Terms and Conditions - Landscapers Bayswater

Welcome to Landscapers Bayswater. By engaging our services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully before proceeding.

1. Introduction

These Terms and Conditions outline the rules and regulations for the use of Landscapers Bayswater's services. By accessing and hiring our services, you accept these terms in full. Do not continue to use our services if you do not agree with all of the terms and conditions stated on this page.

2. Definitions

Client: The individual or entity engaging our landscaping services.
Services: All landscaping and maintenance tasks provided by Landscapers Bayswater.
Agreement: The contract between the Client and Landscapers Bayswater outlining the scope of services and terms.

3. Scope of Services

Landscaping Bayswater offers a variety of services including, but not limited to:

Garden design and installation
Lawn maintenance and care
Tree and shrub planting
Hardscaping services such as pathways and patios
Seasonal clean-ups

4. Pricing and Payment Terms

All prices are quoted in Australian Dollars (AUD) and are subject to change based on the scope of work and material costs. Payment terms are as follows:

A deposit of 30% is required upon agreement signing.
The remaining balance is due upon completion of the services.
Payments can be made via bank transfer, credit card, or other agreed-upon methods.

Late payments may incur additional fees as outlined in the invoice.

5. Scheduling and Cancellation

Clients must provide at least 7 days notice for any cancellations or rescheduling of services. In the event of a late cancellation, a fee of 20% of the total service cost may apply.

5.1. Rescheduling

We strive to accommodate your scheduling needs; however, services are subject to availability.

6. Client Responsibilities

The Client agrees to:

Provide access to the property as required.
Ensure that the work area is free from obstructions.
Communicate any specific requirements or preferences clearly.
Obtain any necessary permissions or permits for the proposed work.

7. Warranties and Guarantees

Landscapers Bayswater provides a 30-day guarantee on all workmanship. This guarantee covers defects arising from our services. It does not cover damage caused by external factors such as weather, pests, or improper maintenance by the Client.

7.1. Limited Warranty

Any claims under the limited warranty must be made in writing within the guarantee period. We reserve the right to inspect the work before any warranty claim is honored.

8. Liability Limitations

Landscapers Bayswater is not liable for any indirect, incidental, or consequential damages arising from the use of our services. Our total liability will not exceed the amount paid by the Client for the specific service in question.

8.1. Insurance

We maintain appropriate insurance coverage to protect against potential liabilities. However, Clients are responsible for their own property insurance.

9. Termination

Either party may terminate the Agreement with written notice under the following conditions:

Material breach of the Agreement by either party.
Inability to perform services due to unforeseen circumstances.

In the event of termination, the Client is responsible for payment for all services rendered up to the termination date.

10. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Western Australia. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts in Western Australia.

10.1. Dispute Resolution

Both parties agree to attempt to resolve any disputes amicably before seeking legal action. Mediation may be pursued as a first step in dispute resolution.

11. Amendments

Landscapers Bayswater reserves the right to amend these Terms and Conditions at any time. Clients will be notified of any significant changes, and continued use of our services constitutes acceptance of the updated terms.

12. Confidentiality

All information exchanged between the Client and Landscapers Bayswater is considered confidential. We commit to not disclosing any proprietary or personal information without explicit consent, except where required by law.

12.1. Data Protection

We adhere to applicable data protection laws to ensure the security and privacy of Client information.

13. Intellectual Property

Any designs, plans, or materials created by Landscapers Bayswater remain the intellectual property of the company. Clients are granted a non-exclusive license to use these materials for personal use only.

13.1. Usage Restrictions

Clients may not reproduce, distribute, or create derivative works from our intellectual property without written permission from Landscapers Bayswater.

14. Force Majeure

Landscapers Bayswater is not liable for any failure to perform obligations under these Terms and Conditions due to events beyond our reasonable control, including but not limited to natural disasters, war, or pandemics.

14.1. Notification

In the event of a force majeure, we will notify the Client as soon as possible and make reasonable efforts to reschedule services.

15. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such invalidity will not render the entire agreement unenforceable. The remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Client and Landscapers Bayswater regarding the services provided and supersede all prior agreements, understandings, or representations.

16.1. No Waiver

Failure to enforce any part of these Terms and Conditions does not constitute a waiver of our right to enforce them in the future.