Terms & Conditions
It is a condition of Noye Landscape Services' service that these terms be agreed to for us to provide our services and by agreeing to use our services you, (the customer/party that engages our services), agree to be bound by the below mentioned terms.
(1.1) All invoices are payable on completion for private clients unless alternative terms are agreed upon prior to the commencement of works.
(1.2) Commercial and government client payment terms are 14 days or as agreed upon prior to the commencement of works.
(1.3) In order to avoid increasing our rates and fees, and penalising our customers who pay as agreed, we charge a late payment fee of 3% to any amounts still unpaid 14 days after the due date, with an additional 3% fee on any amounts still unpaid every 30 days thereafter.
(1.4) Noye Landscape Services reserves the right to submit any overdue invoice to our collections agency at any time.
(1.5) Failure to comply with any payment terms may also result in suspension and/or cancellation of services.
2. Quotes
(2.1) All quotes are subject to change due to unforeseen circumstances that change the scope of works and/or changes to the scope of works at the request of the customer. (Example of an unforeseen circumstance: In the process of excavating an area, underground obstacles are discovered that need to be removed and disposed of in order to continue with our works.)
(2.2) Quotes from photos/ videos sent to us are estimates based on the contents of the photos/videos. Areas/works not shown in the photos/videos will be billed as extras and the ability to carry out that extra work will be subject to availability.
(3.1) 3 business days notice is required for all cancellations and schedule changes.
(3.2) A cancellation fee of 100% of job total (less materials not already purchased), due at the time of cancellation, applies to cancellations and schedule changes with less than 3 business days notice.
(3.3) Noye Landscape Services will retain title to, but no risk in, materials and/or products delivered, supplied or installed on behalf of the customer until Noye Landscape Service has received by the due date, payment in full for them and all other outstanding amounts owed to us by the customer.
(3.4) Noye Landscape Service's right to retention of title does not affect any of our other rights.
(3.5) In the event the customer fails to make any payment to Noye Landscape Services when due, Noye Landscape Service is entitled, and the customer grants Noye Landscape Services a license, to enter the customer's property where the materials and/or products are located with or without notice and to repossess and/or remove, at the customer's cost and expense, the materials and/or products in respect of which title has not passed to the customer. Noye Landscape Services shall be entitled to use the customer's name and to act on the customer's behalf in exercising these rights and Noye Landscape Services is not liable for any damages, costs, losses, or other expenses suffered by the customer or any third party in respect of Noye Landscape Services repossessing and removing the materials and/or products. The customer acknowledges that Noye Landscape Services is entitled to remove the materials and/or products even if such removal would result in damage to a structure and the customer acknowledges that Noye Landscape Services will not be liable to the customer for such damage, however it may arise.
(3.6) Noye Landscape Services may purchase materials more than 24 hours before job commencement, in which case the materials will still need to be paid for in full regardless of the amount of notice given for any cancellations or changes to bookings.
(3.7) Any changes to the scope of works that will result in a lower quality end result may be declined at our absolute discretion.
(3.8) Jobs may be paused, cancelled and/or rescheduled at any time and at our absolute discretion due to unsafe or unsuitable weather such as rain, lightning, flooding, temperatures at or above 35 degrees or any other weather conditions that we deem to make it unsafe or unsuitable to carry out the works.
4. Extras:
(4.1) All work is billable, additional works requested outside of any quotes and/or work orders is charged accordingly.
(4.2) If you wish to discuss or negotiate pricing please do so prior to your requests for extra works, as any requests are assumed to be instructions to carry out the additional works and are charge accordingly.
(4.3) Our ability to undertake any additional requests will be subject to our availability.
We have legal duties and obligations under the Occupational Health and Safety Act 2004 that require us to provide and maintain work environments that are safe and without risk to the health of anyone. We must also ensure that people are not exposed to risks to their health or safety due to the undertaking of our works.
To ensure everyone's safety, and our compliance with the OH&S Act 2004, our services are subject to the following conditions:
(5.1) The work site (any area where works are to be done, including access points) must be clear of all hazards that may prevent or impede the safe completion of high quality works including, but not limited to, - People, other service providers, vehicles, animal waste, pets and livestock, building materials, waste and rubbish, rocks, bricks, concrete, metal, chemicals, plant material/ green waste, debris etc. If this cannot be done by the property owner/customer, we must be notified prior to us being engaged to commence the works so that we can assess any risks and ensure that our works can be done without risk to anyone's health or safety.
(5.2) Noye Landscape Services reserve the right to refuse to commence or complete works that will result in the job/s being commenced or completed in an unsafe or hazardous manner, or with an unacceptable level of quality due to the presence of any undisclosed hazards listed above (4.i).
(5.3) Noye Landscape Services reserve the right to reasonably determine what is and is not an acceptable level of quality workmanship.
(5.4) Inability to commence or complete works safely and/or with a high quality of workmanship, due to any undisclosed hazards, will result in the job/s being invoiced in full.
(5.5) Noye Landscape Services have a zero tolerance policy to violent and abusive behaviour. In an event where we are subjected to violence or abuse by a customer or their representative/s, or a party they're responsible for as defined in s.12, the job will be rescheduled or cancelled at our absolute sole discretion and invoiced in full according to our terms of service and cancellation terms.
(6.1) Access to the work area must be available at the scheduled time of works.
(6.2) Inability to commence or complete works due to access restrictions will still result in the job/s being invoiced in full.
(6.3) If it is agreed that green waste is to be disposed of in the customer's green waste bin and the bin is either inaccessible or full, then the green waste will be removed and standard removal fees will apply.
(6.4) We cannot use the inside of a building or home, besides a garage, as a thoroughfare to and from the work area due to safety and property damage risks.
(7.1) Non-refundable* deposits of up to 50% of job total may be required. Advance payments of 100% may also be required in specific circumstances.
(7.2) If a deposit is required, it must be received at least 5 business days prior to scheduled commencement of works.
(7.3) If deposits are not received at least 5 business days prior to scheduled commencement the booking won't be made and any existing bookings will be cancelled and need to be rescheduled and subject to availability.
(7.4) Deposits may be fully or partially refunded if cancellations or schedule changes occur in accordance with of our cancellation terms, minus any materials purchased with the deposit (Term/Condition 2), or if we need to cancel or reschedule, or in circumstances outside anyone's control i.e. extreme weather.
(7.5) If we cancel the booking, or in circumstances outside anyone's control that require the booking to be cancelled, we will refund the customer's deposit minus any materials already received by the customer.
(7.6) Progress payments are required to be paid to us every 7 days on multi-week projects.
(7.7) Progress payment amounts are calculated based on the remaining balance of the job value divided by the number of weeks remaining until completion.
8. Our Guarantee:
(8.1) All our work is fully guaranteed in accordance with Australian Consumer Law.
(8.2) New plant/turf installations have establishment periods in which adequate maintenance will be required to ensure successful establishment. Therefore, we can only guarantee successful establishment if we have been engaged to carry out the entire establishment period maintenance. We accept no liability for unsuccessful establishment and/or survival in the event we have not been engaged to carry out the necessary maintenance for the entirety of the establishment phase.
(8.3) We guarantee our highest standard of quality, service and professionalism.
Non-compliance with any of the above terms of service may result in suspension and/or termination of services at our absolute discretion.
Last updated: March 30th, 2024.