Invoice Terms and Conditions

By accepting a quote, booking a service, allowing work to begin or paying an invoice, the customer agrees to these terms.

If a separate written agreement or accepted quote applies to the work, that agreement takes priority over these terms to the extent of any inconsistency.

We will provide the services described in the accepted quote, booking confirmation or invoice.

Services may include:

• Lawn mowing and lawn maintenance
• Garden maintenance
• Rubbish removal
• Pressure washing
• Other agreed home and garden maintenance services

We will perform the services with reasonable care and skill and in accordance with the Australian Consumer Law.

A quote is based on the information available to us at the time it is prepared. Unless stated otherwise, a quote is valid for 7 days.

A quote may change if:

• The scope of work changes;
• The property or site conditions are different from those described or reasonably apparent;
• Additional work is requested;
• There is additional rubbish, overgrown vegetation, heavy build-up, difficult access or other unforeseen work;
• Materials, disposal fees, equipment hire or other third-party costs change; or
• The work cannot reasonably be completed within the quoted scope.

We will seek the customer’s approval before carrying out material additional work where reasonably practicable. If the customer cannot be contacted and urgent action is reasonably necessary to protect property or safety, we may carry out reasonable additional work and charge for it.

An invoice may include the agreed service price, approved variations, materials, disposal charges, equipment costs and other agreed charges.

Unless stated otherwise, prices are in Australian dollars.

If OJ Home & Lawn is registered for GST, GST will be charged at the applicable rate and will be shown on a tax invoice where required.

If OJ Home & Lawn is not registered for GST, GST will not be charged.

Any price stated as “including GST” includes GST. Any price stated as “plus GST” will have GST added where applicable.

Invoices are due by the date shown on the invoice. If no due date is shown, payment is due within 14 days after the invoice date.

Payment may be made by the methods shown on the invoice, including:

• Bank transfer to the account details shown on the invoice;
• Cash;
• Card payment, if available; or
• Another payment method agreed with OJ Home & Lawn.

The customer must use the invoice number or customer reference when making payment.

The customer must not withhold or reduce payment unless this has been agreed in writing or is permitted by law. If an invoice is disputed, the customer must pay any undisputed amount by the due date.

A deposit or booking fee may be required before work is scheduled, particularly for larger jobs, special equipment, material purchases or reserved appointments. Deposits are required for large jobs and for customers living outside the local service area, with the balance due on completion.

The amount and purpose of any deposit or booking fee will be stated in the quote, booking confirmation or invoice.

A deposit or booking fee will be applied towards the final price unless otherwise stated. It will not be treated as automatically non-refundable. Any refund or retention will be handled in accordance with the agreed terms and the Australian Consumer Law.

An account is overdue if payment has not been received by the due date and the amount is not genuinely disputed.

For an overdue account, OJ Home & Lawn may:

• Send payment reminders;
• Suspend or refuse further services until the account is brought up to date;
• Require payment in advance for future services;
• Charge a $25 late payment fee; and
• Charge interest on the overdue amount at 24% per annum, calculated and charged weekly on the outstanding balance, from the due date until payment.

Interest will not be charged on an amount while a genuine dispute about that amount is being reasonably investigated.

OJ Home & Lawn may also seek reasonable costs directly incurred in recovering an overdue debt, including court filing fees and reasonable legal costs where permitted by law and awarded or recoverable under the relevant agreement or court process. No recovery cost will be charged if doing so would be unlawful or unfair.

The customer should provide at least 48 hours’ notice to cancel or reschedule a booking.

If insufficient notice is given, or the service cannot proceed because the customer is unavailable or the property cannot be accessed, OJ Home & Lawn may charge a reasonable cancellation or attendance fee reflecting the loss actually incurred, such as travel, labour or an appointment that could not reasonably be filled.

Any cancellation fee will be disclosed where reasonably practicable and will not apply where:

• The cancellation is caused by OJ Home & Lawn;
• The service cannot safely proceed because of weather or another cause outside the customer’s reasonable control;
• The customer cancels because OJ Home & Lawn has seriously breached the agreement; or
• The fee would be unlawful, unfair or inconsistent with the customer’s rights under the Australian Consumer Law.

OJ Home & Lawn may reschedule or cancel a service where:

• Weather or site conditions make the work unsafe or impractical;
• Required access is unavailable;
• The customer has not made the site reasonably safe;
• Required approvals, instructions or information have not been provided;
• The customer has an overdue account; or
• Circumstances outside our reasonable control prevent the service.

We will take reasonable steps to notify the customer and arrange another suitable time where possible.

If OJ Home & Lawn cancels a service and cannot provide a suitable replacement service, any amount paid for the unprovided service will be refunded, subject to the customer’s rights under the Australian Consumer Law.

The customer must:

• Provide accurate information about the property, requested work and any known hazards;
• Provide safe and reasonable access to the property at the agreed time;
• Ensure gates, locks and access codes are available where required;
• Remove or secure children, pets, vehicles and personal belongings from the work area;
• Identify underground services, irrigation, electrical wiring, septic systems and other concealed hazards known to the customer;
• Ensure the work area is reasonably safe and free from dangerous substances, aggressive animals and unnecessary obstructions;
• Obtain any permission, consent or approval required for the work; and
• Tell us about any special requirements before work begins.

The customer remains responsible for the safety of people and animals at the property while work is being carried out.

If the property is unsafe or access is not available, we may stop or refuse the work and charge a reasonable attendance or cancellation fee where permitted by law.

The customer acknowledges that outdoor work may involve reasonable risks to surfaces, plants, irrigation, edging, decorations, outdoor furniture and other property, particularly where items are concealed, fragile, defective, poorly maintained or not identified before work begins.

We will take reasonable care to avoid damage. The customer must identify fragile items, hidden services, known defects and areas requiring special care before work starts.

We are not responsible for loss or damage caused by:

• Pre-existing damage, defects or poor maintenance;
• Hidden or undisclosed conditions;
• Incorrect information or instructions supplied by the customer;
• Items left in the work area;
• The customer, occupants, guests, contractors, pets or other third parties;
• Ordinary wear associated with the service; or
• Matters outside our reasonable control.

This clause does not exclude or limit any liability that cannot lawfully be excluded or limited.

Rubbish removal is limited to the materials described in the quote or otherwise agreed.

Unless expressly agreed, we do not remove hazardous waste, asbestos, chemicals, medical waste, liquids, gas bottles, tyres, contaminated materials or other restricted items.

Additional disposal, landfill, tip or handling charges may apply where the type or volume of rubbish differs from the information provided by the customer.

The customer must tell us about any hazardous or restricted materials before the work begins.

Pressure washing may not remove all stains, marks, mould, oil, rust, paint, lichen or other discolouration.

Some surfaces may be damaged or discoloured by pressure, water, cleaning products, age, existing defects or previous treatments. We will use reasonable care and may recommend a test area or a different method.

The customer must identify fragile surfaces, loose materials, untreated timber, painted surfaces, electrical equipment and other areas requiring special care.

Where materials are supplied, they will be reasonably suitable for the agreed purpose, subject to availability.

The customer may be charged for materials purchased specifically for the work if the customer cancels, changes the work or prevents completion, to the extent permitted by law.

Disposal fees, tip fees and other third-party charges may be charged where they were included in the quote, approved by the customer or reasonably necessary to complete the agreed work.

The customer should inspect the completed work as soon as reasonably possible.

Any concern about the work should be raised with OJ Home & Lawn promptly, preferably within 7 days after completion, with details and photographs where relevant.

We may inspect the work and, where appropriate, offer a reasonable opportunity to correct a problem.

The time limit in this clause does not remove or reduce any right the customer has under the Australian Consumer Law.

OJ Home & Lawn does not provide a guarantee that lawns, gardens, surfaces or other areas will remain in a particular condition after the service, because results may be affected by weather, soil, plants, pests, use, maintenance and other conditions outside our control.

Any express warranty offered by OJ Home & Lawn will be stated separately in writing. An express warranty is in addition to, and does not replace, the customer’s rights under the Australian Consumer Law.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Where the Australian Consumer Law applies, the customer may be entitled to a remedy if the services are not provided with due care and skill, are not reasonably fit for a stated purpose, or are not supplied within a reasonable time where no time has been agreed.

To the extent permitted by law, OJ Home & Lawn is not liable for loss or damage that:

• Was not reasonably foreseeable;
• Was caused by the customer’s breach of these terms;
• Was caused by inaccurate information or instructions from the customer;
• Was caused by a concealed or pre-existing condition;
• Was caused by a third party or an event outside our reasonable control; or
• Relates to items that the customer failed to remove or protect from the work area.

To the extent permitted by law, where OJ Home & Lawn is liable for a minor failure in services, our liability may be limited to supplying the services again or paying the reasonable cost of having the services supplied again.

This limitation does not apply where the law does not permit it, including where the limitation would exclude or restrict the customer’s rights under the Australian Consumer Law, or where the loss resulted from fraud, wilful misconduct or conduct that cannot lawfully be limited.

We are not responsible for delay or failure to perform caused by events outside our reasonable control, including severe weather, fire, flood, accident, illness, equipment failure, supply shortages, government action, unsafe conditions or lack of access.

We will take reasonable steps to notify the customer and resume or reschedule the service when reasonably possible.

If the customer has a concern, the customer should first contact OJ Home & Lawn using the details on the invoice.

The customer should provide:

• The invoice or booking number;
• A description of the issue;
• The date of the service; and
• Any relevant photographs or supporting information.

The parties will try to resolve the issue promptly and fairly.

Nothing in this clause prevents either party from seeking urgent legal relief or exercising a right or remedy under the Australian Consumer Law.

OJ Home & Lawn may collect and use personal information reasonably required to quote, schedule, provide and invoice for services, communicate with the customer and manage accounts.

Personal information will be handled in accordance with applicable privacy laws.

These terms are governed by the laws of Victoria, Australia.

The parties submit to the courts and tribunals of Victoria and any courts entitled to hear appeals from them.

If any part of these terms is found to be invalid, unlawful or unenforceable, it will be read down or removed to the extent necessary. The remaining terms will continue to apply.

OJ Home & Lawn

Seymour, Victoria, Australia

Phone: +61 437 363 800

Email: ojhomeandlawn@gmail.com

Website: www.ojhomeandlawn.com.au