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Terms of Trade

Due North Gardens

Due North Gardens
  1. This website is managed by Valley of the Waters Pty Ltd ATF the MJM Cottam Trust, trading as Due North Gardens.

  2. These terms and conditions form part of the quotation and works conducted by Due North Gardens to its clients.

  3. Full payment is required 7 days from invoice date. Invoices paid past the due date will incur a late service fee of 20% per month. We reserve the right to vary the 7 day terms and request payment on the day of completion of the work onsite with a merchant terminal or via invoice payment online. 

  4. It is the right of Due North Gardens to review prices  for regular services on an annual basis and increase price without notice.

  5. Access to your property. It is the responsibility of the client to ensure access to the area. This includes side gate/s being unlocked. If the gardener is unable to reach the client within 15 minutes of arrival, the client agrees to pay a call out fee of $250. A new agreed time to visit can be scheduled.

  6. If electrical power is required to operate equipment then the client agrees to provide access to a power outlet.

  7. The client must ensure that any information provided to us including contact details is accurate.

  8. Work completed on a timed hourly basis is rounded off to the nearest 30 minutes.

  9. For quotations less than $1,200, the client may cancel a visit more than 24 hours prior to an agreed visit day. If the client cancels within 24 hours of the scheduled visit or access to the site is restricted, the client agrees to pay an amount equal to 50% of the quoted value including GST. No deposits are usually required where the quotation is less than $1,200. Due north may at their discretion vary the the no deposit requirement and instigate a deposit on a case by case basis.

  10. Quotations with a value over $1,200 but less than $3,000 require a deposit of 30% upfront prior to booking the service date. 

  11. Quotations over $3,000 require a 50% deposit upfront prior to booking the service date. 

  12. If the client chooses to cancel or postpone the pending works any deposits paid are non refundable.

  13. Hard litter and animal droppings. There will be a safety surcharge equal to 50% of the value of the quoted price if there are animal droppings or hard litter left on lawns, which has to be removed by the gardener. It is at the discretion of the gardener to refuse to do the job if there are too many droppings or hard litter. The 50% surcharge will still apply if the gardener refuses to do the job. 

  14. All pets (including dogs) are to be removed from the service area during work by the client.

  15. Clothes on the washing line. It is strongly recommended that the client remove all washing from clothes lines that are within the services area. Due North Gardens is not responsible for any soiling or damage to clothes left on washing lines. This includes displacement of pegs sitting in baskets near clothes lines.

  16. Vehicles on clients premises. If the client leaves a motor vehicle on the driveway or near a service area, lawn or garden, Due North Gardens is not responsible for any damage done to the vehicle and any debris that impacts the vehicle, whilst conducting works onsite. It is strongly recommended that all vehicles are stored either in a garage or in the street away from the service area during work.

  17. It is the clients responsibility when mowing lawns to ensure the site is clear before the scheduled visit including seats, garden settings and pots are removed from the lawn area.

  18. Green waste falling into pools. Trimming, pruning and mowing can sometimes lead to green waste entering a client's pool. Every effort by Due North Gardens to remove green waste from swimming pools will be made. However, some green waste may remain upon completion of the works. It is the responsibility of the client to immediately remove any green waste remaining, including inspecting pool filters and surface cleaners for any green waste that may have clogged them. It is agreed that Due North Gardens is not responsible for any damage done to pool filters and cleaning apparatus caused by green waste from works carried out.

  19. Planting in and around pool safety fences. Due North is not liable for any breech of pool safety guidelines including planting in and around pool safety fences and non climbable zones. Any design advice acted on including planting of plants in the pool area by Due North is the responsibility of the client to ensure pool compliance with council and NSW Government standards or regulations.

  20. Excess leaves falling in the service area. All plants including deciduous trees drop leaves on lawns, garden beds, driveways and drains. Management of and removal excess leaves incurs an additional cost to clean up and manage. When mowing lawns clean up of excess leaves is not included in the standard quotation and will require additional management with a supplementary cost over the existing quotation as agreed with the client.

  21. Extra long lawns. Lawns that have have grown 5cm above the root zone take longer to cut and will incur a 100% charge over and above the original quotation amount.

  22. Plant roots within the vicinity of or on top of pipes. Removal of plants including roots within the vicinity of plumbing pipes including pool filter, storm or sewerage pipes and mains water pipes may be damaged when removing the plant. All care will be taken to remove plants carefully, however it is the responsibility of the client to make good any damage done to pipes.

  23. On occasion plants agreed upon in the design and subsequent quotation are not available due to supply issues. Every effort will be made to procure the exact plant choice including plant height as per the design and quotation. In the event that plants specified are not available then a similar plant will be supplied. The client agrees to any variations in plants chosen versus the original quotation.

  24. Plant heights specified in the quotation are approximate and can vary up to 30cm from what has been specified. This will depend on stock availability.

  25. Digging holes to position plants that are obstructed by either hidden roots, rock or concrete footings. If Due North is planting plants as per quotation and cannot dig down into soil due to roots, rock or concrete footings, the client agrees to pay a quotation variation to remove the obstacle. This variation will be advised to the client at the time of works. If the obstacle cannot be removed as confirmed by Due North e.g large concrete footings, the client will agree that the affected plant cannot be positioned and will still pay the originally quoted price in full.

  26. You shall indemnify and keep us indemnified in respect of all claims and demands against us arising out of, in connection with, or relating to any loss, injury, expense or damage, including any special, consequential or indirect damages, arising howsoever in relation to the provision of our services, any delay in performance or completion of the work or a breach of these terms by you. If we become liable to you for loss or damage of any kind arising out of these terms and/or the provision of our services, our liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. This applies whether our liability is in contract, tort (including negligence), under any law or otherwise.

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