Terms and Conditions

These Terms and Conditions apply to all Services and Goods supplied by Razorback Group Limited (“we”, “us”, “our”) to you (“you”, “your”, “Customer”). By accepting an estimate, requesting Services, or allowing us to commence work, you agree to be bound by these Terms and Conditions.

 

Definitions

1. "Commencement Date" means the starting date of the Services as specified in the Estimate or otherwise advised.

2. "Customer" means the person, business or entity requesting Services from Razorback Group Limited.

3. "Earthworks includes" excavation, transporting, unloading, compaction of earth, grading, drilling, site preparation, landscaping works, retaining walls, concreting, paving and other associated works.

4. "Estimate" means any quotation or estimate provided by Razorback Group Limited outlining the proposed Services.

5. "Fee" means the price payable for the Goods and/or Services as invoiced.

6. "Goods" means any materials, products, machinery hire, supplies or equipment provided by us.

7. "Practical Completion" means the date on which we advise that the Services have been completed.

8. "Property" or "Site" means the location where the Services are performed.

9. "Services" means the hire of machinery and operators and all associated earthworks, excavation, landscaping or contracting services provided by Razorback Group Limited.

10. "Website" means razorbackgroup.co.nz.

 

Acceptance

An Estimate constitutes an offer to provide Services subject to these Terms. The Estimate is valid for 30 days unless otherwise stated. Acceptance occurs when you approve the Estimate, instruct us to proceed with work, we begin work at your request, or you accept delivery of Services or Goods. Once accepted, these Terms form a binding agreement.

 

Estimates and Pricing

All Estimates are estimates only. Final charges may vary due to actual labour time required, site conditions, restricted access, variations requested by you, unforeseen underground conditions, material price increases, or additional work required to safely complete the Services. You agree to pay for all Services performed and Goods supplied.

 

Payment

Invoices are payable within seven (7) days of the invoice date unless otherwise agreed in writing. If payment is not made by the due date we may charge interest at 2.5% per month on overdue amounts, suspend further Services, and recover all costs incurred collecting the debt including legal fees and collection agency costs. Ownership of any Goods supplied remains with us until full payment has been received.

 

Our Obligations

We will perform the Services described in the Estimate with reasonable care and skill. Services may be performed by our employees, contractors or subcontractors. We will use reasonable endeavours to comply with relevant laws and industry standards, perform Services professionally, and follow reasonable customer instructions where practical.

 

Customer Obligations

You agree that you are the owner of the Property or authorised to request the Services, you will provide safe and clear access to the Property, you will ensure pets, children and hazards are controlled, you will provide water and electricity if required at no cost, you will obtain any required council approvals unless agreed otherwise, you will provide safe parking and access for machinery and vehicles, and you will ensure the work area is safe and suitable for machinery. You must clearly identify and mark the location of all underground services including power, gas, water, sewer, irrigation, telecommunications and fibre cables. We will not be responsible for damage to underground services that were not disclosed or clearly marked prior to work commencing.

 

Hidden Hazards and Machinery Damage

The Customer acknowledges that sites may contain hidden debris or hazards including wire, metal, concrete, rock, buried rubbish, tree roots, fencing material or underground obstructions. Where damage occurs to our machinery or equipment as a result of hidden or undisclosed hazards at the Property, we reserve the right to recover the reasonable cost of repair or replacement from the Customer.

 

Variations

Any changes to the Services requested by the Customer may result in additional costs. Variations include changes to the scope of work, site size, materials, timing or access conditions. Variations should be agreed in writing where possible before work proceeds.

 

Delays and Force Majeure

Any completion dates are estimates only. We are not liable for delays caused by weather, ground conditions, access issues, equipment breakdown, supply delays or events beyond our control.

 

Site Access and Property Damage

 

Heavy machinery may cause surface damage to driveways, lawns or accessways. Unless caused by our negligence, we are not responsible for rutting of ground, damage to lawns, damage to driveways or accessways, or subsidence or ground movement caused by soil conditions.

 

Practical Completion and Maintenance

Upon Practical Completion, responsibility for maintenance of the Property transfers to the Customer. We are not responsible for deterioration caused by weather, drought, flooding, frost, animals or lack of maintenance.

 

Defects

Any defects attributable to our workmanship must be notified within ninety (90) days of Practical Completion. We will make reasonable efforts to rectify defects. We are not liable for defects resulting from incorrect information supplied by the Customer, poor site conditions, lack of maintenance or third-party interference.

 

Limitation of Liability

To the maximum extent permitted by law we exclude liability for indirect or consequential losses and our liability is limited to the value of the Services supplied. Nothing in these Terms excludes rights under the Consumer Guarantees Act 1993 where applicable.

 

Cancellation

If you cancel the Services after accepting the Estimate you must reimburse us for work already completed, materials ordered and reasonable administration costs. Deposits are non-refundable once work has been scheduled or materials ordered.

 

Dispute Resolution

If a dispute arises both parties agree to attempt resolution in good faith. If unresolved the matter may be referred to mediation or arbitration. Each party will bear their own costs unless otherwise agreed.

 

Privacy

We comply with the Privacy Act 2020. Personal information collected will only be used for providing Services and managing our business relationship.

 

Website Disclaimer

Information on our Website is provided in good faith. We do not guarantee that website content is always accurate, complete or up to date.

 

Intellectual Property

We may take photographs of work performed for marketing purposes. We will not publish information that identifies your address or personal details without permission.

 

Health and Safety

Customers and visitors must comply with all health and safety instructions provided by us while work is being performed.

 

Governing Law

These Terms are governed by the laws of New Zealand.