Terms & Conditions

BAYSIDE TREES AND PALMS
(BTP)
Terms and Conditions
 
1. BTP will carry out the works set out in the Quotation on the terms and conditions provided here under and the Client has read and agrees to the Terms and Conditions

2. The price for the works shall be that set out in the quotation. Any variation or additional works shall attract further charge. The only circumstances where a variation to terms will apply is where BTP has expressly agreed in writing to such variation. If there is any conflict with our terms of trade these will take priority over any other terms of trade.

3. The Quotation shall remain valid for a period of 30 days from the date listed on the Quotation.

4. Acceptance of a Quotation given via
e-mail should be dated and signed by the Client or the Client’s representative.

5. Any legal titles and ownership of property are assumed to be held by the Client unless BTP is advised otherwise. It is the Client’s responsibility to ensure any permits required to access and carry out works on the property are given, in writing to BTP by the legal owner of the property prior to works commencing.

6. The Client warrants that the property/project are not in violation of any applicable codes, ordinances or other government regulations. Any council permits required for works to be carried out are to be obtained by the Client and provided to BTP prior to works commencing.

7. All due care has been taken by BTP to ensure information has been obtained from reliable sources, however, BTP can neither guarantee nor be responsible for the accuracy of the information provided by the aforementioned sources.

8. BTP undertakes to deliver material to the kerb alignment adjacent to the site requested and the delivery vehicle will only enter the site area to facilitate unloading at the Client’s risk and responsibility. In the event of any such entry, BTP, its Servants, Agents and Contractors shall not be liable in any way or manner what so ever for any loss or damage or injury caused to, or sustained by any person or persons and arising out of and in any way connected with such entry, and BTP, its Servants, Agents and Contractors shall at all times be indemnified and be kept indemnified in respect thereof.

9. BTP does not accept responsibility for damage to underground services unless the Client provides the details of the location of such services prior to work commencing.

10. BTP shall be under no liability whatsoever for the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by BTP of this agreement.

11. In the event of any breach of this agreement by BTP the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of BTP exceed the price of the works.

12. All bookings are subject to weather conditions, inclement weather may result in bookings being rescheduled. Whilst every effort is made to anticipate weather related cancellations BTP may need to reschedule bookings without prior notice. BTP will not be liable for any failure or delay caused by force majeure, inclement weather or any other delay outside the control of BTP.

13. Cancellation of bookings must be made at least 24 hours prior to scheduled commencement. If no notice is given and a truck presents to the site, a minimum call out fee of $543.00 will be incurred by the Client.

14. All accounts are to be paid in full upon completion of works unless other arrangements have been made prior to commencing.

15. Ownership of goods does not pass until goods have been paid for in full.

16. When in a event a quote from BTP has been accepted by owner of property, third party or bodycorporate and job acceptance date have been arranged client. If in any circumstance job gets cancelled client will be liable for a percentage of 12% of complete quote.

17.  In the event that payment is not received when due, the Client shall pay interest on the overdue payment daily until the date of the actual payment at the rate of 16% per annum and shall be liable to BTP for costs and disbursements incurred by BTP in pursuing recovery of the debt including legal costs on an indemnity basis and any collection agency costs.

18.  Words denoting the singular shall include the plural and words noting the masculine shall include the feminine and vice versa. Where the Client consists of more than one person the persons shall be jointly and severally liable