Terms & Conditions

These Terms & Conditions govern your use of the Planters website and describe the general terms on which we provide our services.

Individual projects may also be governed by a quote, proposal, scope of work, contract, purchase order, construction programme or other written agreement. Together, these documents form the agreement between Planters and the client.

If there is any inconsistency, the terms of the project-specific agreement will take priority over these website Terms & Conditions.

Nothing on this website creates an obligation for Planters to accept or undertake a project.

You may use this website for lawful purposes and to learn about Planters, view our work or contact us about a potential project.

You must not:

• Use the website for unlawful, fraudulent or harmful purposes.
• Attempt to interfere with the website’s security, operation or availability.
• Introduce malicious software, automated scraping systems or harmful code.
• Copy, reproduce or commercially use website content without permission.
• Misrepresent your identity or provide information you know is false or misleading.

We may restrict or block access where we reasonably believe the website is being misused.

We take reasonable care to keep the information on this website accurate and current. However, website content is general information only and may not reflect the specific conditions, requirements or costs of your project.

Images, descriptions, measurements, examples, indicative prices and completed projects are provided for general reference. Every property and landscaping project is different.

You should not rely on website information as technical, engineering, architectural, horticultural or legal advice. Project-specific recommendations will be confirmed through consultation, investigation, design documentation or a written agreement where appropriate.

We may update, correct or remove website content without notice.

Submitting an enquiry or requesting a quote does not create a binding agreement or require Planters to undertake the work.

A quote is an offer to complete the specified work for the stated price, subject to its inclusions, exclusions, assumptions, validity period and other stated conditions.

An estimate is an indication of the likely cost based on the information available at the time. It is not a fixed price, and the final cost may vary depending on the work actually required.

Unless stated otherwise, quotes and estimates:

• Are provided in New Zealand dollars.
• Exclude GST unless expressly stated as GST-inclusive.
• Apply only to the scope and site conditions described.
• Remain valid for the period shown in the document.
• May be withdrawn before acceptance.
• Do not include work, materials or conditions not reasonably identifiable when prepared.

A quote may change only where the client agrees to a variation, the scope changes or an allowance, assumption or exclusion in the quote becomes applicable.

A project agreement is formed when the client accepts our written quote or proposal and any required deposit, approval or signed documentation is received.

Acceptance may occur by signing a document, confirming acceptance by email, approving work through an electronic system or otherwise clearly instructing us to proceed.

The project agreement may include:

• The accepted quote or proposal.
• The agreed scope, drawings and specifications.
• These Terms & Conditions.
• Approved variations.
• The payment schedule.
• Any other document expressly incorporated into the agreement.

Verbal discussions are not included unless confirmed in writing.

We will perform the work described in the accepted scope. Any item not expressly included is excluded.

A variation is a change to the agreed work, materials, quantities, sequence, access, design or site requirements.

Variations may arise from:

• A request or instruction from the client or their representative.
• Revised plans, specifications or selections.
• Previously concealed or unexpected site conditions.
• Compliance requirements or instructions from an authority, engineer, designer or other consultant.
• Inaccurate or incomplete information provided to us.
• Additional work reasonably required to complete the project safely or correctly.

Where reasonably practicable, variations will be described and priced before the additional work begins. If urgent work is needed to protect people, property or completed work, we may take reasonable protective action and notify the client as soon as practicable.

No material variation will be charged without the client’s agreement, except where the project agreement expressly provides an applicable rate, allowance or method for calculating the cost.

Unless expressly stated otherwise, all prices exclude GST. GST will be added at the applicable rate.

The client must pay deposits, progress claims and final invoices in accordance with the accepted quote or project agreement.

Unless a different payment period is stated in the project agreement, invoices are due within seven days of their issue date.

The client must raise any genuine concern about an invoice promptly. The undisputed portion remains payable by the due date.

If payment is overdue, Planters may, after providing reasonable notice and where permitted by the project agreement and applicable law:

• Suspend work or delivery.
• Adjust the programme to account for the suspension.
• Recover reasonable costs incurred in collecting the overdue amount.

Suspension for non-payment may affect the completion date. Nothing in this section limits rights or remedies available under applicable New Zealand law.

The client must:

• Provide accurate and complete project and property information.
• Confirm who is authorised to give instructions and approve variations.
• Provide safe, suitable and timely access to the site.
• Ensure work areas are reasonably clear and available when required.
• Inform us about known hazards, restrictions, services, contamination or access limitations.
• Obtain approvals or consents allocated to the client under the project agreement.
• Make selections and decisions within the time reasonably required.
• Ensure children, pets, occupants and visitors remain clear of active work areas.
• Protect or remove items that are not included in our scope.

Planters is not responsible for delays or additional costs caused by the client’s failure to meet these responsibilities.

Quotes are based on the site conditions that were visible or reasonably identifiable when the work was assessed.

Unless expressly included, no allowance is made for unexpected conditions such as:

• Buried concrete, foundations, rubble, structures or other debris.
• Rock, unsuitable ground, unstable soil or contaminated material.
• Unexpected groundwater or drainage conditions.
• Unrecorded archaeological or protected material.
• Incorrectly located or undisclosed underground services.
• Hazardous substances or materials requiring specialist handling.

The client must disclose all known underground and concealed services and provide available plans or records before excavation begins.

Planters will take reasonable care when working around identified services. We are not responsible for damage to services that were not disclosed, were inaccurately shown or could not reasonably have been located, except to the extent the damage was caused by our failure to exercise reasonable care.

Additional investigation, removal, disposal, repair or work arising from unexpected site conditions may be treated as a variation.

Unless expressly included in our scope, the client is responsible for:

• Confirming legal property boundaries.
• Identifying easements, rights of way and private covenants.
• Obtaining neighbour, body corporate, landlord or other private approvals.
• Obtaining resource, building or other statutory consents.
• Confirming that the proposed work complies with property restrictions.

Planters may rely on boundary information, survey marks, plans and instructions supplied by the client or their consultants.

If boundary verification is required, it should be completed by a registered cadastral surveyor before work begins.

Additional work, delay or redesign caused by undisclosed restrictions, inaccurate information or missing approvals may be treated as a variation.

We aim to supply materials and plants that are consistent with the agreed specifications. Natural products may vary in colour, grain, texture, size, shape and appearance.

Plants are living products and may vary from photographs or indicative sizes. Their performance depends on factors including soil, drainage, irrigation, weather, pests, disease and ongoing care.

Where a specified product or plant is unavailable, we will discuss a reasonably comparable alternative with the client before making a material substitution.

Manufacturer and supplier warranties will apply where available. Any specific Planters workmanship, establishment or plant-replacement warranty will be set out in the project agreement.

Unless expressly agreed, plant replacement does not cover loss caused by inadequate watering, failure to follow care instructions, pests, disease, vandalism, animals, third-party damage or extreme weather.

Nothing in this section limits any rights that cannot lawfully be excluded.

We will make reasonable efforts to begin and complete work within the agreed or indicated timeframe.

Landscaping work is affected by weather, soil conditions, site access, material availability, variations, approvals and the work of other contractors. Unless expressly guaranteed in writing, programme dates are reasonable estimates rather than fixed completion dates.

We are not responsible for delay caused by circumstances reasonably outside our control, including:

• Unsafe or unsuitable weather.
• Supply shortages or transport disruption.
• Delayed selections, instructions, access or approvals.
• Variations or unexpected site conditions.
• Actions or delays of other contractors, consultants or authorities.
• Industrial action, natural disasters, emergencies or similar events.

We will communicate material delays and update the programme where reasonably practicable.

Planters may engage suitably experienced employees, subcontractors, consultants and suppliers to deliver parts of the work.

We remain responsible for our obligations under the project agreement, subject to its terms and applicable law.

The client must not directly instruct our employees or subcontractors to change the scope. Changes must be approved through the authorised Planters representative.

At practical completion, we may carry out a walkthrough or provide an opportunity for the client to identify incomplete or defective items.

The client should notify us in writing about any concern as soon as reasonably possible and, where practicable, within seven days of becoming aware of it. The notice should describe the issue and include photographs or other useful information.

The seven-day request helps us investigate promptly but does not remove or limit any rights available under New Zealand law.

The client must provide us with a reasonable opportunity to inspect and, where we are responsible, remedy the issue before arranging third-party repair work, except where urgent action is reasonably necessary to prevent injury or further damage.

Normal wear, natural variation, plant growth, weathering, client damage, inadequate maintenance and work performed by others are not workmanship defects.

Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including applicable rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

Where services are acquired for personal or household purposes, the client may have statutory guarantees that the services will be performed with reasonable care and skill, be fit for an agreed purpose and be completed within a reasonable time where no timeframe has been agreed.

Where services are acquired for business purposes, Planters and the client may agree in writing that the Consumer Guarantees Act does not apply, but only where doing so is lawful, fair and reasonable.

To the extent permitted by law, Planters is not responsible for loss or damage caused by:

• Inaccurate, incomplete or withheld information.
• Client-supplied designs, specifications, materials or instructions.
• Work performed by other contractors or consultants.
• Failure to follow care or maintenance instructions.
• Events or conditions reasonably outside our control.

Where Planters and another person both contribute to a loss, our responsibility will be limited to the extent that our act or omission contributed to that loss.

Nothing in these terms limits liability for fraud, wilful misconduct or any other liability that cannot lawfully be limited.

Unless otherwise agreed, Planters owns or is licensed to use the content on this website, including text, photographs, videos, graphics, branding and layout.

You may view and share links to the website for personal and non-commercial purposes. You must not reproduce, modify, publish or commercially use website content without written permission.

Ownership and permitted use of project-specific designs, plans, drawings, specifications and other documents will be governed by the relevant project agreement and the rights of their original creators.

Project photographs, testimonials or identifying information will only be published where we have permission or are otherwise lawfully entitled to do so.

Our collection and handling of personal information is explained in our Privacy Policy.

We may update these website Terms & Conditions when our services, business practices or legal obligations change. The current version will be published on this page, together with the date it was last updated.

If a dispute arises, both parties should first try to resolve it through prompt, good-faith discussion. If it cannot be resolved directly, the parties may agree to mediation or use the Disputes Tribunal, arbitration or courts where appropriate.

These Terms & Conditions are governed by New Zealand law, and the New Zealand courts have non-exclusive jurisdiction.

Questions about these terms can be sent to: