Client Construction
Terms & Conditions

Last updated 06/2024


Concepts & Construction Pty Ltd trading as Final Design Landscapes
ABN 23 644 032 057
Client Terms and Conditions for Landscape Construction

1. DEFINITIONS

Contractor means Concepts & Construction Pty Ltd trading as Final Design Landscapes ABN 23 644 032 057.

Client means the person, company, trust or entity requesting the Works.

Works means all landscape construction, project management, hardscaping, softscaping, earthworks, structures and associated services supplied by the Contractor.

Site means the property where the Works are to be performed.

Variation means any change to the agreed scope of Works, whether requested by the Client or required due to site conditions.

Practical Completion means the stage at which the Works are substantially complete and fit for their intended purpose.

Defects Liability Period means twelve (12) months from Practical Completion.

2. ACCEPTANCE

Acceptance of any quotation, proposal, estimate, invoice deposit, commencement of Works, or instruction to proceed constitutes acceptance of these Terms and Conditions.

3. SCOPE OF WORKS

The Contractor shall carry out the Works in accordance with the accepted quotation, plans, specifications and approved Variations.

The Client acknowledges that all dimensions, quantities and site conditions are subject to verification.

4. ACCESS TO SITE

The Client shall provide unrestricted access to the Site during normal working hours.

The Client shall ensure all necessary approvals, easements, permissions and consents required for the Works have been obtained unless expressly agreed otherwise.

Any delays caused by restricted access, unavailable services, neighbour disputes, authorities or the Client shall entitle the Contractor to additional time and costs.

The Client shall provide access to the garage for storage of Tools & Materials for the duration of Works via key and/or garage door fob.

The Client shall make sure the site is free from animal excrement during the duration of Works.

The Client shall make sure the site is free from, but not limited to; furniture, pots, toys, play equipment, bicycles, waste et al. during the duration of Works.

5. VARIATIONS

No Variation shall be binding unless approved by the Contractor.

Variations may arise due, but not limited to:

-Client requests;
- Latent site conditions;
- Authority requirements;
- Unavailable materials;
- Safety requirements;
- Engineering requirements;
- Changes in site conditions;
- Changes in design;
- Changes in material specification;
- Changes to quantities;
- Works by others;
- Unforseen circumstances.

Variations may result in additional costs and extensions of time.

The Contractor may issue a Variation Notice and proceed where necessary to protect persons, property or the Works.

Variation Orders are categorised by Compulsory or Optional based on the type of Variation.

6. PAYMENT TERMS

Invoices are payable within seven (7) days from the invoice date unless otherwise agreed in writing.

Failure to make payment by the due date constitutes a substantial breach of contract.

The Contractor will issue a courtesy invoice payment reminder sent out one day after the invoice due date.

Subsequent invoice payment reminders are sent out every seven days from the invoice due date until the invoice is paid in full and occur a $10 late payment fee per payment reminder issued which is added to the overdue invoice total.

The Client shall reimburse all debt recovery, legal and collection costs incurred in recovering outstanding monies.

7. SUSPENSION OF WORKS

If any invoice remains unpaid after its due date, the Contractor may immediately suspend the Works upon written notice.

The Contractor shall not be liable for any delay resulting from such suspension.

Any costs associated with demobilisation, remobilisation, material price increases, subcontractor rebooking costs or programme delays arising from suspension shall be payable by the Client.

Works will recommence only after all outstanding amounts have been paid in full.

8. PRACTICAL COMPLETION

The Contractor may declare Practical Completion when the Works are substantially complete notwithstanding minor defects or omissions which do not prevent normal use.

The Client shall not unreasonably withhold acceptance of Practical Completion.

9. DEFECTS LIABILITY

The Contractor shall rectify defects resulting from defective workmanship within twelve (12) months of Practical Completion.

This clause does not apply to:

  • Softscaping failure caused by lack of maintenance; introduced pest, disease or otherwise;

  • damage caused by third parties;

  • normal settlement;

  • fair wear and tear;

  • misuse;

  • weather events;

  • irrigation tampering or misuse;

  • acts of God.

10. DELAYS

The Contractor shall be entitled to extensions of time for delays caused by:

  • weather;

  • labour shortages;

  • material shortages;

  • authority approvals;

  • latent site conditions;

  • Client instructions;

  • Variations;

  • events beyond the Contractor's control.

No claim shall arise against the Contractor for such delays.

11. WARRANTIES

The Contractor warrants that all Works shall be carried out in a proper and workmanlike manner and in accordance with applicable Australian Standards.

Manufacturer warranties are passed directly to the Client where applicable.

No warranty applies to Softscaping items such as Trees, Plants & Turf.

12. TITLE TO MATERIALS

Ownership of all materials supplied remains with the Contractor until full payment of all monies owing has been received.

The Contractor reserves the right to recover materials where legally permitted.

13. LIMITATION OF LIABILITY

The Contractor's liability shall be limited to rectification of defective workmanship.

The Contractor shall not be liable for indirect, consequential or economic loss including loss of profits, loss of use or business interruption.

14. TERMINATION

The Contractor may terminate the Contract immediately if:

  • the Client fails to pay any amount due;

  • the Client becomes insolvent;

  • the Client prevents access to the Site;

  • the Client commits a substantial breach.

Upon termination, all Works completed and materials ordered become immediately payable.

15. DISPUTE RESOLUTION

Any dispute shall first be referred to good-faith negotiations.

If unresolved within fourteen (14) days, either party may refer the dispute to mediation.

Failing mediation, the dispute may be referred to arbitration in accordance with the Commercial Arbitration Act 2012 (WA).

16. GOVERNING LAW

This Contract shall be governed by the laws of Western Australia.

17. ENTIRE AGREEMENT

These Terms and Conditions form the entire agreement between the Contractor and the Client and supersede all prior discussions, representations and agreements.






End of Client Construction Terms and Conditions
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