Tonka Tuff Industries

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 TERMS AND CONDITIONS.

The Terms and Conditions herein shall be incorporated in all agreements between Tonka Tuff Industries ABN: ​26480273884 (“Tonka Tuff Industries”) and its Customers (the person/s named as “the Customer” in the quotation, Invoice and/or Licence). In the event of any inconsistency between the Terms and Conditions and the further Conditions stated in the Quotation, Invoice or Licence, the further Conditions shall take precedence.

  1. All work undertaken will be discussed and agreed prior to the start date and all work will be completed from the original design/ notes taken down on job sheet from first site visit by Tonka Tuff Industries unless otherwise agreed.
  2. Tonka Tuff Industries reserves the right to cancel or completely walk away from any work and or Jobsite they believe to be non Complaint With Australian Safety Standards or that becomes beyond the scopes of their capabilities at any time without prior warning. If this occurs Tonka Tuff Industries will work out job costings for works carried out until this point and Invoice accordingly.
  3. The estimate/original price for work includes all materials and labour specified as part of the original design, supplied by ​Tonka Tuff Industries, unless arranged prior to commencement date or upon initial first visit.
  4. Errors and changes to the original plan by ​Tonka Tuff Industries are accepted on all quotes which will be discussed with the customer.
  5. The customer will be responsible for all payments to ​Tonka Tuff Industries​, unless otherwise notified in writing prior to commencement.
  6. Payment methods are cash or internet bank transfer.
  7. Tonka Tuff Industries require a non-refundable holding deposit of the Materials Price on quotation payable immediately after confirmation of quote.This is to stop any supply issues of Materials for on time Deliveries and Commencement of Works. There is an exclusion for Public Holidays and During the Festive Holidays as many Businesses will not be operating and thus can cause a delay in some orders during this time (December - January For Christmas Holidays, and April for Easter Holidays) but not limited just to these dates.
  8. The holding Deposit is required up to 1-3 weeks prior to work commencing (depending on materials) so materials can be purchased/ordered for the start date of the agreed work. If Cancellation occurs All Materials purchased with Deposit becomes the property of Tonka Tuff Industries.
  9. Final payment must be made by the customer immediately upon completion of works.
  10. Tonka Tuff Industries​ will not accept payment plan/s or accept “Gift/s” or “Item/s of Value” as payment.
  11. Tonka Tuff Industries understand and will exercise their statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if they are not paid according to agreed credit terms Also an Administration fee of $35.00 will be added for every attempt to have payment made. These charges are accrued weekly and will be added to Invoice on the 7th day of every week whilst Invoice remains unpaid.
  12. Any addition and/or alterations to the schedule/project shall be discussed with the customer. However on occasion Tonka Tuff Industries reserves the right to change start date at any time before Commencement of Works without Notice or Reason.
  13. Any service provided by Tonka Tuff Industries to the customer in excess of that specified in the quotation shall be subject to further charges and performed as soon as reasonably practicable.
  14. Extra charges will apply if the customer changes their mind after the service is completed and or changes mind on products after they have been delivered.
  15. The customer shall provide water and electricity, if needed, at no charge to ​Tonka Tuff Industries.
  16. The customer shall provide access to the site during ​Tonka Tuff Industries normal working hours and storage space for materials during the contract progress.
  17. Tonka Tuff Industries​ will not take responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to Tonka Tuff Industries in writing or apparent on visual inspection. This must be advised or visually brought to any staff or contractor on site/s attention on the first visit or duration of the visit.
  18. All, or any special conditions, of which Tonka Tuff Industries​ has been informed are noted in the quotation.
  19. Tonka Tuff Industries are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion unless a maintenance contract is in existence. Maintenance is not included in the contract unless specified.
  20. If necessary, Tonka Tuff Industries reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.
  21. After practical substantial completion, Tonka Tuff Industries are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any products or material(s) including plants.
  22. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the customer and will require regular attention until established. Great care is taken to remove all weeds/roots from the site when being prepared, but Tonka Tuff Industries cannot accept responsibility for subsequent weed growth on completion of the project.
  23. It is very important and the sole responsibility of the customer to ensure Tonka Tuff Industries are made aware of any special/statutory bylaws/conditions/permissions that may be involved.
  24. Tonka Tuff Industries accept no responsibility for works that have been carried out on land that is not under the ownership of the customer and it is assumed that all planning laws or regulations have been applied before the commencement of any works.
  25. Severe weather conditions, including drought, storms, lightning, acts of God, flooding, earthquake, Godzilla, may cause the delay of visits but this will not affect the original, agreed price.
  26. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
  27. All materials, hard and soft landscapes on site including plant/s remain the property of ​Tonka Tuff Industries until payment is received in full and Tonka Tuff Industries reserve the right to remove said property if the unpaid debt remains after 7 days.
  28. Tonka Tuff Industries does not accept liability for efflorescence, colour or size variation in the products and materials which will be purchased or delivered as part of the work completed.
  29. Tonka Tuff Industries provides no warranty and accepts no liability whatsoever in respect of the condition or quality of the products and materials after we have left site in a functional working order and visually aesthetic design. Unless the customer notifies us within 5 business days of works being completed on site.
  30. The ​customer ​indemnifies Tonka Tuff Industries for any and all future liabilities, losses, damages, costs or expenses which may be suffered, incurred or associated as a result of anything that may occur beyond the purchase of products and materials that are purchased and delivered as part of the project.
  31. Tonka Tuff Industries will not be responsible or liable for any structural considerations, the appearance of finished features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed to in writing by Tonka Tuff Industries prior to the start of the project.
  32. Cancellation of work not received before 21 Business days of the actual start of work date, will be subject to a charge of 15% of the quoted price.
  33. These terms and conditions and contract data represents the entire agreement between the parties in relation to the service provided and supersedes all previous written or oral communication.
  34. The contract documents include the quotation, specification, plans and any other documents including emails or messages also anything referred to in the quotation.
  35. These terms and conditions shall apply as the contract to the exclusion of any terms and conditions used by the customer.
  36. No variation of these terms and conditions shall be binding on Tonka Tuff Industries unless in writing and signed by the customer and the Owner of Tonka Tuff Industries.
  37. The contract may not be assigned or transferred by the customer without the prior consent of Tonka Tuff Industries in writing signed by the Owner.
  38. Each party shall keep confidential in all processed, information or data disclosed to it which belongs to the other and shall not disclose the same to any person, firm or company without prior written authority of the other party.
  39. By accepting the quotation provided by Tonka Tuff Industries or by giving the go ahead to commence works previously discussed(either verbally or written), the customer accepts these terms and conditions and all aspects of the agreed contract that make up these terms and conditions and are bound by them.