Terms and Conditions

1.1 Subject to the terms and conditions of this Agreement:
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.
2.1 The Customer warrants that:
(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.
2.2 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, and 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.
2.3 Prior to the Contractor commencing any work the Client 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 Client must identify include, but are not limited to, electrical services, gas
services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains,
irrigation pipes, telephone cables, fiber optic cables, oil pumping mains, and any other services that
may be on site. Whilst Naturescapes Ltd will take all care to avoid damage to any underground
services the Client agrees to indemnify Naturescapes Ltd in respect of all and any liability claims,
loss, damage, costs and fines as a result of damage to services not precisely located and notified.
2.4 A dog poo pick up fee of $50 per visit will be applied if the grounds are not clean on arrival and
we have to pick up.
2.5 A monthly administration fee of $25 may be charged for each month in which the clients
account is in default.
3.1 The Customer shall pay to Naturescapes Ltd the agreed price (“Contract Sum”) in the manner, at
the rate and at the times provided in this agreement.
3.2 The Customer shall pay Naturescapes Ltd the amounts due under clause 3.1 within 7 days of
receiving an invoice from Naturescapes Ltd. We will invoice you for the work, and this may include
invoicing you at intervals during the progress of the work.
3.3 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 paid from the date on which the amount
became due to the date of payment together with all debt collection costs incurred by Naturescapes
3.4 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 all
agreed works and materials if payment is not made in accordance with this agreement.
3.5 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.
3.6 All sums are payable without deduction, setoff, counterclaim or cross demand of any kind.
3.7 Naturescapes Ltd allows up to 30 minutes travel time to your site. If we take longer than 30
minutes to travel to your job, the cost of this travel time may be charged to you.
3.8 In some circumstances, if your property is located outside of normal travel routes, you may be
charged for the time it takes for the tradespeople to travel back to the yard. If it is more than 30
minutes, you may be charged for the extra time it takes for the tradespeople to reach their
destination. Naturescapes Ltd believes that it is good practice to pay the tradespeople when they are
traveling for more than 30 minutes. The exception to this is normal travel to and from home in peak
motorway traffic.
4.1 The Customer may request modifications or amendments to the agreed works at any time during
the term of this agreement and Naturescapes Ltd shall use its best endeavors to comply with all such
requests, provided that the parties shall immediately negotiate in good faith to determine whether
any such modifications or amendments are practicable and (where applicable) agree upon an
amended price. Naturescapes Ltd shall not be required to commence work on any such amended
works until the amended price is agreed.
4.2 Where any such 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.
4.3 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.
5.1 Naturescapes Ltd shall exercise reasonable skill, care and diligence in the discharge of its
obligations under this agreement but in respect of any loss or damage, which 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 negligence, to the exclusion of all other liability.
6.1 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 and
bankruptcy, receiver or receiver and manager is appointed in respect of the assets of the other party.
6.2 Naturescapes Ltd may either terminate this agreement forthwith, or forthwith suspend the
carrying out of the agreed works until further notice, in the event that the Customer fails to make
any payment due to Naturescapes Ltd under this agreement by the due date.
6.3 In the event that this agreement shall have been terminated, or the carrying out of the agreed
works has been suspended pursuant to clause 6, the Customer shall reimburse Naturescapes Ltd all
direct costs and expenses incurred as a consequence of such termination or suspension.
7.1 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 hereunder, 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.
8.1 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.