Terms and Conditions

1. Definitions

In these Terms and Conditions:

• "We", "us", "our" refers to Realityscapes CBR (ABN 66 481 745 785)
• "You", "your", "Customer" refers to the person or entity engaging our services
• "Services" means landscaping, softscaping, garden design, turf installation, planting, and related services
• "Site" means the property where Services are to be performed
• "Quote" means our written quotation for Services
• "Agreement" means the acceptance of our Quote together with these Terms and Conditions

2. Application of Terms

These Terms and Conditions apply to all Services provided by us. By accepting a Quote or allowing us to commence work, you agree to be bound by these terms. These terms prevail over any conflicting terms proposed by you unless we agree otherwise in writing.

3. Quotations and Acceptance

• Quotations are valid for 30 days from the date of issue unless otherwise stated
• Quotations are based on our site inspection and information you provide
• All prices include GST unless otherwise stated
• Acceptance occurs when you sign our Quote, make a deposit payment, or allow us to commence work
• We reserve the right to withdraw or amend a Quote before acceptance
• Quotations are not transferable to other properties or customers

4. Variations to Work

If you request changes to the Services, or if unforeseen circumstances require changes:

• We will provide a written variation quote for approval
• Additional costs will be clearly stated
• Work will not proceed with variations until you approve them in writing
• If Site conditions differ materially from our inspection, we may adjust pricing or scope
• We are not obligated to perform work outside the original Quote

5. Payment Terms

Unless otherwise agreed in writing:

• A deposit (typically 30-50% of the total) is required before work commences
• Progress payments may be required for projects exceeding $5,000
• Final payment is due upon completion of Services
• Payment methods include bank transfer, cash, or as otherwise agreed
• Overdue payments may incur interest at 10% per annum
• We reserve the right to suspend work if payments are not made as agreed

6. Access and Site Conditions

You must ensure:

• Safe and unobstructed access to the Site during agreed work hours
• Availability of water and electricity if required
• Removal or securing of any items that may hinder work
• Pets are secured away from the work area
• Notification of underground services, utilities, and irrigation systems
• All necessary approvals, permits, and consents are obtained

If access or Site conditions prevent us from completing work, we may reschedule or terminate the Agreement. You will be responsible for costs incurred to date.

7. Our Obligations

We will:

• Perform Services with reasonable care and skill
• Use materials and plants of acceptable quality
• Complete work within a reasonable timeframe or as agreed
• Remove all green waste and leave the Site clean and tidy
• Maintain appropriate insurance coverage
• Comply with all applicable laws and regulations
• Communicate any delays or issues promptly

8. Your Obligations

You must:

• Provide accurate information about the Site and your requirements
• Disclose any known issues with the Site (e.g., drainage problems, contaminated soil)
• Make timely payments according to the agreed schedule
• Follow maintenance and care instructions for plants and turf
• Notify us immediately of any defects or concerns
• Not interfere with our work or provide instructions to our staff

9. Delays and Force Majeure

We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including:

• Adverse weather conditions (rain, extreme heat, frost)
• Acts of God, natural disasters, or environmental events
• Government restrictions, lockdowns, or regulatory changes
• Supplier delays or material shortages
• Labour disputes or unavailability of personnel
• Unforeseen Site conditions or discovery of hazards

If such events occur, we will notify you as soon as practicable and use reasonable efforts to minimise delays.

10. Warranty

We provide the following warranties:

• Workmanship: 12 months from completion date
• Plants and Turf: 6 months from installation (subject to proper care)

Full warranty terms, conditions, and exclusions are detailed in our Warranty Policy. This warranty is in addition to your rights under the Australian Consumer Law.

11. Liability and Indemnity

To the extent permitted by law:

• We maintain public liability insurance and take reasonable care to prevent damage
• We are not liable for pre-existing Site conditions, hidden defects, or damage caused by third parties
• We are not responsible for damage to underground services if you fail to notify us of their location
• Our liability is limited to the cost of re-performing the Services or refunding the relevant portion of payment
• We are not liable for indirect, consequential, or economic losses

Important: Nothing in these terms limits or excludes any rights or remedies you have under the Australian Consumer Law or other legislation that cannot be limited or excluded.

12. Intellectual Property

All designs, plans, and concepts we create remain our intellectual property unless otherwise agreed in writing. You may use designs for the specific project at the Site but may not reproduce, modify, or use them for other purposes without our permission.

13. Cancellation and Termination

14. Privacy

We collect and handle your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. We use your information only to provide Services and for related business purposes. We do not sell or share your information with third parties except as required to provide Services or comply with legal obligations.

15. Dispute Resolution

If a dispute arises:

1. You must first contact us to attempt to resolve the matter informally
2. If unresolved, either party may refer the dispute to mediation
3. Mediation will be conducted in accordance with the Resolution Institute Mediation Rules
4. Each party will bear their own costs of mediation
5. If mediation is unsuccessful, either party may commence legal proceedings

16. General Provisions

• Governing Law: These terms are governed by the laws of the Australian Capital Territory
• Severability: If any provision is invalid or unenforceable, the remaining provisions continue in effect
• Entire Agreement: These terms and the Quote constitute the entire agreement between us
• Amendments: Changes must be agreed in writing and signed by both parties
• Assignment: You may not assign your rights or obligations without our written consent
• Notices: Notices must be in writing and sent to the addresses in the Quote

17. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a remedy if the Services are not provided with acceptable care and skill, or are not fit for purpose. If the failure is major, you are entitled to cancel the contract and obtain a refund or to compensation for the reduced value. You may also be entitled to compensation for any other reasonably foreseeable loss or damage.

Nothing in these Terms and Conditions limits or excludes any rights you have under the Australian Consumer Law or other legislation that cannot be lawfully limited or excluded.