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Terms of Service

  1. Definitions
    1. “Contractor” means New Season Landscapes, its successors and assigns or any person acting on behalf of and with the authority of New Season Landscapes.
    2. “Client” means the person/s ordering the Works as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
    3. When Works are booked on-behalf, the “Client” is then considered to be the company or organisation ordering the works. This includes but is not limited to:
      • Property Managers;
      • NDIS Providers;
      • Builders;
      • Strata Managers;
      • Real Estate
    4. “Works” means all Works (including consultation, manufacturing and/or installation services) or Materials supplied by the Contractor to the Client at the Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).
    5. “Price” means the Price payable (plus any GST where applicable) for the Works as agreed between the Contractor and the Client in accordance with clause 5 below.
    6. “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” Cth.
  2. Acceptance
    1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Works.
    2. These terms and conditions may only be amended with the consent of both parties in writing.
    3. Where the Client is a tenant (and therefore not the owner of the land and premises where the Materials are to be installed) then the Client warrants that full consent has been obtained from the owner for the Contractor to install the Materials on the owner’s land and premises. The Client acknowledges and agrees that they shall be personally liable for full payment of the Price for all works provided under this agreement and to indemnify the Contractor against any claim made by the owner of the premises (howsoever arising) in relation to the installation of the Materials and the provision of any related Works by the Contractor except where such claim has arisen because of the negligence of the Contractor when installing the Materials.
    4. The Client agrees that they shall upon request from the Contractor provide evidence that:
      • they are the owner of the land and premises upon which the Works are be undertaken;
      • where they are a tenant; or
      • where they are a services provider (real estate, NDIS, agent, etc); that they have the consent of the owner for the Materials to be installed on the land and premises upon which the works are to be undertaken.
    5. The Client acknowledges and agrees that in the event the Contractor require access, in order to undertake the Works, to an adjoining or adjacent property or land to the nominated job site, that is not owned by the Client, then it is the Client’s responsibility to gain permission from the landowner to use the above-mentioned property throughout the process or delivering the Works. In the event the landowner denies access or use of the land or property, the Client shall be liable for all costs incurred by the Contractor in gaining permission to access and/or use the property through any legal process that may be deemed necessary.
  3. Change in Control
    • The Client shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s failure to comply with this clause.
  4. Price and Payment
    1. At the Contractor’s sole discretion, the Price shall be either:
      1. as indicated on invoices provided by the Contractor to the Client in respect of Works performed or Materials supplied; or
      2. As per the Contractor’s schedule of rates:
        • call out fee,
        • labour on-site – charged in hours or part-thereof
        • any materials used to complete the Works
        • the Contractor’s quoted Price (subject to clause 4.b) which shall be binding upon the Contractor, provided that the Client shall accept the Contractor’s quotation in writing within thirty (30) days or by payment of a deposit. Unless otherwise stated, quotations shall not have an allowance for:
        • unforeseen scenarios such as, without limitation, concrete sub-based, drainage systems or any other additional Works (including those listed on clause 5.2 (c) (below); or
        • additional excavation and disposal costs.
    2. The Contractor reserves the right to change the Price:
      • if a variation to the Materials which are to be supplied is requested; or
      • if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
      • where additional Works are required due to the discovery of unknown (to the contractor), hidden or unidentifiable difficulties which are
        beyond the Contractor’s subjective ability to accurately assess (including, but not limited to, poor weather conditions, limitations to accessing the site, subsurface soil conditions (such as hard rock barriers such as limestone below the surface, tree stumps or iron reinforcing rods in concrete), obscured site defects, hidden live or redundant services, additional site works requiring shoring, piling, piering, propping, under-pinning, remobilising or work site, soil stabilisation (if not expressly included in the contract), additional engineering required to acquire building license and/or imposed by site conditions or council requirements, etc.), any environment or contamination issues (for example, without limitation, asbestos, contaminated soil or sub surface water, chemical treatment or remediation, remobilisation of the work site, removal of excess soils or rubble etc) which are only discovered on commencement of the Works; or
      • in the event of increases to the Contractor in the cost of labour or materials which are beyond the Contractor’s control.