Terms & Conditions

Garden Army Perth
Trading Terms and Conditions

Garden Army Perth hereinafter will be referred to as GAP (GAP’s). The client means the person, firm, or company to be supplied with the services and or goods by GAP. The client’s premises mean the premises, land, or property on which GAP is invited to work.

Please read these terms and conditions carefully. They set out our and your legal rights and obligations in relation to our services.
By accepting GAP’s quotes, or paying of deposits required and the works starting, the client has deemed to accept all of the terms and conditions listed below.

Gardening

1. Scope of work
   • The work as detailed shall be carried out to the standard a reasonable person can expect.
   • The client is to indicate the line of the boundaries, underground cables and pipes before work commences and GAP accepts no liability whatsoever for any losses or future disputes which the client may have with the owner(s) of neighboring properties or other parties as a result of works it carries out on or within the boundaries.
   • GAP may alter or withdraw any quote at any time prior to the works being started.
2. Quotes/Estimates
   • All quotes are valid for 2 weeks from the date of issue.
   • GAP’s “Quick Online Quotes” (requested from our website: gardenarmy.com.au) are subject to an on-site inspection before work can begin.
   • GAP reserves the right to alter or withdraw client accepted “Quick Online Quotes” (requested from our website: gardenarmy.com.au) for any reason (including but not limited to work safety, public liability insurance limitations, work height restrictions, equipment access issues or for any unforeseen issues not observed in the job description and/or images supplied by the client when submitting the “Quick Online Quotes” form.
   • The quote is the best price at the time of submission taking into account existing site conditions and layout at the time of viewing.
   • Acceptance of the quote supplied signifies acceptance of these terms and conditions and represents a binding contract between both parties.
   • Only the work described in the quote is included. The supply of any other materials or labour costs to carry out such works other than stated within the quote is excluded. Any alteration, modification, or extras beyond the work specified in the quote may be liable for an additional cost, which will be agreed by both parties prior to being undertaken.
   • No allowance is made in the quote for any extra work required due to unknown, hidden or underground features.
   • GAP reserves the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond its control.

3. Payment
   • The client accepts that they will pay GAP the full contract sum (all costs incurred) chargeable under the following agreed contract terms.

Payment terms:

One-off garden visits, payment within 7 days on completion of works. Payment Options include Debit or Credit Card Payments via GAP’s online Payment Portal, Bank Transfer or Cash on-site)

Regular clients to pay within 7 days of completion of works. Payment Options include Debit or Credit Card Payments via GAP’s online Payment Portal, Bank Transfer or Cash on-site)

If a job requires plants and materials to be purchased, GAP will require payment for materials 7 days before the start date. Labour & Outstanding Invoice amount to be paid within 7 days on completion of work.

Where a job has a labour cost of $2000.00 or more, 50% will be required to be paid on the first day on arrival at the job. The balance will be required to be paid within 7 days on completion of work.

Unpaid Invoices

All completed work needs to be paid for within 7 days of completion of work. GAP will not return to do another maintenance visit until the previous invoice has been settled.

If the debt becomes 30 days overdue the debt will be handed over to the GAP debt recovery agency for collecting or a money claim raised for collection of outstanding monies plus all costs incurred by GAP.

GAP will have made all reasonable contact with the client prior to this being undertaken.

For unpaid invoices, 30 days overdue interest will be charged at 8% plus the Reserve Bank of Australia base rate from the date the work was carried out.

Any client who disputes an invoice (following an agreement to the original quote) and then doesn’t pay in full will also be subject to the same conditions above.

Miscellaneous

• Upon further consultation the client will pay for any extra work, or costs due to unknown difficulties or changes, which are not within the quote.
• Materials or plants needed to be purchased in advance will form part of the first stage deposit, payable seven days in advance of the agreed start date. If this or any invoices are not paid within seven days of being rendered, the client will be deemed to be in default and therefore in breach of contract. GAP will then be entitled to cease work and remove all materials remaining unused on the site and recover from the client his whole loss and expenses arising out of the said default by the client.
• In the event it is necessary to institute legal recovery of the outstanding sum, the client will be liable to pay GAP’s legal fees in full.
• If the delivery date of goods is delayed by the customer, GAP reserves the right to charge the client the daily labour rate for all staff on site until the material arrives.
• As a result of the client’s change of mind in materials that are already delivered on-site, the client will be solely responsible for payment of all additional costs to have existing materials exchanged and new materials delivered.

4. Cancellation

• GAP reserves the right to charge a cancellation fee in the event of the client rescheduling or cancelling their appointment at short notice.

• In the event that the client cancels the gardening service upon the arrival of GAP on-site, we reserve the right to charge the full labour cost for that visit.
• If GAP are unable to gain access. GAP reserve the right to charge the full labour cost for that visit.

• GAP reserves the right to stop the work in progress or cancel the booking due to adverse weather conditions which are not allowing GAP to perform the required service.

• GAP reserves the right to refuse or stop the services provided at any time if any GAP staff member is being abused, threatened or disrespected in any way by the client.

• If a client cancels a regular maintenance visit or project prior to completion, they are liable for any unpaid materials and the complete labour cost for the visit or project.

5. The Site
   • The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.
   • Access to water and electricity services will be provided by the client at no additional cost to GAP.
   • In the event that GAP has to travel a distance further than 5km to pick up or drop off the keys of the property, an additional charge may be added.
   • GAP shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.
   • GAP undertakes to make all reasonable endeavors to complete the work within a reasonable time frame or by a specific date if so agreed. However, unforeseen circumstances such as weather may hinder progress, and GAP undertakes to keep the client informed.
   • The client agrees to allow access to recover goods and materials from the client’s property until payment is made in full.
   • GAP is not able to accept responsibility for any damage to the (or cost involved with) any underground hazards, obstructions, or services, not made known to GAP in writing or apparent to us on visual inspection.
6. Materials & Plants on Site
   • GAP always uses reputable high-quality suppliers for the supply of plants, trees and shrubs. However, it is unable to guarantee its performance once GAP has left.
   • Plants and turf are only warranted if given in writing (as aftercare is not in GAP control, GAP only guarantee that plants and turf were of the right quality and health when supplied, free advice and return visits to give advice on aftercare are available on request)
   • The appearance of finished features is at the discretion of GAP unless agreed in writing by the client or agent prior to the start of work. Where a written specification for the appearance of a feature is provided to GAP, it is the responsibility of the client or agent to request a small sample of this finished work prior to the start of that specific feature. If a particular variety (i.e. species or cultivar) is not available, a suitable substitute will be selected.
   • Natural products may show some colour and/or texture, and spatial variations. Therefore, GAP cannot guarantee that supplied materials are exact representations of any samples provided.
   • GAP will research and take the advice of the supplier as to the best way to lay the material. If there are any problems arising with the product and the supplier advice has been taken, GAP accepts no responsibility, except where it has been improperly installed by GAP.
   • Materials delivered to the site and tools left on site become the responsibility of the client. GAP accepts no responsibility for loss, damage or expense after delivery of materials to the site for any reason. Delivered plants if not planted immediately will be stowed in an agreed location within the client’s garden. At this stage responsibility for the loss or theft of these plants will rest with the client.
   • Wood is a natural product and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape, or warp. This is natural and in all but the most extreme cases, the normal shape will be resumed. GAP cannot be held responsible for the above taking place.
   • In extreme changes in weather conditions, certain plants and materials such as terracotta, natural stone and other paving can be affected, suffering damage if not protected. The client should take the necessary precautions to prevent damage as this is out of GAP’s control.
7. Maintenance after Planting
   • All watering of plants, trees, shrubs, and turf becomes the responsibility of the client once the contract has been completed. GAP cannot accept any responsibility for survival once the contract has been completed.
   • Any plant failures will be referred back to the plant supplier for attention under their warranty terms.
8. Garden Maintenance
   • • • GAP day rate is for 8 hours on site. Unless a fixed price quotation has been agreed upon prior to work commencing we will apply the day rate or hourly rate plus materials and expenses to the client’s invoice.
       • If we are required to remove additional green waste (over and above the green waste generated from our regular garden maintenance) or general waste from the site, this will be subject to additional charge.
     • For regular maintenance work, please see section 3 for payment terms.
     • Pet fouling on lawns or soil. (our expectation is that a client should clear up after their pets before our visit).
     • GAP reserve the right to engage sub-contractors should a project require them.
   • General
     • GAP will agree on a date and time with you for the works to commence and we shall use our best endeavors to ensure the operative(s) attend on the time and date. However, we accept no liability in respect of non-attendance or late attendance of GAP or for the late or non-delivery of goods.
     • Any date or dates included in our quotes are estimated dates and GAP shall not be in breach of this agreement for failing to start or finish by any date given.
     • We shall not be liable for and accept no responsibility for unavoidable damage caused, or any unforeseeable loss you may suffer as a result of the works carried out, nor shall we be liable for any loss of nature which is not caused by our negligence or our breach of the terms of the agreement between us.
     • This contract shall be regarded as an Australian contract and shall be construed and the rights of parties according to the laws of Australia. Irrespective of the place of signing this contract, it is deemed to have been made at the contractor’s address and all legal matters arising from this contract will be handled within the area of the contractor’s choice.
     • Any accidental or malicious damage caused by the client, their children, or any third party during the course of the maintenance may incur an additional repair charge.
     • GAP reserves the right to use any photographs produced by us for any future marketing or displays whilst ensuring the anonymity of the client.
     • Garden Army Perth has public liability insurance.

10. Limitation of Liability
    • GAP’s liability to the client under or arising out of or otherwise in connection with the Contract or the supply of Services whether in contract tort (including negligence or breach of statutory duty) or otherwise shall exclude any direct, indirect or consequential damage or loss of any nature except as may otherwise be expressly provided for in this Contract.

11. Maximum Liability
    • GAP liability to the client for any loss or damage of whatsoever nature howsoever caused shall not in any circumstances exceed the price of the part of the Contract or Services from which the liability arises.

GAP’s Terms and Conditions is a live document and we reserve the right to update them as and when required. We suggest clients check them regularly.

© Garden Army Perth 2022