1. Who we are
Waikato Gardener ("we", "us", "our") is a sole-proprietor business registered in New Zealand and trading under the name "Waikato Gardener" from 218 Te Aroha Street, Claudelands, Hamilton 3214. You can reach us by phone at (07) 853 4267 or by email at kia.ora@waikatogardener.com. We are GST-registered with Inland Revenue under GST number 122-489-376.
2. Using this website
This website is provided for general information about our gardening services and to give you a way of contacting us. By using the site you agree to these terms. If you don't agree, please stop using the site.
The content is provided on an "as-is" basis. We make reasonable efforts to keep the information accurate but we do not warrant that the site is free of errors, omissions, or interruptions. Information on this site is not professional advice for your specific section — for that, we need to visit the property.
3. Booking a service
A binding contract for gardening work is formed only when we issue you a written quote or work order which you accept (by phone, email, or signature on our tablet at the property). A request for a quote is not a contract. Our quotes are valid for thirty days unless otherwise stated.
We will identify ourselves on arrival and carry photo ID. If you have asked us to attend at a specific time and we attend and you are not at home (and we cannot access the section), you may be liable for a wasted-callout fee equal to our standard one-hour minimum charge.
4. Prices and payment
Published prices on this website include 15% GST and are indicative starting points. The actual price for your job is set out in the written quote we issue before work begins. We accept payment by bank transfer (account details on the invoice), card on the tablet at completion (Stripe terminal), or by cash on the day. Payment is due within seven days of invoice unless a different schedule is agreed in writing.
For ongoing fortnightly rounds, we invoice on the last working day of each calendar month for all visits in that month. Property-management and body-corporate accounts are net-twenty on agreement.
5. Consumer guarantees & workmanship
Where you engage us as a consumer (i.e. for personal, domestic, or household purposes), the work we provide carries the statutory guarantees set out in the Consumer Guarantees Act 1993 — including that services will be carried out with reasonable care and skill, fit for purpose, and completed within a reasonable time. These statutory rights are not affected by anything in these terms.
In addition, we provide a workmanship guarantee on the labour element of any installation or planting work we carry out: if a planting fails to take within twelve months due to our planting technique (rather than weather, vandalism, stock damage, or owner-driven changes), we replace the affected plants at no labour cost. Plants themselves remain subject to the supplier's natural-life guarantee.
Where you engage us for business purposes (e.g. a rental property held in a company or a commercial body corporate), the parties may agree under the Consumer Guarantees Act 1993 that the Act does not apply to that engagement — and where so agreed in writing, the guarantees above are limited to the workmanship guarantee in this clause.
6. Cancellation
You can cancel a booked appointment up to twenty-four hours before the agreed time at no cost. Cancellations inside twenty-four hours may incur a charge equal to fifty per cent of our standard one-hour minimum ($42.50, GST inclusive). Storm-roster callouts already dispatched cannot be cancelled without charge once the ute is on the road.
For larger quoted projects (planting projects over $1,500) where the contract was signed at the property, you may have additional cancellation rights under the Fair Trading Act 1986 for unsolicited direct sales. None of our quotes are unsolicited (we only quote work you have asked us to quote), but the statutory protection remains available where it applies.
7. Liability
We carry $1,000,000 NZD of public liability insurance through Vero Insurance, certificate available on request. Our liability for any single claim arising out of work we carry out is limited to the value of that insurance cover, except where a higher limit is required by law (for example for death or personal injury caused by our negligence, where statutory limits apply).
We are not liable for indirect or consequential losses — for example, loss of income from a damaged rental section or stud-farm operation — arising from a property issue, except where caused by our negligence or breach of contract.
Nothing in this clause limits any liability that cannot be lawfully limited under New Zealand law, including under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or the Health and Safety at Work Act 2015.
8. Governing law
These terms and any contract formed under them are governed by the laws of New Zealand. Any dispute will be subject to the exclusive jurisdiction of the District Court of New Zealand (Hamilton registry), or where appropriate the Disputes Tribunal under the Disputes Tribunal Act 1988.
Nothing in these terms restricts the rights you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other New Zealand consumer-protection statute — those rights are in addition to anything written here.
9. Changes to these terms
We may update these terms occasionally to reflect changes in law or how we work. The current version is always on this page, with the "last updated" date at the top.