Terms & Conditions

Terms & Conditions of Engagement

  • Estimates are based on advice from client and assessment of site, and allows for specific materials and labour time. If any additional labour time, materials or other Works arise from unexpected site conditions or altered Client requirements, they will be charged as Variations. If possible, extra charges for Variations will be confirmed with client prior to being completed. Variations are payable in full as executed, not on completion of main Project, unless agreed.
  • Estimates are valid for 3 months, after which Nature Coast Landscapes reserves the right to re-quote. Prices are subject to market increase and/ or error.
  • Progress Payment(s) are payable at times advised by Contractor, as per Project Works. All payments must be made on time in order for Works to proceed. Any Non-payment may result in ceased Works.
  • Due date for all outstanding payment is due in full upon completion of works i.e. final day of Project. Until full payment is made at completion of the Project, all structures and materials provided by the Contractor remain the property of Nature Coast Landscapes.
  • All payment claims are made under the Building and Construction Industry Security of Payment Act 1999 NSW. Construction work and services can be claimed under the Act even if the contract is not written and/or does not provide for progress payments with only a single payment to be made when work is completed.
  • If a payment claim is not paid by the due date, the Contractor has a right to claim interest at the rate set by Rule 36.7 of the Uniform Civil Procedure Rules 2005. The current rate is published on the NSW Local Court website.
  • All unused materials remain the property of the Contractor.
  • Unless specified, estimates do not include excavation into subterranean rock (or any other unexpected excavation issue requiring additional labour time or method). The necessity to excavate in such conditions will be charged as a Variation.
  • Clients are responsible for conducting 1100 ‘Dial Before You Dig’ enquiry prior to works, and provide results to Contractor. All care will be taken but no Contractor responsibility accepted for damage caused to (but not limited to): overhead lines, underground cables, pipes, water mains etc., concrete driveways or pathways e.g. by machinery etc. Where Client has not notified the Contractor of the existence of these in the Works area, any unplanned diversion/ repair will be at Client’s expense.
  • Structural Defect Warranty is not guaranteed where damaged by Client or by unapproved Client or Third Party alterations.
  • Materials quoted are subject to availability. Any substitutes necessary and resulting cost Variations will be communicated where possible prior to Works proceeding.
  • Commencement and Completion dates are subject to weather conditions, material availability & other unforeseen delays. Client understanding is appreciated.
  • In the event of any dissatisfaction the Client should notify the Contractor immediately to ensure rectification is possible during Works.
  • Client acceptance of the Terms and Conditions of the Agreement is ensured by signature at time of acceptance of Quote.