 1986 to the maximum extent possible.
You indemnify BLGL from and against all actions, claims, costs, losses, liabilities or demands suffered or incurred by BLGL to any person in connection with any act or omission of you (or any person you engage).
BLGL may at any time assign any of its rights or obligations under these Terms to any third party without consent by giving notice to you.
These Terms represent the entire agreement relating to the provision of services by BLGL and replace all earlier negotiations, representations, warranties, understanding and agreements, whether oral or written in relation to the acquisition and supply of services by BLGL.
BLGL reserves the right to review and amend these Terms at any time. BLGL will notify you of any changes. You will be deemed to have accepted those changes if you make a further request for BLGL to provide services, or choose to continue with ongoing maintenance services, after receiving notice of a change, and in that case the Terms (as amended) will apply to each subsequent supply of services.
Any questions? Ask us:
021 179 3395