Terms of payments

Payments and Deposits

• Payment of deposit constitutes the clients acceptance of these Terms and Conditions.
• Full payment is required for Organic Weed Spraying and Car Washing.
• 50% deposit of total on all quoted work is required before commencement.
• Regular Garden Care Program fee must be paid in full within the first 7 days of the beginning of each month.
• Payment by Internet Bank Transfer.

Bank Account Details

Bank: National Australia Bank
Account Name: Paul Lambert
BSB: 08 60 61
Account #: 86 888 70 72

Terms of Maintenance

Pruning heights of Trees and Shrubs

To supervise or instruct the height of pruning from trees to shrubs and to remove any objects that may break because of falling branches if the client does not want to instruct or supervise the height of pruning they give Beneficial Gardens the choice of height to be taken with each tree and shrub. Pruning or removal of trees or shrubs does not include removal of stump and roots underground or stump grinding.

Weeding

Weeds are cut down by Whipper Snipper or Metal Hoe to Paving or ground level in garden beds. Weeds are not removed between paver joins.

Weeds or grass are not removed by hand.

Variations to Quote

Beneficial Gardens reserves the right to change the Price in the event of a variation to the quotation, of planned scheduled works (including extra to hidden or unidentifiable difficulties beyond the reasonable control of Beneficial Gardens e.g. hard rock barriers below surface or hidden irrigation pipes in garden beds) extra work given above the agreed quote all e.g. pruning, weeding or planting, will be detailed in writing and charged for on the basis of Beneficial Gardens quotation and will be shown as a variation on the invoices Payment must be made in full within 7 days of completion.

Should the variation likely to be more that 10% of the original quote, a call to the Client is required prior to completion.

Risk

The Client acknowledges that variations of colour, shade and grain or the loss of plants are inherent in all landscaping products e.g. plants and natural stone, while every effort will be taken by Beneficial Gardens to use premium soils when planting or to match colour, shade or grain of product Beneficial Gardens shall not be liable for any loss or death of plants, damages or costs howsoever arising resulting from any variation between batches of product or sale samples and the final product supplied.

Damages

Beneficial Gardens shall not be liable for any loss or damage caused in accessing and performing services on site beyond reasonable control (including without limitation, damage to pathways, driveways, irrigation, walls, and windows or grassed areas).

Damages to Utilities and Services

Beneficial Gardens shall be indemnified for any loss or damage whatsoever arising from the delay or cancellation due to breakage or disconnection of utility or other services if caused by misinformation received from the respective Authority (e.g. Dial‐A‐Dig). Services include but are not limited to:

• Electrical;
• Gas;
• Sewer and/or connection;
• Pumping;
• Water mains and/or irrigation pipes; and
• Telephone/communication cabling.

In this case the breakage or disconnection repair expense is the responsibility of the Client.

If the breakage or disconnection is caused by negligence by Beneficial Gardens all services must be returned as quickly as possible at the expense of Beneficial Gardens, limiting the expense to the cost of repairs and nothing else.
If the breakage or disconnection is caused by negligence by a third party contractor all services must be returned as quickly as possible at the expense of the third party Contractor.

Underground Locations

Indemnified against costs relating to accidental damage to reticulation as there are no formal reticulation maps.

Prior to Beneficial Gardens commencing any work, Client advice must be sought as to the location of all underground services on the site.

This includes, but not limited to, electrical, gas, sewer, pumping, sewer connection, water mains, irrigation pipes, Telstra cables, and other mains that may be on site.

Sewer Flimsy to be provided.

Delay or Cancellation of Work

Beneficial Gardens, may Delay or Cancel any work or contract to which these terms and conditions relate. Every effort will be made to ensure the work is completed. However Beneficial Gardens reserve the right to make Delays or Cancellation of Contract due to unforeseen circumstances.

Delivery of services or goods at any time by giving written or email notice, if cancellation occurs on giving notice to the client Beneficial Gardens shall repay to the client any sum paid in respect to the price of the work that was not completed minus the price of any work done before Delay or Cancellation of work.

In the event that the Client cancels the delivery of good or services the client shall be liable for any loss incurred by Beneficial Gardens (including but not limited to any loss of profits) up to the time of cancellation.

Default and Consequences of Default

Given a 5 business day grace period for payment receipt, interest on overdue invoices shall accrue daily from the date when payment was due until the date of payment, at a rate of Twenty Two percent (22%) per calendar month, and at Beneficial Gardens sole discretion such interest shall compound monthly, before and after any judgement made by The West Australian Magistrates Court.

In the event that the Client's payment is dishonored for any reason the Client shall be liable for any dishonor fees incurred by Beneficial Gardens.

If the Client defaults in payment of any invoice when due the Client shall indemnify Beneficial Gardens from and against all cost and disbursements incurred in pursuing the debt including, legal costs or a solicitor and by own client basis and Beneficial Gardens collection agency costs.

Without prejudice to any other remedies Beneficial Gardens may have, if at any time the Client is in breach of any obligation (including those relating to payment,) may suspend or terminate the supply of goods or work to be completed to the Client and any of its other obligation under these terms and conditions and will not be liable to the Client for any loss or damage suffered because Beneficial Gardens has exercised its rights under this clause.