1. SCOPE OF THE AGREEMENT
1.1 Subject to the terms and conditions of this Agreement:
1.1.1 Revive Garden AKL undertakes to carry out the agreed works; and
1.1.2 the Customer undertakes to accept and pay for the agreed works between both parties.
2. CUSTOMER’S RESPONSIBILITIES
2.1 The Customer warrants that:
(a) the Customer is the owner of the property stated on the cover page of this agreement (“Site”) or is authorized by the owner of the Site to carry out the agreed works on the Site; and
(b) Revive Garden AKL shall have free and unimpeded access to the Site for the purpose of carrying out the agreed works, and that (except where agreed otherwise) the Site will be cleared of all debris prior to commencement of the agreed works.
2.2 The Customer shall ensure that, if other parties are to be allowed access to the Site during the term of this agreement, this shall be by agreement with Revive Garden AKL, and the Customer shall ensure that such other contractors are coordinated to allow unimpeded access to the Site or completion of works byRevive Garden AKL
3. CHANGE TO AGREED WORK
3.1 The Customer may request modifications or amendments to the agreed works at any time during the term of this agreement and Revive Garden AKL shall use its best endeavors to comply with all such requests, provided that the parties shall immediately negotiate in good faith to determine whether any such modifications or amendments are practicable and (where applicable) agree upon an amended price. Revive Garden AKL shall not be required to commence work on any such amended works until the amended price is agreed.
3.2 Where any such modifications or amendments to the agreed works are agreed between the parties in accordance with clause 4.1, they shall be recorded in writing and signed by both parties, whereupon they shall be deemed to be incorporated into this agreement.
3.3 Where the parties do not reach agreement in accordance with clause 3.2 , within 5 days of a request for an amendment, this agreement shall remain unchanged and shall continue to be binding on both parties.
4. CONTRACTED SUM AND PAYMENT
4.1 The Customer shall pay Revive Gaden AKL the agreed price (“Contract Sum”) in the manner, at the rate and at the times provided in this agreement.
4.2 The Customer shall pay Revive Garden AKL the amounts due under clause within 48hours of receiving an invoice from Revive Garden AKL
4.3 Where any monies owing under this agreement are not paid by the due date, the Customer shall pay a late fee of 20% of the final bill per week until the final payment is received in full.
4.4 Cancellation, The customer must provide 48 hours of cancellation notice or a 50% fee will incur to cover time and materials lost by Revive Garden AKL
5. FORCE MAJEURE
5.1 No failure or omission by either party to carry out or observe any of the terms and conditions of this agreement shall, except in relation to obligations to make payment hereunder, give rise to any claim against the party in question or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond the control of that party.
