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TERMS AND CONDITIONS
MEL’S GARDEN CARE AND MAINTENANCE
By instructing the company to supply goods & services, the client acknowledges reading & agreeing to be bound by the terms of this agreement
1. INTERPRETATION / DEFINITIONS
1.1 “Company” means Melanie Thomson trading as Mel’s Garden Care and Maintenance (ABN: 48 891 334 350) or any agents, contractors, or employees thereof.
1.2 “Customer” means the other party to the agreement for services.
1.3 “Agreement” means an agreement between the Company and Customer for the provision of garden maintenance services. An Agreement will come into existence on the date the Customer signs or approves the Authorisation in writing or verbally by these Terms and Conditions.
1.4 “Website” means the company website: melsgarden.com.au
1.5 “Price” means the Quotation Price as previously agreed with the Customer. The price can be adjusted by the Company in accordance with these Terms & conditions as necessary.
1.6 “Request for Services” means a request for services submitted by the Customer to the Company which details the scope of works sought.
1.7 “Goods & Services” means the goods and services to be supplied by the Company to the Customer in accordance with the Authorisation.
1.8 “Site” means the location of works to be undertaken.
1.9 “Subject to Change” means the Terms & Conditions are subject to change without notice.
1.10 “Acceptance of Terms” means accepting relevant Terms & Conditions stated herewith.
1.11 “Signing” Signing the Quotation or Invoice is a legal document and your acceptance of Mel’s Garden Care and Maintenance Terms & Conditions.
2.1 The Customer must provide sufficient information when submitting a request for services to enable the Company to provide an accurate Authorisation and Quotation Price. Any deficiency in the Services caused by inadequate or inaccurate information provided in a Request for Goods & Services will be the Customer’s responsibility.
2.2 The Company will not be liable for any loss or damage caused as a result of the Customer’s inadequate or inaccurate information.
3. THE CUSTOMER
3.1 The Customer will ensure that the Company has clear and adequate uninterrupted access to the site at which the Services will be performed, for the duration of the Services. The Company will not be liable for any loss or damage suffered by the client or its property as a result of clear and adequate access not being provided.
3.2 The Customer acknowledges and agrees that any building or construction sites on which the Services are performed will comply with all applicable occupational health and safety laws relating to building and construction sites and any other relevant safety standards or legislation.
3.3 The Company is not responsible for the removal of rubbish or clean-up of the site at which the Services are performed unless agreed upon with the Customer.
3.4 If the Customer is to provide goods or services for which the Services are required, then the Customer must have the site ready and goods available at least 24 hours before the time at which the Company is required to perform the relevant Services.
4. PAYMENTS & SUPPLY OF GOODS AND SERVICES
4.1 The Company’s fees & charges are subject to change without notification to the Customer.
4.2 Goods and services will be supplied to the Customer’s address on the quotation unless otherwise notified to the Company by the Customer.
Deposit - Please note a 10% ** non-refundable **deposit may be required if your job is scheduled more than 4 weeks in advance in order to secure the booking date.
Materials and equipment hire will require payment prior to work commencing
Price is payable in full without any deduction when the goods & services are supplied, unless otherwise agreed in writing with the Company. All goods shall remain the property of the Company until payment is received in full.
The Customer agrees to pay the full invoice amount upon completion of works. Failure to make any payment upon completion of works on site shall be deemed a material breach of the contract.
In the event of non-payment, the Company may at its sole discretion, terminate work under this agreement. In the event of such termination for non-payment, the Company shall be entitled to all of its expenses incurred, including labour, and materials, as well as its overheads, and all profits it would have obtained had this Agreement been fully performed. The Company shall also be entitled to any, and all other remedies allowed by law. The Customer agrees to pay the Company all expenses (including legal costs and mercantile agent fees and commissions) incurred in collecting any outstanding debts due by the Customer to the Company.
No deductions shall be made from any invoice/payment which is received from the Company for any reason/s, including but not limited to liquidated damages, penalties, or back charges assessed by client or third parties.
Payment must be made by one of the Company’s accepted payment methods at the time payment of the price is due. Payment will not be deemed to have occurred until the full price has been cleared and is available for the Company’s use.
Late Fees: A 10% late fee will be charged for payments after (7) seven days from the date of the invoice and an additional 10% will be added every 30 days thereafter that your invoice is outstanding.
The Company’s quotation is based on a visual inspection of site, but the actual extent or nature of the goods and services may not become apparent until work commences. The Company reserves the right to vary the quotation once the supply of goods and services is commenced.
All quoted works are subject to variations as required and are at the discretion of the Company, in order to carry out & complete works to Australian & Safety Standards (including Victorian Building Authority regulations).
Unless previously withdrawn, a quotation issued by the company is open for acceptance for 30 days.
Quotation prices are valid for 30 days from the date on the quote. The Company will complete the work as per the quote and our terms and conditions.
Once a request for services has been accepted by the Company, the Customer cannot cancel it without the express agreement of the Company. Where the Company has ordered materials from a third party, cancellation will only be possible if the Customer agrees to pay the cost of materials incurred by the Company.
The Company may, at any time after acceptance of a request for services, cancel the supply of goods and services or any part of them and the Company will not be liable for any loss or damage suffered by the Customer as the result of such cancellation.
Upon arrival to the job site, a Company representative and the Customer will discuss the Scope of Work, as per your quotation, to ensure all elements are covered. If you, the customer cannot be onsite prior to commencement, the work will be completed based on our teams’ interpretation of the Scope of Work description, and if upon arriving home, you find our team have not completed the works in line with your expectations, and you’d like us to return and alter our work, an additional fee will be charged.
Access: During the consultation your consultant will discuss with you the best way to complete the work. This may include moving of materials on site or access through a neighbour’s property. It is the client’s responsibility to organise these requirements prior to the team’s arrival on site. Failure to do so may result in an increase of the quoted price.
If there is any change, variation in the goods and services, the subject of the request for service / scope of works or any extra work carried out by the Company, these will be charged by the Company at the Company’s standard rates and will be shown as variations in the Company’s tax invoice.
Additional fees & charges shall apply when goods and services are supplied outside of normal business hours, being 7:00 am to 4:00 pm Monday to Friday.
The Customer accepts that invoices will be itemized.
5. REFUND POLICY
5.1 The Company does not have an obligation to provide a refund on our services. If any goods provided are faulty, the Company will comply with all applicable laws.
6. CLIENTS DISCLAIMER
6.1 The Customer hereby disclaims any right to withdraw or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to them by any servant or agent of the Company.
6.2 The Customer acknowledges that he/she buys the goods or services of the Company relying solely upon their own skill and judgment. The Company shall not be bound by, nor responsible for any other terms and conditions, representation, or warranty other than the warranty given by the manufacturer which warranty shall be personal to the Customer and shall not be transferable to any subsequent Customer.
7.1 The Customer will indemnify & keep the Company and its directors, agents and employees indemnified against all actions, losses, liabilities, costs and expenses (including reasonable legal costs or expenses), claim or proceedings of any kind which may arise from services which are buried, unseen, disturbed and or damaged or be brought against or suffered or incurred by any of them, arising directly or indirectly out of or in relation to damage to the premises (real or personal), the work site or any property of the Company left at the Customer’s premises or in respect of injury to any person at the Customer’s premises or as the result of a breach of this agreement by the Customer. The Company will not be liable for any repair work. Any repair work required will be paid at the Customer’s expense.
8.1 The Company may sub-contract any or all of its goods and services under these Terms and Conditions without the Customer’s consent.
You agree that: We may set off any credit amount that we owe to you against any debit due by you to us;
You are not entitled to withhold payment of any money in respect of any set off or claim you might have against us.
10. DISPUTE RESOLUTION / COMPLAINTS
17.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing effectively identifying and providing details of the dispute. If the Customer believes the Company has breached these Terms and Conditions the Customer shall notify the Company of the breach. Notification can be emailed or posted to the Company. The Customer must include contact details for the Company to contact the Client regarding the complaint. The Company’s Privacy Officer will consider Customer’s complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint. Within (30) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference, each party shall be represented by a person having authority to agree to a resolution of the dispute.
18. COMPLIANCE WITH LAWS
18.1 The Customer and the Company shall comply with the provisions of all statutes, regulations & by laws of government, local & other public authorities that may be applicable to the works.
18.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the works (councils or other governing agents) unless specified by the Company.
18.3 The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
18.4 The Company will take out and maintain all insurance it considers appropriate in respect of the supply of goods and services and all other insurances required by law.
19.1 The client agrees for the Company to use photos obtained whilst completing the scope of work for marketing and social media purposes and/or gives future advertising material.
19.2 Neither party shall be liable for any default dues fire, flood, storm or other event beyond the reasonable control of either party.
19.3 The Company does not accept any responsibility for damage to property during works being carrying out.
19.4 The Company shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery, or materials outside the direct control of the Company.
19.5 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages.
19.6 Under no circumstances shall the liability of the Company exceed the price of the Goods and Services.
19.7 If any clause or part of this agreement is illegal, unenforceable, or invalid, that clause or part is to be treated as removed from this agreement, but the rest of the agreement is not affected.
20. GOVERNING LAW
20.1 This contract is governed by the Law of Victoria. You and the Company irrevocably submit to the exclusive jurisdiction of the Victorian Courts and Federal Courts sitting in Victoria.
21. WHOLE AGREEMENT
21.1 This Application and terms and conditions embody the whole agreement between the parties and subject to the express terms contained in any written order or written acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.
By instructing the Company to supply goods & services, the client acknowledges reading and agreeing to be bound by the terms of this Agreement
Mel’s Garden Care and Maintenance reserves the right to review & make changes to these Terms & Conditions at any time.