1. SCOPE OF THE AGREEMENT

1.1. The Contractor agrees to perform the Landscaping and Excavation, and the Client agrees to accept and pay for the Landscaping and Excavation as per this Agreement.

2. CONTRACTOR’S RESPONSIBILITIES

2.1. The Contractor shall provide all labour, materials, transportation, and other necessary components specified in the Contract Documents for the Landscaping and Excavation.

2.2. Materials brought to the Site by the Contractor and not used in the Landscaping and Excavation remain the property of the Contractor. Upon completion of the Landscaping and Excavation, the Contractor will remove all such materials, as well as any associated rubbish or debris.

3. CLIENT’S RESPONSIBILITIES

3.1. The Client warrants that:

(a) They are the owner of the Site or authorised by the owner to carry out the Landscaping and Excavation.

(b) They have obtained all necessary consents and/or permits from third parties (such as Council, Neighbours, Mortgagees or Tenants) for the Landscaping and Excavation.

(c) The Contractor has free and unimpeded access to the Site from the Commencement Date.

(d) Unless agreed otherwise, the Site will be level and cleared of debris before the Commencement Date.

3.2. If other contractors will access the Site during this Agreement, the Client must coordinate their activities to minimise disruption and delay to the Landscaping and Excavation team. The Contractor is not responsible for these contractors and is indemnified from any related costs or damages.

3.3. The Client indemnifies the Contractor for costs, damages, or losses resulting from works not compliant with statutory or local authority consents, or failure to comply with relevant building or engineering laws.

3.4. The Client agrees to provide materials and/or assistance as specified in Schedule 1.

3.5. Unless specified otherwise in Schedule 1, the Client is responsible for obtaining any necessary resource or building consents.

3.6. If:

(a) The Contractor is denied access to the Site or if it is not ready by the Commencement Date,

(b) Required consents are not obtained by the Commencement Date, or

(c) Other contractors interfere with the Landscaping and Excavation,

the Contractor is entitled to an extension of time and additional costs, as specified in clause 3.2.

4. COMMENCEMENT

4.1. The Client shall grant Site access to the Contractor on the Commencement Date. The Contractor will endeavour to begin the Landscaping and Excavation within 5 Business Days after receiving access. The Contractor will notify the Client of any necessary decisions or instructions before proceeding.

4.2. The Contractor may install signage on the Site to advertise their involvement in the Landscaping and Excavation, subject to approval by the Client.

5. CONTRACT SUM AND PAYMENT

5.1. The Client shall pay the Contract Sum as specified in Schedule 1.

5.2. The Contract Sum may be adjusted as per clauses 6.1, 7.1, or 10.

5.3. Unless specified otherwise in Schedule 1, the Client shall pay a 20% deposit upon execution of this Agreement.

5.4. Payments are due within 5 Business Days of the work being completed without deduction, withholding, or set off.

5.5. Late payments will accrue interest at the Default Rate per month and incur reasonable debt recovery costs.

5.6. All materials remain the property of the Contractor until full payment of the Contract Sum. The Contractor may remove materials if payment is not made.

5.7. If materials are arranged from subcontractors or third parties requiring upfront payment, the Contractor may request immediate payment from the Client.

5.8. Prices are inclusive of GST, payable as per the GST Act.

6. VARIATIONS

6.1. The Client may request modifications to the Landscaping and Excavation at any time. The Contractor will negotiate in good faith to agree on changes, including adjustments to the Contract Sum and completion date.

6.2. Agreed modifications shall be documented and signed by both parties to be binding.

6.3. If no agreement is reached, this Agreement remains unchanged.

7. UNFORESEEN DIFFICULTIES

7.1. If unforeseen Site difficulties arise (e.g., hidden rocks, underground services), the Contractor shall promptly consult the Client to negotiate additional work, time, and adjustments to the Agreement.

8. UNDERGROUND AND OVERGROUND SERVICES

8.1. The Contractor is responsible for identifying and protecting utilities identified by the Client. Costs for locating, protecting, or altering utilities not as indicated by the Client shall be borne by the Client.

9. PLANTS

9.1. Plant health is influenced by various factors beyond the Contractor’s control. This clause applies to planting and relocating plants in the Landscaping and Excavation.

9.2. If planting a design prepared by another party, the Contractor does not guarantee plant suitability.

9.3. Planting:

(a) Best quality specimens will be sourced.

(b) Planting will adhere to best horticultural practices.

(c) Written maintenance instructions will be provided.

9.4. Relocation:

The Contractor undertakes relocation to horticultural standards but does not guarantee plant viability.

9.5. Guarantee:

(a) Evergreen and deciduous trees will be replaced if dead within specified periods, subject to conditions.

(b) Shrubs are not guaranteed beyond initial planting.

(c) Guarantees exclude certain conditions as specified.

10. ESTIMATES

10.1. "Estimated" aspects will be invoiced on a time and materials basis and may adjust the Contract Sum.

11. SITE SECURITY AND INSURANCE

11.1. The Contractor maintains public liability insurance.

11.2. The Client is responsible for Site security and must secure completed Landscaping and Excavation outside Contractor presence hours. Security costs may be included in the Contract Sum if requested.

12. LIABILITY

12.1. Contractor liability is limited to the Contract Sum and excludes indirect or consequential damages.

13. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

13.1. The Contractor retains copyright for plans and documents. Use of supplied documents is restricted.

13.2. The Contractor may publish plans or designs without Client details.

14. TERMINATION

14.1. Events of default include non-payment, breach of obligations, or insolvency.

14.2. The Client may terminate for Contractor default.

14.3. The Contractor may suspend or terminate for Client default.

14.4. Upon early termination, the Client reimburses specified costs.

15. DISPUTE RESOLUTION

15.1. Disputes shall be referred to Adjudication.

16. PROVISIONAL STAGES

16.1. Staged Landscaping and Excavation may be subject to estimated dates and costs.

16.2. Stage details are in the Specifications and Drawings.

16.3. Provisional Specifications and Drawings may be finalised by agreement.

17. CONSUMER GUARANTEES ACT

17.1. The Consumer Guarantees Act 1993 does not apply if the Client is a business.

Master Yards LTD