Agreement to Terms
By accessing or using the services of David Claude Landscape Design ("we", "our", or "us"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our services.
Services
David Claude Landscape Design provides landscape design and construction services including but not limited to:
- Landscape design and planning
- Garden construction and installation
- Retaining wall construction
- Decking and pergola installation
- Pool landscaping
- Steep block solutions
The specific scope of work for each project will be outlined in a separate written agreement or quote provided to you.
Quotes and Pricing
Validity: Unless otherwise stated, quotes are valid for 30 days from the date of issue.
Scope: Quotes are based on the information provided and our site assessment. Any variations to the scope of work may result in additional charges.
Exclusions: Unless specifically stated, quotes do not include council permits, engineering fees, or work outside the specified scope.
Payment Terms
Our standard payment terms are as follows:
- Design Services: 50% deposit upon acceptance, balance due upon delivery of final designs.
- Construction Projects: Payment schedule will be outlined in your project agreement, typically structured as progress payments throughout the project.
Late payments may incur interest charges at the rate of 2% per month on outstanding amounts. We reserve the right to suspend work on projects with overdue payments.
Project Timeline
While we endeavour to complete all projects within the estimated timeframe, delays may occur due to weather conditions, council approval processes, material availability, or variations requested by the client. We will communicate any significant delays as soon as they become apparent.
Site Access and Conditions
You agree to:
- Provide safe and reasonable access to the project site
- Ensure the work area is clear of personal items and obstructions
- Inform us of any underground services, easements, or site-specific conditions
- Obtain any necessary permissions from neighbours for access or boundary work
Additional charges may apply if site conditions differ significantly from those observed during our initial assessment.
Permits and Approvals
Where required, we can assist with obtaining necessary council permits and approvals. However, you are ultimately responsible for ensuring all necessary permits are in place before construction commences. Permit fees are payable in addition to our quoted price unless otherwise stated.
Warranties
Workmanship: We warrant our workmanship for a period of 12 months from project completion, covering defects in construction or installation.
Materials: Materials are covered by their respective manufacturer warranties. We will assist with warranty claims where applicable.
Plants: Plant establishment depends on appropriate aftercare. We provide planting and establishment guidelines but cannot guarantee plant survival beyond the initial installation period.
Exclusions: Warranties do not cover damage resulting from neglect, misuse, unauthorised modifications, or natural events.
Intellectual Property
All design work, plans, and drawings remain the intellectual property of David Claude Landscape Design until full payment is received. Upon payment, you receive a licence to use the designs for the specified project only.
We reserve the right to use photographs of completed projects for our portfolio and marketing purposes unless you notify us in writing of your objection.
Limitation of Liability
To the maximum extent permitted by law, David Claude Landscape Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with our services.
Our total liability for any claim arising from our services shall not exceed the amount paid by you for the specific service giving rise to the claim.
Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation. If a resolution cannot be reached, the dispute will be referred to mediation before any legal proceedings are commenced.
Cancellation
Design Services: Cancellations after work has commenced will be charged for work completed to date.
Construction Projects: Cancellation terms will be outlined in your project agreement. Generally, you will be liable for materials ordered and work completed to date.
Website Use
The content on our website is provided for general information purposes only. While we strive to keep the information accurate and up to date, we make no warranties about the completeness, reliability, or accuracy of this information.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria.
Changes to Terms
We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes indicates your acceptance of the modified terms.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
David Claude Landscape Design
888 Nell St
Greensborough, VIC 3088
Phone: 03 999 1234
Email: info@davidclaudelandscape.com.au