Terms of Service

These Terms of Service (“Terms”) constitute an agreement between you (“Customer,” “you,” or “your”) and Overgrown Mowing Ltd (“Overgrown Mowing,” “we,” “us,” or “our”), governing the provision and use of our services, website, communications, and equipment operations.

By accepting a quote, scheduling or authorising work, or otherwise engaging Overgrown Mowing Ltd to provide services, you agree to these Terms.

1. Services covered

These Terms apply to services provided by Overgrown Mowing Ltd, including but not limited to:

Forestry mulching and vegetation clearing
Gorse, blackberry, scrub and overgrown vegetation clearing
Overgrown paddock and grass mowing
Land and property reclamation
Tree and sapling mulching or removal where appropriate
Equipment-based vegetation management services, including remote-operated machinery
Site evaluations, estimates and quotes

2. Estimates, quotes & payment terms

All estimates and quotes are based on information reasonably available at the time of quoting. Pricing may be adjusted where actual site conditions differ materially from those disclosed or reasonably apparent when the quote was prepared, including vegetation density, hidden debris or hazards, terrain, ground conditions, accessibility, or the scope of work requested by the Customer.

Quotes are valid for 30 days unless otherwise stated.

Jobs over $10,000 require a 25% deposit to secure scheduling and equipment allocation unless otherwise agreed in writing.

Deposits are refundable if cancellation occurs at least 14 days before the scheduled start date.

Deposits may be non-refundable if cancellation occurs within 14 days of the scheduled start date, to the extent permitted by New Zealand law and having regard to costs or losses reasonably incurred by Overgrown Mowing Ltd as a result of the cancellation.

Payment in full is due immediately upon completion unless otherwise stated on the invoice or agreed in writing.

Overdue amounts may be referred for debt collection or legal recovery. The Customer may be responsible for reasonable debt recovery costs where permitted by law and agreed under these Terms.

3. Customer responsibilities

By engaging Overgrown Mowing Ltd, you confirm that:

You are the legal property owner or have authority from the legal owner to authorise the work.
You grant Overgrown Mowing Ltd reasonable access to the property for personnel, vehicles and heavy machinery.
You are responsible for informing Overgrown Mowing Ltd of known underground, concealed or otherwise non-obvious utilities, structures, hazards and obstacles within or near the work area.
You must clearly identify, mark, isolate or remove known hazards where reasonably practicable before work begins.

Hazards may include, but are not limited to:

Metal objects
Large rocks
Old fencing and fencing wire
Discarded household or farm items
Water pipes
Electrical cables or wiring
Gas lines
Septic tanks and septic systems
Irrigation lines
Drainage systems
Building materials
Concrete, posts and foundations
Underground structures
Other concealed objects capable of damaging machinery or creating a safety hazard

Failure to disclose utilities or hazards

Unless specifically included in the agreed scope of work, Overgrown Mowing Ltd is not responsible for removing or relocating items, objects, utilities or hazards.

To the extent permitted by law, Overgrown Mowing Ltd will not be responsible for damage arising from utilities, objects, obstacles or hazards that were not disclosed by the Customer and could not reasonably have been identified by Overgrown Mowing Ltd before commencing work.

The Customer may be responsible for reasonable repair or recovery costs arising from undisclosed hazards, including damage caused to Overgrown Mowing Ltd’s machinery or equipment, where the Customer knew or reasonably should have known of the hazard and failed to disclose it.

4. Property & equipment liability

Overgrown Mowing Ltd operates heavy machinery in environments that may include steep, uneven, wet, soft, overgrown or otherwise difficult terrain.

The Customer acknowledges that vegetation clearing, mowing and mulching operations can cause reasonable and unavoidable disturbance to the work area, including:

Tyre or track marks
Ruts and soil disturbance
Disturbance to lawns and turf
Compaction
Displacement of soil, mulch, stones and vegetation
Damage to vegetation within the agreed work area
Changes to the appearance of the land

Overgrown Mowing Ltd will take reasonable care when carrying out its services but is not responsible for ordinary or unavoidable ground disturbance inherent in performing the agreed work.

Flying debris & projectiles

The Customer acknowledges that mowing, flail mowing, forestry mulching and vegetation clearing machinery can dislodge and propel stones, wood, wire, metal, vegetation and other debris.

Overgrown Mowing Ltd will take reasonable precautions to manage this risk. However, to the extent permitted by law, Overgrown Mowing Ltd will not be liable for damage caused by concealed or undisclosed objects being struck or projected by machinery where the object could not reasonably have been identified beforehand.

The Customer must advise Overgrown Mowing Ltd of nearby buildings, vehicles, livestock, infrastructure or other property requiring particular protection before work begins.

5. Service limitations & finished results

Overgrown Mowing Ltd will provide its services with reasonable care and skill.

The Customer acknowledges that vegetation clearing and mulching outcomes vary substantially depending on:

Vegetation type
Vegetation density
Vegetation size and maturity
Terrain
Ground conditions
Moisture
Rocks and debris
Accessibility
Machinery that can safely access the site

Photographs, videos and other examples appearing on our website, social media, advertising or marketing material are illustrative only.

The finished appearance of a Customer’s property may differ from examples shown in marketing material because every site and vegetation type is different.

Unless specifically agreed in writing, Overgrown Mowing Ltd does not guarantee that vegetation will not regrow following mowing, mulching or clearing.

Handheld equipment & machinery limitations

Overgrown Mowing Ltd specialises in vegetation clearing using purpose-built mowing and mulching machinery. Unless specifically agreed otherwise in writing, our services do not include work performed using handheld or manually operated equipment, including but not limited to chainsaws, weed whackers, brushcutters, hedge trimmers, pole saws or leaf blowers.

The Customer acknowledges that the proximity to which vegetation can be cleared around trees, fences, buildings, posts, utilities, structures and other obstacles is limited by the size, design, operating requirements and safe working clearances of the machinery used by Overgrown Mowing Ltd. Accordingly, we do not guarantee that vegetation will be cleared flush with, directly against, or within any particular distance of such objects or obstacles. Any additional trimming, cutting or clearing required beyond the safe and practical reach of our machinery is outside the scope of our services unless expressly agreed otherwise in writing.

6. Weather, site conditions & scheduling delays

Services may be postponed, interrupted or rescheduled because of weather, unsafe ground conditions, fire risk, machinery breakdown, equipment availability or other circumstances reasonably outside Overgrown Mowing Ltd’s control.

Overgrown Mowing Ltd may suspend or discontinue work where continuing would, in our reasonable judgement, create an unacceptable risk to people, property, machinery or the environment.

Deposits will not be forfeited solely because Overgrown Mowing Ltd initiates a reasonable rescheduling of the work.

7. Cancellations & rescheduling

Cancellations should be submitted in writing to info@overgrownmowing.co.nz.

For projects over $10,000, deposits are refundable where cancellation occurs at least 14 days before the scheduled commencement date, unless otherwise expressly agreed.

Where cancellation occurs within 14 days, Overgrown Mowing Ltd may retain an amount reasonably reflecting costs and losses arising from the cancellation, subject to applicable New Zealand law.

Smaller jobs may generally be rescheduled once without charge where at least 72 hours’ notice is provided.

8. Limitation of liability

Overgrown Mowing Ltd will exercise reasonable care and skill in providing its services.

To the maximum extent permitted by New Zealand law, Overgrown Mowing Ltd will not be liable for indirect or consequential loss arising from the provision of its services.

Nothing in these Terms excludes, restricts or modifies any rights, guarantees, remedies or obligations that cannot lawfully be excluded or limited under applicable New Zealand law.

Where services are acquired for business purposes and it is lawful to do so, the parties agree that applicable provisions of the Consumer Guarantees Act 1993 may not apply, provided the requirements for contracting out of that Act are satisfied.

Where permitted by law, Overgrown Mowing Ltd’s total liability arising from a particular service will be limited to the amount paid or payable by the Customer for that service.

The Customer will be responsible for losses or claims arising from undisclosed hazards, inaccurate information supplied by the Customer, or property-access issues caused by the Customer, to the extent the Customer is legally responsible for those matters.

9. New Zealand law & dispute resolution

These Terms are governed by the laws of New Zealand.

The parties will first attempt to resolve any dispute in good faith through direct communication.

If a dispute cannot be resolved between the parties, either party may pursue any dispute-resolution process or remedy available under New Zealand law.

Any court proceedings relating to these Terms will be subject to the jurisdiction of the New Zealand courts.

Nothing in this section limits either party’s rights to use the Disputes Tribunal or any other statutory dispute-resolution process where applicable.

10. New Zealand consumer law

Nothing in these Terms is intended to exclude or limit any rights the Customer has under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable New Zealand legislation where those rights cannot legally be excluded or limited.

Where the Customer acquires services from Overgrown Mowing Ltd for business purposes, statutory consumer protections may be contracted out of only where New Zealand law permits and the legal requirements for doing so have been satisfied.

11. Changes to terms

Overgrown Mowing Ltd may update these Terms from time to time.

The Terms applicable to a particular job will generally be those provided to or accepted by the Customer when the relevant quote or service is accepted, unless the parties agree otherwise.

Changes to these Terms will not retrospectively alter an existing agreed service without the Customer’s agreement where such agreement is required by law.

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