Terms and conditions

1.1 These Terms and Conditions ("Terms") apply to all lawn, garden, hedge, green waste and outdoor maintenance services ("Services") provided by Louie's Outdoor Care Pty Ltd (ACN 699 848 247, ABN 56 699 848 247), trading as Louie's Outdoor Care ("we", "us", "our"), to you, the client ("you", "your").

1.2 They apply to one-off jobs and to recurring maintenance (for example bi-weekly, tri-weekly or monthly visits).

1.3 These Terms, together with your quote (and any variation we agree in writing), make up the whole agreement between us. If the quote and these Terms conflict, the quote applies to the extent of the conflict.

1.4 We may update these Terms from time to time. The version on our website when you accept a quote applies to that job. For recurring services, we will give you at least 14 days' notice of any change that affects you. If you don't agree with the change, you can cancel your recurring service under clause 9 before it takes effect.

2.1 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"), including that Services will be provided with due care and skill, will be fit for any purpose you make known to us, and will be supplied within a reasonable time.

2.2 Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified. Every clause in these Terms that limits our liability applies only to the extent the law allows.

2.3 If we fail to meet a consumer guarantee, you are entitled to a remedy. If the failure is major, you can cancel the service and get a refund for any unused part, or ask for compensation for the drop in value of the Services. If the failure is not major, we will fix it within a reasonable time. If we don't, you can have someone else fix it and recover the reasonable cost from us, or cancel and get a refund. You may also be entitled to compensation for any other loss or damage that was reasonably foreseeable.

3.1 Quotes are sent online (via our quoting system) and are valid for 30 days from the date of issue, unless the quote says otherwise.

3.2 Quotes are based on the information you give us and what we can reasonably see at the property (on site or from photos you provide). A quote covers only the work described in it.

3.3 If conditions differ from what was described or reasonably visible (for example much longer grass, heavier overgrowth, more green waste than expected, hidden obstacles, restricted access or extra areas), we will tell you before doing extra work and give you a price for it (a "Variation").

3.4 Prices include GST. Green waste removal is not included in any price for our work and is always charged separately. If you want us to take green waste away, it will be shown as a separate line item on your quote or invoice (see clause 7).

4.1 You accept these Terms when you do any of the following:

(a) accept the quote online or tick the acceptance box;

(b) tell us in writing (including by email or text) that you want to go ahead;

(c) pay a deposit or any part of the price; or

(d) let us start work after receiving the quote and these Terms.

4.2 If someone books Services on your behalf (for example a family member or property manager), they confirm that they are authorised to do so and to accept these Terms for you.

5.1 Any change to the quoted work requested by you, or needed because of conditions described in clause 3.3, is a Variation.

5.2 We will tell you about a Variation and its price before starting it. We may agree a Variation with you in person, by phone, text or email. We will confirm it in writing (for example on the invoice).

5.3 If you don't approve a Variation, we will complete only the originally quoted work where that is reasonably possible, and you will pay for the work done.

6.1 Invoices are due within 7 days of the invoice date, unless your quote or invoice says otherwise.

6.2 You can pay by bank transfer, online card payment via the link on your invoice, or cash. Card payments may attract a surcharge, which will not be more than our cost of accepting that card. We will give you a receipt for cash payments on request.

6.3 For jobs quoted at over $600 (including GST), a 50% deposit is payable upfront before the job is booked in. The deposit is credited to your final invoice.

6.4 Invoicing. We invoice after each visit, for both one-off jobs and recurring services. Each invoice is payable within the time in clause 6.1.

6.5 Late payment. If an invoice is not paid by its due date, we may:

(a) send you reminders; and

(b) pause any further Services (including recurring visits) until the overdue amount is paid.

We don't charge interest or late payment fees on overdue invoices.

6.6 Debt recovery. If we need to use a debt collection agency or take legal action to recover an overdue amount, you agree to pay our reasonable costs of recovering it, including reasonable collection agency and legal fees, to the extent permitted by law.

6.7 Disputed invoices. If you believe an invoice is wrong, please tell us within 7 days of receiving it. You must pay any undisputed part by the due date. We won't pause Services or take debt recovery action over an amount you dispute in good faith while we work it out with you.

6.8 GST. We are registered for GST. All prices are in Australian dollars and include GST unless stated otherwise. Our invoices are tax invoices.

7.1 Green waste removal is always an extra charge. It is never included in the price of the work itself. The removal charge will be shown separately on your quote or invoice, or agreed as a Variation if the amount of waste is more than expected.

7.2 If you don't ask us to remove green waste, we will leave it neatly in an agreed spot on your property or in your green bin (up to its capacity). You are then responsible for it.

7.3 If we remove green waste, it becomes ours once we load it for removal, and we will dispose of it lawfully (for example at a licensed green waste facility). If you want to keep clippings, mulch or green waste (for example for compost), tell us before work starts.

7.4 Removal of non-green waste (such as rubbish, building materials, soil, rocks, or hazardous items) is not included unless quoted. We will not handle hazardous materials, including asbestos, chemicals, syringes or animal waste beyond normal levels found in a yard.

8.1 Your cancellation or rescheduling. Please give us at least 24 hours' notice if you need to cancel or reschedule a visit. You can do this by phone, text or email.

8.2 Cancelling with 24 hours' notice or more is free. There is no charge if you cancel or reschedule at least 24 hours before your booked visit.

8.3 Late cancellation fee. A late cancellation fee of 25% of the quoted labour price for that visit applies. This doesn't include materials, green waste removal or disposal charges. The fee applies if:

(a) you cancel or reschedule with less than 24 hours' notice; or

(b) we arrive and can't do the work because of something within your control (for example locked gates, unrestrained pets, vehicles or items blocking the work area, or no consent from the property owner).

For a recurring service, the fee is 25% of the labour price for the affected visit. This fee covers our reasonable costs of the lost booking, including the time slot we held for you, travel and time we can't fill at short notice. It is not charged in the situations described in clauses 8.5 and 8.6.

8.4 Extra time. If something within your control means the work takes longer than quoted (for example we have to wait for access, or move vehicles, items or rubbish out of the work area), we may charge for the extra time and work as a Variation under clause 5.

8.5 Weather and safety. We may reschedule work because of rain, storms, extreme heat, high winds, total fire ban conditions, waterlogged ground or other conditions that make the work unsafe or likely to damage your lawn or garden. We will contact you to arrange the next suitable date. No fee applies to weather rescheduling.

8.6 Our rescheduling. If we need to reschedule for any other reason (for example illness or equipment breakdown), we will tell you as soon as we can and offer the next available time. No fee applies.

8.7 Deposits for cancelled one-off jobs will be refunded, less any reasonable costs we have already incurred (such as materials purchased or a skip/tip booking made for your job). If a late cancellation fee applies under clause 8.3, we may deduct it from the deposit.

9.1 Recurring services (bi-weekly, tri-weekly, monthly or other schedule) continue until either of us cancels them.

9.2 You can cancel a recurring service at any time by giving us at least 7 days' notice in writing (email or text is fine). There is no lock-in contract or exit fee. You pay for visits completed before cancellation takes effect.

9.3 We can cancel a recurring service by giving you at least 7 days' notice, or immediately if an invoice is more than 30 days overdue or the site is unsafe (see clause 11).

9.4 Price reviews. We may review recurring service prices (for example because of rising costs or a change in the condition or size of the work area). We will give you at least 14 days' written notice of any price change. If you don't agree, you can cancel before the new price takes effect.

9.5 Visit dates are approximate. Visits may move by a few days because of weather, public holidays or scheduling. Growth rates vary by season, and we may suggest changing the frequency during slower or faster growing periods.

9.6 Where a scheduled visit is missed because of weather or no access, we will try to reschedule it. Because we invoice after each visit, you are not charged for a visit that does not go ahead, unless a late cancellation fee applies under clause 8.3.

To help us do the job safely and properly, you agree to:

10.1 Tell us about hidden or fragile items. Before work starts, tell us about and, where reasonably possible, clearly mark any items that we could not reasonably see or expect, including:

• irrigation systems, sprinkler heads, drip lines and garden lighting;
• underground or low-lying pipes, cables, conduits, gas lines and taps;
• septic systems, tanks, pits and drainage;
• invisible dog fences or other in-ground wiring;
• fragile, valuable or loose items (pots, ornaments, outdoor furniture, toys, hoses, solar lights);
• newly laid turf, recently seeded or sensitive plants, and plants you want kept or treated differently; and
• the location of property boundaries.

10.2 Pets and people. Keep pets secured inside or away from the work area while we are working, and keep children and others at a safe distance from our equipment.

10.3 Clear access. Provide safe and clear access to the work area, including unlocked gates and adequate parking where reasonably available, and move vehicles, toys, hoses, furniture and other loose items out of the work area before we arrive.

10.4 Ownership and consent. Confirm that you own the property or have the owner's permission (for example from a landlord, strata or body corporate) for the work. If work affects a neighbour's property or a shared boundary, you are responsible for obtaining the neighbour's consent.

10.5 Permits and approvals. You are responsible for obtaining any council permit or approval required for the work, including any permit needed under Sutherland Shire Council tree and vegetation rules to prune or remove trees. If you're unsure, we can let you know where approval may be needed, but the decision and application are yours. We may refuse or delay work until approval is confirmed.

10.6 Accurate information. Give us accurate information about the property and the work you want, and tell us about any known hazards (for example wasp nests, snakes, unstable ground or structures, asbestos, chemicals or sharp objects).

10.7 If you don't meet these responsibilities, we are not responsible for damage, delay or extra cost that results, to the extent permitted by law. We may also charge for any extra time or work this causes as a Variation under clause 5.