Terms of Trade
PMBOI LTD takes pride in being a locally-owned and operated business serving residential and commercial customers in the Bay of Islands and the wider Northland district. We provide a variety of general property maintenance, gardening, and landscaping services. Our aim is to meet your needs within our areas of expertise. To ensure that you are aware of the basis upon which we will undertake work for you we set out below our Terms of Trade.
Please be also advised of our Privacy Policy and the Terms & Conditions relating to the use of our website.
WORK INITIATION & QUOTATIONS
- Before we undertake work for you, we will provide you with a brief summary of the work we are to undertake and can provide an estimation or a quote on the costs involved in completing the work.
- Please advise us immediately if you consider the summary of work to be provided as incorrect or inadequate. If you do not do so we will assume that the summary is correct. Amendments to a summary may impact our estimation or the quote.
- A quotation relates directly to the summary provided. Further work over and above the summary will probably not be an issue to undertake on your behalf but will likely incur further costs.
- By either emailing acceptance of a quotation, paying the requested deposit of a quotation or by verbal instruction to proceed with a quotation you are confirming that you are contracting PMBOI LTD to undertake the services described in this quotation on the terms set out in this document and that you have the authority to have these services carried out on the property described.
- The price or prices provided in the quotation exclude GST, which must be paid by you in addition to the price or prices quoted.
- Dump fees are an estimate only. Any additional charges incurred for waste dumping will be invoiced at our standard dumping rates.
- Quotations are free (this includes one site visit only). If more site visits are needed there will be an hourly rate of $65.00 per hour + GST charged.
- Quotations are based upon any information you provide us and what we can reasonably be expected to see in carrying out an inspection when we provide you with a quote. In the event, matters arise outside the scope of those which impact the nature or extent of the work required to complete the services, including without limitation soil or subsoil conditions or obstructions we reserve the right to amend our quotation, though will raise this with you as quickly as possible.
SERVICES
- While we try and take care when pressure washing there is a risk of damage to materials and weak structures. It is your responsibility to identify and inform us about any objects or installations that could be damaged from pressure washing. You are responsible for removing or protecting these objects or installations before we carry out pressure washing work. If conducting pressure washing at your request, we will not be liable for damage arising from the pressure washing itself.
- If we are required to use heavy machinery that may, in itself, cause damage to surfaces which we cannot avoid and for which we will not be responsible.
- You are responsible for identifying the location of any underground services and advising us of that location. If you do not provide us with that information and it is inaccurate, we will not be liable for any damage caused to such services in the course of carrying out work for you. A cable location service can be provided if required at an additional cost.
- In the event we complete a landscape plan for you, in the absence of any agreement to the contrary any intellectual property in such plans remains the property of PMBOI LTD.
- PMBOI LTD will carry out our best practices when planting new plants. Once plants are in the ground it is your responsibility to ensure these plants are maintained for healthy growth.
- While PMBOI LTD will carry out best practice methods in trimming/topping/moving trees, it cannot guarantee the survival of the trimmed/topped/moved trees and will not be liable for any financial reimbursement for the cost of the loss of the tree/trees or for any other loss. Debris is left where it falls unless our summary of work includes its removal.
- It is your responsibility to identify and mark the boundaries of your property and to communicate with neighbouring property owners and PMBOI LTD if planned work may affect areas beyond your boundaries in any way. In the absence of being informed to the contrary, we will assume permission has been obtained.
- Fence timber whether wet or dry has a shrinkage factor which is out of PMBOI LTD’s control. The timber on minor constructions can warp over time and we will not be responsible for shrinkage or warping.
- Weather events may impact our ability to complete work for you in accordance with the timeframes given and we will not be responsible for any delays caused by weather or factors beyond our control.
PAYMENT
- Where we request it a 25% non-refundable deposit is required prior to work commencing.
- We may interim invoice either at the end of a month for ongoing work or on the completion of work.
- Unless otherwise agreed with you, payment is due within 7 days of the invoice.
- Interest may be charged on any unpaid invoices after the due date at the rate of 2% per month.
- PMBOI LTD reserves the right to stop work on ongoing projects should any invoices remain unpaid.
GENERAL
- PMBOI LTD shall not be liable for any loss of profits, or any consequential, indirect or special loss or damage you may suffer arising directly or indirectly from any breach of any of PMBOI LTD’s obligations arising under or in connection with the services.
- Notwithstanding anything contained in these terms, the liability of PMBOI LTD whether in contract or pursuant to any cancellation of the services or in tort or otherwise, in respect of all claims for loss, damage or injury arising directly or indirectly from any breach of any of PMBOI LTD’s obligations arising under or in connection with this contract from any negligence, misrepresentation or other act or omission on the part of PMBOI LTD, its servants, agents or contractors, or from any other cause whatsoever, shall not in aggregate exceed the full price (exclusive of goods and services tax, and other taxes and duties) of the contract.
Effective Date: 1 April 2022
