1. These are the terms and conditions by which Paul Mellor trading as Evergreen Blades ABN 90930151234 agrees to provide professional Lawn mowing, Landscaping and Gardening (“Services”). For the avoidance of doubt, the terms and conditions are intended to be legally binding under the laws of the state of Western Australia, and by engaging Evergreen Blades to provide Services, you agree to be bound by these terms and conditions.
  2. In this terms and conditions, unless the context dictates otherwise:

    1. Business Day means a day on which the banks are ordinarily open for business in Perth, excluding Saturday, Sunday and public holidays;
    2. Contractor means an appropriately skilled (and where appropriate, licensed) third party whom Evergreen Blades engages to complete all or part of the Services on its behalf;
    3. Fee means the amount that you agree to pay to Evergreen Blades in consideration of the Services, as set out in its quote to you, or otherwise agreed either orally or in writing;
    4. Materials means any materials, goods, parts or items that:
      1. Evergreen Blades needs to complete the Services; or
      2. a Contractor needs to complete the Services on Evergreen Blades’s behalf.
    5. Evergreen Blades means Paul Mellor trading as Evergreen Blades ABN 90930151234;
    6. Services means the general Lawn and Garden Maintenance services that Evergreen Blades has agreed to provide to you, or agrees to provide to you, as set out in its quote to you, or as otherwise discussed with you; and
    7. You or your is a reference to the person to whom Evergreen Blades is providing the Services.
  3. When engaged to provide Services, Evergreen Blades agrees to:
    1. Endeavour to commence work on the date that it indicates that it will commence work on any quote or estimate, or as discussed with you, and complete the Services by the date indicated on that quote or estimate or as otherwise indicated to you;
    2. Provide the Services:
      1. Using reasonable skill and care;
      2. In compliance with commonly accepted practices and standards in the Lawn And Garden industry such as the Lawn Mowing Contractors association of WA (LMCA); and
      3. In compliance with all relevant laws and regulations at the time that the Services are carried out.
    3. Notwithstanding sub-clause (a), you recognise that unforeseen circumstances may prevent Evergreen Blades from commencing work on the date that it indicated it will commence work, and Evergreen Blades may not finish providing the Services within its estimated timeframe. Evergreen Blades will not incur liability for failing to start work on the date that it indicated that it would start work, or for failing to complete the Services by the intended completion date (provided that it has used reasonable endeavours to complete the Services by that date).
  4. Notwithstanding anything else in these terms and conditions, by engaging Evergreen Blades, you agree that Evergreen Blades may itself engage a Contractor or Contractors to provide part or all of the Services. You will not bring any claim against Evergreen Blades based on this, and are not permitted to terminate your agreement with Evergreen Blades to provide the Services.
  5. By engaging Evergreen Blades to undertake provide Services you agree that:
    1. You are obligated to pay the Fee in full as follows (unless Evergreen Blades indicates otherwise on a quote, or estimate, or unless Evergreen Blades expressly agrees otherwise elsewhere):
      1. By paying a deposit of 50% of the Fee on the day that you engage Evergreen Blades to provide the Services; and 
      2. By paying 25% of the Fee on the day that Evergreen Blades commences providing the Services; and
      3. By paying the balance on the day that Evergreen Blades complete the Services.
    2. Notwithstanding clause 5(a), if you engage Evergreen Blades via an online market place or job board (such as “Airtasker” “Gumtree”, “Oneflare”,  and so on) you will be taken to have agreed to:
      1. pay the Fee at the time that payment is normally due in that online market place or job, if such a time exists; and
      2. where necessary, to promptly release payment to Evergreen Blades on Evergreen Blades’s request.
    3. Except in the case of online marketplaces or job boards such as those mentioned above, you agree to pay Evergreen Blades by the payment method indicated on Evergreen Blades’s invoice to you, or as Evergreen Blades otherwise lawfully directs; 
    1. For the avoidance of doubt, in any case in which there is a dispute in regard to the Services, unless you have attained a judicial or tribunal order otherwise, you must pay the amount that Evergreen Blades is claiming in full (and in the case of an online marketplace, release payment to Evergreen Blades promptly on Evergreen Blades’s request). Evergreen Blades will reimburse you for any part of the Fee that is subsequently held not to have been due to it;
    2. You agree that you may not refuse to pay the Fee or any part thereof where there is a minor or inconsequential defect or error in the performance of the Services, and where a substantial and significant part of the Services is not provided or provided in a professional manner, a judicial body or tribunal may only order a refund or deduction to the proportionate extent that the Services have not been appropriately completed.
  1. You acknowledge that unless Evergreen Blades indicates otherwise, the Fee is exclusive of the cost of Materials. Unless Evergreen Blades indicates otherwise, you agree to pay Evergreen Blades the cost of Materials in full and at the same time that you pay the Fee.
  2. You acknowledge that:
  3. Evergreen Blades’s total liability arising out of or in connection with the Services or these terms and conditions, however arising, including but not limited to under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you;
    1. You understand and agree that Evergreen Blades, and any employee supplier, manufacturer or affiliate of Evergreen Blades, and any Contractor shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
  4. If you are required to pay the Fee by instalments and do not pay part of the Fee on time, Evergreen Blades may cease providing the Services to you and claim the remainder of the Fee as damages.
  5. In the event that any dispute arises in relation to your engagement of Evergreen Blades, you agree, prior to commencing any legal action or seeking recourse from any judicial or quasi-judicial body to:
    1. Bring the matter to Evergreen Blades’s attention in writing; and
    2. Allow Evergreen Blades 10 Business Days to respond; and
    3. On receipt of Evergreen Blades’ response, if necessary, negotiate in good faith with Evergreen Blades for at least 21 days.
  6. For the avoidance of doubt, clause 9 applies even in the case of contracts via online marketplaces, except to the extent that the terms and conditions of those online marketplaces expressly provide otherwise.
  7. You acknowledge that Evergreen Blades may provide information in relation to you and/or your business to third-party advisers and service providers including but not limited to hosting and accounting services. You consent to Evergreen Blades doing so and acknowledge that Evergreen Blades is not able to control how those third parties use information which they receive from Evergreen Blades. You expressly agree that you will not hold Evergreen Blades liable for any loss due to the willful or negligent act or omission of such third parties, including but not limited to in relation to the theft or wrongful transmission of your intellectual property, and any professional errors made by such third parties.
  8. In the event that you become insolvent or bankrupt, you agree that Evergreen Blades may:
    1. Cease providing the Services and retain any part of the Fee already paid;
    2. Demand payment of the Fee in full, and a legal from a qualified legal practitioner that such funds will not be ordered returned once paid prior to continuing to provide the Services;  and
    3. To the extent permitted by law, enter onto your premises and take possession of any items which are not fixtures and which it has already completed maintenance or handy-man work on, and sell those items to recover the balance of the Fee owing to it.
    4. You agree to release and indemnify Evergreen Blades against any liability that it incurs in exercising its rights under this clause 12. 
  1. You acknowledge that Evergreen Blades does not provide any warranty as to the quality of its workmanship and the Materials except:
    1. As and to the extent required by West Australian law; and
    2. As expressly set out in these terms and conditions.
  2. Evergreen Blades reserves the right to amend these terms and conditions at its discretion. If it does so, it will write to all existing customers who may be impacted. To the extent permitted by law, their continued engagement of Evergreen Blades to provide Services will be taken to indicate acceptance of the revised terms and conditions.
  3. If any part of these terms and conditions is found to be unlawful, it will be read down or severed, but only to the extent necessary to ensure compliance with relevant laws.