The Terms and Conditions herein shall be incorporated in all agreements between Oldfields Earthmoving and Landscaping Pty Ltd ABN: 65 625 657 034 (“Oldfields”) and its Customers (the person/s named as “the Customer” in the quotation, estimation, Invoice and/or Licence). In the event of any inconsistency between these Terms and Conditions and the further Conditions stated in the Quotation, Estimation, Invoice or Licence, the further Conditions shall take precedence.
1. All work undertaken will be discussed and agreed prior to the start date and all work will be completed from the original design by Oldfields unless otherwise agreed.
2. The estimate/original price for work includes all materials and labour specified as part of the original design, supplied by Oldfields, unless arranged prior to commencement date or upon initial first visit.
3. Errors and changes to the original plan by Oldfields are accepted on all quotes which will be discussed with the customer.
4. The customer will be responsible for all payments to Oldfields, unless otherwise notified in writing prior to commencement.
5. Payment methods are cash or internet bank transfer.
6. Oldfields require a non-refundable $1000 holding deposit payable immediately after confirmation of quote.
7. The first instalment is required up to 1-3 weeks prior to work commencing (depending on materials) so materials can be purchased/ordered for the start date of the agreed work.
8. Progress payments will be due weekly throughout the project unless a prior arrangement has been made with Oldfields.
9. Final payment must be made by the customer within 5 business days when all the work is completed.
10. Oldfields will not accept payment plan/s or accept “Gift/s” or “Item/s of Value” as payment.
11. Oldfields understands and will exercise their statutory right to claim interest of 10% and compensation for debt recovery costs under the late payment legislation if they are not paid according to agreed credit terms.
12. Any addition and/or alterations to the schedule/project shall be discussed with the customer and agreed upon in writing.
13. Any service provided by Oldfields to the customer in excess of that specified in the quotation shall be subject to further charge and performed as soon as reasonably practicable.
14. Extra charges will apply if the customer changes their mind after the service is completed and or changes mind on products after they have been delivered.
15. The customer shall provide water and electricity, if needed, at no charge to Oldfields.
16. The customer shall provide access to the site during Oldfields normal working hours and storage space for materials and machinery during the contract progress.
17. Oldfields will not take responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to Oldfields in writing or apparent on visual inspection. This must be advised or visually brought to any staff or contractor on site/s attention on the first visit or duration of the visit.
18. All, or any special conditions, of which Oldfields has been informed are noted in the estimation/quotation.
19. Oldfields are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion unless a maintenance contract is in existence. Maintenance is not included in the contract unless specified.
20. After practical substantial completion, Oldfields are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any products or material(s) including plants.
21. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the customer and will require regular attention until established. Great
care is taken to remove all weeds/roots from the site when being prepared, but Oldfields cannot accept responsibility for subsequent weed growth on completion of the project.
22. Oldfields are not responsible for any injury or damage caused by debris within 100m from machinery.
23. It is very important and the sole responsibility of the customer to ensure Oldfields are made aware of any special/statutory bylaws/conditions/permissions that may be involved.
24. Oldfields accepts no responsibility for works that have been carried out on land that is not under the ownership of the customer and it is assumed that all planning laws or regulations have been applied before the commencement of any works.
25. Severe weather conditions, including drought, storms, lightning, acts of God, flooding, earthquake, may cause the delay of visits but this will not affect the original, agreed price.
26. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
27. All materials, hard and soft landscapes on site including plant/s remain the property of Oldfields until payment is received in full and Oldfields reserve the right to remove said property if the unpaid debt remains after 60 days.
28. Oldfields does not accept liability for efflorescence, colour or size variation in the products and materials which will be purchased or delivered as part of the work completed. Oldfields provides no warranty and accepts no liability whatsoever in respect of the condition or quality of the products and materials that are purchased and delivered to site from the supplier.
29. The customer indemnifies Oldfields for any and all future liabilities, losses, damages, costs or expenses which may be suffered, incurred or associated as a result of anything that may occur beyond the purchase of products and materials that are purchased and delivered as part of the project.
30. Oldfields will not be responsible or liable for any structural considerations, the appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed to in writing by the Oldfields prior to the start of the project. 31. Cancellation of work not received within 14 business days of the agreed start of work date, will be subject to a charge of 15% of the estimated/quoted price.
32. Oldfields provides a standard one-year workmanship warranty on all works completed by Oldfields.
33. These terms and conditions and contract data represents the entire agreement between the parties in relation to the service provided and supersedes all previous written or oral communication. 34. The contract documents include the quotation, specification, plans and any other documents referred to in the quotation.
35. These terms and conditions shall apply to the contract to the exclusion of any terms and conditions used by the customer.
36. No variation of these terms and conditions shall be binding on Oldfields unless in writing and signed by the customer and the director of Oldfields.
37. The contract may not be assigned or transferred by the customer without the prior consent of Oldfields in writing signed by the director.
38. Each party shall keep confidential in all processed, information or data disclosed to it which belongs to the other and shall not disclose the same to any person, firm or company without prior written authority of the other party.
39. By accepting the estimation/quotation provided by Oldfields, the customer signs and accepts these terms and conditions and all aspects of the agreed contract that make up these terms and conditions.