Terms & Conditions

1.1 "Grudge Lawn Care" means Tawera Paapu trading as Grudge Lawn Care, its successors and assigns, or any person acting on behalf of and with the authority of Tawera Paapu.

 

1.2 "Client" means the person/s ordering the Works as specified in any invoice document or order, and if there is more than one Client is a reference to each Client jointly and severally.

 

1.3 "Works" means all Works or Materials provided by Grudge Lawn Care 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) and include any advice or recommendations.

 

1.4 "Prime Cost Item" shall mean an item that either has not been selected or whose Price is not known, at the time this contract is entered into and for the cost of supply and delivery of which Grudge Lawn Care must make a reasonable allowance in the contract.

 

1.5 "Provisional Sum" shall mean an estimate of the cost of carrying out particular Works under this contract for which Grudge Lawn Care, after making all reasonable inquiries, cannot give a definite Price at the time this contract is entered into.

 

1.6 "Price" means the price payable for the Works as agreed between Grudge Lawn Care and the Client in accordance with clause 5 below.

 

2. Acceptance

 

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts provision of the Works.

 

2.2 These terms and conditions may only be amended with Grudge Lawn Care consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Grudge Lawn Care.

 

3. Change in Control

 

3.1 The Client shall give Grudge Lawn Care not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client's details (including but not limited to, changes in the Client's name, address, contact phone or fax number/s or business practice). The Client shall be liable for any loss incurred by Grudge Lawn Care as a result of the Client's failure to comply with this clause.

 

4. Authorised Representatives

 

4.1 Unless otherwise limited as per clause 4.2, the Client agrees that should the Client introduce any third party to Grudge Lawn Care as the Client's duly authorised representative, that once introduced that person shall have the full authority of the Client to order any Works (and/or to request and variation thereto) on the Client's behalf and such authority shall continue until all requested Works have been completed or the Client otherwise notifies Grudge Lawn Care in writing that said person is no longer the Client's duly authorised representative.

 

4.2 In the event that the Client's duly authorised representative as per clause 4.1 is to have only limited authority to act on the Client's behalf then the Client must specifically and clearly advise Grudge Lawn Care in writing of the parameters of the limited authority granted to their representative.

 

4.3 The Client specifically acknowledges and accepts that they will be solely liable to Grudge Lawn Care for all additional costs incurred by Grudge Lawn Care (including Grudge Lawn Care profit margin) in providing any Works or variation/s thereto, requested by the Client's duly authorised representative (subject always to the limitations imposed under clause 4.2 (if any).

 

5. Price and Payment

 

5.1 At Grudge Lawn Care sole discretion, the price shall be either:

 

(a) as indicated on invoices provided by Grudge Lawn Care to the Client in respect of Works provided; or

 

(b) Grudge Lawn Care quoted Price (subject to clause 6) which shall be binding upon Grudge Lawn Care quotation in writing within thirty (30) days or sign Grudge Lawn Care contract within the prescribed timeframes.

 

5.2 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by Grudge Lawn Care, which may be:

 

(a) on completion of the Works; or

 

(b) by way of progress payments in accordance with Grudge Lawn Care specified progress payment schedule. Such progress payment claims may include the reasonable value of any Materials delivered to the worksite but not yet installed. Where no payment stages have been specified, Grudge Lawn Care may submit detailed payment claims at intervals not less than one (1) month for Works performed up to the end of each month;

 

(c) For certain approved Clients, due twenty (20) days following the end of the month in which a statement is posted to the Client's address or address for notices;

 

(d) the date specified on any invoice or other form as being the date for payment; or

 

(e) Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Grudge Lawn Care.

 

5.3 Unless otherwise stated, the Price does not include GST. In addition to the Price, the Client must pay to Grudge Lawn Care an amount equal to any GST Grudge Lawn Care must pay for any provision of Works by Grudge Lawn Care under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

5.4 Unless otherwise agreed to in writing between the parties, no allowance has been made in the Price for the deduction of retentions. In the event that retentions are made, Rapid Lawn reserves the right to treat all retentions as placing the Client's account into default.

 

6. Variations

 

6.1 Grudge Lawn Care reserves the right to change the Price:

 

(a) If a variation to the Materials which are to be provided is requested; or

 

(b) If a variation to the Works originally scheduled (included any applicable plans or specifications) is requested; or

 

(c) Where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, hard rock barriers below the surface or iron reinforcing rods in concrete, obscured site defects which require remedial work, health hazards and safety considerations (such as the discovery of asbestos), prerequisite work by any third party not being completed or hidden pipes and wiring in walls, etc) which are only discovered on commencement of the Works; or

 

(d) In the event of increase to Grudge Lawn Care in the cost of labour or Materials which are beyond Grudge Lawn Care control.

 

6.2 In the event that the Client requests a variation all such requests shall be made in writing. If Rapid Lawn believes the variation will not require a variation to any permit and will not cause any delay and will not add more than two percent (2%) to the Price then Rapid Lawn may carry out the variation and the Client agrees to pay any variation to the Price, otherwise Grudge Lawn Care will give the Client a written variation document detailing the Works, the amended Price, the estimated time to undertake the variation and the likely delay, if any, and require written acceptance by the Client of the variation before commencing Work on the variation.

 

6.3 In the event that Grudge Lawn Care requests a variation, Grudge Lawn Care will, in writing:

 

(a) state the reason for the variation; and

 

(b) provide a full description of the variation; and

 

(c) state any effect the variation will have on the contract, including but not limited to the Price, completion date and whether further permits or authorisations are required.

 

6.4 Other than for the events outlined in clause 6.5, Grudge Lawn Care shall obtain written acceptance by the Client of any variation submitted by Grudge Lawn Care before commencing Work on the variation.

 

6.5 Where the Works involve additions or alterations to an existing building or structure then:

 

(a) Grudge Lawn Care shall not be liable for any loss or damage suffered by the Client in relation to the Works where such loss or damage results from the state or condition of the Client's existing building or structure and the effect of such state or condition on the Works or the effect of the Works on the existing building or structure could not reasonably have been foreseen by Grudge Lawn Care during the course of the Works; and

 

(b) where as a result of opening up any part of the existing building or structure to carry out the Works, any additional or altered work is required because of non-standard construction or any substandard timber or other materials or because of any material which is required to be replaced or removed to carry out the Works, then the cost of any additional or altered work shall be borne by the Client and treated as a variation and the Contract Price adjusted accordingly.

 

7 Provision of the Works

 

7.1 Subject to clause 7.2, it is Rapid Lawn's responsibility to ensure that the Works start as soon as it is reasonably possible.

 

7.2 The Works commencement date will be put back and the building period extended by whatever time is reasonable in the event that Grudge Lawn Care claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond Grudge Lawn Care control, including but not limited to any failure by the Client to:

 

(a) make a selection; or

 

(b) have the site ready for installation; or

 

(c) notify Grudge Lawn Care that the site is ready.

 

7.3 Any time specified by Grudge Lawn Care for provision of the Works is an estimate only and Grudge Lawn Care will not be liable for any loss or damage incurred by the Client as a result of a provision being late. However, both parties agree that they shall make every endeavor to enable the Works to be provided at the time and place as was arranged between both parties. In the event that Rapid Lawn is unable to provide the Works as agreed solely due to any action or inaction of the Client the Grudge Lawn Care shall be entitled to charge a reasonable fee for re-providing the Works at a later time and date.

 

7.4 The Works shall be deemed to be completed when:

 

(a) The Works carried out under this contract have been completed in accordance with the plans and specifications set out in this contract; and

 

(b) the Client either; (i) receives a certificate of acceptance where the Works were urgent and completed without a building consent; or (ii) in any other case upon the issuance of a Notice of Practical Completion.

 

7.5 The Client shall inspect the Works upon completion and shall within three (3) days notify Grudge Lawn Care of any alleged defect, error or omission, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Rapid Lawn an opportunity to inspect the Works with a reasonable time following such notification if the Client believes the Works are defective in any way. If the Client shall fail to comply with these provisions the Works shall be presumed to be free from any defect or damage. For defective Works, which Grudge Lawn Care has agreed in writing that the Client is entitled to reject, Grudge Lawn Care liability is limited to either (at Grudge Lawn Care discretion replacing the Works or repairing the Works.

 

7.6 Materials will not be accepted for return other than in accordance with clause 7.5 above.

 

8 Risk

 

8.1 Risk of damage to or loss of the Materials passes to the Client on delivery and the Client must insure the Materials on or before delivery.

 

8.2 If any of the Materials are damaged or destroyed following delivery but prior to ownership passing to the Client, Grudge Lawn Care is entitled to receive all insurance proceeds payable for the Materials. The production of these terms and conditions by Grudge Lawn Care is sufficient evidence of Grudge Lawn Care rights to receive the insurance proceeds without the need for any person dealing with Grudge Lawn Care to make further enquiries.

 

9 Site Access and Condition

 

9.1 The Client shall ensure that Grudge Lawn Care has clear and free access to the worksite at all times to enable them to undertake the Works. Grudge Lawn Care shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Grudge Lawn Care.

 

9.2 It is the intention of Grudge Lawn Care and agreed by the Client that it is the Client's responsibility to provide Grudge Lawn Care, while at the site, with adequate access to available water, electricity, toilet and washing facilities.

 

10 Underground Locations

 

10.1 Prior to Grudge Lawn Care commencing the Works, the Client must advise Grudge Lawn Care of the precise location of all underground services on the site and clearly mark the same. The underground mains and services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, plumbing services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains and any other services that may be on site.

 

10.2 Whilst Cleaning Fee (One Off) will take care to avoid damage to any underground services the Client agrees to indemnify Cleaning Fee (One Off) Cleaning Fee (One Off)Grudge Lawn Care in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 10.1

 

11 Compliance with Laws

 

11.1 The Client and Grudge Lawn Care shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Works, including any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation, and the terms and conditions of all consents and approvals (in so far as such consents and approvals related to the carrying out of the Works).

 

11.2 The Client shall obtain (at the expense of the Client) all licenses, consents and approvals, including the Code of Compliance Certificate(s), that may be required for the Works. If applicable, Grudge Lawn Care shall provide the Client with all necessary information relating to the Works so that the Client may apply for such licenses, consents and approvals.

 

12 Work Undertaken by Client

 

12.1 In the event that any part of the Works is undertaken by, or is reliant by work undertaken by the Client then any work undertaken by the Client shall be at the written permission of Grudge Lawn Care and executed in accordance with a timetable provided to the Client by Grudge Lawn Care and shall be undertaken strictly in accordance with the plans and specifications, the Building Act 2004 (in particular sections 14(b) and (c) and any relevant regulations made under that Act and any direction given by Grudge Lawn Care.

 

12.2 In the event of the Client failing to undertake any such work strictly in accordance with Clause 12.1, Rapid Lawn shall be entitled to:

 

(a) rectify any such failure to make good a defect; and

 

(b) charge the Client any additional labour or Materials costs with any such costs being paid to Rapid Lawn as invoiced prior to possession being given and taken.

 

12.3 Grudge Lawn Care shall not be liable for any loss or damage howsoever caused as a result of any work performed by the Client.

 

12.4 In the event of any loss arising out of any materials supplied by the Client, the Client shall be liable for all such loss or damage.

 

12.5 During any period that the Client is working on the Works, the Client shall take all practical steps to prevent harm to Grudge Lawn Care and shall comply with the provisions of Health and Safety in Employment Act 1992.

 

13 Materials

 

13.1 Grudge Lawn Care and the Client agree that the Client's obligation to Grudge Lawn Care for the provision the Works shall not cease (and ownership of the Materials shall not pass) until:

 

(a) The Client has paid Grudge Lawn Care all amounts owing to Grudge Lawn Care and

 

(b) the Client has met all other obligations due by the Client to Grudge Lawn Care in respect of all contracts between Grudge Lawn Care and the Client

 

13.2 Receipt by Grudge Lawn Care of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Grudge Lawn Care ownership or rights in respect of this agreement (and the Materials) shall continue.

 

13.3 It is further agreed that:

 

(a) where practicable the Materials shall be kept separate and identifiable until Grudge Lawn Care shall have received payment and all other obligations of the Client are met; and

 

(b) until such time as ownership of the Materials shall pass from Grudge Lawn Care to the Client, Grudge Lawn Care may give notice in writing to the Client to return the Materials or any of them to Grudge Lawn Care. Upon such notice the rights of the Client to obtain ownership or any other interest in the Materials shall cease; and

 

(c) Grudge Lawn Care shall have the right of stopping the Materials in transit whether or not the delivery has been made; and

 

(d) if the Client fails to return the Materials to Grudge Lawn Care, then Grudge Lawn Care or Grudge Lawn Care agency may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client where the Materials are situated and take possession of the Materials.

 

14 Personal Property Securities Act 1999 ("PPSA")

 

14.1 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:

 

(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and

 

(b) a security interest is taken in all materials and collateral (accounts) - being a monetary obligation of the client to Grudge Lawn Care for Works - previously provided and that will be provided in the future by Grudge Lawn Care to the Client.

 

14.2 The Client undertakes to:

 

(a) sign and further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Rapid Lawn may reasonably require a financing statement or financing change statement on the Personal Property Securities Register;

 

(b) indemnify, and upon demand reimburse, Grudge Lawn Care for all expenses incurred in registering a financing change statement on the Personal Property Securities Register or releasing any registration made thereby;

 

(c) not register a financing or a change demand without the prior written consent of Grudge Lawn Care.

 

14.3 Grudge Lawn Care and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

 

14.4 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA.

 

14.5 Unless otherwise agreed to in writing by Grudge Lawn Care, the Client waives its rights to receive a verification statement in accordance with section 148 of the PPSA.

 

14.6 The Client shall unconditionally ratify any actions taken by Grudge Lawn Care under clauses 14.6 to 14.5.

 

15 Security and Change

 

15.1 In consideration of Rapid Lawn agreeing to provide the Works, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

 

15.2 The Client indemnifies Grudge Lawn Care from and against all Grudge Lawn Care costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Grudge Lawn Care rights under this clause.

 

15.3 The Client irrevocably appoints Grudge Lawn Care and each director of Grudge Lawn Care as the Client's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 15 including, but not limited to, signing any document on the Client's behalf.

 

16 Client's Disclaimer

 

16.1 The Client hereby disclaims any right to rescind, or cancel any contract with Grudge Lawn Care or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by Grudge Lawn Care and the Client acknowledges that the Works are bought relying solely upon the Client's skill and judgment.

 

17 Warranties

 

17.1 Subject to the conditions of warranty set out in clause 17.2, Grudge Lawn Care warrants that if any defect in any workmanship of Grudge Lawn Care becomes apparent and is reported to Grudge Lawn Care within six (6) months of the date of completion (time being of the essence) then Grudge Lawn Care will either (at Grudge Lawn Care sole discretion) replace or remedy the workmanship.

 

17.2 The conditions applicable to the warranty given by clause 17.1 are:

 

(a) the warranty shall not cover any deflect or damage which may be caused or partly caused by or arise through: (i) failure on the part of the Client to properly maintain the Works; or (ii) failure on the part of the Client to follow any instructions or guidelines provided by Grudge Lawn Care; or (iii) any use of the Works other than for any application specified on a quote or order form; or (iv) the continued use of the Works after any defect becomes apparent or would have become apparent to a reasonable prudent operator or user; or (v) fair weather and tear, any accident or act of God.

 

(b) the warranty shall cease and Rapid Lawn shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Grudge Lawn Care consent.

 

(c) in respect of all claims Grudge Lawn Care shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client's claim.

 

17.3 For Materials not manufactured by Grudge Lawn Care, the warranty shall be the current warranty provided by the manufacturer of the Materials. Grudge Lawn Care shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.

 

18 Intellectual Property

 

18.1 The Client agrees that Grudge Lawn Care may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings, plans, or digital media of the Works which Grudge Lawn Care has provided to (or Materials created for) the Client.

 

19 Default and Consequences of Default

 

19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Grudge Lawn Care sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.

 

19.2 If the Client owes Grudge Lawn Care any money the Client shall indemnify Rapid Lawn from and against all costs and disbursements incurred by Grudge Lawn Care in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Grudge Lawn Care collection agency costs, and bank dishonour fees).

 

19.3 Without prejudice to any other remedies Grudge Lawn Care may have, if at any time the client is in breach of any obligation (including those relating to payment) under these terms and conditions Grudge Lawn Care may suspend or terminate the provision of Works to the Client. Grudge Lawn Care will not be liable to the Client for any loss or damage the Client suffers because Grudge Lawn Care has exercised its rights under this clause.

 

19.4 Without prejudice to Grudge Lawn Care other remedies at law Grudge Lawn Care shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Grudge Lawn Care shall, whether or not due for payment, become immediately payable if:

 

(a) any money payable to Grudge Lawn Care becomes overdue, or in Grudge Lawn Care opinion the Client will be unable to make a payment w hen it falls due;

 

(b) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

 

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

20 Cancellation

 

20.1 Grudge Lawn Care may cancel any contract to which these terms and conditions apply or cancel provision of Works at any time before the Works have commenced by giving written notice to the Client. On giving such notice Rapid Lawn shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to Grudge Lawn Care for Materials already ordered/supplied. Grudge Lawn Care shall not be liable for any loss or damage whatsoever arising from such cancellation.

 

20.2 In the event that the Client cancels the provision of Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by Grudge Lawn Care as a direct result of the cancellation (including, but not limited to, any loss of profits).

 

20.3 Cancellation of orders for Materials made/ordered to the Client's specifications or for non-stocklist items, will definitely not be accepted once an order has been placed.

 

21 Privacy Act 1993

 

21.1 The Client authorises Grudge Lawn Care or Grudge Lawn Care agent to:

 

(a) access, collect, retain and use any information about the Client: (i) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client's creditworthiness; or (ii) for the purpose of marketing products and services to the Client

 

(b) disclose information about the Client, whether collected by Grudge Lawn Care from the Client directly to obtained by Grudge Lawn Care from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.

 

21.2 Where the Client is an individual the authorities under clause 21.1 are authorities or consents for the purposes of the Privacy Act 1993.

 

21.3 The Client shall have the right to request Grudge Lawn Care for a copy of the information about the Client retained by Grudge Lawn Care and the right to request Grudge Lawn Care to correct any incorrect information about the Client held by Grudge Lawn Care.

 

22 Dispute Resolution

 

22.1 All disputes and differences between the Client and Grudge Lawn Care touching and concerning this agreement shall be referred to arbitration under a single arbitrator agreed upon by both parties, or failing agreement, by two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to arbitration), such arbitration to be carried out in accordance with provisions of the Arbitration Act 1996.

 

23 Construction Contracts Act 2002

 

23.1 In the event that the Client is a residential occupier as defined by the Construction Contracts Act 2002 the Client hereby expressly acknowledges that:

 

(a) Grudge Lawn Care has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Client; and (i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Client; or (ii) a scheduled amount stated in a payment schedule issued by the Client in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Client has not complied with an adjuctator's notice that the Client must pay an amount to Grudge Lawn Care by any particular date; and (iv) Grudge Lawn Care has given written notice to the Client of its intention to suspend the carrying out of construction work under the construction contract.

 

(b) if Grudge Lawn Care suspends work it: (i) is not in breach of its contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Client or by any person claiming through the Client; and (iii) is entitled to an extension of time to complete the contract; and (iv) keep its rights under the contract including the right to terminate the contract; and may at any time lift the suspension, even if the amount has not been paid or any adjudicator's determination has not been complied with.

 

(c) If Grudge Lawn Care exercises the right to suspend work, the exercise of that right does not: (i) affect any rights that would otherwise have been available to Grudge Lawn Care under the Contractual Remedies Act 1979; or (ii) enable the Client to exercise any rights that may otherwise have been available to the Client under that Act as a direct consequence of Grudge Lawn Care suspending work under this provision.

 

24 General

 

24.1 The failure by Grudge Lawn Care to enforce any provision of these terms and conditions shall subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

24.2 These terms and conditions and any contract to which they shall apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Tauranga Court of New Zealand.

 

24.3 Grudge Lawn Care shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Grudge Lawn Care of these terms and conditions (alternatively Grudge Lawn Care liability shall be limited to damages which under no circumstances shall exceed the price).

 

24.4 Grudge Lawn Care may license or sub-contract all or any part of its rights and obligations without the Client's consent. The Client agrees and understands that they have no authority to give any instruction to any of Grudge Lawn Care sub-contractors without the authority of Grudge Lawn Care.

 

24.5 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Grudge Lawn Care nor to withhold payment of any invoice because part of that invoice is in dispute.

 

24.6 The Client agrees that Grudge Lawn Care may amend these terms and conditions at any time. If effect from the date on which Grudge Lawn Care notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Grudge Lawn Care to provide any Works to the Client.

 

24.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

 

24.8 The Client warrant that it has the power to enter into this arrangement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on.

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