CLIENT SERVICE TERMS & CONDITIONS
These Terms & Conditions govern the relationship between the Parties.
These Terms & Conditions are read in conjunction with the quote provided to you at the time of providing these terms & conditions (Quote)
1. Parties
You are the client, and your details are set out in the Quote.
AND –
Alderson Botanics Pty Ltd (ACN: 695 909 963) t/a Alderson Plant Supply of 59 Shearson Crescent, Mentone, Victoria, 3194 (ABN: 43 695 909 963).
Alderson Plant Supply offers plant sourcing services for landscape designers and architects, which includes advice, guidance and delivery services tailored to client needs and requirements. You have engaged Alderson Plant Supply to provide the services outlined in the Quote (Services).
By continuing to work with Alderson Plant Supply after receiving these terms and conditions, you accept the terms and conditions and agree to the below (Terms & Conditions).
2. The Engagement
2.1. Commencing the Services
(a) Alderson Plant Supply will commence the Services and place orders in accordance with the Quote once accepted by You, in accordance with any timeframes included in the Quote, or as otherwise agreed between the parties, provided that these Terms & Conditions are accepted by You and where applicable, payment of any deposit.
(b) Once the Services have commenced and a Quote has been accepted, the acceptance is then treated as an order, and any changes requested will be treated as a variation request in accordance with clause 2.6 below.
(c) The Services are non-refundable.
2.2. Term and Completing the Services
(a) Subject to the availability of plants that are ordered, Alderson Plant Supply will use its best endeavours to complete the Services by any Completion Date included in the Quote or as otherwise agreed between the parties (Term).
(b) If Alderson Plant Supply anticipates any delays to the Completion Date, Alderson Plant Supply will inform You as soon as possible and alternative arrangements are made by agreement.
(c) You acknowledge and agree that Alderson Plant Supply is not responsible or liable in any way for delays with delivery or supply shortages of plants that are ordered.
(d) Alderson Plant Supply may contract any part of the Services to a third party without your prior consent. If Alderson Plant Supply does engage a third party to perform part of the Services, Alderson Plant Supply will remain responsible to you for any such work undertaken by a third party.
2.3. Delivery and Site Visits
(a) Where delivery of orders is included in the Services, delivery will be completed on days and within hours to be agreed between the parties in writing.
(b) You agree to ensure that Alderson Plant Supply has access to the relevant premises (Site), and You agree to arrange personnel to be available on Site to accept deliveries, as required by Alderson Plant Supply . Specific days and times for Site access will be discussed with you as required. If Site access is not available when required, additional costs may be payable by You for the additional time required to return to the Site to complete the Services.
2.4. Stoppages and Delays
(a) If the Services and/or Completion Date are delayed as a result of unforeseen circumstances or causes beyond Alderson Plant Supply’s control, including but not limited to: not having Site access, supply shortages of plants that have been ordered, delivery delays, pests, a pandemic, political or civil disturbances or inclement weather; You agree that:
i. You will not have any claim against Alderson Plant Supply for damages or otherwise; and
ii. Alderson Plant Supply will be entitled to a fair and reasonable extension of time for the completion of Services to be agreed by the parties in writing.
(b) In general, You agree that delays to the Services may lead to extra costs being incurred due to additional hours worked and revisits by Alderson Plant Supply. Where applicable, invoices will be issued accordingly.
(c) If delays are incurred for reasons other than anything to do with Alderson Plant Supply , additional costs for holding any plants or products with third parties (for example, nurseries) may be payable by You.
(d) Any delays or additional work required to be undertaken by Alderson Plant Supply in connection with delays of any kind will be payable by You at the rate of $75 + GST per hour.
3. Fees and Payment
(a) You agree to pay Alderson Plant Supply the amount/s set out in the Quote (Fees).
(b) Where applicable, You agree to pay a 50% deposit upon acceptance of the Quote to secure Alderson Plant Supply ’ Services or other deposit as agreed.
(c) If Alderson Plant Supply requests progress payments, an invoice will be issued, and You agree to pay any and all invoices within 7 days of an invoice being issued.
(d) If invoices for progress payments are not issued, then the final amount due will be payable within 7 days of the issue of the final invoice.
(e) You acknowledge and agree that if You do not pay an invoiced amount in full within 7 days, You will be liable to pay to Alderson Plant Supply interest on all amounts outstanding at the rate of 5% calculated daily.
(f) You further acknowledge and agree that if You default on any payments due and payable under Terms & Conditions, any costs incurred by Alderson Plant Supply for steps taken to enforce payment terms will be recoverable and payable by You.
(g) All invoices are required to be paid by the method prescribed in each invoice.
4. Goods and Services Tax
Unless otherwise stated, all amounts expressed and described on or in connection with these Terms & Conditions and Quote are listed in Australian Dollars (AUD) and are GST exclusive.
5. Services Warranties
Alderson Plant Supply ' Services come with guarantees that cannot be excluded under the Australian Consumer Law.
6. Disclaimer
Although Alderson Plant Supply makes every effort to give You the desired result, no specific result can be guaranteed.
7. Your Responsibilities
You must provide required information, site access and follow Alderson Plant Supply advice.
8. Intellectual Property
All intellectual property remains the property of Alderson Plant Supply .
9. Termination of Agreement
Either party may terminate in accordance with the notice periods set out in these Terms & Conditions.
10. Force Majeure
Alderson Plant Supply is not liable for delays due to circumstances beyond its control.
11. Liability and Waivers
Alderson Plant Supply ’s liability is limited to resupply of the Services.
12. Dispute Resolution and Mediation
Disputes must be referred to mediation before legal proceedings.
13. General Matters
These Terms & Conditions are governed by the laws of Victoria, Australia.
