Terms & Conditions of Trade
Effective 8 October 2026. These general website policies are subject to the accepted project contract and non-excludable Australian consumer and NSW building law rights. They are not a substitute for a legally compliant residential building contract.
Scope and contract formation
These terms apply to Garden Art quotations, design, soft landscaping, planting, maintenance and related services only when incorporated into an accepted agreement. A signed project-specific contract prevails where inconsistent. An online enquiry is not a booking.
Quotes and scope
Quotes are valid for 14 days unless stated otherwise, in AUD with GST treatment shown. Only expressly listed inclusions form the scope. Client requests and material changes require written variation approval, including price and timing, before the affected work proceeds.
Deposits and payment
Deposits, progress claims and final payment are governed by the accepted quotation and applicable law. For NSW residential building work the deposit must not exceed 10% of the contract price. Where required, Home Building Compensation cover must be obtained and the certificate provided before any payment is demanded or received. Invoices are payable within seven calendar days only when lawfully due and unless the contract states otherwise.
Late or disputed invoices
Garden Art may send reminders and, if legally and contractually permitted, suspend work after reasonable written notice. No undisclosed interest or penalties apply. Clients should promptly identify any disputed amount; undisputed amounts remain payable when due.
Cancellation and refunds
Cancellation or postponement should be requested in writing. Subject to cooling-off rights and consumer guarantees, Garden Art may claim reasonable substantiated costs of work completed, non-returnable project-specific materials, actual third-party charges and other recoverable losses, taking reasonable steps to mitigate them. Deposits are not automatically non-refundable. Any refund due will be processed within a reasonable time.
Dates and delays
Proposed start and completion dates are estimates unless expressly agreed as binding. Weather, supplier availability, access and unforeseen conditions can affect timing. Garden Art will promptly communicate material delays and agree any necessary changes as required by contract or law.
Variations and site conditions
Concealed rock, buried structures, poor soil, roots, drainage or services may require a revised scope. Garden Art will notify the client and seek written approval for additional work and charges before proceeding, except as legally permitted for urgent safety matters.
Client responsibilities
Clients must provide reasonable safe access, disclose known hazards, identify relevant property restrictions and obtain approvals allocated to them by the contract. Responsibilities for service locating, permits, waste removal, utilities and site preparation should be expressly set out in the project quote.
Plants and substitutions
Plants naturally vary in size, shape, fullness, maturity and colour. Minor cosmetic imperfections may occur. Materially different substitutions require approval. Read the Plant Supply & Natural Variations Policy. No term excuses defective plants, unsuitable selections or noncompliant services.
Aftercare and defects
Clients should follow supplied care instructions after handover. Garden Art will investigate concerns about installation, plant condition or workmanship and provide remedies where legally required. See the Plant Care & Establishment Guide.
Design and photography
Design deliverables, revisions, fees and permitted use are set out in the Design & Consultation Policy. Garden Art will seek separate permission before using identifiable private-property photos for public marketing; see Photography Consent.
Consumer rights and NSW requirements
Nothing excludes Australian Consumer Law guarantees, statutory warranties or other non-excludable rights. Where applicable, NSW residential building work over $5,000 (including GST) requires a compliant written contract; contracts over $20,000 have additional requirements including HBC cover, and relevant licensing rules may apply. Any mandatory cooling-off rights and disclosures take precedence over these terms.
Complaints and governing law
Contact Garden Art in writing with details and photos where useful. We aim to resolve issues reasonably. NSW law applies to the extent legally permissible, without restricting statutory complaint or dispute rights.
Contact
For enquiries, contact Garden Art at admin@gardenart.au or 0423 198 784.