Outdoor Essence – Terms & Conditions
1. Definitions
- “Company”, “We”, “Us”, “Our”: Outdoor Essence.
- “Client”, “Customer”, “You”, “Your”: the person(s) or entity entering into a contract with Outdoor Essence.
- “Contract”: includes quotes, invoices, order forms, or written variations between Outdoor Essence and the Client.
- “Site/Premises”: where work is performed.
- “Works/Services”: all design, supply, construction, and/or installation provided by us.
2. Agreement & Contract Formation
- These Terms apply to all quotations, orders, and contracts unless otherwise agreed in writing.
- Acceptance of a quote—whether in writing, verbally, by signing, or by deposit—constitutes agreement to these Terms.
- All measurements, materials, prices, and specifications are subject to final confirmation.
- The Contract is the entire agreement except as required under Australian Consumer Law (ACL).
3. Quotes & Pricing
- All quotes are valid for 30 days unless stated otherwise.
- Quotes may change after final site inspection, measure, or if the scope alters.
- Prices may adjust for unforeseen site conditions, timeline changes, or delays.
4. Payment Terms
- A fixed deposit of $1800 is required to secure any booking.
- 75% of the remaining contract value (after the $1800 deposit) is due at commencement of installation.
- Final 25% is due upon handover/completion.
- Late or outstanding payments may incur administration fees, interest charges, and collection costs.
- Outdoor Essence may suspend work or withhold materials until overdue amounts are paid.
- All materials remain the property of Outdoor Essence until full payment is received.
5. Delivery & Installation
- Any delivery or installation timeframes are estimates.
- We are not liable for delays from weather, supply shortages, council approvals, or events outside reasonable control (force majeure).
- The Client must provide clear, safe, and adequate site access.
6. Materials & Product Characteristics
- We source from reputable suppliers.
- Natural variations in materials (e.g., timber grain, colour) are not defects.
- We may repair, replace, or touch up materials if required.
7. Ownership & Risk
- Materials delivered to site are at the Client's risk.
- Title to materials transfers only after full payment.
- If payment is not made, Outdoor Essence reserves the right (with reasonable notice) to recover materials from the site.
- If the Client sells/transfers materials before completing payment, proceeds must be held in trust for Outdoor Essence.
8. Warranties & Guarantees
- 15-year structural guarantee on new structures (unless otherwise specified).
- 1-year installation/workmanship warranty.
- Manufacturer warranties apply as relevant.
- Warranties do not cover misuse, neglect, accidental or environmental damage, or third-party changes.
- All statutory guarantees under the ACL apply.
9. Variations
- Scope changes must be documented and approved in writing.
- Variations may impact price and/or timelines.
- Unknown site conditions (e.g., roots, rocks) may incur extra charges.
10. Site Safety & Access Requirements
- The Client must keep the site accessible, hazard-free, and clear.
- Outdoor Essence is not responsible for damage to gardens, lawns, or surfaces unless proven negligent.
- Remove pets, vehicles, and valuables from the work area.
11. Insurance
- Outdoor Essence carries public liability insurance.
- Clients should ensure their property insurance is adequate during works.
12. Approvals, Permits & Regulations
- If included, Outdoor Essence will assist with approvals (e.g., council permits).
- The Client must supply accurate information for applications.
- We are not liable for delays or refusals by councils or regulatory bodies.
13. Cooling-Off & Cancellation
- Clients may use any cooling-off rights provided by law.
- After cooling-off, cancellation may result in charges for completed labour, materials ordered, admin, and restocking fees.
- Delays or changes by the Client after commencement may incur additional fees and time adjustments.
14. Privacy & Credit Information
- Personal info is collected solely for providing services and managing contracts, and in compliance with the Privacy Act 1988 (Cth).
- Credit checks may be performed for payment plans or finance.
15. Termination of Contract
- Outdoor Essence may terminate if the Client fails to pay, obstructs access, or breaches key contract terms.
- Termination requires payment for completed works, supplied materials, and any related costs.
16. Force Majeure
- Neither party is liable for delays/failures due to circumstances out of their control.
17. Dispute Resolution
- Both parties must first attempt good-faith resolution.
- If unresolved after 30 days, either may initiate mediation.
- Either party may seek urgent legal relief if required.
18. Notices
- All formal notices must be in writing (email or mail) to the contacts listed in the Contract.
19. General Provisions
- Invalid clauses don’t affect the remainder of these Terms.
- Outdoor Essence may subcontract works.
- These Terms may be updated; the version in your Contract applies.
20. Governing Law
- These Terms & Conditions are governed by the laws of the state where work is performed.