Terms and Conditions
1. FOR LANDSCAPE AND EARTHWORKS SERVICES
The terms and conditions (“Terms”) as follows are incorporated in all agreements between Razorback Group Limited (“us/we/our”) and you, our customer, the person named in the Estimation, invoice and/or users of our website (“you/your”). In the event of any inconsistency between these Terms and any terms and conditions in the Estimation or invoice, these Terms will take precedence. We may modify and update these Terms at any time. In using our website and Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms, you cannot use our website or any of our Services.
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2. DEFINITIONS
“Commencement Date” means the starting date of the Services as further defined in the Estimation or advised to you. “Earthworks” includes excavation, transporting, unloading and compaction of earth which may mean grading, drilling, profiling, septic tank work, retaining walls, concreting, paving and other project works from time to time.
“Estimation” means the Estimation provided to you regarding the supply of our Services.
“Fee” means the price payable for the Goods and/or Services as invoiced to you by us.
“Goods” means the earthworks and landscaping supplies and/or goods to be provided with the Services.
“Practical Completion” means the date that we advise you that the Services are complete.
“Property” means your address, or the address where the Earthworks is located as further specified in the Estimation.
“Services” means the hire of equipment and operator to complete earthworks and landscaping works set out in our Estimation provided to you and any other services whatsoever supplied by us to you (and where the context so permits shall include any supply of Goods as defined above).
“Website” means razorback.co.nz.
“You/Your” refers to you, the customer, the client, visitor, website user or person visiting our website.
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3. ACCEPTANCE
The Estimation is an offer to you to request us to provide the Services at the price and subject to these Terms. The Estimation is valid for 30 business days from its issue date, and if not accepted within that time will be deemed withdrawn unless specifically agreed by us in writing. You acknowledge that the Estimation is not a binding price for the Services and that you will be charged for actual Services carried out. The Estimation is subject to increase in the event of unexpected additional work, lack of or restricted access to the Property, unforeseen circumstances, or increases in the cost of materials or labour. Your acceptance of our Estimation or any instructions received by us from you for the supply of Goods and/or Services constitutes acceptance of these Terms.
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4. PAYMENT
A deposit of 50% of the total Fee is payable upon acceptance of our Estimation. An invoice for this deposit will be issued within two (2) working days and is due for payment on the day it is emailed to you. The deposit may be applied towards the purchase of materials, scheduling of Services, or other upfront costs required to complete your project. Deposits are generally non-refundable once materials have been ordered or Services scheduled. Final payment is due on the date specified in the invoice. Any late or unpaid invoices will incur interest at 2.5% per month, plus any debt collection costs and legal expenses on a solicitor/client basis.
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5. OUR OBLIGATIONS
We will complete the Services described in the Estimation or otherwise agreed with you, using reasonable care and skill. Services may be performed by us, our employees, contractors, or agents. We will comply with relevant laws, regulations, industry standards, and your reasonable directions.
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6. YOUR OBLIGATIONS AND WARRANTIES
You agree to: provide necessary information, instructions, and approvals; provide access to the Property, water, and electricity at no cost; obtain any required Council approvals (unless agreed we will do so at additional cost); advise us of underground services and ensure the Property is safe for work; maintain appropriate insurance; indemnify us for costs arising from breach of these warranties.
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7. VARIATIONS
Any variations to the original Services will incur additional costs. Variations may include changes to scope, timing, or discoveries of unforeseen underground issues. Each variation and cost must be agreed in writing before we proceed.
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8. DELAYS AND FORCE MAJEURE
Delays due to weather or circumstances beyond our control will not invalidate this agreement. We are not liable for such delays.
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9. ONGOING MAINTENANCE
Upon Practical Completion, responsibility for maintenance (including lawns, plants, earthworks) transfers to you. We are not liable for damage caused by weather, neglect, or other factors beyond our control.
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10. DEFECTS
You must notify us of any defects attributable to us within 90 days of Practical Completion. We will use reasonable endeavours to correct defects. No claims may be made after 90 days. We accept no liability for variations in natural materials.
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11. REFUNDS & CANCELLATIONS
If you cancel before work has commenced and no materials have been purchased, you may receive a partial refund of your deposit, less a cancellation fee of 5–10% of the total contract value to cover administration and scheduling costs. If you cancel after materials have been purchased, your deposit will be applied to those costs and is non-refundable. No refunds will be given for change-of-mind cancellations once work has commenced. Services are provided with due care and skill. Where liability cannot be excluded, our total liability is limited to re-supplying the Services or refunding the amount paid for the Services in question. Goods covered by the Consumer Guarantees Act 1993 may be refunded, replaced, or credited if faulty, wrongly described, or not fit for purpose.
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12. LIMITATION OF LIABILITY
To the extent permitted by law, we exclude all other warranties, guarantees, or liability for loss, including indirect or consequential loss.
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13. TERMINATION
Either party may terminate this agreement for breach not remedied within 30 days of written notice.
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14. DISPUTES
Disputes must be raised in writing and resolved confidentially. If unresolved, both parties agree to appoint an independent arbitrator.
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15. ASSIGNMENT
We may subcontract or assign this agreement without your consent.
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16. PRIVACY
We comply with the Privacy Act 2020. Personal information collected will be managed in accordance with our Privacy Statement.
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17. WEBSITE DISCLAIMER
We endeavour to provide accurate information but make no warranty as to its reliability or suitability.
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18. INTELLECTUAL PROPERTY
We may take and use photos of our work for promotional purposes unless you notify us in writing not to. All website content and trademarks remain our property.
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19. HEALTH & SAFETY
You must provide a safe work environment and comply with any health and safety directions. We are not responsible for unsafe use of Goods or Services outside our control.
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20. CONSUMER GUARANTEES ACT 1993
If Goods or Services are supplied for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply.
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21. OWNERSHIP
We retain ownership of Goods until paid in full. We reserve the right to remove unpaid Goods after 90 days.