Terms of Service
Last updated: . These terms apply to services provided by Nook Scapes ABN 77 692 141 003 (“we”, “us”, “our”) to clients (“you”, “your”).
1. Agreement to terms
By requesting a quote or using this website, you agree to these Terms of Service. Where you sign a separate written contract for landscaping works, that contract prevails over these terms to the extent of any inconsistency.
2. Services
Nook Scapes provides landscape design, construction, planting and associated outdoor services as described in individual quotes and service agreements. The specific scope, timeline and pricing for each project will be set out in a written quote or contract provided to you before work commences.
For residential work over $5,000 (including GST), we will provide a written contract that complies with the Home Building Act 1989 (NSW). These website terms do not replace that contract.
3. Quotes and acceptance
All quotes provided are valid for 30 days from the date of issue unless otherwise stated. A quote does not constitute a binding agreement until both parties have signed a service agreement or the quote has been formally accepted in writing.
Quotes are based on information available at the time of preparation. If site conditions or scope change materially, we reserve the right to provide a revised quote before proceeding.
4. Payment terms
Payment terms will be set out in your service agreement. Unless otherwise agreed in writing:
- A deposit is required prior to commencement of works
- Any deposit will not exceed 10% of the contract price, in line with the Home Building Act 1989 (NSW)
- Progress payments may be required at agreed milestones
- Final payment is due on practical completion
Overdue invoices may attract interest at the rate of 10% per annum, where this is set out in your signed contract. If an invoice remains unpaid 7 days after we give you written notice, we may suspend works until payment is received.
5. Your obligations
You agree to:
- Provide accurate information about the site and your requirements
- Ensure access to the site as reasonably required to complete the works
- Obtain any necessary council or body corporate approvals prior to works commencing
- Notify us promptly of any concerns or changes to scope
6. Variations
Any changes to the agreed scope of works must be agreed in writing before additional work is carried out. Variation costs will be quoted and confirmed before proceeding.
7. Defects and warranty
We warrant that our workmanship will meet a professional standard. Where defects in our workmanship are identified within a reasonable period following completion, we will attend to remedy those defects at no additional cost to you.
This warranty does not cover damage caused by misuse, normal wear and tear, third-party interference, or failure to follow any care or maintenance instructions we provide.
Nothing in these terms limits any rights you have under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) or the statutory warranties in section 18B of the Home Building Act 1989 (NSW), which apply to our residential work and cannot be excluded.
8. Liability
Where the law allows us to limit our liability, our liability is limited to re-supplying the services or refunding what you've paid for them. We do not limit liability where the law does not allow us to, including for breaches of the consumer guarantees and statutory warranties that apply to residential building work. We are not liable for any indirect, consequential or special loss to the extent permitted by law.
9. Dispute resolution
If a dispute arises, both parties agree to attempt to resolve it by good-faith negotiation before resorting to formal proceedings. If unresolved, disputes may be referred to mediation or a relevant industry dispute body. These terms are governed by the laws of New South Wales, Australia.
10. Intellectual property
All design concepts, drawings, plans and documentation we prepare remain our intellectual property until final payment has been received in full, at which point rights transfer to you for the specific project purpose.
11. Privacy
Your personal information is handled in accordance with our Privacy Policy.
12. Changes to these terms
We may update these website terms from time to time; the current version will always be on this page. Changes to these website terms do not change any signed contract you have with us. Variations to a signed contract require both parties' written agreement.
13. Contact us
For questions about these terms, please contact:
Nook Scapes
Illawarra, NSW, Australia
Phone: 0422 413 512
Or use our enquiry form.