Terms and Conditions
Terms and Conditions
By engaging Suburban Farmer the following terms and conditions apply unless expressly modified or excluded in writing by Suburban Farmer.
“Suburban Farmer” is a trading name of Suburban Farmer Australia Pty Ltd.
1.1 Suburban Farmer shall carry out and complete works described in the quote document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties.
1.2 The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.
2.1 Quotes are valid for 30 days.
2.2 Once a quote has been confirmed by Suburban Farmer, the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as Suburban Farmer and the customer both agree with the final price.
2.3 Quotes and estimates shall be deemed to correctly interpret the original product or service requirements and are based on the cost at the time the quote or estimate is given. If the client later requires any changes to the quotes, and both parties agree to the changes, these changes will be charged at Suburban Farmer’s prevailing rate.
2.4 Acceptance of the quote involves acceptance of these terms and conditions. It should be noted by the client that any request to cancel by the client will involve the client being liable to any loss of expenses incurred as a result. (Up to a maximum of 50% of the total of quote.)
2.5 All, or any special conditions, of which Suburban Farmer has been informed are noted in the quotation. It is very important and the responsibility of the client to ensure Suburban farmer is made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.
3.1 The client will be responsible for all payments to Suburban Farmer unless otherwise notified in writing prior to commencement.
3.2 Unless approved by Suburban Farmer in writing, final payment for products or services is to be made in full, payable prior to products delivered, installed and services rendered.
3.3 If approved by Suburban Farmer in writing, final payment for products or services is to be made following completion and payable within 7 days of invoice.
3.4 The Customer agrees that all monies paid to Suburban Farmer are non-refundable.
3.5 The Customer shall pay Suburban Farmer for all costs actually incurred by Suburban Farmer in the recovery of any monies owed by the Customer to Suburban Farmer under this Agreement including recovery agent costs, processing costs and solicitor costs on a solicitor/client basis.
4. The Site
4.1 The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground Suburban Farmer shall be entitled to charge for additional work as completed by Suburban Farmer or by a contractor.
4.2 Suburban Farmer shall be free from any liabilities (including structural or accidental).
4.3 The client shall provide water and electricity at no charge to Suburban Farmer.
4.4 . The client shall provide access to site during Suburban Farmer normal working hours and storage space for materials during the contract progress.
4.5. Suburban Farmer is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.
5. Delays or Disruptions
5.1 Suburban Farmer undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall Suburban Farmer incur any liability to the client for any untimely performance.
5.2 Severe weather conditions may cause the delay of the start date of the contract.
5.3 Delays caused by other companies, contractors or suppliers may cause work to be rescheduled or delayed.
6. Materials On Site
6.1 Materials delivered to the site become the responsibility of the client. Suburban Farmer accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.
6.2 All materials on the site remain the property of Suburban Farmer until payment is received in full.
6.3 Any material brought to the site remains the possession of and removable by Suburban Farmer who shall have the right to enter the site for that purpose.
7.1 There are no warranties, expressed or implied, including any warranty of merchantability, or fitness for a particular purpose.
7.2 Suburban Farmer gives no warranty, express or implied, and makes no representation that Suburban Farmer products will operate problem free or without interruption or that any problems will be corrected; or that that any published material including but not limited to; the Suburban Farmer website, operation and instuction manuals, help and care guides, is either complete or accurate.
8. Liability & Indemnity
8.1 In no circumstances will Suburban Farmer be liable to the Customer or any third party for any consequential, incidental, special or indirect damages, or other damages or losses of any nature arising out of the use of, or inability to use Suburban Farmer products or services whether asserted in contract, tort or otherwise.
8.2 The Customer agrees to indemnify and hold harmless Suburban Farmer and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement.
8.3 The Customer will not, under any circumstances, seek to hold Suburban Farmer responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services.
8.4 Suburban Farmer accepts no liability for any negligent act, omission, or any default under this contract, unless specifically agreed in writing.
9.1 Suburban Farmer guarantees plants, trees and livestock supplied will be inherently healthy when delivered. Responsibility cannot be accepted for loss after practical completion of the contract since subsequent site conditions are beyond Suburban Farmer’s control.
9.2 Suburban Farmer accepts no liability for the health of existing plants or livestock to be moved during the contract.
9.4 Suburban Farmer is not able to accept responsibility for the well-being and maintenance of living animal or plant material ,following practical substantial completion unless a maintenance contract is in existence.
9.5 Under no circumstances can livestock, living animal or plant material be returned.
9.6 If necessary Suburban Farmer reserves the right to substitute any plant or livestock with another of equal value and characteristics.
9.7 Suburban Farmer is not able to accept responsibility for any damage to products or livestock through the elements, including drought, winds, rain and frost. Upon practical substantial completion the responsibility for the care of all Suburban farmer products and livestock, is handed over to the client and will require regular attention.
9.8 Maintenance is not included in the contract unless specified. Suburban Farmer reserves the right to change these terms and conditions at any time.
9.9 All information regarding Suburban Farmer products and services is believed to be correct and is the result of private enquiries and experiences and is given in good faith. Suburban Farmer disclaim all responsibility for any harm, loss, cost or damage resulting from the use of, or reliance upon, the whole or part of any Suburban Farmer product of service.
9.10 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this agreement.
9.11 Prior to entering into this agreement, the Customer represents and warrants to Suburban Farmer that the Customer has read, understood and agrees to be bound in full by the Suburban Farmer Terms and Conditions.
9.12 The Customer has not relied on any representation by Suburban Farmer other than those expressly stated in this agreement.
9.13 Hours of operation are between Monday to Friday (8.00am – 5.00pm)
9.14 All manuals, operation guides, care guides or similar written material by Suburban Farmer are constantly being updated to reflect changes in operation of the systems, safety and advice. It is the responsibility of the customer to seek and ensure that the customer posseses the latest and most up to date information.