Terms and Conditions

1. Perfect landscape & fence Terms and Conditions

The following Terms and Conditions shall apply to and are incorporated in any Quotation/Contract and shall be deemed to apply unless expressly modified or excluded in writing by Perfect landscape & fence (hereby known as The Contractor). These Terms and Conditions have been written to produce a transparent transaction, bound by a contract, to protect both parties.

2. DEFINITIONS

2.1. The definitions and rules of interpretation in this clause shall apply in these Terms and Conditions

2.2. Start Date is the date that The Contractor shall start The Client’s work. The start date will be agreed between The Contractor and The Client

2.3. The Contractor means Perfect landscape & fence and their employees.

2.4. The Client means the person/s, firm/s or company/ies who enters into a Contract with The Contractor for the provision of hard/soft landscaping / related works.

2.5. Intellectual Property means the plans, drawings and quotations submitted by The Contractor (whether before or after the making of the contract)

2.6. Site means the location where the works are to be performed by The Contractor

2.7. The Premises are the land or land and buildings where the Services are to be carried out and/or the Goods are to be delivered.

2.8. The Price is the amount invoiced for Goods supplied and/or Services provided.

2.9. Quotation means the documents including detailed plans and/or drawings describing the Works provided by The Contractor

2.10. Invoices include invoices for Goods supplied and/or for Services provided.

2.11. Works means the work to be carried out by The Contractor under The Contract as set out in the Quotation together with any other services which The Contractor agrees to provide to The Client

2.12. Paragraph headings shall not affect the interpretation of these conditions.

2.13. A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns.

2.14. Words in the singular shall include the plural and vice versa.

3. GENERAL

3.1. These Terms and Conditions together with the Supplier’s written or verbal quotation form this Agreement and should be read in conjunction with the Supplier’s Credit Application Form.

3.2. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions and may not be varied unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these Terms and Conditions will prevail.

3.3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.

3.4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.

3.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.

3.6. Where more than one Customer completes this Agreement, each shall be liable jointly and severally.

3.7. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.

3.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent, but the Supplier acknowledges that it remains at all times liable to the Customer.

3.9. The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect each party’s right to subsequently enforce that provision.

3.10. The Customer acknowledges that the Supplier may detail these Terms and Conditions on its website, www.perfectlandscapeandfence.com.au. The Customer acknowledges that the Supplier’s Terms and Conditions may change from time to time, and it is the Customer’s responsibility to check the website prior to ordering Goods and/or Services. In this event, the Terms and Conditions on the Supplier’s website at the time the order is placed shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.

3.11. The Customer covenants that he is either the owner of the Premises or is acting with the authority of the Owner.

3.12. Major failure is as defined under the Competition and Consumer Act 2010.

3.13. Security Interest as defined in Section 12 of the Personal Property Securities Act 2009 (Cth) (“PPSA”).

3.14. “Security Agreement”, “Commingled Goods”, “Collateral”, “Financing Statement”, “Financing Change Statement” is defined under Section 10 of the PPSA.

3.15. GST refers to Goods and Services Tax under the Goods and Services Act 1999 (“GST Act”) and the terms used herein have meanings contained within the GST Act.

4. QUOTATION

4.1. The Quotation/Contract price is valid for 30 days from the date shown on the quotation. After 30 days the quotation will lapse. If you wish to proceed with your quotation, you must let us know before the 30-day period expires.

4.2. The Client will pay any costs related to extra works, or costs due to unknown difficulties or changes, which were not explained at the time of viewing and that have therefore not been noted or quoted for within The Quotation/Contract.

4.3. The quotation is based on conditions known and divulged by The Client at the time of The Contractor viewing the proposed work.

4.4. The Contractor reserves the right to increase The Quotation price with prior notification to the client. This will only relate to factors outside of The Contractor’s control leading to a price increase. Examples are – Raw materials increase, fuel price increase and minimum wage rate increases.

4.5. The Contractor accepts no responsibility for works that have been carried out on land that is not under the ownership of The Client. It is assumed that all planning laws or regulations have been applied before the commencement of any works.

4.6. Any special conditions, of which The Contractor has been informed will be noted in The Quotation/ Contract i.e., access issues or problem neighbours.

4.7. It is the responsibility of The Client to ensure The Contractor is made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.

4.8. Hard/soft landscaping/garden maintenance Quotations are not open to negotiation.

4.9. Only landscaping work detailed in the signed Quotation/Contract will be carried out by The Contractor.

4.10. The Quotation/Contract is a detailed, accurate description of discussions plans and work that have been agreed by The Client and The Contractor.

4.11. All work will be carried out by The Contractor.

5. EXTRA WORK

If during the progress of development of the plans or during construction the Owner finds it desirable or necessary to cause the Landscape Architect to perform additional services other than those defined in the payment for such additional work shall be as negotiated in advance of service performance.

6. VARIATIONS

6.1. The Client may request modifications or amendments to the Landscaping Works (including the Drawings and Specifications) at any reasonable time during the term of this Agreement, and the Contractor shall use all reasonable endeavours to comply with all such requests. Following the Client’s request, the parties shall immediately negotiate in good faith to determine whether any such modifications or amendments are practicable and (where applicable) negotiate to agree upon an amended Contract Sum and consequential adjustment to the completion date of the Landscaping Works, if applicable.

6.2. Where any modifications or amendments to the Landscaping Works are agreed between the parties in accordance, they shall be recorded in writing and signed by both parties, whereupon they shall be deemed to be incorporated into this Agreement. No modifications or amendments shall be binding unless and until they are so written and signed.

6.3. Where the parties do not reach agreement in accordance, this Agreement shall remain unchanged and shall continue to be binding on both parties.

7. SCOPE OF WORK

The Contractor shall carry out and complete the hard/soft landscaping work/maintenance work described in The Quotation/Contract document in a professional manner. The Contractor shall have no obligation to execute any further work unless agreed in writing between the parties of The Contract.

8. LANDSCAPING WORK

8.1. The landscaping work or service is as described to The Client in the form of a formal typed Quotation/Contract. If The Client accepts The Quotation price The Client will be asked to sign and return a copy of their Quotation which then forms a legally binding Contract between The Client and The Contractor. The Contract will always include measurements and descriptions of all the work which has been agreed by The Contractor and The Client.

8.2. Landscaping work or provision of materials will not take place until The Client signs and returns a Perfect landscape and fence Quotation/Contract. This will then act as a legally binding document between The Client and The Contractor.

8.3. The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.

9. FENCING WORK

9.1. The Fencing work or service is as described to The Client in the form of a formal typed Quotation/Contract. If The Client accepts The Quotation price The Client will be asked to sign and return a copy of their Quotation which then forms a legally binding Contract between The Client and The Contractor. The Contract will always include measurements and descriptions of all the work which has been agreed by The Contractor and The Client.

9.2. Both parties need to agree to find the exact boundary for the fence.

9.3. If in-case need for surveyor, then additional charge will be apply.

9.4. Fencing work or provision of materials will not take place until The Client signs and returns a Perfect landscape and fence Quotation/Contract. This will then act as a legally binding document between The Client and The Contractor.

9.5. The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.

10. DRIVEWAY / CONCRETE WORK

10.1. The Concrete or Driveway work or service is as described to The Client in the form of a formal typed Quotation/Contract. If The Client accepts The Quotation price The Client will be asked to sign and return a copy of their Quotation which then forms a legally binding Contract between The Client and The Contractor. The Contract will always include measurements and descriptions of all the work which has been agreed by The Contractor and The Client.

10.2. Concrete or Driveway work or provision of materials will not take place until The Client signs and returns a Perfect landscape and fence Quotation/Contract. This will then act as a legally binding document between The Client and The Contractor.

10.3. The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.

11. DECKING WORK

11.1. The Decking work or service is as described to The Client in the form of a formal typed Quotation/Contract. If The Client accepts The Quotation price The Client will be asked to sign and return a copy of their Quotation which then forms a legally binding Contract between The Client and The Contractor. The Contract will always include measurements and descriptions of all the work which has been agreed by The Contractor and The Client.

11.2. Decking work or provision of materials will not take place until The Client signs and returns a Perfect landscape and fence Quotation/Contract. This will then act as a legally binding document between The Client and The Contractor.

11.3. The Client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements.

12. THE SITE

12.1. The Client warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes, and cables, sewage or land drains, foundations or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site or made known in writing to The Contractor prior to the submission date of the quotation. The Contractor shall be entitled to make a reasonable charge for all additional work necessary resulting from the discovery of such hazards.

12.2. Timely possession of the site and proper and adequate access to it must be made available by The Client to The Contractor to enable the work to be carried out in a regular and economic manner.

12.3. The Client will provide access to water, electricity, and toilet facilities wherever possible for use by The Contractor whilst carrying out the agreed work. The provisions of these services and facilities shall be at the sole cost of The Client

12.4. The Client shall be responsible for ensuring the safety of their children, family members, pets, animals, and visitors at all times whilst work is being carried out on their premises.

12.5. The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use of machinery.

12.6. The Client will remove and dispose of any pet waste before any work begins.

12.7. The Client will move any garden furniture/children’s play equipment/ garden plant pots prior to work commencing.

13. MATERIALS

13.1. Materials delivered to the site become the responsibility of The Client and The Contractor accepts no loss, damage or expense after delivery of the materials to the work site for any reason.

13.2. All materials brought to the site which prove to be in excess to The Contractor’s requirements shall remain the property of and shall be removable by The Contractor who shall have the right to enter the site for that purpose.

13.3. The Contractor shall not be liable for any loss or theft of materials from the site. Any additional materials required following damage, loss, or theft shall be at The Client’s expense.

14. SUPPLY OF PRODUCTS

14.1. All products including living products are sold on the understanding of the following:

14.2. No warranty is given or implied by law as to the quality or suitability of products supplied by the company, except as stated in writing by the company.

14.3. The Client fully understands that plants are a living material and therefore an ever-changing product this includes hanging baskets and fresh door wreaths.

14.4. The Client fully understands that plants are a perishable product and will deteriorate in quality if not provided with the appropriate aftercare.

14.5. The Client will provide adequate levels of water and feed from the point of delivery to maintain the quality of the plant(s) hanging baskets/ fresh door wreaths and promote healthy growth and establishment.

14.6. The Contractor cannot be held responsible for any issues caused by neglect including infestations/lack of water/over watering/Gastropods eating plants/termites.

15. EXTENSION OF TIME:

15.1. Customer acknowledges the site is a workplace and provides builder with unrestricted access & possession.

15.2. The Builder has authority and the right to restrict access to any part of the work site.

15.3. This authority extends to prevent access to the Customer or any of its contractors for anything other than its duties relating to temporary fence erection and those found.

15.4. Customer authorizes all works to be carried out by Builder noting unrestricted access for the full term of the contract without the need for Builder to request permission to access the site ahead of time.

15.5. The work site shall be fenced with temporary fencing under the codes of site safety marking the construction zone to which the Builder has unrestricted access.

15.6. Stock delays, delays beyond the Builders control, wet or inclement weather is an automatic variation of time extending the date for practical completion.

15.7. Seasonal holidays and supplier closure dates will stop the clock two weeks before and two weeks after the actual holiday dates; in addition to wet weather clause.

16. WASTE MANAGEMENT REMOVAL

AUTHORISATION TO BOOK WASTE MANAGEMENT: Yes No N / A

WASTE MANAGEMENT CONTRACTOR REQUEST:

16.1. Customer request for contractor to remove Excavated Material* from Pool Site to closest waste management plant.

*Non contaminated soil or clay but excluding rock, shale, acid sulphate affected or foreign matter.

16.2. Customer to have payment PRIOR TO LOADING based on supervisor estimate.

16.3. Long Haul float $300 plus $350 per hour, plus tolls and levy fees. Minimum 3-hour turnaround.

16.4. Size of waste truck subject to street access, stockpile room and time span of pool excavation.

16.5. Cost averages for large long haul cartage $1400 per truck and trailer

16.6. Small long haul cartage $750 per bogie load

16.7. Vegetation such as Builder’s rubble, bricks, concrete, tree roots, grass, must be sorted separately or sorted at the disposal plant.

16.8. Tip fees payable by Customer.

16.9. In the event of stock piling or direction of relevant authority bodies; silt barriers or any other erosion or pollution control measure payable by Customer.

16.10. Traffic control not included if needed.

16.11. Any allowance in Building Contract subject to type of soil (clean virgin soil, rock, contaminated soil),

truck and trailer accessibility.

17. PAYMENT

17.1. All accounts/invoices/bills are payable upon the day of completion. Interest will be charged from the due date of payment on all invoices at 5% above The Contractor’s Banker’s Base Lending Rate per annum until actual payment is received/clears.

17.2. Driveway/Fence/Deck Contracts should also always be paid in full on the day of completion or the same terms will apply.

17.3. Payments should be made to Perfect landscape & Fence either by Bank Transfer or with Cash. You will always receive a receipt via e-mail for any payments made with cash.

17.4. The Contractor does not accept Cheques or Credit Card Payments.

17.5. Final O.C. is Customer responsibility and does not delay final payment.

17.6. A deposit of up to 50% will be requested if the materials chosen for your landscaping project exceed 50% of the entire job.

17.7. Any deposits or advance payments needed for third-party workers/sub-contractors i.e. Electricians, bricklayers, plumbers etc. will be requested in advance for those service providers.

PAYMENT 1: 20% deposit will be required to secure and guarantee a work date in our diary. We will not hold work dates without a deposit.

PAYMENT 2: A further 20% payment is to be paid one week prior to your landscaping project commencing, either same day of the materials delivery.

PAYMENT 3: A further 40% is payable 75% of completion of your landscaping project and no later.

PAYMENT 4: The remaining 20% balance is payable upon the day of completion of your landscaping project and no more later than 7 days.

18. CANCELLATION OF CONTRACTS

18.1. The Client must give 30 days notice prior to the work ‘start date’ if they wish to cancel the proposed landscaping project. These 30 days include Saturdays and Sundays.

18.2. Any unrecoverable costs incurred in respect of commitments made for materials during that period will be charged in full to The Client.

18.3. For cancellations that do not give The Contractor 30 days notice prior to your start date 6% of all agreed fee rates will be charged. In addition, any materials that have been purchased on behalf of The Client, or any other unrecoverable costs in respect of commitments made during that period e.g. Machine hire contracts will be charged to The Client. The Contractor will also retain any deposits paid to cover their losses.

18.4. Notice of cancellation must be made as soon as possible by The Client, initially by telephone, and then supported by written confirmation sent by via e-mail to Shane Rajah, shane@perfectlandscapeandfence.com.au.

19. GENERIC EXCLUTION

19.1. Survey of the property to confirm property boundaries, existing structures, house and pool location.

19.2. Relocation, reinstatement or alteration of service lines such as power, water, gas, stormwater, sewerage or fencing

19.3. dismantled to gain access.

19.4. Excavation of rock, shale or other obstructions not apparent at time of contract. Minimum charge $1800 due to equipment used.

19.5. Re-excavation due to collapsed works & restoration.

19.6. Overburden levelling, spreading or removal of excavated material.

19.7. Any work necessary to stabilise the site conditions encountered in excavating and/or necessary to allow

19.8. construction to proceed or recommence. This includes or covers events and consequences such as

19.9. excavation collapsing due to unstable soil and/or the consequences of weather conditions such as rain

19.10. and storms, and the use of pumps/spear pumps for dewatering if required.

19.11. Cutting of existing pavers or concrete, or core drilling.

19.12. Additional pipe work beyond 12m from point of origin.

19.13. Backwash waste pipe in excess of 6m from filter & provision for for suitable sewer server gully.

19.14. Electrical supply for or connection to pumps, lighting, heating or other equipment. This also includes the

19.15. installation and supply of suitable conduits from the pool shell to domestic power supply/connection point.

19.16. Local Government fees, deposits, securities or advertising fees, Insurance Water Board fees, Long Service Levy or other fees imposed by a person or body relevant to the work.

19.17. Tip and cartage fees for spoil.

19.18. Protection to driveway, grass or access point.

19.19. Silt barriers and/or any other erosion or pollution control measures required by site conditions and/

19.20. or directions of relevant authority.

19.21. Construction bin, concrete wash bin & slurry bin.

19.22. Traffic control.

19.23. Tree protection measures, stump grinding and tree removal.

19.24. Generators hire for unpowered site.

19.25. Void protection cover.

19.26. Overflow plumbing, hydraulic engineering & drainage.

19.27. Coping tile cuts due to pattern, placement & size.

19.28. Watering of concrete shell for first 5 days after pour.