TERMS AND CONDITIONS – RELIABLE SCAPES PTY LTD

1. DEFINITIONS

1.1 "Client" means any person or entity engaging the Contractor, including joint clients (jointly and severally liable), partnerships, 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 associated services.

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

2. BINDING AGREEMENT

2.1 Engagement constitutes acceptance of these Terms.

2.2 These Terms override all prior agreements unless varied in writing.

2.3 Acceptance by Payment

• Payment of any deposit or invoice constitutes full acceptance of these Terms.
• The Client confirms these Terms were provided prior to payment.

3. PAYMENT TERMS

3.1 Payment Schedule

• 10% deposit (subject to Clause 3.2)
• 50% prior to commencement / mobilisation
• 35% at midpoint
• 5% at completion

3.2 Deposits & Cost Recovery

Deposit secures scheduling and commencement.

Costs incurred include quoting, planning, admin, procurement, and lost opportunities.

If cancelled:

• Contractor may retain deposit to cover reasonable costs
• Remaining balance refunded
• If costs exceed deposit, difference payable

Deposit is credited toward project once works commence.

3.2A Site Assessment & Quotation Fees

• Basic quotes may be free.
• Detailed site visits / planning may incur a fee, credited if job proceeds.
• If not proceeding, fee remains payable.

3.3 Late Payments

• 2.5% monthly interest
• Work may stop after 7 days
• Recovery costs payable

3.4 Additional Costs

Client liable for unforeseen conditions, variations, and delays.

3.5 Variations

• All changes must be approved in writing.
• Variations priced at current rates + minimum 20% margin.
• Urgent works may proceed and be charged as variations.

3.6 Material Price Increases

Price may adjust due to supplier / material increases.

Limited to actual increases and supported if requested.

4. CLIENT OBLIGATIONS

Client must provide accurate information, access, approvals, and maintain a safe site.

5. PROJECT EXECUTION

5.1 Timeframes are estimates.

5.2 Delays may occur due to weather, site conditions, supply issues, or variations.

5.3 Delays & Extensions

Contractor not liable for delays outside its control. Entitled to extension of time.

5.4 Delay Costs

Client-caused delays incur:

• Labour downtime
• Plant standby
• Remobilisation

5A. SCOPE & EXCLUSIONS

5A.1 Scope of Works

Only items listed in writing are included. Assumptions are not binding.

5A.2 Exclusions

Unless stated, the following are excluded:

• Rock excavation / unknown ground
• Contaminated soil
• Drainage outside scope
• Engineering / council approvals
• Surveying
• Service relocation
• Electrical / plumbing
• Irrigation
• Pre-existing damage
• Maintenance
• Access limitations

5A.3 Site Conditions

Hidden conditions treated as variations.

5A.4 Access

Restricted access = variation cost.

5A.5 Levels & Boundaries

No guarantee unless surveyed / engineered.

5A.6 Client Information

Errors in client-provided information = variation.

6. LIMITATION OF LIABILITY

No liability for hidden conditions, natural variation, or third-party impacts.

Liability capped at contract value or cost of rectification.

7. INDEMNITY

Client indemnifies Contractor against site risks and disputes.

8. WARRANTY & DEFECTS

8.1 Warranty

12-month workmanship warranty — rectification only.

8.2 Exclusions

Weather damage, misuse, neglect, and third-party interference.

8.3 ACL Compliance

Statutory rights under the Australian Consumer Law apply.

8.4 Remedies

Remedy limited to repair or re-performance. No refunds unless required by law.

8.5 Non-Defects

The following are not considered defects:

• Settlement and movement
• Colour variation
• Hairline cracks
• Weathering
• Wear and tear

8.6 Major Defect

Only structural failure affecting use or safety qualifies as a major defect.

8.7 Rectification Process

Client must notify Contractor, allow access, and give opportunity to rectify. No third-party repairs without Contractor's approval.

9. TERMINATION

On cancellation, costs are payable and the deposit is applied per Clause 3.2.

10. DISPUTE RESOLUTION

Written notice → rectification opportunity → mediation.

11. GENERAL

Queensland law applies.

Insurance held.

Force majeure applies.

11.4 Variation of Terms

• Terms may be updated at any time.
• New terms apply to future work only.
• Existing jobs use the accepted version.

12. PAYMENT DISPUTES & CHARGEBACKS

Client must notify Contractor before initiating any chargeback.

If a chargeback is initiated:

• The amount becomes immediately due
• All costs are recoverable
• Work may stop

ACL rights are preserved.

13. PERSONAL GUARANTEE

Directors, trustees, and signatories are personally liable for the obligations of the Client entity.