These apply to all quotes and projects of Living Waters Landscape Construction.

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1. Quote Validity. All quotes are valid for 30 days from the date of issue unless withdrawn earlier in writing. After 30 days, pricing, material availability and timelines may be subject to review and adjustment.

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2. Acceptance & Payment. Acceptance of the quote constitutes acceptance of these Terms & Conditions. A project booking is confirmed only upon receipt of:

• Required deposit (as applicable under Clause 3)
• Signed acceptance of the quote

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3. Deposits & Contract Classification

3.1 Non-Domestic Building Work. For works not classified as domestic building work under Victorian legislation: A 10% booking deposit is required. The deposit secures scheduling, administration, supplier engagement and preliminary planning.

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4. Cancellation

4.1 Cancellation 15 Days Before Start. Deposit refunded within 30 days minus a $100 administration fee.

4.2 Cancellation 14 Days or Less Before Start. Deposit forfeited. Additional payments will be assessed based on:

• Materials ordered
• Supplier deposits
• Administrative costs
• Works already undertaken

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5. Scope of Works. Works will be carried out strictly in accordance with the written quote and attached documentation. Items not expressly included are excluded. Client-elected exclusions are not covered by contractor responsibility or warranty.

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6. Variations. All client-requested variations must be submitted in writing and approved by the Contractor in writing prior to implementation. All variation requests are subject to site assessment and feasibility review by the Contractor. The Contractor reserves the right to refuse any variation where, in its reasonable opinion:

• The variation is not structurally feasible;

• The variation is inconsistent with site conditions or dimensions;

• The variation would compromise safety, integrity or compliance;

• The variation cannot be accommodated due to stage of construction;

• The variation would require unreasonable dismantling or reconstruction of completed works.

 

Where a variation cannot reasonably be accommodated, the originally approved scope of works will proceed.

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Approved variations may result in:

• Additional cost
• Extension of time
• Design adjustment

No variation is binding unless confirmed in writing by the Contractor. For domestic building work, variations must comply with statutory requirements.

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7. Site Conditions & Latent Conditions. Discovery of latent conditions including:

• Rock shelf
• Unstable soil
• Undisclosed services
• Stormwater issues
• Structural instability

 

May result in:

• Additional cost
• Scope revision
• Extension of time

Such conditions do not constitute contractor defect or delay.

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8. Design Interpretation & Tolerances. Final dimensions may vary slightly due to site conditions and structural integration. Reasonable industry tolerances apply. Minor variance does not constitute defective workmanship.

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9. Materials & Natural Products

Natural materials vary in:

• Colour
• Size
• Texture
• Shape
• Structural movement

 

Natural variation does not constitute defect. The Contractor does not manufacture materials or products supplied as part of the works. Where materials or products supplied are subject to manufacturer warranties, those warranties will apply in accordance with the manufacturer’s terms and conditions. Nothing in this agreement excludes or limits the Client’s rights under the Australian Consumer Law. To the extent permitted by law, the Contractor’s liability for defective goods supplied is limited to:

• Repair or replacement of the goods; or

• The reasonable cost of repair or replacement,

and excludes liability for indirect or consequential loss.

 

The Contractor may require that any manufacturing defect be assessed and confirmed by the relevant supplier or manufacturer prior to replacement.

 

10. Access & Protection of Works

The Client must ensure:

• Clear and safe site access
• Pets secured
• Children supervised
• Utilities located and disclosed

The Contractor is not responsible for:

• Damage caused by third parties
• Client interference
• Use of incomplete works
• Damage due to failure to protect completed works

Unless agreed in writing, protection, curing and maintenance of completed works following installation are the Client’s responsibility.

 

11. Delays & Extensions of Time

11.1 General Delays.

The Contractor is entitled to extensions of time for:

• Weather
• Supplier shortages
• Public holidays
• Client delays
• Latent conditions
• Variations
• Access issues

Timeframes are estimates only.

 

11.2 Client-Prepared Works. Where the Client agrees to complete site preparation works prior to commencement (or in between stages) and such works are incomplete or inadequate upon arrival, the Contractor may:

• Delay commencement
• Reschedule to the next available booking
• Charge call-out fee of $500
• Charge standby time of $500 per pay
• Treat as client-caused delay
• Undertake works as a variation

Such delay does not constitute contractor breach.

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12. Suspension for Non-Payment. If any payment is not made by the due date, the Contractor may, upon written notice:

• Suspend the works immediately;
• Secure the site in its current condition;
• Remove equipment from site;
• Extend the completion date by the period of suspension plus reasonable remobilisation time;
• Recover all reasonable costs associated with suspension, delay and remobilisation.

The Contractor is not liable for:

• Deterioration of works during suspension;
• Damage caused by weather during suspension;
• Delay resulting from suspension.

Interest will accrue on overdue amounts at 10% per annum, calculated daily from the due date until payment is received.

 

13. Practical Completion. Practical Completion occurs when the works are substantially complete and capable of being used for their intended purpose, despite minor defects or omissions. Minor items do not entitle the Client to withhold payment.

 

14. Risk & Title. Risk in materials passes upon delivery to site. Ownership of materials remains with the Contractor until full payment is received. The Contractor may recover unpaid materials in accordance with law.

 

15. Change of Mind Once materials are ordered or installed, or works are underway or complete:

• Labour costs are non-refundable
• Materials are non-refundable
• Removal or alteration is chargeable

 

16. Maintenance Responsibilities. The Client is responsible for ongoing maintenance, including but not limited to:

• Watering and turf care
• Timber sealing
• Drainage maintenance
• Soil settlement monitoring
• Cleaning and sealing of stone

Natural movement, settlement, minor cracking or colour variation are not defects.

 

17. Rectification Process. The Client must:

1. Notify in writing

2. Allow inspection

3. Allow reasonable opportunity to rectify

Rectification applies to defective workmanship only.

 

18. Limitation of Liability. Nothing excludes rights under the Australian Consumer Law. To the extent permitted by law:

• Liability is limited to rectification of defective workmanship
• Total liability is capped at the contract price
• Indirect or consequential loss is excluded

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19. Dispute Resolution. Parties agree to:

1. Raise concerns in writing

2. Allow inspection

3. Attempt good faith resolution

Where domestic building work applies, disputes may proceed through: Domestic Building Dispute Resolution Victoria, and if required: Victorian Civil and Administrative Tribunal

 

20. Force Majeure. The Contractor is not liable for delay or failure due to events beyond reasonable control.

 

21. Privacy Client information handled in accordance with the Privacy Act 1988 (Cth).