Terms & Conditions
Payments and Deposits
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Payment of deposit constitutes the clients acceptance of these Terms and Conditions.
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Full payment is required for amounts under $1000 on completion of work.
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50% deposit of total on all quoted work is required before commencement if materials are required to be purchase or estimate totals over $1000.
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Regular Garden Care Program fee must be paid in full within 3 days of issue of invoice.
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Payment accepted by cash or Internet Bank Transfer.
Bank Account Details
Account Name:: Mark Cunningham
Bank Name: NAB
BSB: 084-004 Account: 71-768-7997
Please ensure that you include the invoice number if your reference for electronic banking so we can match the payment with this invoice.
This invoice should also be considered with these terms and conditions.
Terms of Maintenance
Pruning heights of Trees and Shrubs
To supervise or instruct the height of pruning from trees to shrubs and to remove any objects that may break because of falling branches if the client does not want to instruct or supervise the height of pruning they give MPC Property Services the choice of height to be taken with each tree and shrub. Pruning or removal of trees or shrubs does not include removal of stump and roots underground or stump grinding.
Weeding
Weeds are cut down by Whipper Snipper or Metal Hoe to Paving or ground level in garden beds. Weeds are not removed between paver joins.
Weeds or grass are generally not removed by hand.
Retaining Walls & Small Construction projects
The Contractor will perform small building projects to the standard expected of a reasonably competent Contractor; and using materials which are of good quality, fit for the purpose for which they are used and which are new, unless expressly mentioned otherwise in the Quote.
Variations to Quote
The Quote contains an outline of all planned works and materials to be used. Unless expressly mentioned in the Quote, no additional materials or works should be expected to be performed. Should a variation to the project be required, this should be requested prior to commencement of the job, and a new Quote provided.
MPC Property Services reserves the right to change the Price in the event of a variation to the quotation, of planned scheduled works (including extra to hidden or unidentifiable difficulties beyond the reasonable control of MPC Property Services e.g. hard rock barriers below surface or hidden irrigation pipes in garden beds) extra work given above the agreed quote all e.g. pruning, weeding or planting, will be detailed in writing and charged for on the basis of MPC Property Services quotation and will be shown as a variation on the invoices Payment must be made in full within 7 days of completion.
Should the variation likely to be more that 10% of the original quote, a call to the Client is required prior to completion.
Risk
The Client acknowledges that variations of colour, shade and grain or the loss of plants are inherent in all landscaping products e.g. plants and natural stone, while every effort will be taken by MPC Property Services to use premium soils when planting or to match colour, shade or grain of product MPC Property Services shall not be liable for any loss or death of plants, damages or costs howsoever arising resulting from any variation between batches of product or sale samples and the final product supplied.
Damages
MPC Property Services shall not be liable for any loss or damage caused in accessing and performing services on site beyond reasonable control (including without limitation, damage to pathways, driveways, irrigation, walls, and windows or grassed areas).
Damages to Utilities and Services
MPC Property Services shall be indemnified for any loss or damage whatsoever arising from the delay or cancellation due to breakage or disconnection of utility or other services if caused by misinformation received from the respective Authority (e.g. Dial‐A‐Dig). Services include but are not limited to:
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Electrical;
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Gas;
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Sewer and/or connection;
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Pumping;
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Water mains and/or irrigation pipes; and
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Telephone/communication cabling.
In this case the breakage or disconnection repair expense is the responsibility of the Client.
If the breakage or disconnection is caused by negligence by MPC Property Services all services must be returned as quickly as possible at the expense of MPC Property Services, limiting the expense to the cost of repairs and nothing else.
If the breakage or disconnection is caused by negligence by a third party contractor all services must be returned as quickly as possible at the expense of the third party Contractor.
Underground Locations
Indemnified against costs relating to accidental damage to reticulation as there are no formal reticulation maps.
Prior to MPC Property Services commencing any work, Client advice must be sought as to the location of all underground services on the site.
This includes, but not limited to, electrical, gas, sewer, pumping, sewer connection, water mains, irrigation pipes, Telstra cables, and other mains that may be on site.
Delay or Cancellation of Work
MPC Property Services, may Delay or Cancel any work or contract to which these terms and conditions relate. Every effort will be made to ensure the work is completed. However MPC Property Services reserve the right to make Delays or Cancellation of Contract due to unforeseen circumstances.
Delivery of services or goods at any time by giving written or email notice, if cancellation occurs on giving notice to the client MPC Property Services shall repay to the client any sum paid in respect to the price of the work that was not completed minus the price of any work done before Delay or Cancellation of work.
In the event that the Client cancels the delivery of good or services the client shall be liable for any loss incurred by MPC Property Services (including but not limited to any loss of profits) up to the time of cancellation.
Default and Consequences of Default
Given a 5 business day grace period for payment receipt, interest on overdue invoices shall accrue daily from the date when payment was due until the date of payment, at a rate of Twenty Two percent (22%) per calendar month, and at MPC Property Services sole discretion such interest shall compound monthly, before and after any judgement made by The Queensland Magistrates Court.
In the event that the Client's payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by MPC Property Services.
Without prejudice to any other remedies MPC Property Services may have, if at any time the Client is in breach of any obligation (including those relating to payment,) may suspend or terminate the supply of goods or work to be completed to the Client and any of its other obligation under these terms and conditions and will not be liable to the Client for any loss or damage suffered because s has exercised its rights under this clause.
Without prejudice to any other remedies MPC Property Services may have, if at any time the Client is in breach of any obligation (including those relating to payment,) may suspend or terminate the supply of goods or work to be completed to the Client and any of its other obligation under these terms and conditions and will not be liable to the Client for any loss or damage suffered because MPC Property Services has exercised its rights under this clause.
INCORRECT ADDRESS
MPC Property Services is not responsible if an incorrect address is supplied. Please be sure that you provide all the correct details in writing via email, text or Facebook Messenger at time of confirming and please enter as much information as possible. If we are sent to an incorrect address, additional charges may apply.
Please also provide any special instructions such as codes/locks/animals which our team may encounter on arrival to your property.
REFUND
All of the materials used by MPC Property Services are sourced from third party providers. When they leave the store or nursery we ensure they are in the best health for the stress of their new life with you.
PRIVACY POLICY
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