The Landscaping Contract is designed for use in New Zealand to formalize agreements between landscaping service providers and their clients, whether residential or commercial. This document is essential when engaging professional landscaping services for projects ranging from garden maintenance to complete landscape transformations. It includes comprehensive terms covering scope of work, pricing, timelines, materials, warranties, and compliance with New Zealand legislation including the Health and Safety at Work Act 2015, Resource Management Act 1991, and relevant local council regulations. The contract protects both parties' interests while ensuring clear communication of expectations and deliverables, making it suitable for both simple residential projects and complex commercial landscaping undertakings.
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1. Parties: Identification of the contractor and the client with full legal names and addresses
2. Background: Context of the agreement and brief description of the landscaping project
3. Definitions: Key terms used throughout the contract
4. Scope of Work: Detailed description of landscaping services to be provided
5. Contract Price and Payment Terms: Total cost, payment schedule, and payment methods
6. Timeline and Completion: Project start date, milestones, and completion date
7. Contractor Obligations: Responsibilities of the landscaping contractor including quality standards
8. Client Obligations: Client responsibilities including site access and information provision
9. Materials and Equipment: Specifications for materials to be used and equipment requirements
10. Health and Safety: Safety requirements and compliance with relevant regulations
11. Insurance and Liability: Insurance requirements and liability allocation between parties
12. Warranties: Guarantees for workmanship and materials
13. Variations: Process for handling changes to the scope of work
14. Termination: Conditions and process for contract termination
15. Dispute Resolution: Process for handling disagreements between parties
16. General Provisions: Standard legal clauses including governing law and notices
1. Subcontractors: Terms for engagement and management of subcontractors, used when subcontracting is anticipated
2. Environmental Protection: Specific environmental protection measures, used for projects with significant environmental impact
3. Maintenance Period: Terms for ongoing maintenance after project completion, used when maintenance is part of the contract
4. Site Protection and Security: Measures for protecting the site during work, used for larger or longer-duration projects
5. Consents and Permits: Responsibilities for obtaining necessary permits, used when council or authority approvals are required
6. Intellectual Property: Rights to design elements and plans, used when custom design work is involved
7. Weather Conditions: Provisions for weather-related delays, used in regions with challenging weather conditions
1. Schedule 1: Detailed Scope of Works: Comprehensive breakdown of all landscaping work to be performed
2. Schedule 2: Site Plans and Drawings: Detailed plans, layouts, and design drawings
3. Schedule 3: Materials Specifications: Detailed list and specifications of all materials to be used
4. Schedule 4: Payment Schedule: Breakdown of payment amounts and timing
5. Schedule 5: Project Timeline: Detailed project schedule with milestones
6. Schedule 6: Plant List and Specifications: Details of all plants to be used including sizes and quantities
7. Appendix A: Health and Safety Plan: Specific health and safety procedures for the project
8. Appendix B: Warranties and Guarantees: Detailed warranty terms for different aspects of the work
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