Our Terms and Conditions
1. PAYMENT
The payment for any works will be required on completion of each section of the job. For larger jobs you will be sent 'progress payment' requests weekly.
For any jobs valued over $1000, you will be sent a 'deposit request' invoice for 20% of the total quoted amount. This deposit payment is required to confirm your booking with us.
2. FINAL PAYMENT
Final Payment will be due two (2) working days after the completion of the project.
3. LOCATION FOR SERVICE
The client agrees to provide the GARDENER with access to the location/s specified by the client as is reasonably required for the provision of the services. The GARDENER will use all reasonable measures to secure any keys, alarm codes and other means of access, supplied by the client to us for the purpose of enabling our personnel to enter and work at the client premises.
4. SCOPE OF WORK
The GARDENER shall provide the services requested with reasonable skill and care at the location/s specified by client.
The GARDENER shall arrange with the client to perform the tasks at a suitable time for both parties during business hours. This does not prohibit us and the client from arranging a more suitable time outside of business hours to complete the services if agreed to by both parties.
The GARDENER agrees to provide all equipment necessary to carry out the services as agreed. Specialised equipment hire will be discussed with client and included on attached estimation.
The GARDENER can only guarantee that the services that have been requested are completed. If the client wishes to make any changes/additions to the services they have requested, they must communicate this within a reasonable timeframe to us.
Only the items on the estimate specification are included and all works are due for payment.
The Client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.
5. CHANGES IN THE WORK
Changes in the Work can be requested by the CLIENT verbally but the price for a change in the Work must be agreed to in writing. If the CLIENT and GARDENER cannot agree to a price for the change in the Work the parties may agree in writing that the proposed change in the Work be performed on a time and materials basis where all required labour will be charged at a rate of $60 per hour and all material costs be subject to a markup of 25% for building materials and 20% for plant mixes.
6. PAYMENT FOR CHANGE(S) WORK
Payment for change/s in the Work will be made separately, on an invoice detailing the extra agreed work follow the LANDSCAPER’s completion of the change and within 2 days of the GARDENER providing an invoice.
All OVERDUE invoices will incur interest.
If because of climatic or other conditions reasonably beyond the control of the GARDENER the Work cannot be completed, payment in full for that portion of the work which has been performed shall be made by the CLIENT and the CLIENT may withhold, until the remaining portion of the Work is completed such an amount sufficient and reasonable to cover the cost of performing such remaining work.
7. COPYRIGHT
Copyright for the Drawings and Specifications belong to the GARDENER and shall not be used on any other project. The CLIENT may retain copies of the Drawings and Specifications for information and reference provided the GARDENER has been paid in full for services rendered under this Agreement.
8. PROPERTY LINES AND DETAILS
If necessary for the works; prior to the commencement of the Work the CLIENT will provide the GARDENER with information as to the location of property lines and all subsurface utility and service lines, including but not limited to electrical, telephone and gas lines and water and irrigation pipe-lines and conduits, as far as known. The GARDENER may rely on the accuracy and completeness of all such information and shall not be liable for damages or costs resulting from any errors or omissions in that regard. Unless otherwise provided for herein.
9. THE SITE
Adequate access to the site must be made available by the Client to the GARDENER to enable the work to be carried out in a regular and economic manner.
Client obligations;
Organise with the GARDENER how best to ensure the GARDENER has access to the premises at the times of service agreed.
Advise of any special instructions for deactivation/activation of any household alarm systems if necessary.
Access to a water supply, a mains electricity supply and toilet facilities unless otherwise agreed.
Unimpeded access to the premises when required to complete agreed services.
Ensure the premise is in good order for us to be able to conduct their services.
Inform the GARDENER of all health, safety and security rules, regulations and requirements that apply at the customer premises.
The client ensures that no third-party service provider will be working at the customer premises during the provision of service unless otherwise agreed.
Ensure that any pets at the premises are adequately restrained while services are being performed.
10. MATERIALS ON-SITE
Materials delivered to site become the responsibility of the Client. The GARDENER accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.
Any material brought to, or removed from the site, excess to the GARDENER requirements remains the possession of and removable by the GARDENER who shall have the right to enter the site for that purpose.
11. PROMOTION
The Client hereby authorises the GARDENER to take photographs of the Client’s property for the use of promoting the Landscaping Services at the GARDENER discretion and grants the GARDENER the sole right in the intellectual property of any such photographs.
12. BUILDING MATERIALS
Unless otherwise specified, all building materials provided shall be new. The GARDENER shall have total control of the Work and shall be solely responsible for the construction means, methods, techniques, sequences, and procedures. The GARDENER agrees to remove all debris and leave the premises in cleaning tidy condition, unless otherwise organised by the client.
13. CONCEALED PHYSICAL CONDITIONS
If subsurface or otherwise concealed physical conditions at the Premises differ materially from those indicated initially in this this Agreement or from those ordinarily found to exist in the vicinity of the Premises, including subsurface utilities, boulders, tree stumps or construction debris, then the extra work will be billed at $ 60 per hour plus material costs, or passed over to an appropriate subcontractor required to carry out the Work.
14. LIABILITY INSURANCE
The GARDENER shall maintain Comprehensive General Liability Insurance in the minimum amount of $1,000,000. Evidence of this insurance shall be provided to the CLIENT upon the request.
15. CONTRACTORS
The Landscaper may engage subcontractors to perform work at its discretion, provided that the GARDENER shall fully pay any subcontractors and in all instances remain responsible for the proper completion of this Contract.
16. PAYMENT METHOD
All of the prices quoted are based on bank transfer payment option.
17. CLIENT’S INSOLVENCY
Should the CLIENT be insolvent, be adjudged bankrupt or default in any payment described in this agreement, the GARDENER without further notice to the CLIENT may stop performance of the Work or terminate this Agreement such that the GARDENERS obligations hereunder will be suspended or terminated without limitation, the CLIENT will have the sole responsibility to monitor and manage the safety and condition of the Premises and the GARDENER shall be entitled to be paid for the value of all Work performed to the date of the termination.
18. AMENDMENT AND SUPPLEMENT
Any amendment and supplement to this Agreement shall come into force only after a written agreement is provided. The amendment and supplement duly executed by both parties shall be part of this Agreement and shall have the same legal effect as this Agreement.
19. DELAY/ DISRUPTION
The GARDENER undertakes to use all reasonable endeavours to complete the works within a reasonable time. The Contractor shall incur no liability however for any delays or non-performance arising from force majeure, adverse weather conditions, strikes, lock-outs, war or other hostilities or any active event beyond his reasonable control in whole or in part.
20. FORCE MAJEURE
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 deemed a breach of this Agreement if such failure or omission arises from any cause reasonably beyond the control of that party.
21. RESOLUTION OF DISPUTES
The GARDENER will conduct themselves professionally on your property. In the rare event accidental damage occurs, you’ll need to notify the GARDENER within 48 hours of when the services are completed either by email or by phone. Please provide us with a photo and estimate of the damages and be available to be contacted. The client must inform us of any special instructions for services that require so to avoid unintentional damage. If the client has any complaints at any time during the contract term, they are to notify us as soon as possible, as close the event of complaint as possible, for this to be resolved and rectified. If the standard of any of the services provided by the GARDENER is deemed rightfully unsatisfactory, please notify us and we will work with the client to rectify the situation as swiftly and as fairly as possible.
Any dispute or difference which may arise between the parties concerning the interpretation of this Agreement or in relation to any matter arising under this Agreement, which cannot be settled amicably and in good faith between the parties, shall be referred to arbitration under the Arbitration Act 1996
22. CANCELLATIONS
Once you have accepted your quote, this commitment requires the GARDENER to turn away other work and plan accordingly with our staff.
For any large jobs (over $1000), from the initial consultation, time and administrative costs are incurred. Therefore, any cancellations will result in the forfeiture of the deposit amount by the client.
If a job is cancelled during the construction or completion phase, any incurred labour and material charges will be billed at a rate of $70 per hour, along with a 25% markup on materials.
If client is has scheduled a regular service 24 hour’s notice is required should client wish to cancel and reschedule a service without charge.
Due to the nature of regular bookings, given that 24 hours’ notice is given, the GARDENER will work with the client to reschedule or redirect the allocated charges for the service towards other services at a different time arranged between the client and provider.
If regular client cancels, without willingness to reschedule, or client is a one off client, within 48 hours’ notice, the client will be charged 50% of the agreed rate for services. If client cancels within 24 hours’ notice, they will be charged 80% of the agreed rate. If client cancels on the day of service, they will be charged 100% of the agreed rate.
The GARDENER is always happy to accommodate clients with a rescheduled service time, however that will be subject to availability.
In the event of sickness being the reason for cancellation by the client OR by the GARDENER, we will work to find a suitable reschedule appointment. Should weather (ie, rainy day, snow day) be reason for cancellation, the GARDENER will work with client to reschedule service time.
If the GARDENER cannot complete services due to not being able to access the property, or similar scenario, the client is still liable for the costs of the service, within reason.
If the client has a ‘subscription service’ then 30 days written notice is required to terminate the contract.