Terms & conditions.

1. Application and consumer rights

These terms apply to services supplied by Nanak Landscaping ACT (“we”, “us”) to the customer (“you”). They form part of your agreement when supplied to you before acceptance of our quotation.

Nothing in these terms excludes, restricts or modifies rights, guarantees, warranties or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation. If these terms conflict with a mandatory legal requirement, that requirement prevails.

2. Quotations and pricing

Written quotations are valid for 7 calendar days from the issue date, unless stated otherwise.

Itemised prices exclude GST unless labelled otherwise. The quotation separately shows GST and the total price including GST.

Online prices rely on the measurements, selections and site information you provide. Items marked “site quote”, “assessment required” or “excluded” are not included in the displayed total.

An accepted quotation will not be increased without an agreed variation or another lawful entitlement.

3. Acceptance and scope

You may accept a quotation by written confirmation or through our website’s acceptance process. Acceptance covers the identified scope, price and terms provided before acceptance.

We will not treat unauthorised commencement of work as your acceptance.

We may decline work before acceptance where it is unsafe, unlawful or impractical. If such issues arise after acceptance, we will discuss lawful alternatives, suspension or cancellation with you.

4. Deposits and payment

Our standard deposit is 50% of the total accepted quotation, including GST, payable before commencement. Where applicable law requires a lower deposit, the lawful amount applies and the payment schedule will be confirmed in writing.

The remaining balance is payable upon completion of the agreed work, unless a different payment schedule is agreed in writing. This does not remove any lawful right to dispute a charge or seek a remedy.

Website deposits are payable by bank transfer using the account details and reference supplied. Other payment methods are available only by prior agreement.

Selecting “I have made payment” or “Payment transferred” reports a transfer; it does not confirm receipt. We confirm payment after verifying that the funds have arrived.

Your work date will be confirmed separately after deposit verification and any necessary approvals.

5. Overdue payments

If payment is overdue, we will contact you and provide written notice identifying the outstanding amount.

These standard terms do not impose automatic late-payment interest. Any interest or recovery costs must have a lawful basis, be reasonable and be disclosed and agreed where required. We will not charge arbitrary penalties or recover the same loss twice.

6. Materials and substitutions

We will supply the materials specified in the accepted quotation.

If a specified material becomes unavailable, we will seek your written approval for a substitute and any resulting price or timing change before proceeding.

Ownership of identifiable, uninstalled materials supplied by us remains with us until paid for, to the extent permitted by law. This does not authorise entry onto your property or removal of installed materials without lawful authority.

Surplus materials purchased by us remain ours unless the quotation states otherwise. This does not apply to customer-supplied materials or materials expressly sold to you as separate quantities.

7. Access and site information

You must provide reasonably safe access, permission to enter the work area, and relevant site information known to you.

Please disclose access restrictions, boundaries, easements, drainage concerns, concealed structures and known hazards.

If unexpected conditions affect the work, we will explain the issue and seek agreement to any necessary variation before incurring additional charges, except where immediate action is reasonably necessary to address a safety emergency.

8. Variations

Changes to the agreed scope, materials, measurements or specifications must be recorded and agreed in writing before the additional work proceeds.

The variation should identify the work, price adjustment, GST and any effect on completion dates. An updated quotation or written email agreement may record the variation.

9. Timing and delays

We will carry out the work within the agreed timeframe or, where no timeframe is agreed, within a reasonable time.

Weather, material availability, access problems or unforeseen conditions may affect scheduling. We will notify you of significant delays, take reasonable steps to minimise their effect and discuss a revised schedule.

A delay does not automatically entitle us to additional payment or remove your statutory rights.

10. Workmanship and statutory guarantees

Our services must meet applicable Australian Consumer Law guarantees, including due care and skill and, where applicable, fitness for a disclosed purpose.

Applicable statutory building warranties also remain in force. Your rights are not limited to three months or made conditional on full payment.

Please notify us of workmanship concerns as soon as reasonably practicable so we can investigate and provide any remedy required by law.

Any additional voluntary warranty will be supplied separately with its scope, claim procedure and legally required information.

11. Plants, natural turf and living materials

We will supply plants and natural turf that meet the agreed specifications and applicable consumer guarantees at installation.

Aftercare, including watering and maintenance, becomes your responsibility after handover unless otherwise agreed. We will provide relevant care instructions.

We are not responsible for deterioration to the extent caused by inadequate aftercare, misuse, pests, third parties or environmental conditions outside our responsibility. This does not exclude responsibility for defective supply, unsuitable recommendations, improper installation or other failures for which we are legally responsible.

12. Liability and insurance

Each party remains responsible for loss or damage for which it is legally liable.

We will take reasonable care to protect the site and existing property. These terms do not impose a blanket exclusion of liability for negligence, foreseeable loss recoverable under consumer law, or other liability that cannot lawfully be excluded.

Details of our public liability insurance can be requested before work begins. Insurance does not replace your contractual or statutory rights.

13. Cancellation and refunds

Please notify us in writing if you wish to cancel.

Where you cancel for reasons other than exercising a statutory or contractual cancellation right, we may seek reasonable, substantiated losses lawfully recoverable because of the cancellation. These may include work already performed and genuinely non-recoverable material or supplier costs.

We will take reasonable steps to minimise losses, account for avoided costs, returns and reusable materials, and provide an itemised explanation. Any remaining deposit will be refunded.

There is no automatic 25% cancellation charge or blanket forfeiture of the deposit. Your statutory cancellation and refund rights remain unaffected.

14. Photography and marketing

We may take photographs reasonably necessary to document site conditions, progress and completed work, subject to applicable privacy requirements.

We will obtain your separate permission before using identifiable photographs of your property for marketing. Marketing permission is optional and is not a condition of receiving our services.

15. Complaints and dispute resolution

Please send concerns to nanaklandscapingact@gmail.com, including your quote or invoice reference and relevant details or photographs.

We will acknowledge the complaint and make reasonable efforts to resolve it promptly. Where appropriate, the parties may agree to mediation.

You do not lose your rights by failing to complain within seven days. This process does not prevent either party from contacting a regulator, seeking urgent relief or using a tribunal or court.

16. Health and safety

We and our subcontractors must comply with applicable workplace health and safety requirements.

You must disclose known hazards and keep children, visitors and pets away from restricted work areas. We may pause unsafe work while reasonable safety measures are arranged.

Nothing in these terms transfers our statutory safety obligations to you.

17. Approvals, boundaries and compliance

The quotation should identify who is responsible for obtaining required approvals, permits, engineering information and inspections.

Where you are responsible, approvals must be obtained before the affected work starts. We remain responsible for licences, compliance and other obligations that legally apply to our work.

We will not knowingly proceed with work requiring an approval that has not been obtained. Any related changes to scope, cost or timing must be addressed through the variation process.

18. Subcontractors

We may engage suitably qualified and, where required, licensed subcontractors.

Engaging a subcontractor does not remove our responsibility to you for our contractual obligations or applicable consumer guarantees.

19. Underground services and maintenance

You must provide available information about underground utilities and disclose private services known to you, including irrigation, electrical, gas and water lines.

We will take reasonable precautions appropriate to the work, including obtaining or checking service-location information where required. Missing or inaccurate information does not automatically exclude our liability; responsibility depends on the circumstances and applicable law.

Following handover, routine watering, fertilising, weeding, cleaning and maintenance are your responsibility unless a separate maintenance agreement applies. We will provide relevant instructions.

20. Events beyond reasonable control and governing law

If an event beyond a party’s reasonable control prevents or delays performance, that party must notify the other and take reasonable steps to minimise the impact.

The parties will discuss revised arrangements. This clause does not automatically permit retention of payments for work not supplied or remove lawful cancellation or refund rights.

ACT law governs the agreement to the extent permitted by law. Mandatory laws applying where the work is performed, including applicable NSW requirements, remain effective.

Terms supplied after acceptance, including terms printed on a later invoice, do not retrospectively change the agreement without lawful agreement.