These terms and conditions (“Terms”) apply to all agreements between us and you (our customer, the person named in our Quote or invoice). If there are any differences between these Terms and the terms in your Quote or invoice, the Quote or invoice terms will apply.
“Services” means the description of works and services to be performed as detailed in the Quote.
“Materials” means the supplies, equipment, parts and any goods necessary to provide the Services.
“Quote” means the description of Services, Materials and cost quotation provided to you.
“Start Date” means the starting date of the Services as further defined in the Quote or otherwise advised to you.
“Completion Date” means the date by which the Services will be completed as further defined in the Quote or otherwise advised to you.
“Deposit” means the non-refundable deposit amount as specified in the Quote.
“Property” means where the Services will be performed as detailed in the Quote.
“Us/We/Our” refers to us, the Services provider, including all directors, employees, contractors, and affiliates.
“You/Your” refers to you, the customer engaging our Services.
Our Quote is an offer for you to hire us for the Services at the stated price under these Terms. We are only required to provide the Services after we receive your full Deposit. Quotes are valid for the period stated on them. If you do not accept within this time, the Quote expires unless we agree in writing to extend it.
The Deposit is non-refundable for change of mind or cancellation of Services as we commence ordering your Materials and working on designing and planning your Services once the Deposit is received.
You agree to pay our fees promptly on the due date specified in the invoice. Any late, overdue or unpaid invoice amounts will incur interest at a rate determined under the Penalty Interest Rates Act 1983.
We will start the Services on the Start Date and complete them by the Completion Date unless there are unforeseen circumstances outside of our control at which point we will agree an alternative Completion Date.
We or any employee, contractor, agent, or representative we may employ from time to time, will perform the Services, and we warrant that they have the appropriate qualifications and skills to perform the Services.
Any specific terms and requirements relating to the Services you require must be agreed upon in writing, and you must notify us in advance. No other party is entitled to give us instructions, including, but not limited to, instructions relating to the scope of the Services unless we receive written instructions from you.
We will provide the Services using reasonable care and skill, in accordance with your specific instructions. In the absence of such instructions, we will use methods we deem appropriate, considering the relevant operational, financial, or technical requirements.
We represent and warrant that we will use our best endeavours in providing the Services to:
(a) comply with all relevant statutes and regulations and any applicable industry standards and guidelines;
(b) comply with your reasonable directions;
(c) not breach any third-party rights; and
(d) ensure the work performed to provide the Services is done professionally and to an acceptable standard.
You acknowledge and agree that:
(a) you will provide all relevant information required for us to carry out the Services in a timely manner;
(b) you have ownership rights to the Property and the right to grant us access to the Property; (c) you will ensure we or any of our representatives have all necessary accesses to the Property during regular working hours and will take all steps needed to ensure the Property and the area where the Services are to be performed are safe and secure (including, by way of example, ensuring your pets are under control);
(d) you will provide water and electricity for us at no cost at the Property;
(e) you will obtain any required Council and all necessary approvals before the Start Date unless expressly agreed in writing by us that we will obtain them for you at an additional cost;
(f) you warrant, to the best of your knowledge, that the Property is free from any underground problems, including pipes, cables, stumps, sewerage drains and waste materials, and if there are such problems, you will notify us in writing;
(g) you warrant that there are appropriate, adequate and up-to-date insurance policies to cover the Property, including attendance by us and any of our representatives or third parties who may be required to perform the Services;
(h) you will make available all reasonable facilities as may be requested by us for the storage and safekeeping of our equipment at the Property; and
(i) you will make reasonable efforts to provide a suitable parking facility for us immediately close to the Property.
Any variations to the original Quote will incur additional costs. Variations may include changes to the scope, size, or timing of the Services.
If we discover unanticipated problems, such as underground problems, damaged pipes, rock beds or other unexpected impediments, that you have not notified us prior to our issued Quote or any existing issues that we discover that may be a problem, such as toxic leaks, springs, buried debris or similar, we are entitled to charge you for any additional work necessary for us to complete the Services.
If the Property is unavailable during regular hours, you do not provide water, electricity, storage or parking facilities, or you have yet to obtain Council approval, we are entitled to charge additional costs. We will also charge an additional fee if we cannot access the Property on the agreed dates and are required to return, as we have reserved these dates to the exclusion of other customers and work.
Any variations you request because of a change of mind or a change in the Services may be accepted or rejected at our discretion. Each variation, including the additional costs, must be agreed to in writing by you before we proceed.
Any Completion Date for the Services we provide you is an estimate only. Any delays due to poor weather or circumstances beyond our control will not invalidate our Quote or this agreement. Time is not of the essence under these Terms.
If circumstances beyond our control prevent us from delivering the Services as quoted, we will make all reasonable efforts to minimise the impact on the design and quoted Services. You acknowledge that this is possible and accept any action we may take to minimise the potential change in the design or scope of Services.
In the event that we are unable to perform the Services due to circumstances beyond our control, including, without limitation, national emergencies, strikes, lock-outs, trade disputes, fire, equipment breakdowns, or staff shortages, we will not be liable for any delay in performing any of our obligations.
You must notify us of any defects in the Services that are our responsibility within ninety (90) days from the Completion Date. No claims may be made after the ninety (90) days.
We will use our reasonable endeavours to correct the defects. We accept no liability for any defect attributable to you not complying with your obligations under these Terms, including any incorrect information you have supplied to us. Damage resulting from your failure to maintain the completed work as necessary or as advised by us is not considered a defect.
We do not offer refunds for cancellations or if you change your mind. You acknowledge and agree that after receiving an accepted Quote signed by or on your behalf, we will have ordered Materials and incurred time in arranging the Services and cannot, therefore, provide a refund. Any Deposit will be forfeited to cover our costs.
We will comply with all Australian Consumer Law (ACL) requirements in the Consumer and Competition Act 2010 (Cth), including but not limited to the re-supply or refund of any Services or Materials supplied or provided which do not meet ACL requirements. Certain legislation, including ACL and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of Services and Materials by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all Services and Materials provided to you are without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We guarantee that the Services we supply to you are delivered with due care and skill, fit for the purpose that we advertise, and will be provided within a reasonable time for matters within our control. To the extent we are unable to exclude liability, our total liability for loss or damage which you suffer or incur from our Services is limited to us re-supplying the Services to you or, at our option, refunding to you the amount you have paid for the Services to which your claim relates.
If the Materials are faulty, if they have been wrongly described, if they are different from a sample we show you or if they do not do what they are supposed to, then you may elect to exchange the Materials, receive a refund or credit. If you require spare parts or additional repairs, you may need to contact the manufacturer directly.
To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
(b) our Services being unavailable; and
(c) loss, damage, costs, including legal fees, or expenses, whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your reliance on the Services, and/or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
This clause survives the expiry or termination of this Agreement.
If you want to cancel the Services, please see the Refunds and Warranties section. Otherwise, in the event of a breach of these Terms by either party, and the breach is rectifiable and is not rectified within thirty (30) days after written notification to the other party, the first party may terminate the contract immediately
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of you and us. At no time will any communications or discussions be made public, including but not limited to any social media websites of either party.
In the event of any dispute regarding the work, quality or ownership, both parties agree to put in writing their concerns and to meet to discuss a potential resolution and use their best endeavours to do so. If a resolution cannot be reached, the parties agree to obtain an independent professional arbitrator/dispute resolution specialist to decide on the dispute, and each party agrees to pay their own costs.
We may subcontract or assign this Agreement or part thereof. We may also engage individuals on a subcontract or consultancy basis to assist with providing the Services and need not seek your consent.
We are committed to complying with the Australian Privacy Principles (APPs) described in the Privacy Act 1988 (Cth). Any personal information we receive while providing the Services will be stored, managed and secured following the APPs and our Privacy Policy.
We may photograph our work at various points during our Services, including Materials and your Property (together ‘Content’). We may, from time to time, use this Content, provided it does not identify your Property, show your street address or otherwise compromise your privacy, for our own promotional purposes, including in any advertisement, social media or other means to promote our Services. If you do not wish us to do so, please notify us in writing in advance so that we have a record of your preference.
These Terms are subject to the laws of the State or Territory where the Services are being provided. If there is a dispute between us that results in litigation, then you agree and must submit it to the jurisdiction of the courts of that State or Territory.
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