Terms of Service

Landscaping Ballarat

These Terms & Conditions apply to any work performed and materials supplied by Greenr Landscapes (Contractor) and are incorporated into the invoice provided to you (Customer) and shall govern unless expressly modified or excluded in writing by both parties. Acceptance of the quote/invoice constitutes acceptance of these Terms & Conditions and represents a binding contract between the parties.

 
1. Scope of Work:

The Contractor shall carry out and complete landscape/earthworks described in the invoice in a workman like manner and shall have no obligation to execute any additional work unless otherwise agreed in writing between these parties.

2. Permits:

The Customer is responsible for any necessary permits or consent required for any work to be performed by Contractor under the invoice. The Customer must ensure all permits and consents have been obtained prior to the scheduled commencement of any work and that the work contained in the invoice is permitted by all applicable laws.

3. Payment:

The Customer shall pay the full amount of the invoice (including GST) as follows: (1) 50% down payment required prior to commencement of works. (2) Remaining 50% balance due within 7 days of completion of works.

4. Price:

The Contractor’s price on the quote is binding provided that the Customer accepts the quotation within 30 days. The Contractor reserves the right to change the price if (1) Customer requests a variation to the materials on the initial invoice (2) additional works are required due to the discovery of hidden or unidentifiable difficulties which are beyond the Contractor’s ability to accurately assess (including but not limited to sub surface soil conditions eg, tree stumps, rock, obscured site defects, hidden services, limitations to accessing site etc). Where such problems are only discovered on commencement of works, the Contractor shall be entitled to charge for additional work/supplies/equipment necessary to complete work or may suspend work until the condition has been remedied.

5. Customer Obligations:

The Customer warrants the site is free of underground condition including, without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains and waste materials except as specifically disclosed to Contractor prior to acceptance of the Invoice. Where such problems are discovered on commencement of work, the Contractor shall be entitled to charge for additional work as outlined in previous paragraph. The Customer shall provide Contractor with electricity and water.

6. Property Access:

The Customer shall ensure that the Contractor has clear and free access to the work site at all times to enable them to undertake the works. In the event that the Contractor requires access to adjourning/adjacent property/land (not owned by the Customer) in order to undertake the works, it is the Customer’s responsibility to gain permission from land owner to use the property/land throughout the process of delivering works.

7. Use Of Machinery:

The Customer accepts that the use of loud machinery may need to be used for the completion of Works and it is the Customer’s responsibility to inform the Contractor in advance of suitable time for the use of such machinery. These machines may also generate dust and smoke and therefore the Contractor recommends that windows and doors are kept shut whilst such machinery is in use.

8. Completion:

Any time specified by the Contractor for delivery of works is an estimate only. The Contractor will not be liable for any loss or damage incurred by the Client as a result of delayed works however the Contractor will make every reasonable attempt to complete the project within the agreed timeframe. Poor weather conditions (such as heavy rain) may cause delay of completion.

9. Materials:

Materials delivered to site become the responsibility of the Customer. The Contractor accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason. If specific plant/material is not available, the Contractor reserves the right to replace it with another of equal value and quality. The Customer acknowledges that materials supplied by the Contractor may (1) fade or change colour over time (2) expand, contract or distort as a result of exposure to heat, cold, weather (3) mark or stain if exposed to certain substances (4) be damaged or disfigured by impact or scratching. Where the Customer has supplied materials for the Contractor to complete the works, the Customer accepts responsibility for the suitability, purpose and any faults inherent in the materials. The Contractor shall not be responsible for any defects in the materials or any loss of damage to vegetation that arises from the use of materials supplied by the Customer.

10. Maintenance after Completion:

The Contractor is only obligated to perform work specified in the invoice. The proper maintenance of the site shall be the obligation of the Customer following completion of the works by Contractor. The Customer acknowledges that shrubs, plants, natural turf etc supplied by the Contractor are organic in nature and require regular care and maintenance. Whilst the Contractor will take great care to remove all weeds/roots from the site when being prepared, the Contractor cannot accept responsibility for subsequent weed grown on completion of project.

11: Warranties and Exclusions:

The Contractor warrants the shrubs and trees supplied by Contractor for a period of 12 months from date of planting, provided that such warranty shall be void if the Customer fails to take reasonable care of the plants (including but not limited to watering, spraying, cultivating and pruning). The Contractor warrants irrigation works for a period of 6 months from date of installation. The Customer is to direct any issues that may arise 6 months post irrigation install to the irrigation equipment supplies (the Contractor can advise which supplier was used). Contractor shall not be liable for any damage caused by nature (including but not limited to extreme cold or draught, flooding, storms, rain). 

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