EVERGREEN INFRASTRUCTURE – TERMS AND CONDITIONS
These are the Supplier’s (“we” or “our”) standard Terms and Conditions which will apply
to every contract when you as the Client engage the Supplier to perform its Services.
1.1 The Supplier is EVERGREEN INFRASTRUCTURE (ACN 120 627 830) of PO Box 392 Hawthorn 3122 in the State of
1.2 The Client is the party who has placed an Order for Services from the Supplier.
1.3 The Order is any written or verbal request to the Supplier by the Client for the provision of Services and includes the written
or verbal acceptance of any Quotation for Services issued by the Supplier
1.4 The Services include the provision of horticultural services, landscape design, consultation and construction services, garden
management and maintenance and any Additional Services by the Supplier to the Client.
1.5 Additional Services includes, but is not limited to, variations, amendments, and any additional visits by the Supplier after
provision of the Services.
1.6 The Premises are the land or land and buildings where the Services are to be carried out.
1.7 The Price for the Services is the amount specified in any Quotation, verbal or written communication or Invoice to the Client
1.8 Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or
reputation; iii) any loss of value of intellectual property.
1.9 Major failure is Services that are unsafe and/or substantially unfit for normal purpose and cannot reasonably be made fit
within a reasonable time.
1.10 GST refers to Goods and Services Tax under the Goods and Services Act 1999 (“GST Act”) and the terms used herein have
meanings contained within the GST Act.
2.1 These Terms and Conditions together with any Order constitutes a valid binding and he entire agreement between the
Supplier and the Client and can only be amended by them in writing.
2.2 All prior discussions and negotiations are merged within this agreement and the Supplier expressly waives all prior
representations made by him or on his behalf that are in conflict with this agreement in any way.
2.3 These Terms and Conditions are binding on the Client, his heirs, assignees, executors, trustees and where applicable, any
liquidator, receiver or administrator.
2.4 In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and
words importing persons shall apply to corporations.
2.5 Where there is more than one Client then each of them shall be jointly and severally liable to the Supplier.
2.6 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable then the validity, existence,
legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending
provision shall be deemed as severed from these Terms and Conditions.
2.7 The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that
provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
2.8 The Client acknowledges that the Supplier may detail these Terms and Conditions on its website and those Terms and
Conditions apply to any future dealings between the Client and the Supplier.
2.9 Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the
Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.
3. QUOTATIONS & PLACEMENT OF ORDERS
3.1 Any written or verbal Quotation given by the Supplier shall expire thirty (30) days after the date of the Quotation.
3.2 Orders placed by the Client with the Supplier will be considered valid when placing the Order verbally and/or in writing or
by signing or otherwise accepting the Quotation.
3.3 All prices are based on taxes and statutory charges current at the time of the Quotation. Should these vary during the period
from the date of the Quotation to the date of the Invoice, then he difference will become the responsibility of the Client and
the Client will be invoiced for the extra charge by the Supplier.
3.4 The Supplier also reserves the right to charge for additional costs such as machine hire and labour in the event that it
enounters any tree stumps that have not been removed correctly and require the use of an excavator/stump grinder to remove
4.1 GST will be charged on the Services provided by the Supplier that attract GST at the applicable rate.
4.2 The Supplier reserves the right to change the Price in the event of a variation to the Client’s Order, and notice of the change in
Price will be provided in writing by the Supplier within a reasonable time.
4.3 At the discretion of the Supplier, all Orders may be subject to the payment of a deposit of up to fifty per cent (50%) of the
Quotation Price or provide for periodic progress or ‘interim’ payments to be made at specified intervals or points in time
without prejudice to any rights conferred to the Supplier by the Building and Construction Industry Security of Payments Act
5. PROVISION OF SERVICES
5.1 The Supplier shall be entitled to exercise its discretion as to the most appropriate and effective manner of providing the
Services and of satisfying the Client’s expectations of those Services.
5.2 The Supplier will use its best endeavours to comply with all reasonable directions of the Client as to the nature and scope of
the Services provided.
5.3 The Supplier does not warrant that it will be capable of providing the Services at specific times requested by the Client.
Unless otherwise specified the Services are provided during normal working hours (07:30 to 16:00 hours). Should the Client
require work to be completed outside of, or safe access to the Premises is denied during normal working hours then additional
charges may apply.
5.4 The Supplier may agree to provide Additional Services at the request from the Client and shall be entitled to make an
5.5 The Client covenants that he is either the owner of the Premises or acting with authority of the owner and grants full access
to the Supplier to the Premises, and any necessary essential services, resources, equipment, materials and information, to
enable it to carry out the Services.
5.6 The Client shall supply water and/or electricity and toilet facilities adjacent to the work site at the Premises to enable
provision of the Services at no costs to the Supplier.
5.7 The Supplier will not be held responsible for any delay due to inclement weather or failure of the Client to provide required
access to the Premises or changes requested to be made by the Client and/or in any circumstances beyond the Supplier’s
5.8 Other than those permits specified as being the responsibility of the Supplier, the Client is responsible to obtain all necessary
permits and to mark out the site at the Premises for the provision of the Services.
5.9 The Supplier may license or sub-contract all or any part of its rights and obligations under this agreement without the Client’s
consent but the Supplier acknowledges that it remains at all times liable to the Client.
5.10 The Supplier warrants that it will maintain Public Liability Insurance cover for the provision of the Services with a maximum
coverage of $20,000,000 as well as a WorkCover certificate for eligible workers.
6. PAYMENT AND CREDIT POLICY
6.1 Clients must pay the Price of the Services to the Supplier in accordance with the Quotation and in any event within 7 days of
the date of the Invoice unless otherwise agreed in writing.
6.2 Credit will only be granted at the sole discretion of the Supplier which may be revised by the Supplier at any time and at its
6.3 The Supplier reserves the right to withdraw any credit granted upon any breach by the Client of these Terms of Conditions or
upon the Client ceasing to trade and/or being subject to any legal proceedings and/or committing an act of insolvency and all
monies owing to the Supplier shall become immediately due and payable.
6.4 The Supplier may, in its discretion, calculate interest at the rate of eight per centum (8%) per annum on all monies overdue by
Client to the Supplier to be compounded monthly.
6.5 If the Supplier does not receive payment of the Price when due under the Invoice or under any credit term granted by the
Supplier then Supplier may without prejudice to any other remedy forward the Client’s outstanding account to the debt
collection agency JMA Credit Control or Marc Preston & Associates, Lawyers, for recovery and the Client shall be liable for
the Supplier’s costs of recovery which would be incurred as if the debt is collected in full, including legal demand costs.
7. RISK AND LIABILITY
7.1 The Client will ensure that there is sufficient information provided to the Supplier to enable it to execute the Order and
acknowledges that it is responsible for ensuring that the Supplier is made aware of any special requirements pertaining to the
7.2 The Supplier takes no responsibility if the information or specifications supplied by the Client are wrong or inaccurate and the
Client will be liable for any costs and expenses incurred by the Supplier for any work required to rectify the Services.
7.3 The Supplier takes no responsibility for any accidental damage to underground or unseen services (i.e. water / gas pipes /
electric/ telephone / TV cables, etc.) that are not specifically marked prior to the Services commencing
7.4 The Client releases the Supplier from any direct, indirect, special or consequential loss or damages incurred as a result of any
delay, accidental damage to underground or unseen services or failure to provide the Services or to observe any of these
Terms and Conditions due to an event of force majeure or any cause or circumstance beyond the Supplier’s reasonable
7.5 The Supplier does not represent that it will deliver any Services unless it is included in the Quote.
7.6 The Client indemnifies and agrees to keep the Supplier indemnified against any and all claims for direct, indirect and/or
consequential damages or loss arising from or in connection with the provision of the Services including but not limited to
any feature or condition of the Premises howsoever caused, whether or not any such feature or condition is reasonably
obvious and/or whether the feature or condition is known or unknown to the Client or any of the Client’s servants or agents.
8.1 The Supplier warrants that the rights and remedies to the Client for warranty against defects in the Services in these Terms
and Conditions are in addition to other rights and remedies of the Client under any applicable Law in relation to the services
to which the warranty relates.
8.2 The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Competition and
Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.
8.3 The Supplier warrants that if any defect in the Services provided by the Supplier becomes apparent and is reported to the
Supplier within fourteen (14) days, the Supplier will remedy the defective Service.
8.4 The Supplier shall not be liable to compensate the Client for any reasonable delay in remedying the defective services or in
assessing the Client’s claim. The Client warrants that it shall use its best endeavours to assist the Supplier with identifying the
nature of the defective service claim.
8.5 To the extent permitted by law, the Supplier’s liability in respect of defective Services will be limited to:
8.5.1 The re-supply/rectification of the Services;
8.5.2 The payment of the cost of having the Services supplied again; or
8.5.3 The refund of the Price paid by the Client in respect of the Services.
9. TERMINATION AND CANCELLATION
9.1 The Supplier may cancel any Order at any time before payment is made by the Client by giving written notice to the Client.
On giving such notice the Supplier shall repay to the Client any sums paid in respect of the Price. The Supplier shall not be
liable for any loss or damage or indirect or consequential loss or damage whatever arising from such cancellation.
9.2 In the event the Order is subject to progress payments, the Supplier shall be entitled to suspend and/or cease the completion of
the Order if the Client’s progress payments are in arrears. The Supplier is entitled to recommence the provision of the
Services once the arrears are cleared and the progress payments are up to date.
9.3 Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order
of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become
immediately payable in the event that:
9.3.1. Any money payable to the Supplier becomes overdue; or
9.3.2. The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with
creditors, or makes an assignment for the benefit of its creditors; or
9.3.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or
any asset of the Client.
9.4 Any Order cannot be cancelled by the Client unless
Expressly agreed to by the Supplier in writing.
9.5 In the event that the Client cancels the supply of the Services, the Client shall be liable for any loss incurred by the Supplier
(including, but not limited to, any loss of profits) up to the time of cancellation.
10.1 The agreement between the Supplier and the Client shall be governed by the laws of the State of Victoria and the parties shall
submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
11. PRIVACY ACT 1988
11.1 The Client agrees;
11.1.1 For the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about
the Client in relation to credit provided by the Supplier.
11.1.2 That the Supplier may exchange information about the Client with those credit providers either named as trade
referees by the Client or named in a consumer credit report issued by a credit reporting agency.
11.1.3 The Client consent to the Supplier being given a consumer credit report to collect overdue payment on commercial
credit (Section 18K(1)(h) Privacy Act 1988).