Terms and Conditions

FOR LANDSCAPE AND EARTHWORKS SERVICES

The terms and conditions (“Terms”) as follows are incorporated in all agreements between Tory Lee Chapple trading as Chapple Landscaping (“us/ we/ our”) and you, our customer, the person named in the Quotation, invoice and/or users of our website (“you/your”). In the event of any inconsistency between these Terms and any terms and conditions in the Quotation or invoice, these terms and conditions will take precedence.

We may modify and update these Terms at any time. In using our website and Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms, you cannot use our website or any of our Services.

DEFINITIONS

·         “Commencement Date” means the starting date of the Services as further defined in the Quotation or advised to you.

·         “Deposit” means a non-refundable deposit amount as specified in the Quotation.

·         “Earthworks” includes rock pitching, grading, profiling, septic work, retaining walls, concreting, paving and other project works from time to time.

·         “Practical Completion” means the date that we advise you that the Services are complete.

·         “Products” means the landscaping and Earthworks supplies and or goods to be provided with the Services.

·         “Property” means your address, or the address where the landscaping is located as further specified in the Quotation.

·         “Quotation” means the quotation provided to you regarding the supply of our Services.

·         “Services” means the landscaping and earthworks set out in our Quotation provided to you.

·         “Website” means www.chapplelandscaping.com.au

·         “You and Your” refers to you, the customer, the client, visitor, website user or person visiting our website.

QUOTATION ACCEPTANCE AND NON-REFUNDABLE DEPOSIT AND LATE PAYMENTS

The Quotation is an offer to you to request us to provide the Services at the price and subject to these Terms. We are only bound to provide the Services upon receipt by us of your Deposit amount in full. Quotations are valid for a period of 30 business days from their issue date, and if not accepted within that time will be deemed to have been withdrawn unless specifically agreed by us in writing.

The Deposit must be received in full and is non-refundable for change of mind or cancellation of Services as we commence ordering your Products and working on your Services once the Deposit is received. The deposit is required to enable us to cover ordering of Products, materials and for costs incurred in any designing and planning of your project.

You agree to make prompt payment of our fees on the due date specified in the invoice. Any late, overdue or unpaid invoice amounts will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.

OUR OBLIGATIONS

We will complete the Services described in the Quotation.

The Services will be performed by us or any employee, contractors, agents or representatives that we may employ or engage from time to time.

Any specific terms and requirements relating to the Services required by you must be agreed in writing and notified to us in advance. No other party is entitled to give us instructions including, but not limited to, instructions relating to the scope of the Services unless we receive written instructions from you.

We will provide the Services using reasonable care and skill and in accordance with your specific instructions, or, in the absence of instructions, using methods we may consider appropriate taking into consideration the relevant operational, financial or technical requirements.

We will use our best endeavors in providing the Services to:

(a) comply with all relevant statutes and regulations and any applicable industry standards and guidelines;

(b) comply with your reasonable directions;

(c) not to breach any third-party rights; and

(d) to ensure the work performed to provide the Services is done in a professional manner and to a standard acceptable to you.

YOUR OBLIGATIONS AND WARRANTIES

You acknowledge and agree that:

(a) you will supply an outline for the Services and any Products that we may require to complete the Services. All Services will be completed based on and in accordance with these instructions;

(b) you will provide all relevant information required for us to carry out the Services in a timely manner;

(c) you have ownership rights to the Property, and/or the right to grant us access to the Property and other areas outside the Property where access is required;

(d) you will ensure we or any representatives have all necessary accesses to the Property during normal working hours and will take all steps necessary to ensure the Property and the area where the Services are to be performed are in a safe and secure environment (including, by way of example, ensuring your pets are under control);

(e) you will provide water and electricity at the Property to us at no cost;

(f) you have obtained any required Council approvals before the Commencement Date of the Services unless expressly agreed in writing by us that we will obtain it for you for at which additional costs will be charged;

(g) you warrant, to the best of your knowledge, that the Property is free from any underground problems including pipes, cables, stumps, sewerage drains and waste materials and if there are such problems you have notified them to us in writing;

(h) you warrant there are appropriate, adequate and up-to-date current insurance policies to cover the Property, attendance by both us and any representatives of ours or third parties who may be necessary to perform the Services;

(i) you will make available all reasonable facilities as may be requested by us for the storage and safe keeping of our equipment at the Property; and

(j) you will use your reasonable endeavors to provide a suitable parking facility for use by us which is immediately close to the Property.

In the event of a breach of the above warranties, you agree to indemnify us and agree we have the right to recover any reasonable costs incurred in relation to the warranty breach.

VARIATIONS

Any variations to the original Quotation will incur additional costs. Variations may include, by way of example, changes to the scope, size or timing of the Services. In the event that we discover underground problems, such as pipes, rock beds or similar, that you have not notified to us prior to our issued Quotation or any existing issues that we discover that may be a problem such as toxic leaks, springs, buried debris or similar, we are entitled to charge you for any additional work necessary for us to complete the Services.

In the event that the Property is not available during normal hours, you do not provide water, electricity or storage or parking facilities, or you have not obtained Council approval, we are also entitled to charge additional costs.

Any variations you request because of change of mind or a change in the Services may be accepted or rejected at our discretion. Each variation including the additional costs must be agreed in writing by you prior to us proceeding.

DELAYS AND FORCE MAJEURE

Any time periods for the Services and delivery dates we provide you are estimates only. Any delays due to poor weather or other circumstance beyond our control will not invalidate our agreement with you. Time is not of the essence under these Terms.

If circumstances arise beyond our control that may prevent quoted project work as outlined in the Quotation from being performed as quoted, we will make all reasonable efforts to minimise the impact on the design and quoted project work. You acknowledge that this is possible and accept any
action we may take to minimise the potential change in design. Any plants that are killed by neglect, natural disasters, animals or other reasons beyond our control will not be replaced.

Whilst we will use our best endeavors to complete the Services in agreed time frames we will not be liable for delay in performing any of our obligations.

ONGOING MAINTENANCE

We will notify you of Practical Completion after which you will be responsible for maintenance. You will then be responsible for the care of lawn, and watering and weeding plants. After Practical Completion we are not responsible for damage to any plants or landscaping through the elements, that we have no control over; including drought, winds, rain and frost.

DEFECTS

You must notify us of any defects in the Services attributable to us within the period of ninety (90) days from the Practical Completion date. We will use our reasonable endeavors to correct the defect. No claims may be brought after the expiry of ninety (90) days from the date of Practical Completion. We accept no liability for any defect which is attributable to you not complying with your obligations under these Terms, including by way of example, any incorrect information you supply to us.

NO REFUNDS OR WARRANTIES

We do not offer any refunds for cancellations or if you change your mind. You acknowledge and agree that after we have received an accepted Quotation signed by or on behalf of you, we will have ordered Products, and incurred time in designing and arranging the Services and cannot therefore provide a refund. Any deposit will be forfeited to cover our costs.

We will also comply with all Australian Consumer Law (ACL) requirements, including but not limited to, the re-supply or refund of any Products or Services supplied or provided which do not meet ACL requirements. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you, with rights, warranties, guarantees and remedies relating to the provision of Services and Products by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all Services and Products provided to you, are without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

The Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, and will be supplied within a reasonable time for matters within our control. To the extent we are unable to exclude liability; our total liability for loss or damage you which you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, refunding to you, the amount you have paid for the Services to which your claim relates.

If the Products are faulty, if they have been wrongly described, or are different from a sample we show to you, or do not do what they are supposed to do, then you may elect to exchange the Products, receive a refund or credit. If the Products are not of acceptable quality, do not meet extra promises like performance and condition, or you need spare parts and repairs you need to contact the manufacturer directly.

LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:

(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;

(b) our Services being unavailable;

(c) loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your reliance on the Services, and/or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

This clause survives the expiry or termination of this Agreement.

TERMINATION

If you want to cancel the Services, please see the section No Refunds or Warranties. Otherwise, in the event of a breach of these Terms, by either party, and the breach is rectifiable and is not rectified within thirty (30) days after written notification to the other party, the first party may terminate the contract forthwith.

DISPUTES

If a dispute arises, both parties agree that confidentiality is paramount to the reputation of you and us. At no time will any communications or discussions be made public, including but not limited to any social media websites of either party.

In the event of any dispute on the work, quality or ownership, both parties agree to put in writing their concerns, and to meet to discuss a potential resolution, and use their best endeavors to do so. In the event that a resolution still cannot be reached, the parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a decision on the dispute and each of party agrees to pay their own costs.

ASSIGNMENT

We may sub-contract or assign this Agreement or part thereof. We may also engage individuals on a subcontract or consultancy basis to assist with provision of the Services, and need not seek your consent.

PRIVACY

We are committed to complying with the Australian Privacy Principles (APPs) described in the Privacy Act 1988 (Cth). Any personal information received by us during the course providing the Services will be stored, managed and secured in accordance with the APPs and our Privacy Policy.

USE OF WEBSITE

To be eligible to use our website, you agree to the following:

You warrant that:

• You are 18 years of age or older and able to form a legally binding contract; and
• You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities.

You acknowledge and agree:

• we are a facilitator acting only for the purposes of permitting you to access our website in order to facilitate the Services;
• we may email you to complete your order, and you consent to receiving these communications.

We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

We may from time to time provide on our website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites.

We take no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

WEBSITE DISCLAIMER

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the website including but not limited to any advice, or information provided to you will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavor to have and provide the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the Services, links or information or reliance on the advice or information in particular regarding the correctness, suitability, accuracy, reliability, or otherwise. We believe at all times our advice and information are provided in good faith.

INTELLECTUAL PROPERTY

We may take photographs of our work, images taken at various points during our Services, of your Property, materials, Products or other (together ‘Content’). We may, from time to time, use this Content, provided it does not identify your personal property, show your street address or otherwise compromise your personal privacy, for our own promotional purposes, including in any advertisement, social media or other means to promote our services. In the event you do not wish us to do so, please notify us in writing in advance so that we have record of your preference.

All custom graphics, icons, logos and service names on our website are registered trademarks, copyright, trade or service marks of ours. Any redistribution or reproduction of part or all of the contents of our website, including, but not limited to our newsletters in any form is prohibited.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website and our newsletters. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

JURISDICTION

These Terms are subject to the laws of Victoria. If there is a dispute between us that results in litigation then you agree and must submit to the jurisdiction of the courts of Victoria.