TERMS AND CONDITIONS OF ENGAGEMENT

Live To Dig Pty Ltd (The Contractor) will provide our customers with a written quotation, outlining a description and an approximation of the costs. A quotation is not considered a contract until acceptance is received by the customer in the form of a holding deposit and is acknowledged by Live To Dig Pty Ltd. Any acceptance of a quotation is limited to these terms and conditions.

Live To Dig Pty Ltd has the right to change pricing at any time prior to acceptance of the quotation for reasons such as supplier price increases or unforeseen labour costs.

The quotation is subject to correction in the case of administrative error.

Live To Dig Pty Ltd is not held responsible for unforeseen circumstances that may arise during or before construction that are not outlined in the quotation.

Live To Dig Pty Ltd has the right to withdraw the offer made in the quotation at any time prior to its acceptance by the customer. The quotation offer is valid for 30 days and will be considered as invalid or withdrawn if these terms and conditions are not acceptable to the customer.

Customers must submit any drawings and/or plans (if required) to Live To Dig Pty Ltd for a quotation. When a quotation is estimated from plans/drawings, the quotation is subject to a final site inspection.

QUALITY OF CONSTRUCTION

Live To Dig states that all work will comply with The Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979, all other relevant codes, standards, and specifications that the work is required to comply with under any law; the conditions of any relevant development consent or a complying development certificate.

This contract may limit the liability of the contractor for failure to comply with the above work compliance clause if the failure relates solely to a design or specification prepared by or on behalf of the homeowner (but not the contractor) or a design or specification required by the homeowner if the contractor has advised the homeowner in writing that they go against the ‘work compliance clause’.

A copy of the Consumer Building Guide published by the Department of Finance, Services and Innovation in May 2016 can be found at:

https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0010/875170/Consumer_Building_Guide-July-2020.pdf

SCOPE OF WORK

Live To Dig Pty Ltd will carry out and complete works as outlined in the quotation/contract in a good and workman-like manner. There is no obligation to carry out further works unless agreed to in writing by both parties.

The customer is responsible for obtaining any necessary planning permits and drawings that may be required by the council and/or any other parties. Unless otherwise stated, our quotations do not include planning permits, sketches or draftsperson drawings.

Live To Dig Pty Ltd will provide the customer an estimated commencement date once the acceptance is received from the customer. We will do our best to commence the customer’s job on the date indicated; although we do have the right to change the commencement date at any time. Live To Dig Pty Ltd will not be held liable for any direct or indirect delays which are beyond its reasonable control.

Any material brought to or removed from the site, in excess to the Live To Dig Pty Ltd requirements, remains the possession of and removable by Live To Dig Pty Ltd and its employees, who shall have the right to enter the site for that purpose.

Once the work has been completed, it is the customer’s responsibility to maintain and care for the scope of work as outlined in the quotation/contract. Once the final payment has been made, the customer acknowledges that they find the job complete and satisfactory in accordance with the contract.

All goods/materials supplied remain the property of Live To Dig Pty Ltd until paid for in full.

Live To Dig Pty Ltd has no responsibility or liability for structural considerations, the appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to commencement of the job. The agent is accountable to bring these terms of business to the attention of the customer. Live To Dig Pty Ltd will not be liable for damages caused by others to the scope of works as outlined in the quotation/contract.

Live To Dig Pty Ltd pledges that plants, trees, and turf supplied will be naturally healthy when planted. Responsibility cannot be accepted for the loss after the job has been completed, as any site conditions or damages after the completion of the job are out of Live To Dig Pty Ltd’s control.

SOIL TESTING & SITE CONDITIONS

Soil testing and geotechnical reports are the responsibility of the Owner. Live To Dig Pty Ltd will only engage soil testing where it has been specifically requested as part of the Council approval or certification process. The contract price is based on normal soil conditions. Any additional works, costs, or delays arising from unforeseen or abnormal site conditions (including but not limited to rock, fill, high water table, unstable or highly reactive soils) will be treated as a variation to this contract and charged to the Owner.

UNDERGROUND SERVICES

The location of underground services by a licensed service locator is mandatory prior to the commencement of any works. “Dial Before You Dig” must be consulted and any potential underground services marked on site. Whilst the Contractor will take all care to avoid damage to any underground services, the Client agrees to indemnify the Contractor in respect of all and any liability claims, loss, damage, costs, and fines as a result of damage to services not precisely located and notified. If the Client requests the Contractor to engage the service locator then this shall be in addition to the Price.

Prior to the Contractor commencing any work the Client must advise the Contractor of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables and any other services that may be on site.

Whilst the Contractor will take all care to avoid damage to any underground services, the Client agrees to indemnify the Contractor in respect of all and any liability claims, loss, damage, costs, and fines as a result of damage to services not precisely located and notified.

VARIATIONS

Any variations to the scope of work, whether due to site conditions, changes requested by the Owner, or other unforeseen issues, must be agreed to in writing by both parties. Variations will be charged in addition to the contract price.

ACCESS TO SITE

The Owner is responsible for providing clear access to the site for machinery, equipment, and materials. Any costs incurred due to restricted access, delays, or the need for additional equipment will be charged as a variation.

PAYMENT

Acceptance of the quotation/contract is to be submitted in the form of a holding deposit, which is 10%. This must be paid in order to book the customer’s job into our calendar.

Our customers have a 5-day cooling off period from when a holding deposit is paid to Live To Dig Pty Ltd. After 5 days of receiving the holding deposit, this holding deposit will be non-refundable in the event that you want to cancel. We believe this is considered fair and reasonable by Consumer Law in order to cover our expenses and loss of income.

The remaining balance will be paid in stages as outlined in the quotation/contract. Unless otherwise specified, the final payment must be paid on the day of completion. In the event of default of payment when due, or failure to settle the account by the due date, the customer will be liable for all further commissions and court costs by our debt collector, as governed by the law, court costs and legal fees.

Payment can be made in the form of direct deposit or bank cheques or Cash. Credit card is available through our online Xero Portal however, fees do apply. We do not accept personal cheques.

Live To Dig Pty Ltd has the right to terminate work and/or materials in the event of unpaid balances stipulated in the quotation/contract.

INDEMNIFICATION

The customer shall indemnify, defend and hold Live To Dig Pty Ltd and its employees harmless from any and all liability, loss, damages or expenses (including legal fees) resulting from any alleged defect in the design or specification of products constructed by Live To Dig Pty Ltd according to the customers’ requests, plans, specifications, drawings or samples.

PRIVACY POLICY

When giving your contact details to Live To Dig Pty Ltd we will add these details to our database. You may access personal information that we hold about you. We will not sell your information to anyone. We will only use your information to make contact with you. We do not collect personal information about you if you are browsing this website.

MISCELLANEOUS

Under no circumstances are Live To Dig Pty Ltd to be defamed or slandered by a person in any way, including but not limited to the internet and/or social media. If a person is found defaming or slandering the Company or an individual of the Company, then legal proceedings will take place in accordance with the law.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other event beyond the reasonable control of either party.

Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent, and that this agreement creates binding and valid legal obligations on them.

Live To Dig Pty Ltd does not accept any responsibility for these terms and conditions are binding upon and for the benefit of both parties.

By employing Live To Dig Pty Ltd you accept these terms.