DEFINITIONS
Gardner’s Gardening / GGL refers to Gardner’s Gardening and Landscaping Limited.
Customer / Client refers to the person or party accepting the quote and engaging GGL’s services.
Agreement refers to the contract between GGL and the Customer.
ACCEPTANCE
By accepting a quote, paying a deposit, or allowing work to commence, the Customer agrees to these Terms of Trade in full.
PAYMENTS
Payment is due within 7 days of the invoice date unless otherwise agreed in writing.
Invoices not paid by the due date will incur a 10% late fee on the outstanding balance, applied every 7 days on the new total until the invoice is paid in full.
All sums are payable without deduction, set-off, or counterclaim of any kind.
Where any amount remains unpaid after the due date, the Customer shall also pay interest at 1.5 times GGL’s current overdraft rate, calculated from the due date to the date of payment, together with all debt collection costs incurred by GGL.
Account Name: Gardner’s Gardening Ltd
Account Number: 12-3060-0014678-00
Reference: Invoice Number
DEPOSITS
Deposit requirements vary by service type and project value and will be confirmed in your quote. All deposits are non-refundable unless otherwise agreed in writing by both parties.
Note: A booking deposit paid to secure a start date will be credited to your final invoice on completion.
CANCELLATIONS & RESCHEDULING
Cancellations or rescheduling requests made within 3 business days of the scheduled date will incur a cancellation fee of 10% of the total booking value.
MATERIALS
All materials supplied by GGL remain the property of Gardner’s Gardening Ltd until payment is made in full. If payment is not received as agreed, GGL reserves the right to access the site and dismantle and remove all supplied materials and completed works.
If the property is sold or transferred before all payments are made, the Customer shall hold the proceeds in trust for GGL to the extent that any amount remains outstanding.
VARIATIONS TO SCOPE OF WORK
Any work outside the original agreed scope must be approved in writing (text or email) before work commences. Where a variation is agreed, a Variation Order will be issued confirming revised costs and timelines. GGL is not required to commence varied work until the amended price is agreed in writing by both parties.
If agreement on a variation is not reached within 5 days of the request, the original agreement remains in force.
All variations outside the original scope are payable in full as confirmation before work proceeds.
CUSTOMER RESPONSIBILITIES
The Customer warrants that they are the owner of the property, or are authorised by the owner to engage GGL to carry out works on the site.
The Customer must ensure GGL has free, safe, and unimpeded access to the site during working hours (7am-5pm, Monday to Friday). The site must be cleared of debris prior to commencement unless otherwise agreed.
If other contractors require access to the site during the works, this must be agreed with GGL in advance to avoid disruption.
The Customer must identify and disclose all known services (water, power, gas, telecommunications, etc.) within the work area before work begins. Any damage to undisclosed or unforeseen services will be at the Customer’s cost.
If services are discovered during excavation and require relocation, additional costs will be agreed in writing before work continues.
CONSENTS & PERMITS
Unless agreed in writing prior to commencement, council permits, inspections, and consent costs are not included in GGL’s pricing. GGL accepts no responsibility for consequences arising from works carried out without consent where requirements were not disclosed by the Customer.
HIRED EQUIPMENT
Where hired equipment is required, delays caused by weather or circumstances outside GGL’s control may result in additional costs to the Customer.
WEATHER DELAYS
GGL is not responsible for delays caused by unsafe weather conditions. Project timeframes may be extended without penalty.
PRICE ESCALATION
Pricing is based on costs at the time of quoting. If significant price increases occur due to factors outside GGL’s control, including material shortages, fuel increases, supply disruption, or natural events, GGL may adjust pricing with written notice.
LIABILITY
GGL will exercise reasonable skill, care, and diligence in carrying out all works. GGL’s liability is limited to direct losses caused by GGL’s own negligence. GGL is not liable for any indirect, consequential, or other losses.
FORCE MAJEURE
Neither party will be in breach of this agreement where failure to perform arises from causes genuinely beyond their reasonable control, except in relation to payment obligations.
TERMINATION & SUSPENSION
GGL may suspend or terminate this agreement immediately if the Customer fails to make any payment by the due date, or if insolvency proceedings are initiated against either party.
In the event of termination or suspension, the Customer shall reimburse GGL for all direct costs and expenses incurred as a result.
CONSTRUCTION CONTRACTS ACT
Customer shall reimburse Gardner’s Gardening all direct costs and expenses incurred as a consequence of such termination or suspension.
PHOTOGRAPHY & MARKETING
The Customer consents to GGL taking photographs during and after completion of works for marketing and portfolio purposes, including use on social media, websites, and print materials. No compensation is payable. Client privacy will be respected.
