1.1 "Client" means any person, company, partnership, trustee, trust, body corporate, successor, assign, or other entity engaging the Contractor and, where more than one person engages the Contractor, those persons are jointly and severally liable.
1.2 "Contractor" means Reliable Scapes Pty Ltd (ABN 38 613 257 800).
1.3 "Works" means all landscaping, retaining walls, fencing, decking, concreting, excavation, drainage, maintenance, construction, supply of materials, design services, and associated services performed by the Contractor.
1.4 "Price" means the agreed contract price, quotation amount, estimate, variation amount, or invoice amount, plus GST where applicable.
1.5 "Practical Completion" means the Works are substantially complete and capable of being used for their intended purpose, notwithstanding minor defects, omissions, touch-ups, adjustments, or incomplete items that do not prevent normal use.
2.1 Engagement of the Contractor constitutes acceptance of these Terms and Conditions.
2.2 These Terms prevail over any inconsistent terms proposed by the Client unless agreed in writing by the Contractor.
2.3 Payment of any deposit, progress payment, invoice, or acceptance of a quotation constitutes full acceptance of these Terms.
2.4 The Client acknowledges these Terms were made available prior to acceptance or payment.
3.1 Payment Schedule
Unless otherwise agreed:
3.2 Deposits & Cost Recovery
The deposit secures scheduling, administration, planning, procurement, labour allocation, and project commencement.
If the Client cancels:
The deposit is credited toward the final project cost once Works commence.
3.2A Site Assessment & Quotation Fees
3.3 Late Payments
Overdue accounts incur:
3.4 Additional Costs
The Client is responsible for all additional costs arising from:
3.5 Variations
3.6 Material Price Increases
The Contractor may adjust pricing where supplier costs, freight costs, fuel costs, taxes, duties, or material prices increase after quotation.
Adjustments shall be limited to actual increases and supporting evidence may be provided upon reasonable request.
3.7 Security of Payment
Nothing in these Terms limits the Contractor's rights under the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
The Contractor may issue payment claims and exercise all statutory rights available under that legislation.
The Client must:
The Contractor may suspend Works where these obligations are not met.
5.1 Timeframes
All commencement dates, completion dates, and project durations are estimates only.
5.2 Delays
Delays may arise due to:
5.3 Extensions of Time
The Contractor is entitled to reasonable extensions of time for delays beyond its control.
5.4 Delay Costs
Client-caused delays may result in charges including:
5.5 Suspension or Abandonment
If the Client suspends, delays, or abandons the project for more than 30 days:
5A.1 Scope of Works
Only items specifically stated in writing are included.
No assumptions, discussions, verbal representations, sketches, or prior conversations form part of the agreement unless confirmed in writing.
5A.2 Exclusions
Unless specifically included, the following are excluded:
5A.3 Hidden Conditions
The following constitute variations:
5A.4 Access
Restricted or difficult site access constitutes a variation.
5A.5 Levels & Boundaries
The Contractor does not guarantee levels, falls, grades, boundaries, or dimensions unless established by a licensed surveyor or engineer.
5A.6 Client Information
The Contractor relies on information supplied by the Client. Any inaccuracies resulting in additional work constitute a variation.
5A.7 Underground Services
The Contractor relies upon information supplied by the Client, authorities, service providers, plans, and locating services. The Contractor is not responsible for damage to underground services that are incorrectly located, undocumented, concealed, inaccurately marked, or undisclosed.
5A.8 Trees & Vegetation
The Contractor is not liable for future movement, cracking, lifting, drainage issues, subsidence, or structural impacts caused by existing or future trees, roots, vegetation, or natural growth.
5A.9 Council & Approvals
Unless specifically included in writing, obtaining development approvals, building approvals, permits, engineering certifications, council approvals, and regulatory consents remains the Client's responsibility.
6.1 Retention of Title
Ownership of all materials supplied remains with the Contractor until all amounts owing are paid in full.
6.2 Recovery of Materials
Where legally permitted, the Contractor may enter the site to recover unpaid materials.
6.3 PPSA
The Client grants the Contractor a security interest under the Personal Property Securities Act 2009 (Cth). The Contractor may register its security interest and the Client must do all things reasonably required to facilitate registration.
The Contractor is not liable for:
To the maximum extent permitted by law:
The Client indemnifies the Contractor against claims, losses, damages, costs, and liabilities arising from:
9.1 Workmanship Warranty
The Contractor provides a 12-month workmanship warranty from Practical Completion. The sole remedy is rectification.
9.2 Exclusions
The warranty excludes:
9.3 Plants
Living plants are affected by weather, pests, disease, watering, soil conditions, maintenance, and other factors beyond the Contractor's control. Unless expressly agreed in writing, no warranty applies to living plants after Practical Completion.
9.4 Turf
Any turf warranty is conditional upon proper watering, fertilising, mowing, and maintenance. Failure to maintain turf voids any warranty.
9.5 Australian Consumer Law
Nothing in these Terms excludes rights that cannot legally be excluded under the Australian Consumer Law.
9.6 Non-Defects
The following are not considered defects and do not give rise to any warranty claim, rectification obligation, refund, compensation, or liability on the part of the Contractor:
9.7 Major Defect
A major defect means structural failure that materially affects safety or intended use.
9.8 Notification
Defect claims must be submitted in writing within the applicable warranty period.
9.9 Rectification Process
The Client must:
Third-party repairs undertaken without written approval void warranty claims.
9.10 Colour Variation, Fading & Natural Weathering
The Client acknowledges that landscaping, construction, horticultural, composite, timber, concrete, masonry, stone, paving, turf, metal, coated, painted, sealed, and manufactured products may naturally change in appearance over time.
Exposure to sunlight, ultraviolet (UV) radiation, weather conditions, moisture, temperature fluctuations, environmental contaminants, maintenance practices, traffic, and normal ageing may result in colour variation, fading, oxidation, weathering, staining, efflorescence, tannin leaching, surface wear, and changes in texture or finish.
Such changes are normal characteristics of many products and do not constitute defects.
The Contractor does not warrant that any material, product, plant, turf, surface, finish, coating, paint system, sealant, timber, composite material, paver, stone, concrete product, masonry product, metal product, or manufactured item will maintain its original colour, shade, finish, texture, or appearance after installation.
Differences between product samples, brochures, supplier images, display products, photographs, replacement materials, natural materials, and installed products are normal and do not constitute defects or grounds for rejection.
Natural weathering, fading, discolouration, oxidation, staining, efflorescence, colour variation, or appearance changes occurring after Practical Completion are excluded from all workmanship warranties and warranty claims.
All quotations, designs, drawings, plans, specifications, methodologies, pricing structures, and project documentation remain the property of the Contractor.
They may not be copied, reproduced, distributed, or used by third parties without written consent.
The Contractor may photograph, video record, or document the Works before, during, and after completion.
The Contractor may use such material for marketing, advertising, portfolio, website, social media, and promotional purposes unless the Client provides written notice otherwise before commencement.
The Contractor may terminate the agreement where:
Upon termination:
The Client must provide written notice of any payment dispute before initiating a chargeback.
If a chargeback is initiated:
Nothing limits rights under the Australian Consumer Law.
Where the Client is a company, trust, partnership, or other entity, each director, trustee, partner, signatory, or authorised representative personally guarantees payment and performance of the Client's obligations.
The parties agree to:
16.1 Governing Law
These Terms are governed by the laws of Queensland.
16.2 Insurance
The Contractor maintains appropriate insurances required for its operations.
16.3 Force Majeure
The Contractor is not liable for delays or failure to perform due to events beyond its reasonable control.
16.4 Variation of Terms
The Contractor may update these Terms from time to time. Updated Terms apply only to future projects unless otherwise agreed.
16.5 Severability
If any provision is unenforceable, the remaining provisions continue in full force and effect.
16.6 Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior discussions, negotiations, and representations.
By accepting a quotation, requesting Works, paying a deposit, making any payment, or otherwise engaging Reliable Scapes Pty Ltd, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.