Terms and conditions

These standard terms and conditions form the agreement between All Grass Solutions Australia (the Supplier) and the customer we carry out the Services for (the Customer). They apply whether the work is on a home lawn or a sports field or oval. In these terms, “we”, “us” and “our” mean the Supplier, and “you” and “your” mean the Customer.

1. Definitions

In these terms and conditions, these words have the following meanings.

1. 1.1 Customer means the person or people the Services are carried out for.
2. 1.2 Information means any general information about lawn aeration and lawn care, including its purpose, effects, results and procedure.
3. 1.3 Supplier means the supplier of the Services, being All Grass Solutions Australia.
4. 1.4 Services means the lawn and turf services set out in the contract for services between the Supplier and the Customer.

2. When these terms apply

1. 2.1 Anyone who engages us to carry out the Services does so accepting that these terms and conditions form the contract for the supply of those Services. These terms take priority over any other documents or communications from the Customer.

3. Price and payment

1. 3.1 You agree to pay for the Services as we direct.
2. 3.2 We will issue a tax invoice for the Services before the Services are completed.
3. 3.3 No quote, representation or verbal agreement is binding on us unless we have confirmed it in writing.
4. 3.4 If you cancel an order, you are responsible for any costs we incur as a result.
5. 3.5 Unless we both agree otherwise in writing, payment of the amount on the tax invoice is due when the Services are completed, and you agree that time is of the essence for the payment date.
6. 3.6 If an account is not paid by the due date, any discount or allowance we quoted no longer applies.
7. 3.7 If you do not pay the invoice by the due date, you agree to pay default interest at 15% per annum for each day the payment is overdue.
8. 3.8 If the tax invoice is still unpaid after 30 days, we may start legal proceedings against you to recover the debt.
9. 3.9 You agree to indemnify us against any legal fees (on a solicitor and client basis) we incur in recovering the debt from you, including any interest payable on the debt.

4. Your obligations

So that we can supply the Services, you agree to:

1. 4.1 give us unrestricted access to the property or site;
2. 4.2 give us any information we need to supply the Services;
3. 4.3 tell us, before we start any work, about any pipes, impediments, encroachments, infrastructure, large or hard objects, or easements on or below the ground surface;
4. 4.4 keep us up to date with your correct name, postal address, phone number and email address;
5. 4.5 hold current public liability and building insurance for the property or site at all times while we are supplying the Services; and
6. 4.6 comply with all the terms of the agreement between us.

5. Our obligations

1. 5.1 We will supply the Services with care and skill, to a standard that reflects our experience in providing them.
2. 5.2 Any timeframe we give for the Services is our best estimate. It is not a promise, and it is not a condition of this agreement unless it is specified in writing when the contract is made.

6. Disclaimer and limitation of liability

1. 6.1 The Services are supplied to you at your risk.

You indemnify us against:

1. 6.2 any damage caused to your property, or to any third party’s property, in carrying out the Services;
2. 6.3 any damage caused to our machinery or equipment in carrying out the Services by hard or large objects underground that were not disclosed to us before the work started;
3. 6.4 any damage or loss suffered by us, our equipment or machinery, or any third party as a result of incorrect information you gave us;
4. 6.5 loss of trade caused by damage to assets, services or infrastructure above or below the ground, or to the playing surface itself, including but not limited to identified and unidentified assets, and client and government assets;
5. 6.6 any adverse short-term or long-term effects on the surface arising from the supply of the Services; and
6. 6.7 any failure on your part to take out and maintain appropriate insurance over the property while the Services are being supplied.

1. 6.8 Our liability to you or to any third party for any indirect or consequential loss of profit, or other economic loss, that you suffer, however it is caused (whether through negligence, breach of contract, misrepresentation or otherwise), is limited to the amount you have paid us under this agreement.
2. 6.9 We make no promises about, and accept no liability for, how the information on our website or in these terms and conditions is applied or interpreted. Our website disclaimer says more about this.

7. What you acknowledge

You acknowledge that:

1. 7.1 the results of lawn care and turf work vary with many factors, including but not limited to location, grass species, climate and soil type;
2. 7.2 we do not promise that grass will grow after the Services are supplied, and we give no warranty about how fast it will grow;
3. 7.3 we are not responsible for watering of any kind, or for any aftercare, unless these are set out in the contract for Services between us and arranged in advance;
4. 7.4 we will give you a plan for the property or site, and it is your responsibility to either confirm the plan is suitable or tell us if you would prefer a different course of action;
5. 7.5 we take due care in carrying out the Services, but some of our machines are large and may leave impressions in the ground, and you are not entitled to object to, or claim compensation for, any impressions left in the ground;
6. 7.6 we have full discretion over the type of fertiliser we apply to the property in providing the Services (including fertilisers that may contain poisonous or harmful chemicals), and you indemnify us against any loss, claim or damage arising from animals or people eating or touching the fertiliser;
7. 7.7 all Information in these terms and conditions or on our website is general in nature and is intended as a general guide only; and
8. 7.8 any information in these terms and conditions or on our website should be checked against your own situation and used as part of an ongoing maintenance program, not as a one-off fix.

8. Events outside our control (force majeure)

1. 8.1 Neither party is liable for any delay in performing, or failure to perform, any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. These include, but are not limited to, acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and shortage or unavailability of raw materials from a natural source of supply. The party affected is entitled to a reasonable extension of time to meet its obligations.

9. Severance

1. 9.1 If a court of competent jurisdiction finds any term or provision of these terms and conditions invalid, illegal or unenforceable for any reason, that provision will be severed. The rest of these terms and conditions will continue in full force and effect as if they had been agreed without the invalid, illegal or unenforceable provision.

10. Governing law

1. 10.1 These terms and conditions are governed by, and interpreted in accordance with, the laws of Queensland, and both parties submit to the exclusive jurisdiction of the Queensland courts.

11. Complaints procedure

1. 11.1 If there is any dispute or claim arising out of, or relating to, the Services, you must tell us about it as soon as possible, in writing, by email to info@allgrasssolutions.com.au or by post to All Grass Solutions Australia, PO Box 3822, Loganholme QLD 4129.
2. 11.2 You must allow us (including people we nominate) to visit the property or site and give us full access so we can fully investigate the complaint. The visit must take place within 28 days of you notifying us.
3. 11.3 We will give you a written response to your dispute or claim within 28 days of the date of the inspection.
4. 11.4 If you are not satisfied with our response, you must, within 21 days of receiving our written response, refer the matter to a mediator nominated by us from the Institute of Arbitrators and Mediators of Australia (now part of Resolution Institute).
5. 11.5 The cost of the mediator will be shared equally between both parties, or as agreed as part of the mediated settlement.
6. 11.6 If you do not follow this complaints procedure and start legal proceedings against us, you agree to fully indemnify us against any awards, costs, legal fees and expenses (on a solicitor and client basis) that we incur in having your proceedings set aside or adjourned so that this complaints procedure can be followed.

Before you book

Please read these terms before you book, and if anything in them is unclear, ask the office first. How we handle the personal information you give us is set out in our privacy policy.