Terms & Conditions

AUSTRALIAN LANDSCAPE HUB TERMS AND CONDITIONS OF TRADE

Definitions

“Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Australian Landscape Hub to the

“Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor

“Goods” shall mean Goods supplied by Australian Landscape Hub to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Australian Landscape Hub to the Customer.

“Services” shall mean all Services supplied by Australian Landscape Hub to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

“Price” shall mean the price payable for the Goods as agreed between Australian Landscape Hub and the Customer in accordance with clause 3 of this contract.

Acceptance

Any instructions received by Australian Landscape Hub from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by Australian Landscape Hub shall constitute acceptance of the terms and conditions contained herein.

Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the

Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Australian Landscape Hub

These terms apply to all contracts and quotations to the exclusion of all terms, conditions, counter-offers or amendments written or oral, set out in the order or otherwise at any time by the Customer.

The Customer shall give Australian Landscape Hub not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by Australian Landscape Hub as a result of the Customer’s failure to comply with this clause.

3 Price and Payment

At Australian Landscape Hub ’s sole discretion the Price shall be either:

as indicated on invoices provided by Australian Landscape Hub to the Customer in respect of Goods supplied; or
Australian Landscape Hub’s quoted Price is valid only for thirty (30) days

Australian Landscape Hub reserves the right to change the Price in the event of a variation to Australian Landscape Hub’s

At Australian Landscape Hub’s sole discretion a deposit of up to fifty percent (50%) may be required on placement of

At Australian Landscape Hub’s sole discretion:

payment shall be due on delivery of the Goods; or
payment shall be due before delivery of the

Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.

Payment will be made by cash, or by cheque, or by bank cheque (plus a surcharge of up to two and half percent (2.5%) of the Price), or by direct credit, or by any other method as agreed to between the Customer and Australian Landscape

GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the

A Compliance Certificate will not be issued if full payment is not

4 Delivery of Goods

At Australian Landscape Hub’s sole discretion delivery of the Goods shall take place when:

(a) the Customer takes possession of the Goods at Australian Landscape Hub’s address; or (b) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by Australian Landscape Hub or their nominated carrier); or

(c) the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.

At Australian Landscape Hub ’s sole discretion the costs of delivery are:

included in the Price; or
in addition to the Price; or
for the Customer’s

The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged, then Australian Landscape Hub shall be entitled to charge a reasonable fee (including but not limited to accommodation, travel and other associated costs) for

Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this

Australian Landscape Hub may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and

The failure of Australian Landscape Hub to deliver shall not entitle either party to treat this contract as

Australian Landscape Hub shall not be liable for any loss or damage whatever due to failure by Australian Landscape Hub to deliver the Goods (or any of them) promptly or at all.

5 Risk

If Australian Landscape Hub retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on

If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Australian Landscape Hub is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Australian Landscape Hub is sufficient evidence of Australian Landscape Hub’s rights to receive the insurance proceeds without the need for any person dealing with Australian Landscape Hub to make further enquiries.

All drawings, plans and designs supplied by Australian Landscape Hub are guidelines only, not scale plans or accurate surveys and must not be relied on as such.

6 Customer’s Responsibilities

Unless otherwise stated in Australian Landscape Hub’s quotation, the Customer will be solely responsible for the following:

all base preparation. Where the base is to be prepared by the Customer, Australian Landscape Hub will provide a specification for the Customer to use and may carry out an inspection of the work done. Failure to prepare in accordance with this specification may result in, amongst other things:
delayed installation until the base preparation is corrected;
extra costs to correct the base
all cleaning, levelling and other preparation of the site and the supply of suitable base material;
removal /relocation/dumping of any soils/turf or other materials from the installation area including all landfill fees and transportation without prior arrangement;
the identification and capping/removal/making safe of any pipes, wires or reticulation points within or affecting the installation area;
ensuring that any reticulation around the site is off prior, during and immediately after installation;
site security and protection of surfaces during the installation and any curing time of the Goods;
securing and mounting of any equipment on site prior to installation;
removal/relocation/dumping of any tree roots, rocks, pipes, cables, animals, insects and other obstructions or hazards from the installation area; (i) a safe environment at the installation site and access to the site to allow Australian Landscape Hub’s personnel to work free from external hazards (including but not limited to, advising Australian Landscape Hub of and rendering safe any pipelines, wires, cables, storage tanks, noxious substances, dangerous structures, animals or insects or other potential obstructions or hazards within or affecting the site area or access to it);
a safe and secure access to the installation site for all vehicles and personnel necessary to enable us to perform our obligations and exercise our rights under the contract efficiently and effectively;
care, maintenance and repair of the Goods once

The Customer is responsible for ensuring any vehicles that are left with Australian Landscape Hub for Goods to be installed. Australian Landscape Hub shall take due care while the vehicles are at their work

7 Title

Australian Landscape Hub and Customer agree that ownership of the Goods shall not pass until:

(a) the Customer has paid Australian Landscape Hub all amounts owing for the particular Goods; and (b) the Customer has met all other obligations due by the Customer to Australian Landscape Hub in respect of all contracts between Australian Landscape Hub and the Customer.

Receipt by Australian Landscape Hub of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Australian Landscape Hub’s ownership or rights in respect of the Goods shall

It is further agreed that:

where practicable the Goods shall be kept separate and identifiable until Australian Landscape Hub shall have received payment and all other obligations of the Customer are met; and
until such time as ownership of the Goods shall pass from Australian Landscape Hub to the

Australian Landscape Hub may give notice in writing to the Customer to return the Goods or any of them to Australian Landscape Hub.

Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and

Australian Landscape Hub shall have the right of stopping the Goods in transit whether or not delivery has been made; and
if the Customer fails to return the Goods to Australian Landscape Hub then Australian Landscape Hub or their agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods; and
the Customer is only a bailee of the Goods and until such time as Australian Landscape Hub has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for Australian Landscape Hub; and
the Customer shall not deal with the money of Australian Landscape Hub in any way which may be adverse to Australian Landscape Hub; and
the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Australian Landscape Hub; and
Australian Landscape Hub can issue proceedings to recover the Price of the Goods sold Not withstanding that ownership of the Goods may not have passed to the Customer; and
until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that Australian Landscape Hub will be the owner of the end

8 Customer’s Disclaimer

The Customer hereby disclaims any right to rescind, or cancel any contract with Australian Landscape Hub or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Australian Landscape Hub and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgement.

9 Defects

The Customer shall inspect the Goods on delivery and shall within forty-eight (48) hours of delivery (time being of the essence) notify Australian Landscape Hub of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Australian Landscape Hub an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Australian Landscape Hub has agreed in writing that the Customer is entitled to reject Australian Landscape Hub’s liability is limited to either (at Australian Landscape Hub’s discretion) replacing the Goods or repairing the Goods, except where the Customer has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the

10 Returns

Returns will only be accepted provided that:

the Customer has complied with the provisions of clause 1; and
Australian Landscape Hub has agreed in writing to accept the return of the Goods; and (c) the Goods are returned at the Customer’s cost within five (5) days of the delivery

date; and

Australian Landscape Hub will not be liable for Goods which have not been stored or used in a proper manner; and
the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the
- Australian Landscape Hub may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of twenty five percent (25%) of the value of the returned Goods plus any freight.

11 The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair-Trading Acts (“FTA”)

Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where

12 Warranty

Subject to the conditions of warranty set out in clause 12.2 Reclaim warrants that if any defect in any workmanship of Australian Landscape Hub becomes apparent and is reported to Australian Landscape Hub within one (1) years of the date of delivery (time being of the essence) then Australian Landscape Hub will either replace or remedy the

The conditions applicable to the warranty given by clause 1 are:

the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
failure on the part of the Customer to properly maintain any Goods; or
failure on the part of the Customer to follow any instructions or guidelines provided by Australian Landscape Hub; or
any use of any Goods otherwise than for any application specified on a quote or order form; or
the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
fair wear and tear, any accident or act of
the warranty shall cease and Reclaim shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Australian Landscape Hub’s consent.

Australian Landscape Hub – Terms & Conditions of Trade

in respect of all claims Australian Landscape Hub shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s

In the case of second-hand Goods, the Customer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by Australian Landscape Hub as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Australian Landscape Hub shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

13 Surfacing Warranty

Subject to the limitations set out below, Australian Landscape Hub warrants that (unless otherwise stated in the relevant Compliance Certificate) the Goods installed for the Customer at the location shown in the Compliance Certificate: (a) as at the installation date shown in the relevant Compliance Certificate (but not any other date) complies with the (impact attenuation and fall zone dimension) requirements of Australian Standard – AS 4685.1:2014 and EN 1177:2009 for the fall heights, site plan and equipment specified in the relevant Compliance Certificate; and

(b) will be free from defects in materials and/or workmanship (excluding fair wear and tear) for a period of one (1) year from its installation date (as shown in the relevant Compliance Certificate).

In this warranty, a “defect” does not include any matter or thing which results directly or indirectly from a failure on your part to observe and comply with the Care & Use Instructions, or any works completed by the Customer or a third party, whether Australian Landscape Hub provided any specification or not and whether Australian Landscape Hub inspected those works or not; or which Australian Landscape Hub has informed the Customer about before supplying the materials and/or workmanship in

Warranty does not cover damaged caused by mechanical means, vandalism, spillage of solvents or oils, earth/ soil movement or damage caused by general wear and tear.

Products are subject to some colour changes when exposed to strong sunlight therefore Australian Landscape Hub do not consider slight colour changes a legitimate product fault.

The above warranty does not apply unless the Goods have been paid for in full and ceases to apply if the Goods are not cared for and maintained in accordance with the Care & Use Instructions (as in force from time to time).

14 Intellectual Property

Where Australian Landscape Hub has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in Australian Landscape Hub, and shall only be used by the Customer at Australian Landscape Hub’s

The Customer warrants that all designs or instructions to Australian Landscape Hub will not cause Australian Landscape Hub to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Australian Landscape Hub against any action taken by a third party against Australian Landscape Hub in respect of any such

Australian Landscape Hub may freely use and rely on any drawings, plans or designs supplied by the Customer in relation to the design, manufacture and installation of the

15 Default & Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of one and a half (1.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any

If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Australian Landscape Hub from and against all costs and disbursements incurred by Australian Landscape Hub in pursuing the debt including legal costs on a solicitor and own client basis and Australian Landscape Hub’ s collection agency costs.

Without prejudice to any other remedies Australian Landscape Hub may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Australian Landscape Hub may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. Australian Landscape Hub will not be liable to the Customer for any loss or damage the Customer suffers because Australian Landscape Hub has exercised its rights

under this clause.

If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable. 15.5 Without prejudice to Australian Landscape Hub ’s other remedies at law Australian Landscape Hub shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Australian Landscape Hub shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to Australian Landscape Hub becomes overdue, or in Australian Landscape Hub’s opinion the Customer will be unable to meet its payments as they fall due; or (b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

16 Security and Charge

Despite anything to the contrary contained herein or any other rights which Australian Landscape Hub may have howsoever:

where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Australian Landscape Hub or Australian Landscape Hub’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that Australian Landscape Hub (or Australian Landscape Hub’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been

should Australian Landscape Hub elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Australian Landscape Hub from and against all Australian Landscape Hub’s costs and disbursements including legal costs on a solicitor and own client basis.

the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Australian Landscape Hub or Australian Landscape Hub ’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 16.1.

17 Cancellation

Australian Landscape Hub Pty Ltd may cancel any contract to which these terms and conditions apply or cancel

delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Australian Landscape Hub shall repay to the Customer any sums paid in respect of the Price. Australian Landscape Hub shall not be liable for any loss or damage whatever arising from such cancellation.

Australian Landscape Hub reserves the right to charge the Customer up to twenty percent (20%) of the order value where the Customer cancels delivery of Goods.

18 Privacy Act 1988

The Customer and/or the Guarantor/s agree for Australian Landscape Hub to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by Australian Landscape Hub

The Customer and/or the Guarantor/s agree that Australian Landscape Hub may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:

to assess an application by Customer; and/or
to notify other credit providers of a default by the Customer; and/or

to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
to assess the credit worthiness of Customer and/or Guarantor/s.

The Customer consents to Australian Landscape Hub being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
The Customer agrees that personal credit information provided may be used and retained by Australian Landscape Hub for the following purposes and for other purposes as shall be agreed between the Customer and Australian Landscape Hub or required by law from time to time:

provision of Goods; and/or
marketing of Goods by Australian Landscape Hub, its agents or distributors in relation to the Goods; and/or
analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods; and/or
processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or

enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.
- Australian Landscape Hub may give information about the Customer to a credit reporting agency for the following purposes:
to obtain a consumer credit report about the Customer; and/or
allow the credit reporting agency to create or maintain a credit information file containing information about the

19 Unpaid Australian Landscape Hub’s Rights

Where the Customer has left any item with Australian Landscape Hub for repair, modification, exchange or for Australian Landscape Hub to perform any other Service in relation to the item and Australian Landscape Hub has not received or been tendered the whole of the Price, or the payment has been dishonoured, Australian Landscape Hub shall have:

a lien on the item;
the right to retain the item for the Price while Australian Landscape Hub is in possession of the item;
a right to sell the
- The lien of Australian Landscape Hub shall continue despite the commencement of proceedings, or judgment for the Price having been

20 General

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or
These terms and conditions and any contract to which they apply shall be governed by the laws of Australia and are subject to the jurisdiction of the courts of Australia.

Australian Landscape Hub shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Australian Landscape Hub of these terms and
Australian Landscape Hub is not liable in respect of anything to the extent the Customer was informed about and had a reasonable opportunity to avoid, prevent or minimize it.

Australian Landscape Hub is not liable for any circumstance, matter or thing beyond its reasonable
In the event of any breach of this contract by Australian Landscape Hub the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by Australian Landscape Hub. 20.8 Australian Landscape Hub may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

Australian Landscape Hub reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Australian Landscape Hub notifies the Customer of such change.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
The failure by Australian Landscape Hub to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Australian Landscape Hub’s right to subsequently enforce that