Terms and Conditions

Green Outdoor Lawn Mowing & Gardening Services

ABN  26 694 585 369

TERMS AND CONDITIONS

These are the GO Lawn Mowing & Gardening Services (“we” or “our”) standard Terms and Conditions which will apply to every contract when you as the Customer engage the GO Lawn Mowing & Gardening Services to perform its services. When providing our services, we may also need to supply product/s.

Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage, and use of the details you provide when engaging us to provide our service.

The GO Lawn Mowing & Gardening Services reserves the right to amend these Terms and Conditions from time to time at their discretion. Any changes made in such revision take immediate effect once the Customer is notified of such a change.

ENGAGEMENT

  1. The GO Lawn Mowing & Gardening Services represents and warrants that the GO Lawn Mowing & Gardening Services has all the necessary skills, knowledge, experience, and expertise to perform the services and will perform the service in a proper and competent manner.
  2. The GO Lawn Mowing & Gardening Services holds all necessary licences and permits required to allow the GO Lawn Mowing & Gardening Services to perform the services. Where there are any applicable industry standards and codes, they will always be complied with by the GO Lawn Mowing & Gardening Services.  The GO Lawn Mowing & Gardening Services and all the GO Lawn Mowing & Gardening Services’ employees and permitted sub-GO Lawn Mowing & Gardening Services are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the service to the required standards and codes.
  3. If an event occurs that is beyond the reasonable control of the GO Lawn Mowing & Gardening Services which prevents the GO Lawn Mowing & Gardening Services from performing the service on or by the date agreed, the GO Lawn Mowing & Gardening Services will immediately notify the Customer and give an estimate of the time for completion of the service.
  4. The GO Lawn Mowing & Gardening Services will provide all equipment and all materials as may be necessary to perform the service properly and efficiently. Unless otherwise agreed in writing all materials including products supplied will be new and of high-quality fit for their purpose. All GO Lawn Mowing & Gardening Services equipment will be safe for use, be properly maintained and capable of being used to carry out the service.
  5. If the Customer requires a variation to the service, the GO Lawn Mowing & Gardening Services will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Customer. If the Customer does not accept the quotation, the GO Lawn Mowing & Gardening Services is not obliged to carry out the variation.
  6. The GO Lawn Mowing & Gardening Services may use sub-GO Lawn Mowing & Gardening Services to provide any of the service. In such circumstances, the GO Lawn Mowing & Gardening Services will ensure that:
  • the sub-GO Lawn Mowing & Gardening Services so engaged are suitably qualified, hold all necessary licences and are otherwise able to perform the service in a proper and workman-like manner;
  • the sub-GO Lawn Mowing & Gardening Services so engaged do not by act or omission do or not do anything that would if done or not done by the GO Lawn Mowing & Gardening Services be a breach any of these terms.
  • the sub-GO Lawn Mowing & Gardening Services so engaged have current or necessary insurances.
  1. The GO Lawn Mowing & Gardening Services is solely responsible for all fees payable to sub-GO Lawn Mowing & Gardening Services.

ACCEPTANCE OF THESE TERMS

  1. Any act by the Customer or those legally acting on behalf of the customer which requests the GO Lawn Mowing & Gardening Services to begin performing any services or providing any materials will be deemed as acceptance to these Terms and Conditions.
  2. Once these Terms and Conditions are accepted, they are irrevocable and cannot be amended without the written consent of the GO Lawn Mowing & Gardening Services.
  3. In the event there is more than on party as a Customer to these Terms and Conditions, all Customers will be jointly liable for these Terms and Conditions.
  4. Should the Customer cancel the engagement of the GO Lawn Mowing & Gardening Services after it has been accepted, the Customer agrees they may be held liable for any costs incurred by the GO Lawn Mowing & Gardening Services in relation to the provision of the services and/or provision of products up to the point of cancellation.
  5. The Customer has 24 hours from receiving the confirmation text to cancel the service or make changes. Less than 3 days’ notice for service cancellation or on the day cancellation will attract full charge of the service which was to be delivered.
  6. If the Customer does not provide unencumbered access to the Premises for Green Outdoor to provide the Service, the Customer agrees to pay a fee equivalent to time of the Service (inclusive of GST) for administrative and travel costs.
  7. The Customer must inform Green Outdoor of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Gardener within 24 hours of completion of the Service.

QUOTES, INVOICES AND PAYMENT

  1. A quote provided by the GO Lawn Mowing & Gardening Services will remain valid for fourteen days. On expiry of that period, if the Customer wishes to proceed a new quote will need to be provided prior to the GO Lawn Mowing & Gardening Services undertaking the service.
  2. The Customer agrees to pay the price quoted by Green Outdoor in full prior to or at the Service Time, unless otherwise agreed in advance with Green Outdoor. If no payment has been made by the Service Time, Green Outdoor will use reasonable endeavors to contact the Customer for payment. In the event that Green Outdoor cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause.

  3. The Customer must provide GO Lawn Mowing & Gardening Services with 3 working days’ notice prior to the Service Time, if they wish to once-off cancel or reschedule a recurring service agreement.

  4. In the event that such notice has been given, GO Lawn Mowing & Gardening Services will endeavour to reschedule the Service if required.

  5. In the event that the Customer does not provide 3 days’ notice prior to the commencement of the Service, the Customer agrees to pay fees equivalent to the scheduled service time (inclusive of GST) for administrative costs and loss.

  6. The Customer will pay the GO Lawn Mowing & Gardening Services’ fee on completion of the service. The price includes GST and is the full amount which the Customer will pay for the service.
  7. The GO Lawn Mowing & Gardening Services will issue a tax invoice for the service setting out the service performed, including any variation, the date the service was performed. The tax invoice will also separately identify all expenses and any GST payable. This tax invoice will include the final price for the services performed and any goods provided, this price may vary from the quoted price at the discretion of the GO Lawn Mowing & Gardening Services
  8. Payment of the GO Lawn Mowing & Gardening Services’ tax invoice should be made in the following manner: Credit card, cheque, electronic transfer to the GO Lawn Mowing & Gardening Services’ bank account or Cash.
  9. Where the Customer fails to pay any tax invoice on or before the due date, the Customer agrees that the GO Lawn Mowing & Gardening Services will add a late payment fee of $15 for the first month. Interest will be charged at a fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
  10. In the event the Customer defaults in payment of an invoice, the customer shall indemnify the GO Lawn Mowing & Gardening Services from any costs incurred by the GO Lawn Mowing & Gardening Services in recovering the outstanding amount, including but not limited to solicitors fees.
  11. The Customer is not to deduct any amount from any invoice owed to GO Lawn Mowing & Gardening Services.

Occupational Health and Safety/Workplace Health and Safety

26. The Customer will ensure that, if the service is to be performed on the Customer’s property, the Customer is authorised to occupy those premises and obtain the service.

27. The Customer will ensure that if the service is to be performed on the Customer’s property, that always the property is safe and that all facilities provided by the Customer for the purposes of enabling the service to be performed are also safe.

28. The Customer will ensure that the GO Lawn Mowing & Gardening Services will have unencumbered and unobstructed access to the area/s of the premises requiring the service.

29. The GO Lawn Mowing & Gardening Services will always ensure that in performing the service it uses safe and proper procedures and practices and that all its employees are professionally trained and supervised and observe all proper safety practices. Where protective equipment, materials or clothing are required these will be provided by the GO Lawn Mowing & Gardening Services will ensure that these are used at all relevant times.

30. The GO Lawn Mowing & Gardening Services will always have current Workers Compensation insurance and will, on request with prior notice, provide evidence to the Customer of its currency.

No Engagement of Gardeners

31. The Customer acknowledges GO invests significant resources in recruiting, selecting and training its Staff. Unless GO gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any of GO employee to provide services to the Customer or any associate of the customer for any period during which services were being delivered by GO or for a period within 12 months after the conclusion of any Service.

32. The Customer acknowledges that GO may suffer loss and damage, including, without limitation consequential loss, As a result of breach this clause by the Customer

Termination

33. This Agreement may be terminated by the Customer by providing at least 30 days’ notice.
34. Subject to clause 18(c), GO Lawn Mowing & Gardening Services may terminate this Agreement by providing the Customer with at least 7 days’ notice prior to the Service Time.
35. GO Lawn Mowing & Gardening Services may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of GO Lawn Mowing & Gardening Services, that breach is incapable of remedy.

Photography

36. For each service, we may request our teams to take photos and send them to our office to ensure we provide the highest level of support. If you are present, we will always ask for your permission first. If you are absent, we will proceed with taking photos, but rest assured, they are strictly used for service-related purposes, and we take your privacy seriously. If you prefer no photos be taken, please inform us prior to your service.

LIMITATION ON WARRANTY

37. The GO Lawn Mowing & Gardening Services warrants that all the service it performs including any product it supplies as part of the service will be for its intended purpose and will perform in accordance with its applicable specifications (if any).
38. All statutory warranties that can be lawfully excluded are hereby expressly excluded.
39. To the extent permitted by law, the GO Lawn Mowing & Gardening Services is not liable for negligence or otherwise to any person including the Customer for any loss or damage including consequential loss suffered or incurred in relation to the GO Lawn Mowing & Gardening Services’ service or products supplied.
40. Where the service is not of the kind ordinarily required for personal, domestic household use or consumption then the liability of the GO Lawn Mowing & Gardening Services is limited pursuant to s.64A of the Competition and Consumer Act 2010 (Cth) to, at the discretion of the GO Lawn Mowing & Gardening Services:

    • the supplying of the service again; or
    • the payment of the cost/s of having the service supplied again.

JURISDICTION

41. The Parties that these Terms and Conditions will be construed in accordance with the Law of Western Australia and each Party covenants that it submits to the jurisdiction of the Courts of Western Australia for the resolution of any dispute under the Agreement.

FORCE MAJEURE

42. Neither GO Lawn Mowing & Gardening Services nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.