TERMS AND CONDITIONS

 

The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluded in writing by Select Outdoor Solutions hereby referred to as the “Contractor”. The person(s) named on the quotation/contract who agree to be bound by this Agreement will hereby be referred to as the “Client”.

 

WHEREAS, the Contractor is engaged in the business of offering pool installation and landscaping services; and

 

WHEREAS, the Client desires to retain the services of the Contractor to render pool and landscaping services confirming to the Client’s design and direction according to the terms and conditions herein.

 

SCOPE OF WORK

 

The Contractor shall carry out and complete pool and landscape works described in the quotation document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties.

 

These terms apply to all contracts for the installation of goods and services by the Contractor. No changes to these terms and conditions are binding on the Contractor unless confirmed in writing. No employee or agent of the Contractor has any right to make representation, warranty or promise in relation to the goods or services other than contained in these terms.

 

ESTIMATE

 

1. The Contractor reserves the right to increase the value of the contract due to changes in design or materials by the Client after execution of the contract.

2. Acceptance of the estimate involves acceptance of these terms and conditions of the contract documents. This represents a binding contract between the parties. It should be noted by client that any attempt to cancel by the client will involve the client being liable to cancellation fee and any loss of expenses incurred as a result at the discretion of the Contractor. (Up to a maximum of 50% of the total estimate).

 

1. PAYMENTS​​

   1. A deposit will be required at the signing and approval of the Contract.

   2. If the Contract does not go ahead the 20% deposit is refundable less a $500 administration fee

   3. Payment for the remainder will be due incremental stages and upon completion. The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.

   4. Larger contracts may be broken into incremental payment frequencies and the amount will be agreed upon by Client and Contractor.

   5. Payments are immediately due on receipt of invoice.

   6. Payment by direct transfer or cash.

   7. Legal and beneficial ownership of the Services provided will not pass onto the Client until such time as the services have been paid in full in cash or cleared funds.

2. The client accepts that he/she will pay the Contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract.

3. Quotations are valid for 30 days from date of issue only. Late payment of invoices for completed works, beyond our 14 day terms, will be subject to a 5% monthly interest charge (on all outstanding amounts). In addition, a $50 administration charge will be added to each subsequent invoice, limited to one per month. Once the Contractor’s written/emailed agreement has been received, the Contractor reserves the right to enforce late payment charges in accordance with the terms and conditions.

 

1. LIMITED LIABILITY​

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1. These terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974. The Contractor is not subject to, and the Client releases the Contractor from any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in Goods. The Client acknowledges that the Contractor is not: (a) responsible if the goods do not comply with any appliable safety standard or similar regulation; and (b)  liable for any claim, damage or demand resulting from such noncompliance. If any statutory provisions under the Trade Practices Act 1974 or any other statue apply to the Contract between the Contractor and Client, then to the extent to which the company is entitled to do so, the Contractor’s liability under the statutory provisions is limited, at the Contractor’s options to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Contractor will not be liable for any consequential loss or damage or other direct or indirect loss or damage. 

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1. INSPECTION

   1. Unless the Client has inspected the installation and given written notice to the Contractor within two (2) days after delivery that the goods do not comply with the relevant specifications or descriptions, the goods are deemed to have been accepted in good order and condition.

 

1. SITE

   1. Materials delivered to site become the responsibility of the Client. The Contractor accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.

   2. The client warrants the site is free of underground problems including waste materials, pipes, cables, stumps, sewage and land drains, foundations and sub-structures of former buildings or other hazards/obstructions except those which are reasonably apparent by inspection of the site prior to the date of the Contract. Where problems are found underground the contractor shall be entitled to charge for additional work necessary and properly executed by the Contractor to complete the work.

   3. The Contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by improper use.

   4. We ask the Client to ensure there is adequate access to the site e.g that all vehicles and other obstacles are removed, that gates, doorways and passageways are clear of obstruction and unlocked. That neighbours are notified where access is required to carry out the work. We also request that all dog mess be cleared from the site. If the works cannot be carried out the team will leave the site and you may still be charged.

   5. Should additional work arise due to unknown or undisclosed structures such as those outlined in clause 6.2 above, then the Contractor may be required to add additional labour to the project or extend the project timelines. This will impact the costs associated with the project which will be reviewed and agreed with the Client before proceeding further.

   6. We ask for parking permits (if required) or parking costs for the trades attending the job site in connection with the works and these costs will be charged in addition to the Contract sum on completion of the works.

 

1. DELAY/DISRUPTION

   1. The Contractor undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the Contractor incur any liability to the client for any untimely performance.

   2. The Contractor shall not be held responsible for any delays caused by weather which make Contract execution impossible.

 

1. CANCELLATIONS

   1. No Contract may be cancelled, modified or deferred without the prior written consent of the Contractor (which is at the Contractor’s sole discretion). If such consent is given it is, at the Contractor’s discretion, subject to the Contractor being reimbursed all losses, including loss of profits and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).

 

1. RISK AND INSURANCE

   1. The services are entirely at the risk of the Client. The Client must at its own expense, maintain the goods and insure them for the benefit of the Contractor against theft, breakdown, fire, water and other risks as from the moment delivery to the Client and until handover of the goods has passed to the Client.

 

1. WARRANTY / LEGAL

10.1           All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer. On discovery of any defect in the Goods, the Client must immediately notify the Contractor in writing of such defect. The Client must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Contractor to do so. The provisions of any act or law (including but not limited to the Trade Practices Act 1974)  implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law. The Client expressly acknowledges and agrees that it has not relied upon and the Contractor is not liable for any advice given by the Contractor, its employees, agents/sub-contractors or representatives in relation to the suitability for any purpose of the Goods.

 

10.2           The Contractor accepts no liability for any negligent act, omission, or any default under this contract, unless specifically agreed in writing.

 

10.3           Any structural or appearance of finished features is at the discretion of the Contractor, unless agreed in writing by the Client or agent prior to the start of the works. Where a written specification for the appearance of a feature is provided to the Contractor, it is the responsibility of the Client or agent to request a small sample of the finished works prior to the start of that specific feature. The Contractor is not liable for any works necessary as a consequence of such an omission. This applies to both Client and agent.

 

10.4           The Contractor shall have lien (the right to retain goods and securities in our possession that belong to another until full payment of all monies have been made. The Contractor shall have free access to enter the site to remove such goods and materials.

 

10.5           The Contractor cannot accept liability for any defects to the works caused by drought, landslip, tree root damage, water deprivation and sever weather conditions.

 

1. FORCE MAJEURE

   1. The Contractor will not be liable for any breach of Contract due to any matter or thing beyond the Contractor’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.

 

1. ACTING SUB-CONTRACTORS

   1. The Contractor has no responsibility or liability for structural considerations, appearance of finish features or overall management of works where an outside party has provided advice, drawings, works or supervision, unless agreed in writing prior to start of contract. It is the responsibility of the sub-contractor to bring these terms of business to the attention of the Client.

 

1. SCAFFOLDING

   1. Must be provided for any works above two (2) metres. Payment required upon completion of invoice unless otherwise arranged.

 

1. MATERIALS ON SITE

22.1           Materials delivered to site become the responsibility of the Client. The Contractor accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.

 

22.2           Any materials brought to, or removed from the site, excess to the Contractor’s requirements remains the possession of and removable by the Contractor who shall have the right to enter the site for that purpose.

 

1. WEED GROWTH IN MULCH

   1. The Contractor cannot warranty against weed growth in much or topsoil beds, due to the germination of dormant seeds prevalent in the soil.

 

1. GARDEN CARE

   1. It is the responsibility of the Client to carry out care of newly installed plants and lawn and no responsibility for plants and lawn will be taken by the Contractor once the works have been completed. The plants used have no specific guarantee from the suppliers once they leave their nurseries.

 

1. MAINTENANCE AFTER COMPLETION

18.1           The Contractor undertakes to execute the scope of this Contract. The proper maintenance of the site however passes to the Client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the Contractor.

 

1. PROMOTION

   1. The Client hereby authorises the Contractor to take photographs of the Client’s property for the use of promoting the Contractor’s Services at the Contractor’s discretion and grants the Contractor the sole right in the intellectual property of any such photographs.