Terms & Conditions:

1. Definitions & Agreement

Company refers to Ben Williams Landscaping and Earthmoving
Client refers to the person or entity engaging the Company
Works refers to all landscaping, earthmoving, excavation services, labour, materials, and equipment provided

By accepting a quote or allowing works to commence, the Client agrees to these Terms & Conditions.

2. Quotes & Scope of Work

All quotes are based on the information available at the time and may be subject to change if additional work, materials, or unforeseen circumstances arise.

The Company will carry out the Works as outlined in the accepted quote. Any variations must be agreed in writing and may incur additional costs.

3. Wet Hire Services

The Company provides wet hire services only, meaning machinery and equipment are supplied with an operator.

The Company agrees to perform the Services with due care and skill and reserves the right to refuse any request considered unsafe, unreasonable, inappropriate, or unlawful.

Services may be charged at an hourly rate, daily rate, or contracted rate as set out in the quote or invoice. A minimum hire period may apply where specified.

All equipment remains under the control of the Company and its operator at all times.

4. Underground Services

The Client must ensure all underground services (including pipes, cables, drainage, irrigation, and utilities) are clearly identified prior to commencement.

The Company is not liable for damage to underground services that were not disclosed, marked, or identifiable.

5. Site Conditions & Access

The Client must ensure the site is safe, accessible, and suitable for the Works.

The Company is not responsible for:

hidden ground conditions (rock, debris, fill, roots, etc.)
ground instability or unforeseen site issues

Additional costs may apply where site conditions differ from those expected.

6. Machinery, Equipment & Property

The Client acknowledges that machinery and equipment will be used on the property.

While all reasonable care will be taken, the Company is not liable for:

damage to lawns, plants, or garden beds
minor ground disturbance or compaction
damage to driveways, paths, or surfaces where access is required

The Client is responsible for identifying and protecting sensitive areas prior to commencement.

Additional work required to restore affected areas will be treated as a variation.

7. Equipment Storage On Site

Where required, machinery, equipment, and materials may be stored on the Client’s property during the Works.

The Client must provide reasonable space and ensure the site remains secure. The Company is not liable for loss, theft, or damage outside of its control.

8. Materials & Ownership

All materials supplied remain the property of the Company until full payment has been received.

The Company reserves the right to remove materials where payment has not been made in accordance with agreed terms.

Natural materials (including rock, timber, soil, and turf) may vary in colour, size, and texture and do not constitute a fault.

9. Deposits

A deposit may be required to secure a booking. Work will not be scheduled until the deposit has been received.

10. Payment Terms

Payment is required within 15 net days from the invoice date unless otherwise agreed in writing.

Please ensure the invoice number is referenced with payment.

For larger jobs, payment may be required in stages as the work progresses. Details will be provided prior to commencement.

11. Overdue Payments

Invoices not paid by the due date may result in delays to scheduled work.

Any agreed discounts or deductions are conditional on payment being made by the due date and may be forfeited if the invoice becomes overdue.

Additional charges may apply to overdue invoices.

12. Scheduling & Delays

Work is subject to weather conditions, material availability, site access, and other factors outside of our control.

The Company may charge for delays, standby time, or additional costs where work is delayed due to factors outside of its control.

13. Variations

Any changes or variations to the Works must be agreed in writing (including email or text).

Variations may result in additional costs and changes to scheduling.

14. Third Parties

The Company may engage employees, contractors, or suppliers to assist in delivering the Services.

Third parties engaged directly by the Client are the Client’s responsibility. The Company is not liable for their work or delays.

15. Warranties & Maintenance

The Company warrants that all workmanship will be carried out with due care and skill and in accordance with industry standards.

Where specified, a workmanship warranty may apply.

Once Works are complete, all maintenance of turf, plants, irrigation, and landscaping becomes the Client’s responsibility.

The Company is not responsible for plant failure or landscaping performance due to maintenance, weather conditions, soil conditions, or other factors outside of its control.

16. Photos & Media

The Company may take photos and/or videos before, during, and after completion of work for documentation and record-keeping purposes.

Images may be used to provide updates to the Client.

From time to time, images may be used for marketing or promotional purposes.

Reasonable steps will be taken to ensure no personal or sensitive information is disclosed, and permission will be sought where required.

17. Cancellations

Cancellations must be made in writing.

Deposits may be non-refundable where costs have already been incurred or materials have been ordered.

18. Liability

To the extent permitted by law, the Company is not liable for:

pre-existing conditions
factors outside of its control
indirect or consequential loss

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law.

19. Privacy

Personal information is collected for the purpose of providing services and will not be shared without consent, except where required by law.

20. Changes to Terms

The Company reserves the right to update or modify these Terms & Conditions at any time without prior notice.

The latest version will be available on our website and will apply to all future works.

21. Acceptance