STANDARD TERMS AND CONDITIONS
Agreement between The Trustee for WK HOWARD TRUST trading as All Grass Solutions Australia (“the Supplier”) and the Customer of the Services.
1 Interpretation
In these terms and conditions, the following words have the following meanings:-
1.1 “Customer” means the person or persons, for whom the Services are carried out.
1.2 “Information” means any information of a general nature relating to aeration of lawn, including purpose, effects, results, or procedure and care of lawn.
1.3 “Supplier” means the supplier of the Services, being The Trustee for WK HOWARD TRUST trading as All Grass Solutions.
1.4 “Services” means the lawn services specified in the contract of services between the Supplier and the Customer.
2 Application of Terms and Conditions
2.1 Any person who engages the Supplier to carry out the Services does so acknowledging that these terms and conditions form any contract for the supply of the Services and shall take precedence notwithstanding any other documentation or communication from the Customer.
3 Price and Payment
3.1 The Customer agrees to pay for the Services as directed by the Supplier.
3.2 The Supplier will issue a tax invoice for the supply of the Services prior to completion of the Services.
3.3 No quotations, representations or oral agreements are binding upon the Supplier unless confirmed by the Supplier in writing.
3.4 The Customer is responsible for any costs incurred by the Supplier as a result of cancellation of an order by the Customer.
3.5 Unless otherwise agreed between the parties in writing, payment as specified in the tax invoice is due upon completion of the Services and the Customer agrees that time is of the essence with respect to the date of payment.
3.6 Non payment of an account by the date of [payment will invalidate any discount or allowance quoted by the Supplier.
3.7 In the event that the Customer fails to pay the invoice on the due date, the Customer agrees to pay Default Interest at 15% per annum for each day that the payment is overdue.
3.8 In the event that the tax invoice remains outstanding for a period of 30 days, the Supplier may commence legal proceedings against the Customer for recovery of the debt.
3.9 The Customer agrees to indemnify the Supplier against any legal fees (on a client and solicitor basis) incurred by the Supplier in recovering payment of the debt from the Customer, including any interest payable on the debt.
4 Customer’s Obligations
To enable the Supplier to supply the Services, the Customer agrees to:-
4.1 provide the Supplier with unrestricted access to the property/subject site;
4.2 provide the Supplier with any information required by the Supplier to supply the Services;
4.3 disclose to the Supplier prior to the Supplier commencing any works, of the existence of any pipes, impediments, encroachments, infrastructure , large or hard objects, or easements on or below the ground surface;
4.4 keep the Supplier updated with the Customer’s correct name, postal address, telephone number, fax and email information;
4.5 maintain current public liability and building insurance for the property/subject site at all times whilst the Supplier is supplying the Services; and
4.6 Comply with all terms of the agreement between the parties.
5 Supplier’s Obligations
5.1 The Supplier will supply the Services to the Customer with care and skill to the standard of experience of the provider of the Services.
5.2 Time for delivery of the Services is stated according to the Supplier’s best expectations, but the same is not guaranteed, nor is it a condition of this agreement unless specified in writing at the time of contract.
6 Disclaimer and Limitation of Liability
6.1 The Services are supplied to the Customer at the Customer’s risk.
The Customer indemnifies the Supplier against:-
6.2 any damage caused to the Customer’s property or any third party property in carrying out the Services;
6.3 any damage caused to the Supplier’s machinery or equipment in carrying out the Services by hard or large objects underground not disclosed to the Supplier prior to the commencement of the works;
6.4 any damage or loss suffered by the Supplier, the Supplier’s equipment or machinery or any third party as a result of incorrect information given to the Supplier by the Customer;
6.5 loss of trade caused by damage to above ground or underground assets/services/infrastructure, or to the playing surface itself, including but not limited to identified and unidentified, client and government assets;
6.6 any adverse short or long term effects to the surface arising from the supply of the Services; and
6.7 any failure on the Customer’s part to effect and maintain appropriate insurances over the Property whilst the Services are being supplied.
6.8 The Supplier’s liability to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise is limited to the amount of consideration paid by the Customer under this Agreement.
6.9 The Suppler makes no promises, nor accepts any liability for how the information on the Supplier’s website or as contained in these terms and conditions is administered or interpreted.
7 Customer Acknowledgments
The Customer acknowledges that:-
7.1 The results of the lawn care/service work will vary according to a variety of factors, including, but not limited to location, grass species, climate and soil type;
7.2 The Supplier provides no guarantee that the grass will grow following supply of the Services, nor any warranty with respect the rate of grass growth;
7.3 The Supplier is not responsible for watering of any kind, nor any after care unless these requirements are specified in the contract for Services between the Supplier and the Customer and pre-arranged;
7.4 Whilst the Supplier will provide the Customer with a plan for the subject property/site, it is the Customer’s responsibility to either confirm the suitability of the plan, or to advise the Supplier if a different course of action is preferred.
7.5 whilst due care is taken in performing the Services, some machines are large and may leave impressions in the ground. The Customer is not entitled to object or claim compensation as a result of any impressions made to the ground;
7.6 the Supplier has full discretion with respect to the type of fertiliser applied to the property in providing the Services (including those that may contain poisonous or harmful chemicals), and the Customer indemnifies the Supplier against any loss, claims, or damage arising from animals or persons that may eat or touch the fertiliser.
7.7 All Information provided in these terms and conditions or on the Supplier’s website is of a general nature only and is intended as a general guide only; and
7.8 Any information provided in these terms and conditions or on the Supplier’s website should be cross referenced to the Customer’s exact scenario, in conjunction with a program of maintenance, not just ad hock solutions.
8 Force Majeure
8.1 Neither party will be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw
materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 Severance
9.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10 Governing Law
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and the parties hereby submit to the exclusive jurisdiction of the Queensland courts.
- Consumer Complaints Procedure
11.1 In the event of any dispute or claim arising out of, or relating to the Services provided, the Customer must notify the Supplier as soon as possible of the dispute or claim by email, fax or mail.
11.2 The Customer must allow the Supplier (which includes Persons nominated by the Supplier) to visit the property/subject site (which visit must occur within twenty eight (28) days of the Customer’s notification to the Supplier) and provide the Supplier with full access to allow the Supplier to fully investigate the complaint.
11.3 The Customer will be provided with a written response to the Customer dispute or claim within twenty eight (28) days of the date of the inspection.
11.4 If the Customer is not satisfied with the Supplier’s response the Customer must within twenty one (21) days of the Customer’s receipt of the Supplier’s written response refer the matter to a Mediator nominated by the Supplier from the Institute of Arbitrators and Mediators of Australia.
11.5 The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.
11.6 In the event the Customer does not comply with the above Complaints Procedure and commences litigation against the Supplier, the Customer agree to fully indemnify the Suppliers against any awards, costs, legal fees and expenses incurred by the Supplier (on a solicitor and client basis) in having the Customer’s proceeding set aside or adjourned to permit the foregoing Complaints Procedure to be complied with.