PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER OR REQUESTING A QUOTE FROM OUR WEBSITE
When you request a quote, make a purchase from Greener Lawn and/or The Turf Shop, or use one of the Greener Lawn Supplies Pty Ltd websites, you agree to be bound by the following terms and conditions.
If you have questions or concerns regarding these terms, or the quality of the products you have purchased, please direct your inquiries to: Margaret Muscat, Director firstname.lastname@example.org (02) 4579 7049
A. “Greener Lawn”, “The Turf Shop” and “Us/Our” means Greener Lawn Supplies Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Greener Lawn Supplies Pty Ltd.
B. “You/Your” means any current or potential client or customer (or any person acting on behalf of and with the authority of a client or customer) accessing a Greener Lawn Supplies Pty Ltd website forms and/or processes to obtain or inquire about Greener Lawn Goods and/or Services.
C. “Goods” means Goods supplied by Greener Lawn to You (and where the context so permits includes any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Greener Lawn to You.
D. “Services” means delivery and installation. E. “Price” means the price payable for the Goods as agreed between Greener Lawn and You in accordance with clause IV of these terms.
A. These terms and conditions and any contract to which they apply are governed by the laws of New South Wales, Australia and are subject to the jurisdiction of the courts of New South Wales, Australia.
B. The Competition and Consumer Act 2010 (CCA) Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA, except to the extent permitted by the Act where applicable.
C. Severability If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
A. Any instructions received from You whether directly or via the websites for the supply of Goods, and/or Your acceptance of supplied Goods, constitutes Your acceptance of the terms and conditions contained herein. B. Where more than one Client has entered into this agreement, the Clients are jointly and severally liable for all payments of the Price. C. By purchasing a product from Our website You warrant that You are over 18 years of age and have the capacity to make a legally binding contract.
V. Price and Payment
A. All prices are in Australian Dollars, payment is due at the time of ordering.
i. Quoted prices will remain in effect for a period of three months. ii. Where products described in a price quote are no longer available at the time of order, Greener Lawn will attempt to meet that price with a product of equal or greater value and will notify You of the substitution before the order is processed. iii. Quotes are specific. In the event You wish to vary any one of the specifications, Greener Lawn reserves the right to change the quoted prices.
A. Delivery terms and prices are set out on the Delivery Information website page.
B. Products are delivered via either Australian Post or Greener Lawn delivery trucks.
C. Turf Orders are delivered via either Greener Lawn delivery trucks or are available for pick up.
VII. Credits and Returns
A. Any application for product returns or credits can be made through the form provided on the website, subject to these terms and conditions. B. In order to obtain a credit or replacement of any Greener Lawn product You must notify Greener Lawn within seven (7) days of the date of delivery (time being of the essence). i. Notification can be made either by use of the form or by contacting Greener Lawn directly (See section I. Contact) ii. Upon notification, Greener Lawn will make every effort to, replace or provide a credit to You for any errors on our part. C. You may apply for a credit or replacement of products purchased on the Greener Lawn Websites only if they: i. are faulty, through no fault of your own; ii. have defects that were not otherwise obvious; iii. turf product is dead or severely damaged on arrival
A. There are rare occasions when between the time of a quote and/or order and time of delivery, the product may no longer be available. Greener Lawn will make every effort to supply a substitute product of the same or greater value. However, in the event of inability to provide appropriate substitute, Greener Lawn may cancel Your order and refund Your payment without any further liability as to damages.
B. You may only cancel delivery of non-turf products without liability and only before the Goods are dispatched for delivery. i. In the event that You cancel delivery of Goods after dispatch, You may be liable for any loss incurred by Greener Lawn up to the time of cancellation.
C. Turf orders are processed within 24 hours and cannot be cancelled after the order has been cut and prepared for delivery.
IX. Availability of products
Prices and availability of all products are subject to change without notice. Errors will be corrected as they are discovered. Greener Lawn reserves the right to revoke any offer, correct any error, omission or inaccuracy at any time (including after an order has been placed).
X. Risk and Title
Greener Lawn will retain the title to the products You order until You have made payment in full for those products, but all risk in the products will pass to You upon delivery to, or collection by, a postal or courier service.
XI. Information on Our site
While every effort is made to ensure the accuracy of the information on Our site no warranty or guarantee is given as to the accuracy of that information. The information on Our site may change at any time without notifying You and You agree that the use of any information is at Your sole risk. Greener Lawn does not represent that any information obtained from Our website is free from viruses or any other faults or defects.
XII. Limitation of Liability & Indemnity
A. You agree to indemnify and hold Greener Lawn and its officers and employees harmless from any claims (incidental, special, exemplary, direct, indirect, consequential or other, including legal costs) of any nature by any third party arising out of, or in connection with, Your use of Our websites, Goods purchased from Our website or arising from the use of Goods purchased on Our website.
B. To the extent permitted by law, Greener Lawn ’s liability for any breach of a condition or warranty is limited in the case of Goods supplied by Greener Lawn to any one of the following at our option: i. The replacement of the Goods or the supply of equivalent Goods; ii. Crediting the Price of the Goods; or iii. The payment of the cost of replacing the Goods or of acquiring equivalent Goods.
C. In the case of Services, Greener Lawn’s liability is limited to one of the following at our option: i. The supplying the Services again; or ii. The payment of the cost of having the Services supplied again.
D. Warranties Nothing in the Terms and Conditions or found elsewhere on Our website is intended to imply any warranties of merchantability, fitness of a particular purpose and non-infringement beyond those required by the CCA.
XIII. Intellectual Property
A. Copyright All images, content and site design and their arrangement is copyright Greener Lawn Supplies Pty Ltd or, in the case of some of the product images and descriptions, of their original owners as presented by Greener Lawn with permission. You may not distribute, modify or reproduce content, images or site design without the written permission of Greener Lawn Supplies Pty Ltd.
B. Trademarks The Greener Lawn logo is a registered trademark of Greener Lawn Supplies Pty Ltd.
XIV. Variation of terms
Greener Lawn reserves the right to change the terms and conditions of the Greener Lawn website without notice. The continued use of the Greener Lawn website constitutes your agreement to all such terms and conditions. Greener Lawn may modify, suspend, discontinue, or expand the extent of the services provided on the Greener Lawn website at any time.