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Terms & Conditions

AGREEMENT BETWEEN AAA Garden Services PTY LTD AND THE CLIENT

AAA Garden Services WA (ABN 54 781 995 899) 44 Croyden Rd, Roleystone WA 6111

1. PARTIES

1.1 AAA Garden Services WA (ABN 54 781 995 899)

Hereinafter referred to as “AAA Garden Services”

1.2 The Client

2. RECITALS

2.1 AAA Garden Services is a reputable and experienced gardening service provider.

2.2 The Client intends to formalise a contractual arrangement with AAA Garden for gardening services.

2.3 The parties have agreed that AAA Garden Services will provide the Services, subject to the terms and conditions of this Agreement.

3. SERVICE

3.1 Services: AAA Garden Services will provide services to the Client as described in documents such as the Contract, Support Agreement, Proposal, Quote, Detailed Design, Statement of Work, or Scope of Work (hereafter referred to as “the SOW”). Specific services requested by the Client will be detailed in the SOW, which becomes a part of this Agreement.

3.2 AAA Garden Services agrees to deliver the Services specified in the SOW to the Client under the terms and conditions of this Agreement.

3.3 AAA Garden Services will adhere to the Client’s policies during the Agreement’s Term. Any deviations from these policies, required to address urgent issues, will only occur with prior written approval from the Primary Client Contact named in the SOW.

4. EXCLUSIONS

4.1 Services do not include:

Repair of garden equipment components (except coordination with the vendor/supplier).

Repair of third-party failures (except coordination with the vendor/supplier).

4.2 AAA Garden Services reserves the right to exclude from its Service:

5. BUSINESS HOURS

5.1 Standard Business Hours are from 7:00 am to 7:00 pm, excluding federal or state-recognised public holidays in Western Australia.

6. STANDARD SERVICE FEE

6.1 From the Date of Agreement, the Client agrees to pay the Service Fees for the specified Services outlined in the SOW, in accordance with the terms stated in the SOW.

7. INCURRED EXPENSES

7.1 AAA Garden Services will bill the Client for all reasonable expenses incurred while providing services. Travel and accommodation costs for overseas or regional travel will be provided by the Client.

8. AAA GARDEN SERVICES TO PAY ALL TAXES, CHARGES AND LEVIES

8.1 AAA Garden Services is responsible for paying all taxes, levies, and charges imposed on its personnel or persons engaged by AAA Garden Services. This includes taxes imposed on fees paid to AAA Garden Services personnel, as well as any taxes related to the services or this agreement. AAA Garden Services will also file any required returns or documents as needed.

9. SUPPLY OF GOODS

9.1 If requested by the Client to provide goods as part of the SOW, AAA Garden Services will make reasonable efforts to secure these Goods at the best available price or lease/rental terms. A separate SOW will specify the price and terms of sale, which the Client must accept.

10. ACCESS TO CUSTOMER PREMISES AND FACILITIES

10.1 The Client will provide AAA Garden Services with access to its premises, equipment, documentation, and licences as needed to fulfil its obligations under this Agreement. If access is temporarily denied, AAA Garden Services will be granted an extension of time to complete affected obligations.

11. CUSTOMER RESPONSIBILITY

11.1 The Client will designate a contact person to facilitate communication and provide access to premises and gardens as required during the Agreement’s Term.

12. AAA GARDEN SERVICES’S OBLIGATIONS

12.1 AAA Garden Services commits to providing services with professionalism, care, and competence. AAA Garden Services will act in good faith, adhere to relevant laws and regulations, and ensure the safety, security, and quality of services. Only qualified personnel will be used.

14. INSURANCE

14.1 AAA Garden Services will maintain required insurance coverage, and the Client is responsible for insuring its equipment accessed by AAA Garden Services personnel. AAA Garden Services will provide proof of insurance upon request.

15. CONFIDENTIAL INFORMATION

15.1 The Client may share confidential information with AAA Garden Services. AAA Garden Services is authorised to use this information solely for this purpose and will keep it confidential. The Client agrees to return the information as specified.

16. ENTIRE AGREEMENT

16.1 This Agreement, along with any schedules, attachments, and appendices, constitutes the entire agreement between the parties, supplanting all prior agreements, arrangements, or understandings.

17. AMENDMENTS TO AGREEMENT

17.1 No amendments will have any effect unless made in writing and signed by both parties.

18. NO WAIVERS

18.1 No waiver of any provision of this agreement is effective unless in writing and signed by both parties. Waivers are specific to individual instances.

19. NO ASSIGNMENT

19.1 Neither party can assign its rights or obligations under this agreement without the written consent of both parties.

20. NOTICES

20.1 Notices, invoices, and documents will be provided in writing and sent to the respective party’s postal address, as specified in the agreement.

21. CONFLICT OF INTEREST

21.1 AAA Garden Services will promptly inform the client if any actual or potential conflict of interest arises during the agreement’s Term.

22. FORCE MAJEURE

22.1 Delays or failures due to force majeure will not be considered a breach. If force majeure lasts more than fourteen days, the other party may terminate the agreement.

23. DISPUTE RESOLUTION

23.1 Disputes will be resolved through negotiation and mediation before resorting to legal proceedings, except for urgent matters. Both parties will continue to perform their obligations during dispute resolution.

24. TERM

24.1 This Agreement becomes effective upon the final signature by the last party and remains in force for the period specified in the Statement of Work (SOW) or, in the absence of such specification in the SOW, until the earlier of the services completion and one year, unless terminated earlier in accordance with either this clause or clause 27, titled “Default.”

25. Default

25.1 In the event of a breach by either party of the terms of this agreement, the other party may terminate this agreement after providing fourteen days notice, subject to the following conditions:

25.2 The party seeking termination must furnish written notice detailing the breach and afford the breaching party a reasonable opportunity to rectify the breach.

25.3 Termination is permissible if the breaching party fails to rectify the breach in line with the provided written notice.

26 Governing Law

26.1 This agreement is to be construed and enforced under the laws of the State of Western Australia, and each party consents to the exclusive jurisdiction of the state’s courts.

27 Interpretation

27.1 In this Agreement, unless expressly stated otherwise:

27.1.1 Clause numbers and headings are for reference convenience only and do not limit or expand the provisions they reference.

27.1.2 Use of the singular includes the plural and vice versa.

27.1.3 References to gender encompass all genders.

27.1.4 “Written” or “writing” encompasses any commercially acceptable method of representing or reproducing human-readable words, including electronic means such as email and fax.

27.1.5 “Includes” or “including” does not indicate limitation.

27.1.6 Definitions apply consistently to different grammatical forms.

27.1.7 “Person” includes executors, administrators, successors, and permitted assignments.

27.1.8 References to statutes, regulations, ordinances, codes, provisions, or other laws include amendments, re-enactments, and replacements.

27.1.9 References to the agreement include its parts, schedules, attachments, appendices, amendments, or replacements, regardless of changes in parties or their identities.

27.3 All provisions within schedules, attachments, or appendices are part of this agreement and bind the parties.

27.4 A “month” denotes a calendar month, and a “year” signifies a calendar year unless otherwise indicated as a financial year.

27.5 When a period of time commences with a specific day or the day of an act or event, the calculation includes that day.

27.6 If a specified date for an act falls on a non-business day, the act should be performed on the next business day.

27.7 Monetary references denote Australian currency.