Last updated: April 2024 — Urban Landscaping & Fence Pty Ltd (ABN pending)
1. General Terms
These Terms and Conditions ("Terms") govern the provision of landscaping, fencing, and related services ("Services") by Urban Landscaping & Fence ("we," "our," or "the Company"), located at 39 Clare Crescent, Oakville NSW 2765, Sydney, Australia.
By engaging our Services, requesting a quotation, or entering into any agreement with us, you ("the Client") agree to be bound by these Terms. These Terms apply to all residential and commercial landscaping projects undertaken by the Company across the Greater Sydney area.
We reserve the right to update these Terms from time to time. Continued use of our Services after any modifications constitutes acceptance of the revised Terms.
2. Quotations & Pricing
All quotations provided by Urban Landscaping & Fence are free of charge and given in good faith based on our assessment of the project at the time of inspection.
Quotations are valid for a period of 30 days from the date of issue unless otherwise stated in writing.
Quoted prices include GST unless otherwise specified.
Prices are based on standard working conditions. Additional costs may apply for unforeseen circumstances including but not limited to: hidden underground services, rock removal, poor soil conditions, asbestos, or restricted access.
Any price variation will be discussed with the Client and agreed upon in writing before additional work commences.
We reserve the right to adjust pricing for materials subject to market fluctuations if the quotation acceptance exceeds the validity period.
3. Payment Terms
Payment terms are structured to ensure smooth project delivery and protect both parties:
Deposit: A deposit of up to 50% of the quoted project value is required upon acceptance of the quotation to secure your booking and order materials.
Progress Payments: For larger projects, progress payments may be required at agreed milestones throughout the project.
Final Payment: The remaining balance is due upon completion of the project, prior to our team leaving the site.
Payment Methods: We accept bank transfer, credit/debit card, and cash payments.
Late Payments: Overdue accounts may incur interest at a rate of 2% per month on the outstanding balance. We reserve the right to suspend works if payment milestones are not met.
4. Scope of Work
The scope of work will be clearly outlined in the accepted quotation or project agreement. Our Services include but are not limited to:
Merbau and composite decking installation
Pergola construction
Synthetic and natural grass supply and installation
Colorbond, timber, and bamboo fencing
Retaining wall construction
Pebble and paver installation
Water feature design and installation
Garden bed preparation and planter boxes
General landscaping and garden maintenance
Any work outside the agreed scope constitutes a variation and will be subject to additional charges as outlined in Section 9.
5. Warranties & Guarantees
Urban Landscaping & Fence stands behind the quality of our workmanship and materials:
Workmanship Warranty: We provide a 12-month warranty on all workmanship from the date of project completion.
Material Warranties: Manufacturer warranties apply to all materials used. We will provide warranty documentation where available.
Exclusions: Warranties do not cover damage resulting from misuse, neglect, natural disasters, failure to maintain as recommended, or unauthorised modifications by third parties.
Warranty Claims: To make a warranty claim, please contact us within the warranty period with photographs and a description of the issue. We will inspect and rectify any confirmed defects at no additional cost.
6. Limitation of Liability
To the maximum extent permitted by Australian Consumer Law:
Our total liability for any claim arising from the Services shall not exceed the total amount paid by the Client for the specific project in question.
We are not liable for any indirect, incidental, or consequential damages including loss of use, loss of profit, or damage to other property.
We carry comprehensive public liability insurance and workers' compensation insurance for the protection of our clients and employees.
The Client is responsible for ensuring that all underground services (water, gas, electricity, telecommunications) are appropriately marked prior to commencement of work. Urban Landscaping & Fence is not liable for damage to unmarked services.
7. Cancellation Policy
Cancellations made more than 7 business days prior to the scheduled start date may receive a full refund of the deposit, minus any materials already purchased or ordered.
Cancellations made within 7 business days of the scheduled start date will forfeit the deposit unless rescheduled to a mutually agreed date.
If we cancel or are unable to complete the project due to circumstances within our control, a full refund of any deposit or progress payments will be provided.
Weather-related delays are not considered cancellations. We will reschedule at the earliest available time at no additional cost.
8. Site Access & Preparation
The Client must ensure clear and safe access to the work site for our team and equipment on the scheduled dates.
Any pets should be secured and children should be kept away from the work area for safety.
If access is obstructed or the site is not ready, resulting in delays, additional charges may apply for return visits.
The Client is responsible for obtaining any necessary council permits or approvals unless otherwise agreed in writing.
We will take reasonable care to protect existing property and landscaping during the project, but some incidental damage may occur. We will discuss this with you during the planning phase.
9. Variations
Any changes to the agreed scope of work must be documented in writing and agreed upon by both parties before additional work commences.
Verbal agreements for additional work are not binding and may lead to disputes.
Variations may affect the project timeline and total cost. We will provide a written variation quote for your approval.
Emergency variations (e.g., unforeseen underground issues) will be communicated immediately with a verbal agreement followed by written confirmation within 24 hours.
10. Dispute Resolution
In the event of a dispute arising from or in connection with these Terms or our Services:
Both parties agree to first attempt to resolve the dispute through direct negotiation in good faith.
If the dispute cannot be resolved through negotiation within 14 days, the parties agree to participate in mediation before an independent mediator agreed upon by both parties.
If mediation is unsuccessful, either party may pursue the matter through the NSW Civil and Administrative Tribunal (NCAT) or the appropriate court of law.
These Terms are governed by the laws of New South Wales, Australia.
11. Privacy Policy
Urban Landscaping & Fence is committed to protecting your privacy and personal information in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs).
Information We Collect
We may collect the following personal information:
Name, address, phone number, and email address
Property details relevant to the landscaping project
Payment information for invoicing purposes
Photographs of the project site (with your consent)
Communication records and project correspondence
How We Use Your Information
To provide, manage, and deliver our landscaping services
To communicate with you about your project and provide quotations
To process payments and maintain financial records
To improve our services and customer experience
To comply with legal and regulatory requirements
Information Sharing
We do not sell, trade, or rent your personal information to third parties. We may share your information with:
Our subcontractors and suppliers directly involved in your project
Our accountant or bookkeeper for financial record-keeping
Legal authorities when required by law
Data Security
We take reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access. However, no data transmission over the internet or electronic storage method is 100% secure.
Your Rights
You have the right to:
Access and update your personal information held by us
Request deletion of your personal information (subject to legal obligations)
Opt out of marketing communications at any time
Lodge a complaint with the Office of the Australian Information Commissioner (OAIC) if you believe your privacy has been breached
Cookies & Website Analytics
Our website may use cookies and third-party analytics tools (such as Google Analytics and Facebook Pixel) to improve user experience and understand visitor behaviour. You can manage cookie preferences through your browser settings.
12. Contact Us
If you have any questions about these Terms & Conditions or our Privacy Policy, please contact us: