TERMS & CONDITIONS
We always encourage our clients to be fully aware of our Terms & Conditions. We like to be as 'Black & White' as possible & have no hidden or 'small print' policies.
1. Works; Brisbane Landscape Konstruction will carry out work as per the description detailed on the most recent & agreed
quotation. Any detail or item not included in the description is not an inclusion and will be treated as a 'Variation' if requested by the homeowner. If you believe any work was discussed & to be included in the quoted price however not showing in the
quotation description, it must be made known prior to job commencement.
2. Variations; Alterations to the original signed contract are considered 'Variations' irrespective of whether the change results in an increase or decrease in contract price. All variations are to be agreed upon in writing prior to the additional works taking place, or prior to the work being subtracted or swapped from the contract. No variations will commence until they are documented in
3. Contract; Once a quoted price is accepted & the Homeowner wishes to proceed with the works, a "Minor Works Contract",
"QBCC Level 1 Renovation, Extension and Repair Contract" or "QBCC Level 2 Renovation, Extension and Repair Contract"
must be produced & signed by both the Contractor and the Homeowner. The total contract value will determine which contract
will be required. When entering into a contract with Brisbane Landscape Konstruction you are acknowledging & agreeing to both the scope of works/price listed on your quotation & Brisbane Landscape Konstructions Terms & Conditions, as well as QBCC Policies if applicable.
4. Payment Schedule; Payments are due as per the outlined payment schedule on your provided & agreed quotation/contract. Your schedule will also be itemised in your contract supplied by Brisbane Landscape Konstruction. "Minor Works Contracts"
payments are due within 2 business days from request & "QBCC Level 1" or "QBCC Level 2" contracts are due within 5
business days from request with the exception of the Practical Completion payment, being due immediately. All deposit payments are due immediately. In the case payment is not received as per the payments due date, Brisbane Landscape Konstruction will cease work immediately until rectified. Stage payments or payment values are not negotiable after signing a contract. Homeowners must ensure they agree to the payment schedule prior to signing their contract.
5. Withholding Allowance; In the case Brisbane Landscape Konstruction has completed the job to the furtherest point possible, but sub-contractor, manufacture or specifications time delays prevent us from final completion, the client can withhold 5% of the balance amount owing from the final payment, which will at this point be due. The withheld amount will be due on final completion. In the case damages to the clients property have occurred & the client wishes to withhold an amount until repaired. Again a withholding amount of 5%, or the total cost of repairs is applicable, whichever is greater.
6. Overdue Payment Penalties; Late payment fees are applied if payment extends over the 2 business day allowance for Minor Works Contracts, or 5 business days for QBCC Contracts. An initial Late Fee of $25 will be charged on the 3rd business day and interest accruing daily at 10.75% p.a. will be charged for every day after, until payment is received.
7. Invoicing Options; In the case a client elects to be billed in our 'Labour Only' format, they understand & acknowledge that
material costs & quantities are estimated only at time of quoting, and throughout the job the order quantities may increase or
decrease to suit requirements. By electing to pay for materials direct, the client accepts the under & over costs, and
acknowledges Brisbane Landscape Konstruction is not liable for any materials costs once they are credited back to the client on
their invoice, prior to job commencement. The client must understand this format of invoicing is a reflection of labour provided by Brisbane Landscape Konstruction only, all third party contractors, suppliers & retailers are to be paid direct. When the homeowner/client is looking to take advantage of an advertised discount, this can only be applied to 'Option1'. Billing 'Option 2' cannot be used in conjunction with any further discounts.
8. Third Party Contractors; Brisbane Landscape Konstruction does not subcontract any work out as the head contractor.
Although estimates may be obtained by Brisbane Landscape Konstruction on behalf of the homeowner/client, the contract is
formed solely between the Third Party Contractor and the homeowner/client, and does not form part of Brisbane Landscape
Konstructions contract. Any fees are payable direct to the contractor party as per their invoice. Prices are estimates only until
contractor has performed a site viewing/meeting with the homeowner/client. All work performed by third party contractors do not form part of Brisbane Landscape Konstructions warranty, this work must be warranted by the contractor. The client is under no obligation to use contractors recommended by Brisbane Landscape Konstruction & can at any time elect to supply their own trades, prior to job commencement.
9. Access; Clear access into and on site must be available at all times. Any wait times due to other contractors or works organised by the Homeowner, or outside of Brisbane Landscape Konstruction's control will be billed at a rate of $63.63+GST per man, per hour until work can recommence. Please ensure you notify us if you intend other work to take place during our time onsite.
10. Foundations; where abnormal/unstable soil conditions, and/or rock are encountered, any additional costs will be borne by the client. Excavation charges are an allowance only, any excessive digging due to unknown ground materials, such as rock, clay etc will be charged out hourly at $110 + GST per hour, when time exceeds the allowance in the quote/invoice. This fee may vary if a Third Party Contractor is engaged for excavations.
11. Rubbish/Spoil; Spoils, rubbish & excavated ground materials remain the property of the homeowner. Excavation & construction costs listed in Brisbane Landscape Konstruction quotes outline the fees for the machinery and/or labour to construct, move, dig up or relocate materials on the property only. Removal of fill/spoil/rubbish is not inclusive, and will not be absorbed or compensated. Removal of these items are estimated and quoted separately by way of skip bins, truck hire or local tip and travel fees. In the case the removal of the spoils/ground materials/rubbish goes beyond estimated inclusions, and further truck hire or skip bin hire etc is required, this will be payable by the owner in form of a variation.
12. Underground Services; It is the responsibility of the client to have all underground services located exactly; i.e. sewer drains, water, storm water, electricity, gas and telecommunications. Companies such as Lambert locations can carry out these works. To arrange PH: 1300 150 035. Any damage sustained to any of these services is at the client’s expense.
13. Interuptions; It should be understood that Brisbane Landscape Konstruction can not be held liable for job interruptions such as (not limited to) weather, subcontractors, availability of materials, engineering & building approval wait times, general delays etc. No penalties or discounts are applicable in any scenario. In reference to weather delays, please be aware it is against Work Place Health Safety to work with electric tools in wet conditions. Further, it is often counterproductive to perform landscape construction in these conditions. Therefore, completion schedules cannot be guaranteed should wet weather be encountered. Work will recommence after 2-3 days of drying out if suitable to do so.
14. Obstructions; It is the responsibility of the client to have any obstructions removed from interference of construction i.e.
tree/garden pruning, cars, caravans, boats, trailers, animals & waste, any debris. Requirement to remove any items will be done
a labour rate of $63.63+GST per man, per hour.
15. Power; Single phase electricity & water are to be made available on site by client.
16. Finishes; It remains the clients responsibility to check inclusions stated on the supplied & agreed quotation. No finishes should be assumed & require documenting prior to signing of a contract. The client is solely responsible for ensuring their desired finishes are documented & priced accordingly.
17. Estimated Pricing; All items in Brisbane Landscape Konstructions quotes/invoices are estimates only, and may have applicable variations throughout the course of the clients job. Any unforeseens will incur additional fees at the owners cost. Brisbane Landscape Konstruction will notify the client at the time of discovery & estimate the further costs.
18. Provisional Sums; A provisional sum is an allowance (or best guess), usually estimated by a cost consultant, that is inserted
into tender documents for a specific element of the works that is not yet defined in enough detail for estimators to accurately price.
19. Product Installation; Brisbane Landscape Konstruction are engaged as the installers of product only. We do not provide
warranty on materials, unless provided by the product supplier. Once the product is installed, it remains the clients responsibility to maintain their landscape inc plants & turf.
20. Maintenance; The client remains responsible for all maintenance once an item is installed, both during construction and after completion. This includes, but is not limited to turf, plants, trees etc. At no point is Brisbane Landscape Konstruction liable to change or replace any living item.
21. Warranties; Brisbane Landscape Konstruction warrants QBCC insured structural building work for a period of 6 years & 6
months, as per the QBCC requirements. All structural building work that does not qualify for Home Warranty Insurance through the QBCC is warranted for 1 year. No liability is accepted if product is misused or damaged as a result of a weather or
unavoidable unforeseen event. Damage or defects are only warranted if the arising issue is to be found to be a direct result of
work performed by Brisbane Landscape Konstruction. All living items used in a landscape are the sole responsibility of the
homeowner/client once installed. We do not give a warranty on any living item that is under the care of the homeowner/client. In the case it is assumed the living specimen had an issue prior to installation, i.e. disease, weeds in product etc - it is at the sole
discretion of the product supplier as to whether this will be replaced or compensation given.
22. Home Warranty Insurance; Home Warranty Insurance will be taken at out a cost to the homeowner/client if the structural
building works qualifies for the insurance through the QBCC. Please refer to the QBCC website for more information on the Home Warranty Insurance.
23. Approvals; In the circumstance Building or Council Approval is required, it is the clients responsibility to arrange this. Brisbane Landscape Konstruction are able to engage and carry out engineering on any job, however all costs & further steps with Council or Building approval will remain the clients responsibility.
24. Displayed Signage; It is a requirement as a contractor to display our QBCC license number on every work site. A sign will be placed on, or close to the front boundary where visible. The sign will remain for the length of the job, as well as up to 1 week pre & post construction.