Unless the context otherwise requires, the following definitions shall apply to these terms and conditions (“terms”):
(a) Charge interest, by way of liquidated damages, on all overdue accounts at the default rate calculated on a daily basis from the date on which payment was due until payment is made;
(b) Withhold undelivered services;
(c) Refer the matter to a debt collection agency for collection.
6.0 OUR RESPONSIBILITIES
7.0 CONSUMER GUARANTEES ACT
8.0 YOUR RESPONSIBILITIES
9.0 OTHER SERVICES
Any charge for the removal of power lines or telephone cables will be your responsibility.
10.0 SELLING AND STUMP GRINDING
Quotations for felling are based on the assumption of vegetation being free from metal, stone or other hidden obstructions. If the vegetation is impractical to fell in the normal way, we may re-quote accordingly.
Stump grinding involves the removal of a tree stump to a depth of 150mm, but does not include the removal of lateral root or stump chippings.
11.0 LIMITATION OF LIABILITY
In no case shall we be liable to you or any other person for indirect or consequential loss or damage of any kind arising out of or attributable to any breach by us of the warranties or conditions or obligations under these terms or negligence or otherwise. For the purposes of these terms consequential loss includes (without limitation) loss or use of goods & services, loss of income or profit & consequential loss or damage to persons & property.
Regardless of the legal basis of any claim of any kind made against us, our maximum liability to you under any circumstances shall not exceed the sum paid by you for the services supplied by us and which gave rise to that claim.
No employee, agent of, or independent contractor engaged by us shall in any circumstances be under any liability of any kind to you whether arising directly or indirectly from any act, neglect or default on the part of such person while acting in the course of or in connection with his or her employment, agency or engagement and, without prejudice to the generality of the foregoing provision, every exemption, limitation, condition & right expressed or implied in these terms on the part of or in our favour shall extend to protect every such employee, agent or independent contractor.
We shall not be liable for any loss or damage of any kind arising out of or attributable to your interference with, or work undertaken by you or on your behalf, or your failure to perform agreed work, in relation to any services supplied by us without our consent.
You indemnify us against any loss (including economic, indirect & consequential loss), liabilities, costs & expenses (including legal costs on a solicitor/client basis) arising out of or attributable to any breach by you of your warranties, conditions or obligations under these terms, or your negligence or otherwise.
While we are a member of the Electricity & Gas Complaints Commission Scheme, nothing in these terms limits or excludes any rights you may have, or obligations we may have, under that scheme.
We will collect and hold personal information about you in the course of providing services to you.
This information may be used for credit, marketing & administration purposes and we may disclose personal information about you to our agents and to any debt collection agency which we may use.
We will comply with our legal requirements relating to the privacy of information which we hold about you, including giving you the rights to access and correct personal information conferred by the Privacy Act 1993.
We shall not be deemed to have waived or varied any provision of these terms or any right or remedy which we may have under these terms or at law or in equity or otherwise unless the waiver or variation is in writing signed by us. No waiver of a breach shall be deemed to be a waiver of any other breach or any further breach.
These terms and the relationship between the parties shall be governed by the laws of New Zealand.
Each provision of these terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid it is to be treated as severed from these terms & the rest of these terms will not be affected.
We may assign or transfer any of our rights under these terms at any time without your consent.