For the purposes of these Terms of Trade, “Selwyn Lawn Services”, “we”, “us” or “our” means Selwyn Lawn Services Limited and includes its directors, shareholders, employees, contractors and subcontractors.

Payment Terms

• Residential clients: Payment is due within 3 days of the invoice date.
• Commercial clients: Payment terms are as per the invoice or service agreement.
• Invoices not paid by the due date may incur a 5% late payment fee.
• Deposits or pre-payments may be required and are non-refundable unless services are not provided.

Quotes

• Any quotes provided are based on the information available at the time of the quote.
• Quotes may vary if the scope of work changes, information provided is incorrect or incomplete, or site access is restricted.
• All quotes are valid for 30 days from the date issued.
• Acceptance of a quote confirms your agreement to these Terms of Trade.

Cancellations & Rescheduling

• Residential clients: Minimum 24 hours’ notice.
• Commercial clients: Minimum 48 hours’ notice or as per service agreement.
• Late cancellations may incur a fee equal to the value of the service.

Health & Safety

• You must ensure that the work site is safe and free from hazards.
• Our team will follow all reasonable safety instructions and industry-standard practices.
• We reserve the right to refuse or stop work if a site is unsafe.

Client Responsibilities

• Provide accurate information and access required for services.
• Follow any reasonable instructions provided by us.
• Inform us of any known hazards, fragile items, pets, animals, property conditions or other circumstances that may affect the safe performance of the work.
• Ensure that pets and animals are appropriately secured where necessary while work is being carried out.
• Provide safe and suitable access to the property and ensure that gates, accessways and other entry points are available when required.

Liability

• To the maximum extent permitted by law, our liability arising from any service is limited to the amount paid or payable for the particular service giving rise to the claim.
• The protections, exclusions and limitations of liability contained in these Terms apply equally for the benefit of Selwyn Lawn Services Limited and its directors, shareholders, employees, contractors and subcontractors.
• To the maximum extent permitted by law, the Client agrees not to pursue any director, shareholder, employee, contractor or subcontractor personally for any loss, damage, injury, claim, cost or expense arising from services provided on behalf of Selwyn Lawn Services.
• We are not responsible for indirect, consequential, incidental or economic loss, except where such liability cannot lawfully be excluded.
• We are not liable for delays or failures caused by circumstances outside our reasonable control.
• Nothing in these Terms is intended to exclude, restrict or modify any right, remedy or liability that cannot lawfully be excluded, restricted or modified.

Pre-Existing Conditions and Hidden Hazards

• We are not responsible for damage or loss arising from pre-existing damage, deterioration, instability, defects or concealed objects or hazards on the property that were not reasonably visible or identifiable before work commenced.
• This may include, but is not limited to, unstable structures, damaged edging, paving, garden structures, ornaments, loose objects, tree roots, hidden debris or other conditions that may affect the safe performance of the work.
• The Client is responsible for notifying us of any known hazards, fragile items or other conditions that may affect the safe performance of the services.

Client Instructions

• Where work is carried out in accordance with specific instructions, requests or approvals provided by the Client, the Client accepts responsibility for the consequences of those instructions to the maximum extent permitted by law.
• We reserve the right to refuse instructions that we consider unsafe, unlawful, impractical or inconsistent with applicable regulations, manufacturer instructions or product requirements.

Property Access and Pets

• The Client is responsible for ensuring that pets and animals are safely secured where necessary.
• We are not responsible for pets or animals that escape, enter work areas, interfere with equipment, vehicles, machinery, chemicals or work activities, except to the extent that such liability cannot lawfully be excluded or limited.
• The Client remains responsible for any loss, damage or injury arising from the actions of their pets or animals, to the maximum extent permitted by law.

Plants, Lawns and Vegetation

• The Client acknowledges that lawns, plants, trees, hedges and other vegetation may contain natural defects, disease, pests, weak growth, unstable branches or other conditions that may not be apparent before work commences.
• We are not responsible for loss or damage arising from pre-existing conditions or the inherent risks associated with reasonably performing the requested services.
• Where the Client specifically instructs us to prune, cut, remove or otherwise alter vegetation, we will carry out the work in accordance with the Client’s instructions and the agreed scope of work.

Weather and Site Conditions

• Services may be postponed, rescheduled or modified where weather, ground conditions or other environmental conditions make the work unsafe or unsuitable.
• We are not responsible for delays, rescheduling or changes to the scope of work arising from weather or site conditions outside our reasonable control.

Waste Left on Site or in Client-Designated Bins

• Where, at the Client’s request or with the Client’s approval, green waste, general waste, rubbish, debris or any other waste is left on the property, placed in a designated area, or disposed of in bins or other waste receptacles provided or designated by the Client, the Client accepts full responsibility for that waste and its subsequent storage, handling and disposal.
• The Client acknowledges that waste left on site or in Client-designated bins may present risks including fire, contamination, environmental damage, pest attraction, injury, property damage, or harm to pets, animals or other persons.
• We accept no liability for any loss, damage, injury, death, expense, claim or other consequence arising from or in connection with waste left on site or in Client-designated bins at the Client’s request or with the Client’s approval, except to the extent that such liability cannot lawfully be excluded or limited.
• By requesting or approving that waste be left on site or placed in Client-designated bins, the Client acknowledges that they understand and accept the associated risks and responsibilities.

Client-Provided Tools and Equipment

• Where the Client requests or authorises us to use tools, machinery, equipment or other items belonging to or supplied by the Client, such items are used at the Client’s request and risk.
• We are not responsible for damage, malfunction, breakdown, wear and tear, deterioration or other loss arising from the use of Client-provided tools, machinery or equipment, except to the extent that such liability cannot lawfully be excluded or limited.
• The Client is responsible for ensuring that any tools, machinery or equipment supplied for use are safe, properly maintained and fit for their intended purpose.
• Any servicing, repair, replacement or other costs associated with Client-provided tools, machinery or equipment remain the Client’s responsibility.

Spraying and Chemical Application

• Where spraying, weed control, pest control or other chemical application services are requested, our responsibility is limited to applying the agreed product in accordance with the product instructions and the scope of the service.
• The Client acknowledges that the effectiveness and outcome of chemical applications can be affected by factors outside our control, including weather, plant species, plant health, soil conditions, existing infestations, resistance, timing and other environmental conditions.
• We do not guarantee any particular result or outcome from the application of any chemical product.
• To the maximum extent permitted by law, we accept no liability for any loss, damage, injury, death, deterioration, discolouration, plant loss, lawn or vegetation damage, property damage, harm to pets or animals, or any other consequence arising from or associated with the application, effectiveness or subsequent effects of a chemical product.
• The Client is responsible for informing us of any known risks, sensitive plants, pets, animals, water sources, environmental concerns or other circumstances that may be relevant to the application of chemical products.
• By requesting or approving a spraying or chemical application service, the Client acknowledges that they understand and accept the inherent risks associated with the use of chemical products.

Photographs and Service Records

• We may take photographs of the property, gardens, lawns, vegetation and completed work before, during or after providing services.
• Photographs may be used for documenting the condition of the property, recording completed work, quality assurance, maintaining service records, resolving disputes or claims, and for our advertising and promotional purposes, including our website, social media, online advertising and other marketing materials.
• By engaging our services, accepting a quote or otherwise instructing us to provide services, the Client acknowledges and consents to us taking and using such photographs for the purposes described above.
• The Client acknowledges that photographs may be published publicly as part of our advertising and promotional activities and may remain publicly available after the Client’s services have been completed or the Client ceases to use our services.
• We will take reasonable steps to avoid including identifiable individuals, personal information or other information unrelated to the services in photographs used for advertising or promotional purposes.
• The Client is responsible for advising us before or during the provision of services if there are specific privacy, confidentiality or other restrictions relating to photography of the property.

Damage, Complaints and Claims

• Any concerns regarding the quality of our services or alleged damage must be notified to us as soon as reasonably practicable after the issue is discovered.
• The Client must provide us with reasonable access and opportunity to inspect the relevant area and, where appropriate, remedy the matter.
• The Client must not arrange or authorise repairs or rectification work at our expense without first providing us with a reasonable opportunity to inspect and address the matter, except where immediate action is reasonably necessary to prevent further damage.

Client Indemnity

• To the maximum extent permitted by law, where the Client specifically requests, instructs or authorises us to undertake work, use Client-provided equipment, leave or dispose of waste on the property, apply a chemical product, or undertake any other activity carrying a known or reasonably identifiable risk, the Client agrees to indemnify and hold harmless Selwyn Lawn Services Limited and its directors, shareholders, employees, contractors and subcontractors against any third-party claim, loss, damage, cost or expense arising from or in connection with that request, instruction or authorisation, except to the extent caused by the negligence, wilful misconduct or unlawful act or omission of the party seeking the benefit of the indemnity.
• This indemnity does not apply to any liability that cannot lawfully be transferred or excluded.

Debt Recovery

• Any costs incurred in recovering overdue accounts, including legal or collection fees, are payable by the Client.

Business Customers

• Where the Client acquires our services in trade and both parties are in trade, the parties may agree in writing that the Consumer Guarantees Act 1993 does not apply to the agreement, to the extent permitted by law.
• Any such agreement will only apply where the requirements of the Consumer Guarantees Act 1993 for contracting out have been satisfied.
• This provision does not apply to residential consumers or other Clients where the statutory requirements for contracting out are not met.

Acceptance

• By engaging our services, requesting or approving work, accepting a quote, or otherwise instructing us to provide services, the Client acknowledges that they have read, understood and agreed to these Terms of Trade.
• The Client acknowledges and agrees that the protections, exclusions, limitations, acknowledgements, indemnities and consents contained in these Terms apply to Selwyn Lawn Services Limited and, to the maximum extent permitted by law, its directors, shareholders, employees, contractors and subcontractors.
• The Client acknowledges that they have read and accepted the provisions relating to liability, waste disposal, Client-provided tools and equipment, chemical applications, photographs and service records, Client instructions and the Client indemnity.
• Where the Client requests or approves a service or method of work that carries specific risks identified in these Terms, the Client acknowledges that they have understood and accepted those risks and the associated allocation of responsibility.
• Acceptance of these Terms includes the Client’s consent to the collection and use of photographs as described in the Photographs and Service Records section.