Terms and Conditions

The Following Terms and Conditions form part of the contract between Landscapes By Design Pty Ltd (LBD) and any of its clients (You) and can only be altered by written consent of the Managing Director of LBD, Darrell Mcleod.

1 DISCLAIMER

1.1.    Due to the following factors, no guarantee can be given that a tree is, or will remain, totally safe, stable or healthy.

  • • By their nature, tree reports are the subjective application of experience and not a statement of a completely accurate objective assessment (which would require uneconomic and sometimes destructive testing);
  • • No examination of the root systems of trees is undertaken as part of Arborist Reports unless requested at additional cost;
  • • Short term weather conditions; long term climatic conditions; and other environmental or physical factors can lead to unpredictability;

1.2. By appointing LBD, you accept that we will be making and relying on the following assumptions in delivering our services:

  • • We accept as accurate any legal documents, titles of ownership, responsible authority publications and/or correspondence, maps, plans, and photographs and you have the right to provide them to us;
  • • That you provide us with an accurate survey file and or other drawings and documentation which we will rely upon in generating reports and or landscape designs;
  • • That you allow us access to the property and the trees and for us to undertake any testing or investigation required;
  • • We act on the presumption that any property or project we advise on is not in violation of any responsible authority requirements regardless of how expressed/mandated. And you indemnify LBD for any obligations incurred as a result of your failure to ensure these assumptions are accurate.

   1.3. Statutory Bodies often are difficult to satisfy and, while all efforts are made to do so in the initial report, you agree, by entering into this contract that any additional work required to satisfy such bodies will attract additional costs at LBD’s normal commercial rates.

1.4. By engaging with LBD, You waive any liability for any tree or part of it assessed with regard to its ongoing stability, safety, capacity to damage property or people and indemnify LBD for any similar liability relating for losses experienced by third parties including for the avoidance of doubt any lost revenue or profit or capital losses relating to your use of the information or advice provided by LBD.

2. DESIGN RIGHTS

2.1. Copyright in the design and report does not pass to You until payment in full is made including any additional amounts owing under these Terms and Conditions and will revert to LBD in the event of any reversal of any portion of that payment.

2.2. LBD reserves absolutely their Moral rights to be known as the designer of the work.

2.3. You grant LBD, or their agents, the right to take and licence to use photos of property during and after implementation of landscape / garden design for promotional work.

3. PAYMENT SECURITY

3.1. All work be subject to payment of a 50% deposit before the first site visit at our discretion with balance of amount due, including any fee for out-of-scope work to be paid within seven days of the final site visit and before release of the report and/or landscape design.

3.2. Any work that falls outside the scope of the agreed fee proposal shall be invoiced at LBD’s normal commercial rates as set out in that Fee Proposal.

3.3. Trading terms are 7 days from date of invoice.

3.4. If any single invoice is overdue then all invoices shall be deemed as overdue.

3.5. In the event that the works conducted pursuant to these terms are not covered by the Building and Construction Industry Security of Payment Act 2002, LBD shall be entitled to, at Your cost to register a caveat over any real property or properties owned by You to secure any overdue payments owed by You 

3.6. Any overdue amount attracts penalty interest at the rate set from time to time fixed by the Attorney General under Section 12 of the Penalty Interest Rate Act 1983.

3.7. You shall be responsible for all debt recovery costs and legal costs incurred by LBD as a result of any default in payment. 

4. DISPUTE RESOLUTION

4.1. This contract and any dispute arising out of it is subject to the laws of Victoria and the parties agree to submit to the exclusive jurisdiction of the Courts of Victoria

4.2. Indemnity costs for any recovery action including payment for our time and any professional we engage at our/they’re going commercial rate for any work conducted outside of litigation to recover outstanding money.

4.3.    You shall be responsible for all debt recovery costs and legal costs incurred by LBD as a result of any default in payment.