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Terms of Service

Last Updated: 29 April 2026

Elysion Limited

1. Agreement to Terms

By requesting a quote, booking our services, or allowing us to enter your property, you ("Client", "you") agree to be bound by these Terms of Service ("Terms") with Elysion Limited ("Company", "we", "us", "our"). If you are acting on behalf of a business or entity, you warrant that you have authority to bind that entity.

These Terms apply to all landscaping, gardening, lawn care, hardscaping, tree work, irrigation, and related trade services provided by us in the Auckland region and elsewhere in New Zealand.

2. Quotes & Estimates

  • Written estimates are valid for 30 days from the date of issue unless otherwise stated.
  • Fixed price vs estimate: Unless clearly marked as "fixed price", any estimate is a guide only. Final invoice will reflect actual time, materials, and plant costs.
  • Hidden conditions: If during work we encounter conditions not visible during quoting (e.g., underground concrete, tree roots, poor drainage, asbestos, hazardous materials, unmapped utilities), we will stop work and provide a variation quote. No additional work will proceed without your written approval (email or text acceptable).
  • Change orders: Any additional work requested by you after the original scope is agreed will be invoiced separately.

3. Construction Contracts Act 2002 (CCA)

Important: Landscaping work that includes paving, retaining walls, fences, decks, irrigation systems, or any structural or site-work is classified as "construction work" under the CCA. This gives us important rights and imposes obligations on you.

  • Payment claims: All our invoices for construction work are payment claims under the CCA. Each invoice will state the work done, amount claimed, due date, and that it is a payment claim.
  • Payment schedules: If you dispute any amount, you must provide us a written payment schedule within 20 working days (or shorter if specified on the invoice) stating which amount you dispute and why. If you do not provide a payment schedule, you will be liable to pay the full claimed amount even if you have a genuine dispute ("pay now, argue later").
  • Suspension of work: If you fail to pay any undisputed amount by the due date, we may suspend all work without penalty until payment is received. We may also charge interest at 10% per annum on overdue amounts.
  • Adjudication: Any dispute under the CCA may be referred to adjudication under the Act.

4. Consumer Guarantees Act 1993 & Fair Trading Act 1986

  • Residential clients: If you are an individual acquiring services primarily for personal, domestic, or household use, the Consumer Guarantees Act applies in full. Nothing in these Terms excludes, restricts, or modifies the CGA.
  • Business clients: If you are acquiring services for the purposes of a business (including rental properties, commercial premises, or development), the CGA does not apply. You agree that the guarantees under the CGA are excluded to the fullest extent permitted by law.
  • Fair Trading Act: We comply with the Fair Trading Act 1986. We will not mislead or deceive you. You also agree not to engage in misleading or deceptive conduct in dealing with us.

5. Payment Terms

  • Deposits: A deposit of up to 50% may be required for large material purchases (e.g., pavers, sleepers, special-order plants) or custom designs. Deposits are non-refundable once materials have been ordered.
  • Payment due date: Payment in full is due 14 days from the date of invoice for residential clients, and 20 working days for commercial/government clients, unless otherwise agreed in writing.
  • Payment methods: Bank transfer, credit card (surcharge may apply), or cash. We do not store credit card details.
  • Late payment interest: Overdue invoices will accrue interest at 2% per month (or the maximum allowed under the Interest on Money Claims Act 2016 - currently 10% per annum).
  • Debt collection: If we refer an overdue invoice to a collection agency or solicitor, you agree to pay all reasonable recovery costs (including debt collector fees and legal costs on a solicitor-client basis).

6. Your Responsibilities (Client)

  • Provide access: Unlocked gates, clear driveway, and a working outdoor water tap (unless otherwise discussed). A rescheduling fee may apply if our crew cannot access the site.
  • Mark utilities: Contact Before You Dig NZ (call 0800 248 344 or online) to locate underground cables, gas, water, and fibre before any digging, post-hole sinking, or tree removal. We are not liable for damage to unmarked utilities.
  • Disclose hazards: Tell us in writing before work starts about any known hazards: asbestos, dangerous or unstable trees, buried rubble, broken glass, dog faeces, wasp nests, poison ivy/tutu, chemical spills, or unmarked water/electrical lines.
  • Secure pets & children: Keep pets inside or secured away from work areas. Keep children away from machinery. We are not liable for injury to unsupervised pets or children on the work site.
  • Provide correct information: Any misrepresentation that leads to incorrect quoting or safety risks may result in additional charges.

7. Scheduling, Weather & Delays

  • Weather dependence: Landscaping work can be delayed by rain, high winds, frost, or extreme heat. We will reschedule at no cost to you. If you ask us to work in unsafe conditions (e.g., lightning), we may refuse.
  • Notices: We will endeavour to notify you of any delay at least 24 hours in advance by phone or text. Time is not of the essence unless expressly stated in writing.
  • Material delays: If specific plants, pavers, or timber are out of stock from our suppliers, we will offer alternatives or reschedule. We are not liable for supplier-caused delays.

8. Specific Trade Clauses

  • Lawn mowing: We do not rake grass clippings unless quoted. We are not responsible for pre-existing lawn issues (bald patches, weeds, thatch). We will not mow when grass is so wet that it causes rutting.
  • Tree work: We carry public liability insurance for falling branches, but we are not liable for invisible root damage to neighbouring properties or underground services. Stump grinding removes stump to below ground level but leaves major lateral roots.
  • Paving & retaining walls: Minor settling (up to 5mm) due to freeze-thaw or normal ground movement is not a defect. Weep holes required for solid retaining walls - failure to maintain them is your responsibility.
  • Planting: We do not guarantee plants against pests, disease, drought, or neglect. We will provide written care instructions if requested.

9. Cancellation & Rescheduling

By you: Cancellations with less than 24 hours' notice (excluding weekends and public holidays) may incur a fee. Cancellations for custom-order materials (e.g., named plants, special pavers) may require reimbursement of material cost if already purchased.

By us: We may cancel due to weather, safety, or illness without penalty. We will reschedule as soon as practicable.

10. Limitation of Liability

  • Total liability: Our total aggregate liability to you for any claim (whether in contract, tort, or statute) arising out of or relating to these services shall not exceed the total amount you have paid us for those specific services.
  • Consequential loss: We are not liable for indirect or consequential loss, including but not limited to: loss of enjoyment, loss of rental income, damage to unmarked underground sprinklers, failure of new lawns due to your watering habits, or damage to fences/gates left open by you.
  • Exceptions: Nothing in this clause limits our liability for personal injury or death caused by our negligence, or any liability that cannot be excluded by law.

11. Health & Safety at Work Act 2015 (HSWA)

We are a PCBU (Person Conducting a Business or Undertaking). We will take all reasonably practicable steps to keep our workers and your family safe. You also have duties: you must inform us of any hazards you are aware of and not direct us to work in an unsafe manner. Failure to do so may result in immediate cessation of work and charges for wasted time.

12. Dispute Resolution

  • First step: Contact us directly - most disputes can be resolved informally. We will respond within 5 working days.
  • Disputes Tribunal: For claims under $30,000 (residential) or $20,000 (business), either party may refer the dispute to the Disputes Tribunal of New Zealand. You waive the right to a jury trial for such claims.
  • District Court: Claims above the Tribunal's limit will be heard in the Auckland District Court.
  • Construction Contracts Adjudication: For disputes relating to construction work (under CCA), either party may apply for adjudication under the Act instead of the Disputes Tribunal.

13. Governing Law

These Terms are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.

14. Entire Agreement

These Terms (together with any written quote or scope of work) constitute the entire agreement between us. Any variations must be in writing signed by both parties.