Terms of Trade

1. DEFINITIONS AND INTERPRETATIONS
   1.1 In these Terms and Conditions, the following words and expressions have the following meanings:

2. SCOPE OF THE AGREEMENT
   2.1 Subject to the terms and conditions of this Agreement:
   2.1.1 Gardner’s Gardening undertakes to carry out the agreed works; and
   2.1.2 the Customer undertakes to accept and the agreed works.

3. CUSTOMER’S RESPONSIBILITIES
   3.1 The Customer warrants that: Pay for
   (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) Gardner’s Gardening 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.
   3.2 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 Gardner’s Gardening, and the Customer shall ensure that such other contractors are co-ordinated to allow unimpeded access to the Site or completion of works by Gardner’s Gardening.

4. CONTRACT SUM AND PAYMENT
   4.1 The Customer shall pay to Gardner’s Gardening the agreed price (“Contract Sum”) in the manner, at the rate and at the times provided in this agreement.
   4.2 The Customer shall pay Gardner’s Gardening the amounts due under clause 3.1 within 7 days of receiving an invoice from Gardner’s Gardening.
   4.3 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 Gardner’s Gardening 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 Gardner’s Gardening.
   4.4 All materials supplied by Gardner’s Gardening, including materials incorporated into the agreed works, shall remain the property of Gardner’s Gardening until payment has been made in full. Gardner’s Gardening 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.
   4.5 If the Site is sold or is in any way disposed of, prior to all payments being made to Gardner’s Gardening, the Customer shall hold the proceeds of such sale or disposition in trust for Gardner’s Gardening to the extent that any monies remain owing under this agreement.
   4.6 All sums a payable without deduction, setoff, counterclaim or cross demand of any kind

5. VARIATIONS
   5.1 The Customer may request modifications or amendments to the agreed works at any time during the term of this agreement and Gardner’s Gardening 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. Gardner’s Gardening shall not be required to commence work on any such amended works until the amended price is agreed.
   5.2 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.
   5.3 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 un- changed and shall continue to be binding on both parties.

6. LIABILITY
   6.1 Gardner’s Gardening 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 Gardner’s Gardening of such obligations, the liability of Gardner’s Gardening and its employees or agents (whether in contract or in tort) shall be limited to the direct losses caused by Gardner’s Gardening to the Customer and arising out of Gardner’s Gardening negligence, to the exclusion of all other liability.

7. DEFAULT AND TERMINATION
   7.1 Either party may terminate this agreement forth- with, or in the case of Gardner’s Gardening 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.
   7.2 Gardner’s Gardening may either terminate this agreement forthwith, or forthwith suspend the carry- ing out of the agreed works until further notice, in the event that the Customer fails to make any payment due to Gardner’s Gardening under this agreement by the due date.
   7.3 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 Gardner’s Gardening all direct costs and expenses incurred as a consequence of such termination or suspension.

8. FORCE MAJEURE
   8.1 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.

9. CONSTRUCTION CONTRACTS ACT
   Customer shall reimburse Gardner’s Gardening all direct costs and expenses incurred as a consequence of such termination or suspension.

Gardening Maintenance Promotion (Oct-Nov 2024)
In addition to the current terms and conditions, the following applies to clients who sign up for the 6 or 12-month garden maintenance subscription during the promotion period of October and November 2024:

Early Termination Fee:
If the client chooses to cancel the subscription service prior to the end of the term (6 or 12 months), an early termination fee of $265 + GST will be invoiced, along with 10% of the remaining balance of the contract.

Waste Removal:
The quoted amount will cover the removal of 1 bag of waste. Additional bags can be purchased at $40 + GST per bag.
Prices are per visit and exclude GST.