TERMS AND CONDITIONS – RELIABLE SCAPES PTY LTD

1. DEFINITIONS

1.1 "Client" means any person/entity engaging our services, including:

• Joint clients (jointly/severally liable)
• Partnerships (binding all partners)
• Trusts (binding trustees)
• Successors and assigns

1.2 "Contractor" means Reliable Scapes Pty Ltd (ABN 38 613 257 800).

1.3 "Works" includes all landscaping, construction, maintenance, and ancillary services.

1.4 "Price" means the agreed sum plus GST, subject to clause 3.

2. BINDING AGREEMENT

2.1 Engagement constitutes irrevocable acceptance of these Terms.

2.2 These Terms override all prior agreements unless varied in writing signed by both parties.

3. PAYMENT TERMS

3.1 Payment Schedule:

• 10% deposit (non-refundable upon booking)
• 50% on commencement
• 35% at 50% completion (Contractor's reasonable assessment)
• 5% on handover

3.2 Late Payments:

• 2.5% monthly interest (compounding)
• Work suspension after 7 days overdue
• Debt recovery costs payable by Client

3.3 Additional Costs: Client bears costs for:

• Unforeseen site conditions (e.g., rock, contaminated soil)
• Changes to scope (must be signed in writing)
• Delays caused by Client/third parties

4. CLIENT OBLIGATIONS

4.1 The Client must:

• Provide accurate site plans and "Dial Before You Dig" reports
• Obtain all permits/approvals (council, body corporate, etc.)
• Secure neighbor access agreements if required
• Maintain insurance for existing structures

4.2 Client Warranty:

• All information provided is accurate and complete
• Site is safe and legally accessible
• Authority to authorise works is valid and enforceable

4.3 QBCC Compliance:

• Client must not request work outside Contractor's licence class (Landscaping – QBCC Licence No. [INSERT]).
• Unauthorised instructions void all warranties and may terminate contract without penalty.

5. PROJECT EXECUTION

5.1 Timelines are estimates only. Delays may arise from:

• Weather events
• Client-requested changes
• Unforeseen site conditions

5.2 Variations require written approval. Verbal requests not binding.

6. LIMITATIONS OF LIABILITY

6.1 Excluded Liabilities:

• Pre-existing site damage
• Unmarked utilities (Client's responsibility)
• Natural material variations (colour fading, weathering)
• Acts of third parties

6.2 Maximum Liability: Contract price or re-performance cost (whichever is less).

7. INDEMNITIES

7.1 Client indemnifies Contractor against:

• Neighbor disputes (including access claims)
• Utility strike costs (if undisclosed)
• Concealed obstacle damages

8. WARRANTY

8.1 12-month workmanship warranty (exclusions apply):

• Exclusions:
  • Weather damage (drought, floods, etc.)
  • Client modifications/neglect
  • Third-party interference

8.2 QBCC Statutory Warranties:

• Contractor's liability limited to re-performance or refund under QBCC Act.
• Aesthetic concerns (e.g., minor settling) do not constitute defects.

9. TERMINATION

9.1 Cancellation Fees:

• 100% deposit forfeited if after commencement
• 50% deposit forfeited if within 7 days of start

9.2 Custom materials are non-refundable.

10. DISPUTE RESOLUTION

10.1 Written notice required within 7 days of issue.

10.2 Mediation mandatory before legal action (QLD jurisdiction).

10.3 QBCC Claims: Client must allow 14-day rectification period.

11. GENERAL

11.1 Governing Law: Queensland.

11.2 Insurance: $5M public liability held.

11.3 Force Majeure: No liability for delays beyond Contractor's control.