Last updated: 28 October 2026
These Terms and Conditions apply to services and products supplied by Yard Matters Limited (Yard Matters, we, us or our) to the person or organisation engaging us (the Client, you or your).
1.1 These terms form part of our agreement where we supply them, or clearly bring them to your attention and give you a reasonable opportunity to review them, before you agree to the work. Once accepted for an ongoing service, the same version need not be supplied again before every authorised visit.
1.2 You may accept our agreement verbally, by email or text message, by signing a document, or through conduct that clearly communicates acceptance after these terms have been brought to your attention. Examples may include confirming a booking, instructing us to begin, or paying an agreed deposit. A signature is not essential unless required by law or expressly made a condition of the agreement. Silence alone is not acceptance.
1.3 If you engage us on behalf of another person or organisation, you must identify that person or organisation and have authority to act for them. We will establish who our Client is and who is responsible for payment.
1.4 Our agreement may include these terms, an accepted quote or estimate, a booking confirmation, a maintenance schedule, a design or scope document, a project contract and agreed variations. Subject to any legal requirements, an agreement may be partly written and partly verbal.
1.5 If provisions conflict, the following order applies, subject to mandatory law:
(a) a later variation validly agreed under section 4, for the matters it changes;
(b) an expressly accepted project contract;
(c) the accepted quote, estimate, maintenance agreement or booking, including documents incorporated into it; and
(d) these general terms.
1.6 We will clarify any material inconsistency between documents of equal priority before undertaking the affected work. An invoice does not, by itself, change an agreed price, scope or payment period.
1.7 The version accepted for the work applies to that work and any continuing service covered by that agreement. A later website update does not retrospectively change an existing agreement. Changes require agreement unless an existing, lawful provision expressly permits the change.
1.8 Nothing in these terms limits rights or remedies that cannot lawfully be excluded. Section 19 applies throughout.
1.9 The absence of a signature, formal quote, deposit, purchase order or written record does not, by itself, remove your obligation to pay for work or products you actually authorised. Starting before a deposit is paid, invoicing late, accepting late payment or allowing extra time does not, by itself, make authorised work free or waive other rights.
1.10 Clause 1.9 does not create consent where none existed, introduce terms that were not agreed, override an agreed price or spending limit, disregard an actual payment extension, or remove statutory rights.
2.1 A quote is an offer to complete the stated scope for the stated price. Once accepted, that price remains fixed for that scope unless a variation is agreed under section 4. An error in our estimating does not, by itself, entitle us to increase a fixed price.
2.2 Unless another period is stated, a quote remains open for acceptance for 30 days. After that period, pricing and availability may need to be reconfirmed.
2.3 An estimate is our reasonable assessment of the likely cost using the information available. It is not a fixed price. We will identify its charging basis and any material assumptions, allowances or exclusions.
2.4 If we reasonably expect an estimate to be materially exceeded, we will explain the reason and seek approval of an updated estimate or charging basis before incurring the additional expenditure. We will pause the affected work where necessary, subject to clause 4.6.
2.5 We will not exceed an expressly agreed spending limit without your approval, except for minimum necessary emergency action permitted by clause 4.6.
2.6 Time-based or charge-up work is invoiced at the agreed rate for each team member, together with agreed charges for products, materials, machinery, equipment hire, travel, delivery, disposal and other items. Any minimum booking, billing increment or chargeable travel time will be disclosed before booking.
2.7 Prices stated exclusive of GST will be clearly identified as such. For private or household customers, we will provide the GST-inclusive total or applicable GST-inclusive rates before agreement. Any additional charges will be disclosed or agreed under these terms.
2.8 Our published pricing guide is indicative. The pricing agreed for your particular work takes priority.
2.9 Work and purchases within an agreed scope, charging basis and authorised allowance do not require repeated approval. Work or expenditure outside that authority is subject to section 4.
2.10 If you authorise services or products without agreeing a price or charging basis, you must pay a reasonable price for what you authorised, subject to applicable law. This does not permit us to exceed an agreed fixed price or spending limit.
3.1 Initial discussions, straightforward site visits and ordinary quotes are generally provided without a separate charge. Any charge will be agreed before the chargeable work begins.
3.2 Where detailed planning, measurements, design, supplier research, product selection or comprehensive costing is needed, we may propose a paid Concept, Design and Quote Package.
3.3 Before starting a paid package, we will agree its price, deliverables, intended use, expected timing and included revisions. We will seek to record these matters in writing. Additional work or revisions require approval under section 4.
3.4 We retain intellectual property rights in material we create and own. Once the package is paid for, you receive a continuing, non-exclusive licence to use, copy and share the agreed deliverables for the property and project for which they were prepared, including with another contractor.
3.5 We will hold the rights or permissions needed to grant that use. Any restrictions affecting third-party material will be disclosed and agreed before you accept the package.
3.6 Concept material is not a construction drawing, engineering design or consent document unless expressly prepared for that purpose. We will identify material limitations on its use. Purchasing a package does not oblige you to engage us for subsequent work.
4.1 A variation may be needed where you request extra or different work, the agreed scope changes, or conditions arise that could not reasonably have been identified beforehand.
4.2 Examples include concealed services, rock, large roots, buried waste, unsuitable soil, contamination, unstable ground, hidden damage, drainage problems, restricted access, or unexpected pest or disease issues.
4.3 Before undertaking a variation, we will explain the proposed change and its effect on price, timing and method. We will seek approval of a fixed additional price or a clear charging basis and, where appropriate, a spending limit. If you expressly authorise additional work without agreeing its price or charging basis, clause 2.10 applies.
4.4 Approval must come from you or a representative authorised to act for you, within that representative’s authority. You must tell us about relevant limits on a representative’s authority or spending approval. We will not assume that a person is authorised merely because they are present at the property.
4.5 Approval may be verbal, written or communicated by conduct that clearly authorises the change. We will seek to record material changes. An absent written record does not, by itself, invalidate an otherwise binding variation unless writing is required by law or an express condition of the agreement. We must still establish what was authorised and the applicable price or charging basis. Silence or failure to object to an invoice does not, by itself, authorise extra work.
4.6 Where urgent action is reasonably necessary to prevent injury or material property damage and obtaining approval is impracticable, we may take the minimum necessary action. We will notify you promptly and charge only reasonable costs properly incurred. You will not be charged for addressing an emergency caused by our own breach or failure to exercise reasonable care and skill.
4.7 If you decline a necessary variation, either party may end the affected part of the work. The final account will be calculated under clause 22.5. Declining the variation does not itself attract a cancellation fee, although payment may remain due for authorised work, products and unavoidable commitments properly payable under the agreement.
5.1 Dates and times are estimates unless we expressly agree that a particular date or time is fixed or essential. Where no completion time is agreed, we will perform the services within a reasonable time.
5.2 We may postpone, shorten or reschedule work where weather, ground conditions, plant health, water conditions, access, safety, equipment failure, supplier delay or another circumstance makes the work unsafe, impracticable or likely to produce a poor result. We will take reasonable steps to minimise disruption, including disruption arising from staffing difficulties.
5.3 We will give as much notice as reasonably practicable, explain material delays and propose a suitable alternative, taking account of seasonal conditions, site conditions, the agreed purpose and existing commitments.
5.4 If we postpone a visit, we will not charge you a cancellation fee for that postponement. If the alternative timing is unsuitable, we will discuss another arrangement and any applicable right to cancel.
5.5 If time-based work is cut short, charges will reflect work actually performed and any other chargeable time or minimum attendance charge agreed before booking. We will not charge for avoidable lost time caused by our own breach or failure to exercise reasonable care and skill.
5.6 If a fixed-price visit is cut short before the agreed scope is completed, we will arrange to complete that scope at the agreed price, unless an approved variation or an expressly agreed charging provision permits an adjustment. Additional attendance charges require an existing agreed basis or your approval. They will not be charged to remedy our own breach.
5.7 If the remaining work will not be completed, the price will be fairly adjusted to reflect the work and products properly supplied and any other amounts lawfully payable under clause 22.5. Completing the full agreed scope in less time than expected does not, by itself, reduce a fixed price.
5.8 This section does not excuse delays for which we are legally responsible or remove statutory remedies. Extended disruption is also addressed in section 18.
6.1 You confirm that you own the property or have authority to instruct the work and arrange access.
6.2 You must provide safe and reasonable access at the agreed time and disclose relevant restrictions, alarms, animals, tenants, shared access arrangements and other matters that may affect the work.
6.3 You must tell us about hazards, underground or concealed services, irrigation, drainage, cables, pipes, septic systems, boundary concerns and other obstacles known to you. You must provide relevant plans or information reasonably available to you. You do not guarantee the accuracy of third-party plans that you reasonably believe to be correct.
6.4 Before excavation, fencing or post-hole work, we will agree who will arrange any necessary service locating or boundary verification and how its cost will be met. We will not proceed with affected work until the information and checks reasonably needed for safe and lawful work have been obtained.
6.5 Plans or information supplied by you do not replace our obligation to make appropriate checks, use safe working methods and meet our own legal duties. Neither party transfers a non-transferable health and safety duty through these terms.
6.6 You are responsible for reasonable loss or additional cost caused by a breach of your obligations to disclose known information or take reasonable care when supplying information. This does not apply to the extent we caused or contributed to the loss.
6.7 You must take reasonable steps to keep children, pets and other people away from work areas, machinery, tools, chemicals and newly treated areas. We remain responsible for the precautions required of us.
6.8 Unless otherwise agreed, you will provide reasonable access to water and electricity where needed. You must remove or identify fragile, valuable or movable items that could reasonably be affected.
6.9 You are responsible for obtaining property-owner, neighbour, body-corporate, council or other approvals unless our agreed scope includes obtaining them. We will identify approval requirements reasonably apparent to us and will not knowingly proceed with affected work without required approval. Our own legal responsibilities remain unchanged.
6.10 If your breach of an agreed access or preparation requirement prevents or delays work, we may recover reasonable time and costs actually lost as a result, after allowing for saved costs and reasonable replacement work.
Where the visit is cancelled or cannot proceed, any lost-time or attendance charge under this clause forms part of the visit-cancellation charge and is subject to the limits in section 16. We will not use this clause to recover an additional amount for the same loss or avoid those limits.
7.1 Recurring rates apply where an ongoing service, scope and frequency have been agreed. Applicable rates and minimum charges will be disclosed before the arrangement begins.
7.2 Lawn mowing is offered as a recurring maintenance service. An initial restorative cut may be separately agreed before recurring mowing begins. Mowing may also form part of an agreed lawn repair, renovation or establishment project.
7.3 Material changes to scope, frequency or ongoing price require agreement, except for changes already covered by an agreed seasonal schedule or other express provision.
7.4 For an arrangement without a fixed term, we may propose new rates by giving at least 14 days’ written notice, unless another notice period is agreed. New rates apply only if accepted. If agreement is not reached, either party may end the affected service before the proposed change takes effect without an early-termination fee.
7.5 During a fixed term, the agreed rates and commitments continue unless changed by mutual agreement or under an express, lawful price-review provision in that agreement. Proposing a price increase does not, by itself, create a new right to end the fixed term.
7.6 Unless a fixed term or another notice period is agreed, either party may end a recurring arrangement by giving 14 days’ written notice. A shorter period may be agreed.
7.7 Visits scheduled within the notice period remain scheduled unless separately cancelled or changed. Section 16 applies to those visits. Giving the required notice for an individual visit does not attract a cancellation fee merely because it falls within the recurring-service notice period.
7.8 Suspension and termination for non-payment, unsafe conditions or breach are governed by sections 15 and 22. Any fixed-term commitment or early-termination charge must be expressly agreed in writing and remain lawful.
8.1 Lawn repair, renovation, contouring and seeded establishment are affected by soil, drainage, shade, weather, watering, pests, disease, animals and use of the area. Establishment takes time and may require follow-up work.
8.2 We will identify whether machinery, seed, soil, compost, fertiliser, irrigation, delivery, waste removal and follow-up maintenance are included. Additional charges require an agreed basis or approval.
8.3 We do not supply or install natural ready lawn. Artificial turf may be supplied or installed where specifically agreed.
8.4 We will use reasonable care and accepted horticultural practice, taking account of species, age, health, season, previous treatment and site conditions.
8.5 Plants supplied by us will be healthy and of acceptable quality when supplied and planted. Where we recommend plants for a disclosed purpose or assess their suitability for a site, we will exercise reasonable care and meet applicable legal obligations.
8.6 We will provide appropriate aftercare instructions. Unless ongoing care is included, routine aftercare becomes your responsibility once the relevant work is completed and those instructions have been provided.
8.7 We do not promise plant survival, seed germination or a completely uniform biological result where the outcome is affected by matters outside our reasonable control or a failure to follow appropriate aftercare instructions.
8.8 Clause 8.7 does not exclude responsibility for defective products, unsuitable selection, poor installation, inadequate advice or instructions, negligence, or any guarantee or remedy imposed by law.
9.1 Pool and spa services depend on the condition, equipment, frequency and scope agreed.
9.2 Water testing records conditions at the time of testing. Weather, use, contamination, water replacement, equipment performance and chemicals added by others may subsequently change those conditions.
9.3 Chemicals, filters, replacement parts and significant corrective work are included only where agreed. Other charges must fall within an authorised allowance or be approved before they are incurred.
9.4 You must tell us about known equipment faults, recent chemical treatment, unusual water conditions and safety concerns.
9.5 General pool and spa care does not include specialist electrical, plumbing, gas, structural or manufacturer-authorised repairs unless expressly included and undertaken by an appropriately qualified provider. Arranging a separate specialist requires your approval.
9.6 Some corrective treatments require multiple visits. We will explain material limitations and any further work reasonably needed.
9.7 We may stop work and advise against use where we identify a material safety concern. You must take reasonable steps to ensure users follow appropriate safety and re-entry instructions. This does not reduce our duty to provide competent services and advice.
10.1 Landscaping and light construction may include site preparation, fencing, timber edging, garden structures, planting, excavation, material handling, post-hole work and related outdoor improvements within the agreed scope.
10.2 Machine work requires safe access, suitable ground conditions, overhead clearance and adequate working space.
10.3 Service locating and boundary verification are governed by section 6.
10.4 Machinery, transport, specialist attachments, hired equipment, materials, spoil removal and disposal are chargeable only where included in an agreed price or otherwise authorised.
10.5 Licensed, consented or specialist work will be undertaken only where appropriately included, approved and performed by people with the qualifications or authorisations required by law.
10.6 Pest-control products and other treatments will be used only where lawful and suitable, in accordance with applicable requirements. We will provide relevant safety and re-entry instructions, which you must follow.
11.1 Whether building or construction legislation applies depends on the actual work undertaken, rather than the name given to the service.
11.2 Where the law requires a particular written contract, checklist, disclosure statement or other project information, we will provide it before proceeding as required. Required project documentation will include the relevant parties’ identifying and contact information.
11.3 Applicable building standards, implied warranties, defect remedies and statutory payment, notice, suspension and dispute-resolution rights remain in force. Any mandatory requirements or deadlines take priority over inconsistent provisions in these terms.
11.4 These terms supplement any required project contract. They do not, by themselves, replace a complete statutory building contract or prescribed documents and notices.
12.1 Products and materials are supplied at the agreed price. That price may include a margin and agreed sourcing, handling, freight, collection or delivery charges.
12.2 Significant freight, collection or travel costs will be included in the agreed price or approved before being incurred.
12.3 We will notify you of material availability or delivery problems. We will not substitute a materially different product without approval.
12.4 Natural products may vary in colour, grain, size, form, moisture and appearance. Natural variation does not excuse a failure to meet an agreed description, quality requirement or applicable guarantee.
12.5 Specially ordered, custom-made, cut-to-size or perishable products may have restrictions on change-of-mind returns. Relevant restrictions will be disclosed before you approve the order. They do not remove statutory rights relating to defective or non-compliant products.
12.6 Manufacturer warranties are additional to rights you have against us. We will not require you to deal solely with a manufacturer where we are legally responsible for a remedy.
13.1 Where the work site is within our normal service area, one journey to and from the site per scheduled workday is included. Travel outside our normal service area may be charged as provided in clause 13.3.
13.2 Additional journeys, including material collection, machinery transport and disposal runs, are chargeable only under an agreed charging basis or approved variation.
13.3 Travel outside our normal service area may attract an agreed charge. Changes are subject to section 4.
13.4 Waste remains at the property unless removal is included in the agreed scope.
13.5 Waste-removal charges may include loading, transport, containers, disposal and special handling. The applicable basis will be agreed before the work.
13.6 We may refuse hazardous, contaminated or prohibited waste. If waste differs materially from what was reasonably understood, we will stop the affected work, explain lawful options and obtain approval before incurring additional charges, subject to clause 4.6.
14.1 A deposit is generally required for project work and before we order products or make significant supplier commitments. The amount and due date will be agreed beforehand.
14.2 Unless otherwise agreed, we need not reserve dates, order products or begin work until the deposit clears. We will identify any booking that remains provisional.
14.3 If we choose to proceed before receiving a deposit, that does not, by itself, waive the deposit or other payment obligations. Any actual agreement to change those obligations will be honoured.
14.4 Deposits will be credited against the relevant account.
14.5 A deposit is not automatically forfeited on cancellation. We will calculate the final account and any refund under sections 16 and 22, subject to applicable law.
15.1 Depending on the agreed work, we may invoice on completion, at agreed stages, or weekly, fortnightly or monthly. The invoicing basis will be identified when the work is agreed.
15.2 Unless another payment arrangement is agreed:
(a) Residential work: payment is due seven calendar days after you receive the invoice.
(b) Commercial work: payment is due on the 20th day of the month following the invoice date. If that would allow fewer than seven calendar days after receipt, payment is instead due seven calendar days after receipt.
(c) Residential work means work acquired primarily for private or household purposes. Commercial work means work acquired primarily for business or investment purposes. Mixed-purpose work is classified by its primary purpose. If the work does not clearly fall within either category, payment is due seven calendar days after receipt unless another basis is agreed.
(d) These payment categories apply automatically when these terms are accepted. A separate account-opening process is not required.
(e) If a contractual payment deadline under this section, including the default deadline in clause 15.5(c), falls on a non-working day, it moves to the next working day. This does not alter a deadline imposed by law or a binding determination, or a different arrangement expressly agreed by the parties.
(f) A commercial payment classification does not, by itself, exclude consumer guarantees or other statutory protection.
15.3 We will send invoices to the email address, postal address or electronic account nominated or agreed for that purpose. An invoice is received when delivered to that address or account and available for you to access; it need not have been opened or read. A failed transmission does not constitute receipt.
An invoice cannot unilaterally shorten an agreed payment period. Any actual agreement to extend payment will be honoured, even if not yet recorded in writing.
15.4 If you genuinely dispute an invoice, tell us promptly which amount is disputed and why. Pay the undisputed portion by its due date. We will investigate and respond within a reasonable time. Any applicable statutory requirements under section 11 remain in force.
15.5 Subject to applicable law, we may charge interest on overdue, undisputed charges for services and products at 18% per annum, calculated daily on a 365-day basis from the day after payment was due until payment is received. Interest is not compounded and is not charged on previously charged interest or debt-recovery costs.
For a genuinely disputed amount:
(a) contractual interest does not accrue during the period in which the genuine dispute is being considered or resolved;
(b) interest properly accrued before the dispute was raised remains subject to the outcome;
(c) once the dispute is resolved, payment is due on the date agreed in the settlement or required by a binding determination. If neither specifies a date, payment is due on the later of the original payment deadline and seven calendar days after the resolution is communicated to both parties, subject to clause 15.2(e);
(d) further contractual interest begins only on the day after that payment deadline; and
(e) a court, tribunal or adjudicator may award interest as permitted by law.
Any interest calculation will be corrected if the amount properly owing changes. An unresolved disagreement is not resolved merely because one party states its position.
15.6 If an undisputed invoice or required deposit remains overdue, we may suspend future work or further product orders after giving reasonable written notice and an opportunity to pay. We will not suspend solely because of a genuine dispute where you have explained it and paid the undisputed amount, subject to any applicable statutory rights.
15.7 To the extent permitted by law, you must reimburse reasonable debt-recovery costs actually and properly incurred because you fail to pay an amount lawfully due. These may include:
(a) reasonable collection-agency charges or commission, whether invoiced to us or deducted from money collected;
(b) reasonable legal costs where recoverable; and
(c) court or tribunal costs where recoverable or awarded.
We will not add arbitrary penalties, recover the same cost twice, add a profit margin to recovery costs, or charge you for costs caused by our own error. We will provide a reasonable explanation of the charges on request.
15.8 To the extent permitted by law, title to identifiable products that remain separate, unused and uninstalled does not pass until those products have been paid for in full. This reservation does not extend to installed fixtures or secure payment for labour. It does not authorise entry to your property or removal of goods without permission or other lawful authority.
Any additional security documentation or arrangements needed to protect an interest against third parties will be separately addressed where appropriate. This clause does not create a charge over your land or rights over unrelated property.
15.9 If work is suspended, we will take reasonable steps to leave the affected work safe. Any restart arrangements and additional costs must have a lawful, agreed basis.
15.10 We may refer a lawful overdue debt to a debt-collection agency or solicitor for collection, or bring appropriate legal proceedings.
Before referring an overdue debt to an agency or solicitor for collection, we will give you reasonable written notice identifying the overdue amount, providing a reasonable opportunity to pay and explaining that referral and recoverable costs may follow. Notice may be given by email or text message in accordance with clause 24.3. Fresh permission from you is not required to make a lawful referral.
15.11 We may provide relevant information and records to an appointed collector or adviser as permitted by law and section 20. We will tell them about any genuine dispute and comply with applicable restrictions on collection activity. A dispute does not automatically extinguish an amount properly owing; either party may seek determination through an appropriate court, tribunal or statutory process.
15.12 Where a proposed credit or security arrangement requires additional documentation, disclosures or protections under the Credit Contracts and Consumer Finance Act 2003 or another law, those requirements must be met. These terms do not replace required disclosures or establish that a particular arrangement is exempt.
16.1 This section applies to cancellation or postponement for your convenience.
A postponement requested by you is treated as cancellation of the original reserved visit for the purpose of assessing any visit-cancellation charge. Postponing a visit does not, by itself, terminate the whole project or recurring-service agreement.
This section does not impose a fee where you validly cancel because of our breach, exercise a statutory right that prevents the charge, or we postpone the visit. Termination caused by an extended outside event is subject to clause 18.4.
16.2 Please give at least 48 hours’ notice to cancel or postpone a scheduled visit. The following rules apply:
(a) Notice under this section may be given verbally, in person or by telephone, to us or a representative authorised to handle bookings. Verbal notice is received when actually communicated to that person. Written notice may be given under clause 24.3.
(b) A clear voicemail left at a number we have provided for booking communications is received when the message is recorded and available for us to access. An unanswered call without a message does not constitute notice.
(c) The notice must make clear which work or visit is being cancelled or postponed. Later written confirmation is not required for valid verbal or voicemail notice under this section and does not reset its time of receipt.
(d) The notice period is measured using actual elapsed hours from receipt of the notice to the agreed start time or the beginning of an agreed arrival window. Where only a service date has been agreed, 8am local time at the work site on that date is used solely to calculate cancellation notice. It does not promise an 8am arrival.
(e) A visit-cancellation charge under clauses 16.3 or 16.4 requires an agreed service date. Where no service date has been agreed, clause 16.6 may still apply to cancellation of project work or authorised commitments.
With at least 48 hours’ notice, there is no visit-cancellation charge for unperformed labour or services. Authorised product orders and separately recoverable commitments may remain payable under clause 16.6 where applicable.
Permission for verbal or voicemail notice under this section does not replace an express requirement elsewhere in the agreement or in law for written notice, including notice to end a recurring arrangement under clause 7.6 or a breach notice under clause 22.1.
16.3 If you cancel or postpone with less than 48 hours’ notice but before the day of the visit, we may charge up to the applicable minimum service charge agreed before booking, subject to clause 16.5.
16.4 For a cancellation or postponement on the day of the scheduled visit, the maximum visit-cancellation charge is:
(a) for time-based work, the higher of the agreed minimum service charge or 50% of the labour component quoted or reasonably estimated, disclosed to you and agreed before booking for that visit; or
(b) for a fixed-price visit, the higher of the agreed minimum service charge or 50% of the labour component quoted or reasonably estimated, disclosed to you and agreed before booking, excluding products, materials, machinery, equipment hire and third-party charges, and any items recovered separately under clause 16.6.
This replaces, rather than adds to, the charge in clause 16.3. A whole project is not treated as one visit unless it was expressly agreed as a single visit.
16.5 Every visit-cancellation charge is subject to all of these limits:
(a) a minimum service charge applies only if disclosed and agreed before booking;
(b) a percentage charge applies only where the relevant labour component was quoted or reasonably estimated, disclosed to you and agreed before booking;
(c) the charge cannot exceed that same labour component quoted or reasonably estimated, disclosed to you and agreed before booking, after excluding any items recovered separately;
(d) it must be reduced to account for costs saved, replacement work we reasonably obtain or could obtain, and any reduction in loss resulting from rescheduling; and
(e) it must not exceed our reasonable net loss from the cancellation or postponement.
16.6 If you cancel all or part of project work, you must pay amounts properly owing for:
(a) authorised work already completed and conforming products supplied;
(b) authorised products irrevocably ordered and separately authorised, unavoidable third-party commitments; and
(c) other reasonable net loss caused by the project cancellation, subject to the following limits.
Any claim for loss of unperformed labour or services, including associated profit, relating to a cancelled scheduled visit remains subject to clauses 16.2–16.5. This applies even when the visit forms the whole project. We will not avoid those limits by describing the same loss as a project-cancellation claim.
Costs of our staff or subcontractors engaged to carry out the cancelled visit form part of the labour or service loss subject to those limits. Other third-party commitments may be recovered separately only where authorised as separate commitments, unavoidable and not already included in another charge.
Where an agreed price is not itemised, any allocation between work, products and separately recoverable commitments must be reasonable, consistent with the agreed price and explained in the final account.
We will take reasonable steps to reduce loss, including seeking supplier credits, returns, reuse or replacement work where appropriate.
16.7 We will prepare an itemised account for cancellation or termination that credits all deposits, payments, refunds, supplier credits and other recoveries.
We will not recover the same labour, products, commitments or loss through more than one charge. An item recovered separately under clause 16.6 will not also remain in the price used to calculate a percentage visit-cancellation charge.
For a postponement, payments already made remain credited to your account. Any balance applied to a replacement booking, charged for a lawful cancellation amount or refunded will be clearly accounted for.
16.8 We will provide the account and any refund due as soon as reasonably practicable, without unreasonable delay, and within any shorter period required by law. If reasonably necessary third-party information is outstanding, we will explain the delay and promptly refund any undisputed balance. Products charged to you will be made available to you where reasonably practicable and lawful.
16.9 Where a visit cannot proceed because you fail to provide agreed access or preparation, the same-day rules may apply. Any lost-time or attendance charge under clause 6.10 forms part of the visit-cancellation charge and remains subject to the limits in this section. Recurring-service notice requirements are addressed in section 7.
17.1 We will perform services with reasonable care and skill, meet applicable fitness-for-purpose obligations and complete work within the agreed time or, where none is agreed, a reasonable time.
17.2 If you believe work or a product is defective, incomplete or inconsistent with the agreed scope, contact us as soon as reasonably practicable.
17.3 Where appropriate and consistent with your legal rights, give us a fair opportunity to inspect and remedy the concern. This does not require you to accept a repair where you have a right to reject or cancel, or prevent reasonable urgent action where waiting would be unsafe or cause further loss.
17.4 We will provide any remedy required by law without charging you for remedying a failure for which we are responsible. Depending on the circumstances, remedies may include completion, correction, repair, replacement, refund, cancellation or compensation.
17.5 Prompt notification assists investigation. It is not an artificial deadline that removes statutory rights.
18.1 We are responsible for reasonably foreseeable loss or damage caused by our breach of the agreement or failure to exercise reasonable care and skill, together with any other liability imposed by law.
18.2 Subject to section 19, we are not responsible for the part of a loss caused solely by another person’s work for which we are not legally responsible, or by a failure to follow appropriate aftercare or safety instructions.
This does not reduce our legal responsibility for defective products, unsuitable or incomplete services, or the acts and omissions of our employees, agents or subcontractors. It does not exclude any part of a loss caused or contributed to by our breach, inadequate advice, negligence or failure to take reasonable precautions.
18.3 Where an event outside our reasonable control actually prevents performance, only the affected obligation may be suspended for the period of prevention. We will notify you, take reasonable steps to minimise disruption and resume when reasonably practicable. The event does not, by itself, remove consumer guarantees, responsibility for defective products or liability already incurred.
18.4 If the event prevents performance for an unreasonable period and no alternative is agreed, either party may end the affected work. The final account will be calculated under clause 22.5. We will not charge a cancellation amount for unperformed labour or lost profit merely because the agreement ends under this clause.
18.5 Nothing in these terms excludes liability for fraud, wilful misconduct, reckless conduct, personal injury caused by negligence where that liability lawfully arises, or any liability that cannot lawfully be excluded.
18.6 We maintain business and public-liability insurance appropriate to the services we undertake. Any insurance information required for a particular project will be provided with the relevant project documentation. Insurance does not replace or determine your contractual or statutory rights.
19.1 The Consumer Guarantees Act 1993, Fair Trading Act 1986, Building Act 2004 and other applicable laws may give you rights additional to these terms.
19.2 Consumer guarantees can apply to some business purchases. These terms do not automatically contract out of consumer legislation, and a commercial account classification does not establish that an exclusion is available.
19.3 Any lawful agreement to contract out for a business transaction must be expressly recorded in writing and accepted by both parties, identify the provisions concerned, be fair and reasonable where required, and satisfy all other applicable legal conditions.
19.4 Mandatory law takes priority over inconsistent wording in the agreement.
19.5 Where special rules apply, including rules for uninvited direct sales or regulated credit, we will provide the required agreement, disclosures and notices within the applicable timeframes. Permission for verbal agreements under these terms does not replace a legal requirement for writing or prescribed information.
19.6 Applicable cooling-off, cancellation, refund and enforcement restrictions remain in force. We will not demand payment, impose a cancellation charge or enforce an agreement where doing so is prohibited.
19.7 These terms do not replace transaction-specific documents or information required by law.
20.1 Yard Matters Limited collects and holds personal information. Our postal address is PO Box 9, Mokau 4350. Privacy enquiries may be sent to admin@yardmatters.co.nz or made by calling 0800 46 9273.
20.2 We collect information reasonably necessary to respond to enquiries, prepare quotes, identify the Client and authorised representatives, arrange access, perform services, communicate, invoice, recover lawful debts and meet legal or insurance obligations. This may include contact details, property and access information, job records, relevant photographs and correspondence.
20.3 Providing information is generally voluntary. Without information reasonably needed for a particular purpose, we may be unable to quote, provide safe access-dependent services, establish an account or perform the requested work. Where collection is required or authorised by law, we will identify the relevant law as required.
20.4 We generally collect information directly from the person concerned. Where we lawfully collect it from another source, such as a property owner, manager or authorised representative, we will take reasonable steps to provide the required privacy information as soon as reasonably practicable, unless a lawful exception applies. If you give us another person’s information, you must have a lawful basis to do so; this does not remove our own obligations.
20.5 We may disclose relevant information to employees, subcontractors, suppliers, professional advisers, insurers, debt collectors and service providers where reasonably necessary and permitted by law. We do not sell personal information or provide it for unrelated third-party marketing.
20.6 We will use reasonable safeguards and retain information only for as long as lawfully needed, including for accounts, warranties, insurance and legal obligations. Where overseas service providers are involved, we will meet applicable privacy requirements and use appropriate safeguards.
20.7 You may request access to or correction of your personal information, or raise a privacy concern, using the contact details above. We will respond within the timeframes required by the Privacy Act 2020.
20.8 We may take photographs reasonably needed to quote, record conditions, document progress or completion, or investigate a concern. We will avoid collecting unnecessary identifying information.
20.9 We will obtain appropriate permission before using identifiable photographs of your property for marketing. Permission may be withdrawn for future use. We will stop new use and take reasonable steps to remove relevant material from online channels we control within a reasonable time. We cannot guarantee recall of material already printed or removal of independent third-party copies, but will take reasonable steps where appropriate.
21.1 We may use suitably qualified and, where required, licensed subcontractors to perform agreed work.
21.2 We remain responsible for the services and products we agree to supply through subcontractors.
21.3 If we instead introduce a provider with whom you will contract directly, we will make that arrangement clear before you commit. Responsibility for that provider’s separate contract will be governed by that contract and applicable law.
22.1 Either party may end an agreement for a material breach by the other party. Where the breach can be remedied, the party seeking termination must first give written notice explaining the breach and a reasonable opportunity to remedy it.
22.2 We may stop affected work immediately where continuing would be unsafe, unlawful or create a material risk of injury or property damage. We will explain the reason and, where possible, what is needed before work can resume.
22.3 Non-payment and invoice disputes are governed by section 15, subject to applicable statutory rights.
22.4 Ending the agreement does not remove rights or liabilities already accrued.
22.5 On termination, we will prepare a single final account covering amounts properly payable for authorised work performed, conforming products supplied, authorised unavoidable commitments and any cancellation amount properly payable under section 16. The account will:
(a) take account of the reason for termination and applicable legal rights;
(b) credit deposits, payments, supplier credits and other recoveries;
(c) allow for costs saved and reasonable steps to reduce loss;
(d) comply with the cancellation limits and restrictions on double recovery in section 16; and
(e) deal with refunds and products in accordance with clauses 16.7 and 16.8.
No cancellation fee is payable merely because you validly terminate for our breach or exercise a statutory right that prevents the charge.
23.1 If a concern arises, both parties will make a genuine effort to resolve it through direct discussion and exchange relevant information.
23.2 The parties may agree to mediation. Mediation is not compulsory unless separately and lawfully agreed.
23.3 Nothing in this section prevents either party from using the Disputes Tribunal or a court within its jurisdiction, exercising a statutory adjudication or other remedy, seeking urgent relief, or contacting an appropriate regulator.
23.4 Discussions or mediation do not automatically extend a legal deadline.
24.1 New Zealand law governs the agreement. References to money are to New Zealand dollars.
24.2 For ordinary contractual timeframes:
(a) a calendar day includes weekends and public holidays;
(b) a working day excludes Saturdays, Sundays and public holidays observed at the property where the work is performed. For a supply with no work site, public holidays observed in Mokau apply;
(c) when a period expressed in days runs after receipt of an invoice or notice, the day of receipt is not counted;
(d) a period expressed in hours is measured using actual elapsed hours; and
(e) booking dates and times use New Zealand local time at the work site.
A statutory definition or calculation method takes priority for a statutory period.
24.3 Written communications may be sent by email, text message or another agreed written method, using the contact details nominated or used for the agreement.
A written contractual notice is received when delivered to the relevant address or account and available for the recipient to access; it need not have been opened or read. A failed transmission does not constitute receipt.
Cancellation and postponement notices under section 16 may also be given verbally or by voicemail as provided in clause 16.2. Any express requirement elsewhere in the agreement for written notice, and any specific legal requirements for serving a notice, remain applicable.
24.4 Each party must notify the other of changes to contact details relevant to the agreement.
24.5 If a provision is invalid or unenforceable, it will be treated as severed or limited only to the extent permitted by law. The remaining provisions continue to apply where they can lawfully operate.
24.6 Delay in exercising a right, accepting late payment or allowing additional time does not, by itself, waive another or future right. Any actual agreement, binding waiver or legal restriction on enforcement will be respected.
24.7 You can contact us at:
Yard Matters Limited
Postal: PO Box 9, Mokau 4350
Email: admin@yardmatters.co.nz
Phone: 0800 46 9273
Questions about these Terms can be sent to admin@yardmatters.co.nz or discussed with us on 0800 46 9273.
Get in touch and we can clarify the service, quote or terms that apply to your work.