These Terms & Conditions govern the relationship between The Garden Establishment Company (TGEC) and the Client in connection with the supply of Garden Design and Installation Services.

 

1. Definitions and Interpretation

1.1. “Additional Items” means any services of a type and nature not expressly referred to in the Quote.
1.2. “Agreement” means the documents comprising the Quote and these Terms and Conditions.
1.3. “Business Day” means any day other than Saturday, Sunday, or public/statutory holidays in Queensland.
1.4. “Contract Sum” means the total amount specified in the Quote.
1.5. “Client” means the individual(s) or company identified in the Quote.
1.6. “Person” includes individuals, corporations, and other legal entities.
1.7. “Quote” means the document titled “Quote” provided by TGEC.
1.8. “Services” means the design and/or installation services as described in the Quote.
1.9. “Site” means the premises at the address specified in the Quote.
1.10. Headings are for convenience only and do not form part of these Terms.
1.11. Singular includes plural and vice versa.

2. Acceptance and Engagement

2.1. The Client is deemed to have accepted both the Quote and these Terms and Conditions by:

2.1.1. Responding via email or signed acceptance to TGEC, and

2.1.2. Paying any deposit specified in the Quote.

3. Quotations and Prices

3.1. TGEC will outline the scope of Services and the estimated cost in the Quote.
3.2. TGEC is under no obligation to commence Services until the Quote and Terms and Conditions have been accepted and any deposit paid.

4. Validity and Variations in Price

4.1. Prices quoted are valid for 30 days from the date of the Quote.
4.2. TGEC reserves the right to vary the Quote if:

4.2.1. The Client provides incomplete or inaccurate information;

4.2.2. Delays occur due to the Client (exceeding 30 days);

4.2.3. Pre-existing site conditions impede progress;

4.2.4. The Client requests Additional Items; or

4.2.5. There are circumstances beyond TGEC’s control.

4.3. Unless expressed otherwise, quoted prices include GST

5. Additional Items

5.1. If the Client requests Additional Items and TGEC agrees, such items will form part of the Services and be charged:

5.1.1. As per a written quotation provided in advance; or

5.1.2. At TGEC’s standard rates if no prior quote is provided.

5.2. Any services not specified in the Quote will be treated as Additional Items.

6. Terms of Payment

6.1. A deposit of 50% of the Contract Sum is payable prior to commencement of Services (unless otherwise stated).
6.2. The remainder of the Contract Sum and the cost of any Additional Items are due within seven (7) days of the invoice date.
6.3. Overdue amounts may attract:

6.3.1. Interest at 2% per month on the unpaid balance;

6.3.2. Recovery of collection costs, including debt collection and legal fees.

7. Limitation of Liability

7.1. Statutory obligations are excluded to the extent permitted by law.
7.2. To the maximum extent permitted by law:

7.2.1. TGEC will not be liable for indirect or consequential losses, including loss of profit, income, or reputation;

7.2.2. TGEC’s total liability will be limited to the Contract Sum;

7.2.3 TGEC is not liable for any representations not expressly contained in the Quote.

8. Suspension or Termination by TGEC

8.1. TGEC may suspend or terminate Services by written notice if:

8.1.1. Payment (deposit or invoice) has not been received as required;

8.1.2. The Client becomes insolvent, bankrupt, or enters liquidation or receivership; or

8.1.3. The Client materially breaches these Terms and fails to remedy the breach within 14 days of written notice, or it's an irremediable breach.

8.2. Suspension or termination does not affect TGEC’s accrued rights.

9. Variation or Termination by the Client

9.1. The Client may cancel or vary the Agreement only with TGEC’s written consent.
9.2. TGEC may require compensation reflecting expenses incurred up to the point of cancellation or variation.

10. Privacy

10.1. The Client authorizes TGEC to collect, retain, use, and disclose information about the Client in accordance with applicable privacy laws Privacy Act 1988 (Cth).

11. Dispute Resolution

11.1. Parties agree to attempt to resolve disputes within 10 Business Days of written notice.
11.2. If unresolved, parties may proceed to mediation or litigation, subject to applicable laws in Queensland.

12. Governing Law

12.1. This Agreement is governed by the laws of Queensland, Australia, and parties submit to the non-exclusive jurisdiction of its courts.

13. Client Responsibilities

13.1. The Client is responsible for obtaining any required permits, site surveys, approvals, or government consents at their own cost.

14. Severance

14.1. If any provision of The Agreement is invalid or unenforceable, it may be severed without affecting the enforceability of the remaining provisions.

15. Entire Agreement

15.1. This Agreement constitutes the entire agreement between TGEC and the Client, superseding prior negotiations or representations.
15.2. Neither party has relied on any representation not included in this Agreement.

16. Guarantee

16.1. The individual signing on behalf of the Client guarantees payment of all monies under this Agreement, including all monies owing to TGEC are paid in full, even after termination.

17. Notices

17.1. Notices are valid if:

17.1.1. Delivered in person; or

17.1.2. Sent by email with confirmation of receipt; or

17.1.3. Delivered by prepaid post to the address in the Quote.