The Terms and Conditions herein shall be incorporated in all agreements between Reliable Scapes, ABN: 26 617 942 499 (“Reliable Scapes”) and its Customers (the person/s named as “the Customer” in the quotation, Invoice and/or Licence). In the event of any inconsistency between these Terms and Conditions and the further Conditions stated in the Quotation, Invoice or Licence, the further Conditions shall take precedence.
1. All work undertaken will be discussed and agreed prior to the start date and all work will be completed from the original design/Quotation by Reliable Scapes unless otherwise agreed.
2. Agreed upon acceptance of work in progress will be documented by both client and Reliable Scapes by way of signature of approval and completion of each and every sectionalised area of work so designated. Such noted agreement will endorse the proceeding to commencement of the next section.
3. Unrelated criticisms of Progress or validity of design by uninvolved persons including neighbours, relations, unsuccessful Tender etc. Which may tend to influence the client into some uncertainty will not be acceptable and would be considered as slanderous allegations against the integrity of the contractor named Reliable Scapes which will lead to criminal charges and proceedings in the court of Queensland.
4. It should be noted that timber sections or any component that may be subject to distortion through age or weather deterioration will not be a Liability factor in compensation/Warranty.
5. The estimate/original price for work includes all materials and labour specified as part of the original design, supplied by Reliable Scapes, unless arranged prior to commencement date or upon initial first visit.
6. Errors and changes to the original plan by Reliable Scapes are accepted on all quotes which will be discussed with the customer.
7. The customer will be responsible for all payments to Reliable Scapes, unless otherwise notified in writing prior to commencement.
8. Payment methods are cash or internet bank transfer.
9. Reliable Scapes require a non-refundable 10% holding deposit payable immediately after confirmation of quote.
10. The second payment of 45% is required prior to work commencing so materials can be purchased/ordered for the start date of the agreed work.
11. The third payments of 40% will be due halfway through the project unless a prior arrangement has been made with Reliable Scapes.
12. Final 5% payment must be made by the customer when all the work is completed.
13. Reliable Scapes will not accept payment plan/s or accept “Gift/s” or “Item/s of Value” as payment.
14. Reliable Scapes understand and will exercise their statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if they are not paid according to agreed credit terms.
15. Any addition and/or alterations to the schedule/project shall be discussed with the customer and agreed upon in writing.
16. Any service provided by Reliable Scapes to the customer in excess of that specified in the quotation shall be subject to further charge and performed as soon as reasonably practicable.
17. Extra charges will apply if the customer changes their mind after the service is completed and or changes mind on products after they have been delivered.
18. The customer shall provide water and electricity, toilet if needed, at no charge to Reliable Scapes.
19. The customer shall provide access to the site during Reliable Scapes normal working hours and storage space for materials during the contract progress.
20. Reliable Scapes will not take responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to Reliable Scapes in writing or apparent on visual inspection. This must be advised or visually brought to any staff or contractor on site/s attention on the first visit or duration of the visit.
21. Reliable Scapes will not take responsibility for any damage to or cost involved with any third deliveries companies to the customers propeety. Skip bin, Landscape company, Hardware companies or the like. If this occurs the client must go directly to the delivery company for compensation.
22. Quality of all materials used will be with particular job considerations, all of which carry the manufacturers guarantee. Such materials, fittings,units ,components etc. may be suggested by the contractor in accordance with specifications for the works in consultation with the client.
23. All, or any special conditions, of which Reliable Scapes has been informed are noted in the quotation.
24. Reliable Scapes are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion unless a maintenance contract is in existence. Maintenance is not included in the contract unless specified.
25. If necessary, Reliable Scapes reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.
26. After practical substantial completion, Reliable Scapes are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any products or material(s) including plants.
27. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the customer and will require regular attention until established. Great care is taken to remove all weeds/roots from the site when being prepared, but Reliable Scapes cannot accept responsibility for subsequent weed growth on completion of the project.
28. It is very important and the sole responsibility of the customer to ensure Reliable Scapes are made aware of any special/statutory bylaws/conditions/permissions that may be involved.
29. Reliable Scapes accept no responsibility for works that have been carried out on land that is not under the ownership of the customer. It will be assumed that the client has made arrangements to fix any damages with neighbours if any damages are made by Reliable Scapes. It is assumed that all planning laws or regulations have been applied before the commencement of any works.
30. Severe weather conditions, including drought, storms, lightning, acts of God, flooding, earthquake may cause the delay of visits but this will not affect the original, agreed price.
31. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
32. All materials, hard and soft landscapes on site including plant/s remain the property of Reliable Scapes until payment is received in full and Reliable Scapes reserve the right to remove said property if the unpaid debt remains after 14 days.
33. Reliable Scapes does not accept liability for efflorescence, colour or size variation in the products and materials which will be purchased or delivered as part of the work completed. Reliable Scapes provides no warranty and accepts no liability whatsoever in respect of the condition or quality of the products and materials that are purchased and delivered to site from the supplier.
34. The customer indemnifies Reliable Scapes for any and all future liabilities, losses, damages, costs or expenses which may be suffered, incurred or associated as a result of anything that may occur beyond the purchase of products and materials that are purchased and delivered as part of the project.
35. Reliable Scapes will not be responsible or liable for any structural considerations, the appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed to in writing by the Reliable Scapes prior to the start of the project.
36. The client understands that Reliable Scapes may need to engage subcontractors to perform works needed to complete necessary tasks/jobs on site.
37. The client understands and acknowledges that Reliable Scapes may have trainees on site, jobs performed by the trainee if needed to be resolved will be done on the day or on the completion of the project.
38. Cancellation of work not received within 14 working days of the agreed start of work date, will be subject to a charge of 15% of the quoted price.
39. Reliable Scapes provides a standard one-year workmanship warranty on all works completed by Reliable Scapes.
40. The client agrees at the end of each day to sign a daily ‘progress report card’ via an app, from Reliable Scapes team members/subcontractors phone.
41.Recovery of Legal Fees and Costs. The client agrees if any balance of monies from the project is outstanding Reliable Scapes shall be entitled to recover the full costs of the full invoice outstanding, a 20% late fee will apply of the invoice total, including solicitor, debt collection fees, as permissible under the law.
42.These terms and conditions and contract data represents the entire agreement between the parties in relation to the service provided and supersedes all previous written or oral communication.