Terms Of Trade
Thank you for choosing Small Farm Services Hawke’s Bay to help you with your lifestyle block. Following are our Terms of Trade, to ensure smooth relations between SFSHB and the client. These Terms of Trade are subject to change without prior notice.
“Contractor” shall mean Small Farm Services Hawke’s Bay Limited, its successors and assigns or any person acting on behalf of and with the authority of Small Farm Services Hawke’s Bay Limited.
“Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting the Contractor to provide the Works as specified in any proposal, quotation, order, invoice or other documentation, and:
if there is more than one Client, is a reference to each Client jointly and severally: and
the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
includes the Client’s executors, administrators, successors and permitted assigns.
“Works” means all Works or Materials provided by the Contractor to the Client, at the Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).
“Price” means the Price payable for the Works.
“Site” means the address nominated by the Client at which the Works are to be undertaken by the Contractor.
1. Conduct and Professionalism
We will provide people and equipment that are fit and proper for the task at hand, and that all people coming to your property are competent, trustworthy, and pleasant to deal with. We will completely respect your privacy. We will only open gates required for machinery access to work areas. In such case, all gates will be immediately closed again after passing through. Upon arriving at the site we will present ourselves to you and supply identification. If nobody is home, we will leave a business card at your door, or in your letter box, so you know we have visited. We don’t need you to be present while we work at your property, although, you’re engaging us to work for you is tacit approval for us to be on your property for the purpose of carrying out such work. Any access codes provided to us will be kept confidential.
Where present, we will advise you of any hazards that may be created by our work, and minimise these hazards as practicable.
Please note: by the very nature of what we do, and the machinery we employ, we cannot guarantee that no hazards will arise from our work. Where possible, we will keep all mower discharge paths directed away from dwellings, people and animals. We expect you will advise us of any hazard known to you that may impact on our ability to operate safely and efficiently – for example, debris hidden by long grass, access tracks undercut by water, etc.
For fencing and excavation jobs you (the client) must contact Service Providers to have the location of all pipes, phone lines, cables etc. marked before work commences. All care will be taken; however, no responsibility will be accepted for damage to these (i.e. power, phone, water, gas etc.)
We reserve the right to refuse to engage in any work that we feel presents an unacceptable hazard to our operators or machinery. Such refusal will not remove your obligation to pay for the work completed before such withdrawal of services occurs. An example of this would be if the ground conditions became too slippery to continue safely.
We will bill you for work done on the agreed charging rates discussed with you upfront. Nor will we bill you for on-site time when not working, (except under exceptional circumstances - see clause 7).
Occasionally unforeseen additional expenses associated with the job may arise and will be discussed with the Client as soon as possible. The Client will be liable for these costs; this also applies to any additional works and/or materials requested by the Client after original quotes have been accepted, including add on & additional extras not quoted on and asked for after the job has commenced.
The Client acknowledges that any estimates as to the time frames for the commencement and completion of the work are approximate only. We will use all reasonable endeavours to ensure the work is commenced and completed within the time frame specified but shall not be liable for any delay or failure to do so.
The person who engages us is the person responsible for paying us. In the case of an entity, we will not proceed with the work without a purchase order or another form of written confirmation. If you engage us to work on a property not owned by you, you undertake to ensure we are paid within our normal terms. All collection or late payment fees are payable by you, whether you own the property or not.
4. Payment Terms
We require payment within 7 days of invoice date. If you do not have an email address, we will post your invoice and will have deemed your receipt within 3 business days of posting. Your payment is due within 7 days of that assumed receipt date.
We prefer payment by means of direct credit via Internet banking. When direct crediting via Internet banking, please reference your invoice number to ensure your payment is allocated correctly.
If you do not pay us by the due date, at our absolute discretion you may be charged interest on any unpaid amount at the rate of 5% per calendar month, (calculated daily), from the date payment was due until payment has been made. Legal proceedings may be undertaken to recover payment owing. None of these actions will reduce your obligation to make payment in full, and you will be liable for any costs we incur in securing payment from you, (debt collection costs are currently the greater of; 25% of amount owing, or $150 + GST).
If the work required is for handover to a new owner, expected cost of the work will be invoiced and full payment required BEFORE the work commences.
5. Ownership of products supplied / booking deposit
We require an advance payment or booking deposit when ordering services such as Fertiliser and lime, grass seed, spray concentrates and fencing materials. This payment will be used to purchase the products required and said products will be kept separate at our yard or delivered directly to you, and identified as your property, until such time as application is effected. Even where advance payment has been made, this does not reduce your obligation to make full payment under our normal payment terms, as described previously. All materials supplied by the Contractor including materials incorporated into the Fencing and Construction Works shall remain the property of the Contractor until payment has been made in full. The Contractor shall be entitled to full access to the Site to dismantle and remove all Fencing and Construction Works and materials if payment is not made in accordance with this Agreement.
6. Pasture or other damage
Surface damage from tractor wheels or mower blades can occasionally occur. While we take all practicable steps to avoid this, it can happen due to the nature of our work. Sometimes it is completely impossible to predict ground strength and/or saturation. Please be reassured we take all steps possible to prevent getting stuck (lost time is expensive for us and we hate damaging your land).
However, should pasture, ground surface, or any other damage occur due to our activities, we will not be liable for repair.
Also, it can occasionally occur that hidden items, (like troughs or water pipes), can be damaged by our activities, or damage may occur from mower discharge. While we will take all practicable steps to avoid such incidents, we cannot be held liable for any losses or damage. We will take immediate action to minimise flow-on effects where possible, such as securing a cut water pipe, or promptly advising you of the issue. This is a rare occurrence but can happen, especially when cutting long grass or weeds.
7. Damage to our equipment
We normally "carry" the cost of damage to our equipment, (such as broken blades/gearboxes etc). If, however, such damage is caused by a concealed hazard known to you that we have not been advised of, we reserve the right to charge for said damage. We reserve the right to suspend or curtail operations should excessive damage occur to our equipment from hazards that become apparent during operations - (stones, debris, concrete, stumps are some examples). This will not abrogate your responsibility to pay us for the work completed up to that point.
We carry a comprehensive Public Liability and Moral Obligation Insurance.
Thank you for engaging us to work for you - we look forward to being of service!
Justin and Charlotte Bray