Terms of service
The terms on which AV Landscape Pty Ltd quotes for and carries out landscaping work, and the terms on which you may use this website.
1. About these terms
These terms apply to services supplied by AV Landscape Pty Ltd (ABN 88 700 032 908, ACN 700 032 908), a company registered in Western Australia, and to your use of the website avlandscapetec.site. In these terms, “we”, “us” and “our” mean AV Landscape Pty Ltd, and “you” means the person or entity engaging us or using this site.
Where we give you a written quotation or scope of work, that document and these terms together form our agreement. If there is any inconsistency, the written quotation prevails to the extent of the inconsistency. Nothing in these terms limits rights you have that cannot be limited by law.
2. Quotations and acceptance
A quotation is an offer to carry out the scope described in it, at the price stated, and is valid for 30 days from its date unless it says otherwise. Prices are based on the site as inspected and on material costs at the date of the quotation.
A quotation is accepted when you tell us in writing that you accept it, or when you pay a deposit against it. Once accepted, the scope in the quotation is the work we are contracted to perform. Anything not listed in the scope is not included.
3. Site conditions and variations
Landscaping works uncover things that cannot be seen from the surface. If, after work starts, we encounter conditions that a reasonable inspection would not have revealed — such as rock or limestone shelf, buried rubble or fill, contaminated material, unmarked services, tree roots, unstable ground, or existing structures not built as they appear — we will stop, tell you, and give you a written variation setting out the additional work and cost before we continue.
You may also request a variation. No variation is binding until it is agreed in writing by both of us. Agreed variations may change both the price and the completion date.
Locating underground services is your responsibility as the property owner or occupier to the extent that records exist; we will make reasonable enquiries and take reasonable care, but we cannot be responsible for damage to services that were not marked, recorded or disclosed to us.
4. Site access and your responsibilities
You agree to give us safe and clear access to the property during agreed working hours, including access for machinery, deliveries and skip bins where the scope requires it. You agree to tell us about any hazard, easement, restriction, strata rule or local government requirement affecting the site that you are aware of.
Where the work requires a permit, an approval, an engineering certificate or a neighbour's consent — for example, some retaining walls, boundary works or verge works — we will tell you what we understand to be required. Unless our written scope says that we will obtain it, obtaining the approval is your responsibility, and we are not liable for delay or cost caused by an approval that is not in place.
Pets, vehicles and personal property should be kept clear of the work area while we are on site.
5. Prices and payment
Unless the quotation states otherwise, prices are in Australian dollars and include GST. A deposit may be required before work is scheduled, and progress claims may be issued at agreed stages for larger projects.
Invoices are payable by the date shown on the invoice. If an amount is not paid by then, we may suspend further work on reasonable notice and recover reasonable costs of recovery permitted by law. Title in any material supplied by us passes to you only when we have been paid in full for it; risk in that material passes on delivery to the site.
6. Timing, weather and supply
Any start or completion date we give is an estimate made in good faith. Landscaping is weather-dependent, and work may be paused for heavy rain, extreme heat, high wind or unsafe ground conditions. We will keep you informed and reschedule as soon as it is practicable.
We are not liable for delay caused by matters outside our reasonable control, including weather, supplier shortages, plant availability, utility works, restrictions on water use, industrial action, or the acts and omissions of other trades on site.
7. Plants, turf and establishment
Plants and turf are living material. We select healthy stock, prepare soil and install irrigation in accordance with the agreed scope, and we will replace plant or turf material that fails because of a defect in our workmanship or in the stock we supplied.
We cannot be responsible for plant or turf failure caused by circumstances after handover that are outside our control, including watering that does not follow the schedule we provide, changes to or faults in an irrigation system we did not install or maintain, pets, pests, disease, vandalism, extreme weather events, or landscaping changes made by others.
Where a maintenance or establishment period is included in the scope, its length and what it covers are set out in the quotation.
8. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For services, you are entitled to have services supplied with due care and skill, fit for the purpose you told us about, and supplied within a reasonable time. For goods, you are entitled to have goods of acceptable quality that match their description.
For a major failure with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for the reduction in value of the services provided compared with the price paid. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.
For goods, if there is a major failure you may reject the goods and choose a refund or a replacement, or seek compensation for any drop in value. If the failure is not major, you are entitled to have the goods repaired or replaced.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
9. Limitation of liability
Subject to clause 8, and to the extent permitted by law, our liability for a failure to comply with a guarantee that can be limited is limited, at our option, to resupplying the services, paying the cost of having the services resupplied, replacing the goods, or paying the cost of replacing the goods.
To the extent permitted by law, our total aggregate liability arising out of or in connection with the works is limited to the amount you have paid us under the relevant quotation, and we are not liable for indirect or consequential loss, loss of profit, loss of use or loss of opportunity.
These limits do not apply to liability for death or personal injury caused by our negligence, for fraud, or to any other liability that cannot be limited under Australian law.
10. Intellectual property
We retain copyright and all other intellectual property rights in the designs, site plans, sections, planting schedules, specifications, drawings and documents we produce, and in the content of this website, including its text, layout, code and drawings.
On payment in full of the fees relating to a design, you receive a non-exclusive, non-transferable licence to use that design to construct and maintain the landscape at the property it was prepared for. The design may not be reproduced for another site, resold, or issued to a third party for construction elsewhere without our written consent.
You may view, download and print pages of this website for your own use in connection with our services. You may not republish, sell or systematically copy the site's content without our written permission.
11. Cancellation and termination
You may cancel accepted works by written notice. If you cancel before work starts, we will refund your deposit less any costs we have reasonably and unavoidably incurred, including design time already performed, non-returnable materials and plant stock ordered specifically for your project. If you cancel after work has started, you remain liable for work performed and materials supplied to the date of cancellation.
We may suspend or terminate the works by written notice if you fail to pay an amount when due and do not remedy that within 14 days of notice, if safe access to the site is not made available, or if continuing would breach a law or an approval condition. Termination does not affect rights that have already accrued to either of us.
Where a right to cool off or to cancel applies under Australian law to the way a contract was entered into, that right applies in addition to this clause.
12. Website use
This website is provided for general information about our services. Descriptions of services, materials and methods are indicative, and are not a quotation, a design recommendation or professional advice for a particular site. Advice for your property is given only in a written quotation, scope or design prepared for it.
We take reasonable care to keep the site accurate and available, but we do not warrant that it will be uninterrupted or error-free. You must not attempt to interfere with the site or use it in a way that breaches any law.
13. Privacy
We handle personal information in accordance with our privacy policy, which forms part of these terms.
14. Notices
Notices under these terms may be given by email. Notices to us should be sent to [email protected]. Notices to you will be sent to the email address you last gave us. A notice sent by email is taken to be received on the day it is sent, unless the sender receives a delivery failure notification.
15. Governing law
These terms and any agreement between us are governed by the laws of the State of Western Australia and the Commonwealth of Australia as applicable. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and of the courts able to hear appeals from them.
16. General
If any provision of these terms is found to be unenforceable, it is severed and the remaining provisions continue in force. A failure by us to enforce a term is not a waiver of it. These terms, together with the accepted quotation, are the entire agreement between us about the works and replace any earlier discussion or representation.
We may update these terms from time to time. The version published on this page when you accept a quotation is the version that applies to those works.
17. Contact
Questions about these terms should be sent to [email protected], addressed to AV Landscape Pty Ltd, ABN 88 700 032 908, ACN 700 032 908, Western Australia.
Want these terms explained before you accept a quote?
Ask us. We would rather talk through the scope, the variations clause and the payment stages up front than after the excavator arrives.