1.1.1 Naturescapes Ltd undertakes to carry out the agreed works; and
1.1.2 The Customer undertakes to accept and pay for the agreed works.
(a) The Customer is the owner of the property stated on the cover page of this agreement (“Site”) or is authorised by the owner of the Site to carry out the agreed works on the Site; and
(b) Naturescapes Ltd shall have free and unimpeded access to the Site for the purpose of carrying out the agreed works, and that, except where agreed otherwise, the Site will be cleared of all debris prior to commencement of the agreed works.
The Customer shall ensure that, if other parties are to be allowed access to the Site during the term of this agreement, this shall be by agreement with Naturescapes Ltd.
The Customer shall ensure that such other contractors are co-ordinated to allow unimpeded access to the Site or completion of works by Naturescapes Ltd.
Prior to Naturescapes Ltd commencing any work, the Customer must advise Naturescapes Ltd of the precise location of all underground services on the Site and clearly mark the same.
The underground mains and services the Customer must identify include, but are not limited to:
Whilst Naturescapes Ltd will take all reasonable care to avoid damage to underground services, the Customer agrees to indemnify Naturescapes Ltd in respect of any liability, claims, loss, damage, costs, or fines resulting from damage to services that have not been precisely located and notified to Naturescapes Ltd.
A $50 dog poo pick-up fee per visit will be applied if the grounds are not clean on arrival and Naturescapes Ltd is required to remove dog waste.
A $25 monthly administration fee may be charged for each month in which the Customer’s account remains in default.
The Customer shall pay Naturescapes Ltd the agreed price (“Contract Sum”) in the manner, at the rate, and at the times provided in this agreement.
The Customer shall pay Naturescapes Ltd the amounts due under clause 3.1 within 7 days of receiving an invoice from Naturescapes Ltd.
Naturescapes Ltd may invoice the Customer at intervals during the progress of the agreed works.
Where any monies owing under this agreement are not paid by the due date, the Customer shall pay interest equal to 1.5 times the interest rate payable by Naturescapes Ltd for its overdraft facilities at the time of the default.
This interest shall be payable from the date on which the amount became due until the date of payment, together with all debt collection costs incurred by Naturescapes Ltd.
All materials supplied by Naturescapes Ltd, including materials incorporated into the agreed works, shall remain the property of Naturescapes Ltd until payment has been made in full.
Naturescapes Ltd shall be entitled to unrestricted access to the Site to dismantle and remove the agreed works and materials if payment is not made in accordance with this agreement.
If the Site is sold or is in any way disposed of prior to all payments being made to Naturescapes Ltd, the Customer shall hold the proceeds of such sale or disposition in trust for Naturescapes Ltd to the extent that any monies remain owing under this agreement.
All sums are payable without deduction, set-off, counterclaim, or cross-demand of any kind.
Naturescapes Ltd allows up to 30 minutes of travel time to the Customer’s Site.
If travel to the job takes longer than 30 minutes, the additional travel time may be charged to the Customer.
In some circumstances, if the Customer’s property is located outside normal travel routes, the Customer may be charged for the additional time required for tradespeople to travel to or from the Site.
Where travel takes more than 30 minutes, additional travel time may be charged for the time required for tradespeople to reach their destination.
Naturescapes Ltd considers it good practice to pay tradespeople for travel exceeding 30 minutes.
The exception to this is normal travel to and from home during peak motorway traffic.
The Customer may request modifications or amendments to the agreed works at any time during the term of this agreement.
Naturescapes Ltd shall use its best endeavours to comply with such requests, provided that the parties shall immediately negotiate in good faith to determine whether the modifications or amendments are practicable and, where applicable, agree upon an amended price.
Naturescapes Ltd shall not be required to commence any amended works until the amended price has been agreed.
Where modifications or amendments to the agreed works are agreed between the parties in accordance with clause 4.1, they shall be recorded in writing and signed by both parties, whereupon they shall be deemed to be incorporated into this agreement.
Where the parties do not reach agreement in accordance with clause 4.1 within 5 days of a request for an amendment, this agreement shall remain unchanged and shall continue to be binding on both parties.
Naturescapes Ltd shall exercise reasonable skill, care, and diligence in the discharge of its obligations under this agreement.
In respect of any loss or damage that in any way arises out of or is connected with the performance or non-performance by or on behalf of Naturescapes Ltd of such obligations, the liability of Naturescapes Ltd and its employees or agents, whether in contract or in tort, shall be limited to the direct losses caused by Naturescapes Ltd to the Customer and arising out of Naturescapes Ltd’s negligence, to the exclusion of all other liability.
Either party may terminate this agreement forthwith, or, in the case of Naturescapes Ltd, suspend the carrying out of the agreed works until further notice, in the event that a liquidator, trustee in bankruptcy, receiver, or receiver and manager is appointed in respect of the assets of the other party.
Naturescapes Ltd may either terminate this agreement forthwith or suspend the carrying out of the agreed works until further notice if the Customer fails to make any payment due to Naturescapes Ltd under this agreement by the due date.
In the event that this agreement is terminated, or the carrying out of the agreed works is suspended pursuant to this clause 6, the Customer shall reimburse Naturescapes Ltd for all direct costs and expenses incurred as a consequence of such termination or suspension.
No failure or omission by either party to carry out or observe any of the terms and conditions of this agreement shall, except in relation to obligations to make payment under this agreement, give rise to any claim against the party in question or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond the control of that party.
This contract is subject to the Construction Contracts Act 2002.
Disputes shall be settled in accordance with the provisions of that Act.
By signing and accepting our quote, you acknowledge and agree to the Terms of Trade outlined above.