TERMS & CONDITIONS OF SERVICE
Terms & Conditions | Rob’s Horticulture
The supply of goods and/or the performance of services by Rob’s Horticulture (“we” or “us” or “our”) to all its customers (“you”) is offered only and exclusively on the following terms and conditions. By requesting, ordering or otherwise permitting us to supply goods to or perform services for you, you hereby accept irrevocably and unconditionally our offer without derogation or qualification.
In these conditions:
“Conditions” means these Terms and Conditions;
“Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;
“goods” means all products and other goods supplied by us to you or on your behalf;
“including” is not a word of limitation and means without limitation;
“services” means all services performed by us for you or on your behalf;
“business hours” means Monday to Friday 9am to 5pm at your local time, excluding gazetted public holidays;
“Service hours” means Monday to Friday 8am to 4pm at your local time, excluding gazetted public holidays;
“Rob’s Horticulture” or “we” or “us” or “our” means Rob’s Horticulture (ABN 24 519 685 937); and
“Party” and “Parties” means (severally and not jointly) Rob’s Horticulture and/or the Customer as the context requires.
2.0 Basis of Contract
2.1 Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent.
2.2 Any written quotation or estimation provided by us to you concerning the proposed supply of goods or services is valid for 14 days (inc Weekends) and is an invitation only to you to place an order based upon that quotation/estimation. These Conditions may be supplemented by additional terms in our quotation or estimation which are not inconsistent with these Conditions.
3.0 Charges and Payment
3.1 Payment for goods and services must be made by Bank transfer, direct credit, direct debit, cheque within 7days (inc weekends) from receiving your invoice for the supply of the goods or the performance of services.
3.2 Minimum charge for any visit is $37.50 unless otherwise specified in the estimate/quote.
3.3 Where there is any change in the costs incurred by us in relation to the goods or services, we may vary our price for goods or services on order to take account of any such change, without giving notice to you.
3.4 For Regular Helping hand & programmed maintenance clients, all materials such as plants, mulch, fertilizers, Pest & disease sprays etc. are an additional charge detailed on your invoice. Any bulk supplies (sand/soil, mulch etc., not bagged) required will be discussed with the client prior to ordering.
3.5 For general “one-off” maintenance clients, the cost of any materials will be supplied on your quote/estimate.
3.6 Surcharges may be applied on same day and/or outside business hours visits.
3.7 If your gardener at any time throughout the service period is required to spend additional time bringing your lawn or garden back up to standard (for any reason) this “additional” time will be charged accordingly
4.0 Payment Default
4.1 Accounts are strictly 7 days from the date of invoice.
4.2 All Accounts not finalised within 14 days will see the supply of further goods or services to you cease or be suspended for such time as we think fit.
4.3 All accounts not finalised within 30 days, will be due and payable immediately without the requirement of any notice to you, and we may, without prejudice to any other right or remedy available to us: -
1. charge you for all expenses and costs (including debt collection commission and fees and legal costs on a full indemnity basis) suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging our debt collection agency or local court to seek to recover the amounts due); and
2. by notice in writing to you, terminate any contract with you so far as unperformed by us; without effect on our accrued rights under this or any other contract.
4.4 Clause 4.3 may also be relied upon, at our option:
1. where you are an individual, you become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally; or
2. where you are a corporation, you enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up.
5.0 Risk and Insurance
The risk in the goods and services and all insurance responsibility for theft, damage or otherwise in respect of the goods and services shall pass to you immediately upon delivery of the goods and services to the premises nominated by you.
6.0 Performance of contract
6.1 Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment. We will use our reasonable endeavors to meet any estimated dates for delivery of the goods or completion of the services.
6.2 Where we are unable to deliver goods or services on the estimated date specified, the goods or services will be delivered/ completed on the next available day. You will be notified of this if you chose this option when you signed up with Rob’s Horticulture
6.3 Consultations for all Service types (Regular helping hand service and regular programmed maintenance services) are free and are compulsory for all new services. The duration of each consultation is for ½ hour (30 mins) where we will meet with you at your premise to discuss the horticultural maintenance services & goods you require.
6.4 Hedging, shaping and Pruning up to 2.4 meters is included. Any work above this height a qualified arborist will need to be arranged.
6.5 Tree trimming around overhead power lines is NOT included, we recommend using a qualified tree trimming contractor who is experienced and equipped to work within close proximity to overhead electricity lines.
6.6 Extra Services may require a longer visit than usual or an additional service be booked to complete such services; this will be discussed with the client either prior to the commencement of the service if known or as soon as possible thereafter and additional charges will apply as outlined in section 3.2.
6.7 An Invoice will be sent within 7 days after your service via E-mail
7.0 Customer’s Responsibilities
7.1 You shall comply, at your own expense, with any recommendations and guidelines with respect to the use of the goods or provision of services, including any adjustments or replacements required that is incidental or collateral to the use of the goods or provision of services.
7.2 You shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services as soon as possible and no later than 7 days from receiving the goods or services.
7.3 Clients are to never give Access Keys to their gardener; if a key is required you will need to acquire a secure lock box or similar and inform Rob’s Horticulture or the code when you book your service. Please note that you are responsible for the key.
7.4 It is the responsibility of all animal owners to have all animals that could escape, be injured, killed or attack us either tied up or locked away so we can service your property.
7.5 If we are unable to service your property (either partially or entirely) due to any circumstances within your control you will be charged either:
7.5.1 The portion of any work completed and or
7.5.2 Any additional time spent waiting at your property at the rate set out in section 3.2 per each 15 mins spent waiting
7.5.3 The minimum fee as set out in sections 3.2 & 3.3
7.6 You shall perform general “housekeeping”, testing, adjustment and/or maintenance as recommended by us in respect of any goods supplied by us in order to maximize the availability of and performance of the goods or permit performance by us of any of our obligations hereunder.
7.7 By appointing Rob’s Horticulture to conduct Horticultural lawn & garden maintenance services at a premise, you represent and warrant to Rob’s Horticulture that you are the owner of, and/or have the right to be in possession of and make decisions regarding such premise and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of personal information by you to Rob’s Horticulture and to the use of that personal information by Rob’s Horticulture, and that your collection, possession, processing and transfer of such Data is in compliance with data protection and privacy laws to which you are subject. You indemnify Rob’s Horticulture from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of your warranties.
7.8 Services involve us visiting you at your home or other location (Premises) requested by you.
7.8.1 You must ensure that all adults & children remain indoors while ever a service is being completed for safety reasons. If an adult or children are outdoors during a service they will be advised to return indoors until the completion of the service, if this advice is not followed service on the property will cease and a follow up visit will need to be booked which will incur an extra charge.
7.8.2 You must provide our gardeners with:
1. access to the areas of your premises necessary to provide services;
2. An animal waste free work site, otherwise we will remove it at the rate set out in section 3.2 per each 15 mins spent removing animal waste. If the waste is excessive your property will not be serviced and the minimum rate will apply.
3. A safe working environment and working space that is free from rubbish/debris and other items that inhibit the ability of the gardeners to complete the service(s).
4. Electrical power (where applicable).
8.1 To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided by Rob’s Horticulture under these conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non infringement) are hereby expressly excluded.
8.2 Except to the extent specifically provided in these Conditions, our sole liability to you for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
8.2.1 subject to sub-clauses 8.2.2 and 8.2.3, the aggregate amount of the fees and charges paid by you under these Conditions as at the date of the breach;
8.2.2 in relation to goods if supplied to you as a consumer (as defined in the Trade Practices Act 1974):
1. the replacement of the goods or the supply of equivalent goods; or
2. payment of the cost of replacing the goods or acquiring equivalent goods; or
3. the repair of the goods or payment of the cost of having the goods repaired, as in each case we may elect; and
8.2.3 in relation to services if supplied to you as a consumer (as defined in the Trade Practices Act 1974):
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again, as in each case we may elect.
8.3 In no event shall we be liable to you or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
8.3.1 damage, malfunction or failures caused directly or indirectly by:
1. any third party;
2. our actions that were expressly or impliedly authorized by you, or by your employees or agents;
3. accident, misuse or abuse by anyone other than us;
4. alteration or modification of the goods by anyone other than us;
5. your failure to provide a proper operating and working environment for the goods;
6. damage during any movement, relocation or re-installation of the goods;
7. power surge or failure,
8. acts of God or acts outside our reasonable control;
9. any other condition not arising under normal operating conditions; or
10. normal wear and tear; or
8.3.2 any loss or damage of any nature arising or caused directly or indirectly by any breach of your obligations or responsibilities set out in these Conditions.
8.4 Any replacement of goods under warranty will be carried out at the premises.
8.5 In no event will we be liable to you or to any third party under or in connection with these conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
8.5.1 any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit; 8.5.2 your liability to any third party; or
8.5.3 incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if we have been advised of the possibility of such loss or damage.
8.6 We will not be liable for any loss or damage suffered by you where we have failed to meet any delivery date or cancelled or suspended the supply of goods or services.
8.7 Nothing contained in these Conditions excludes, restricts or modifies any:
8.7.1 Implied condition, warranty or other implied obligation in relation to these Conditions or the goods and services where pursuant to applicable law to do so is unlawful or void; or
8.7.2 liability for fraud or deceit; or
8.7.3 liability for death or personal injury caused by the negligence of either Party.
8.8 We will not be liable for any loss or damage of any nature arising or caused directly or indirectly by contractors or any other person working on behalf of another business engaged by you to complete services
9.1 If, through circumstances beyond our reasonable control, we are unable to effect delivery or provision goods or services, then we may reschedule if possible or cancel your order (even if it has already been accepted) by notice in writing to you.
9.2 If you wish to post-pone, skip or cancel a service (for any reason) you will need to inform us as soon as possible and BEFORE the gardeners arrive at your premise, otherwise a cancellation fee of $37.50 for the loss and expense caused to us will be charged.
10.0 No representation or reliance
10.1 You acknowledge that neither we nor any person acting on behalf of us has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.
10.2 You acknowledge and confirm that you do not enter into these Conditions in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Conditions.
10.3 Without limiting the generality of clauses 10.1 and 10.2, you understand and hereby confirm that:
1. your decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, and
2. you have relied on your own skill and judgment in deciding to purchase and acquire the goods and services.
10.4 Any horticultural information given by us is general in nature and does not take into account your personal circumstances, needs or objectives. This information is not to be considered advice and before acting on any information you agree to seek the services of an independent horticultural consultancy service.
11.0 Entire Agreement
11.1 To the extent permitted by law, in relation to its subject matter, these Conditions:
11.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
11.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
12.0 Governing law
12.1 This Agreement is governed by and must be construed according to the law applying in New South Wales. The Parties hereby irrevocably submit to the jurisdiction of the courts of New South Wales.