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These Terms & Conditions apply to all services provided by Tom’s Outdoor Solutions and form part of any quotation, invoice, agreement, or work undertaken unless otherwise agreed in writing.

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1. Acceptance of Quote

Acceptance of a quote may occur by written confirmation, verbal confirmation, electronic communication, or by allowing work to commence.

Acceptance constitutes agreement to these Terms & Conditions.

2. Quote Validity

Quotes are valid for 14 days unless otherwise stated.

Tom’s Outdoor Solutions reserves the right to revise pricing after this period.

3. Scope of Work

All quotes are based on the scope of work described in the quotation.

Any work outside this scope may result in additional charges.

4. Variations

Any changes requested by the client after acceptance of the quote may result in additional charges.

Variations may include but are not limited to:

• design changes
• additional excavation
• additional materials
• extra labour
• unforeseen site conditions

5. Payment Terms

Payment is due within the time specified on the invoice unless otherwise agreed in writing.

Tom’s Outdoor Solutions reserves the right to require deposits or progress payments for certain projects.

5A. Deposits
Tom’s Outdoor Solutions may require a deposit before scheduling or commencing work. Deposits are non-refundable where the client cancels after materials have been purchased, equipment booked, or work has been scheduled.

6. Late Payments

Overdue invoices may incur administration fees, interest, and recovery costs where permitted by law.

Tom’s Outdoor Solutions reserves the right to suspend further work until payment is received.

7. Debt Recovery

If payment remains outstanding, Tom’s Outdoor Solutions reserves the right to:

• engage a debt collection agency
• commence legal proceedings
• recover any reasonable costs associated with debt recovery

8. Site Access

Clients must ensure clear and safe access to the work area.

Restricted access may result in additional labour or machinery costs.

9. Machinery Access Limitations

Quotes assume reasonable access for machinery.

Where access is restricted, additional time, labour, or alternative equipment may be required which may incur additional charges.

10. Ground Conditions

Quotes assume normal ground conditions.

Additional costs may apply where the following are encountered:

• rock
• buried concrete
• tree roots
• buried debris
• unstable ground
• other underground obstructions

11. Underground Services

Clients are responsible for identifying and disclosing any known underground services including:

• irrigation
• electrical
• plumbing
• gas
• drainage

Tom’s Outdoor Solutions is not responsible for damage to undisclosed or unmarked services.

12. Hidden Ground Conditions Clause

All excavation and ground works are quoted based on normal soil conditions. Where rock, buried concrete, tree roots, underground structures, or other hidden obstructions are encountered, Tom's Outdoor Solutions reserves the right to charge additional costs for the extra time, labour, machinery use, or specialised equipment required to complete the work.

13. Client Markings & Measurements

Where clients provide markings or measurements for works such as posts, excavation, or installations, Tom’s Outdoor Solutions will make reasonable efforts to follow those markings.

Clients are responsible for confirming accuracy prior to work commencing.

14. Excavation & Site Leveling
Site levelling and excavation work involves the redistribution of existing soil unless otherwise specified in the quote. Final levels are achieved using excavation equipment and minor variations in level or finish are normal. Removal of excess soil, importation of materials, compaction testing, or construction of retaining structures are not included unless specifically stated in writing.

15. Positioning Tolerances

Due to ground conditions, machinery limitations, and underground obstructions, minor deviations in positioning may occur and are considered acceptable within standard construction tolerances.

If precise alignment or engineering tolerances are required, this must be specified before work begins.

16. Materials Removed From Site

Unless otherwise agreed, materials removed from site including soil, concrete, pavers, rubble, vegetation, and other debris become the property of Tom’s Outdoor Solutions for disposal or reuse.

17. Recovery of Materials for Non-Payment

Where payment is not made within agreed terms, Tom’s Outdoor Solutions reserves the right, where legally permitted, to recover supplied materials or equipment from the property.

18. Client Responsibilities

Clients must ensure:

• pets and children are kept clear of work areas
• adequate access is provided
• any required approvals or permissions are obtained

19. Weather Delays

Work may be delayed due to weather conditions or other factors outside the control of Tom’s Outdoor Solutions.

Such delays do not constitute breach of contract.

20. Property Damage

Tom’s Outdoor Solutions will take reasonable care while performing work.

However the business is not liable for:

• pre-existing damage
• hidden ground conditions
• damage caused by undisclosed services
• minor disturbance to surrounding surfaces during works

21. Completion Times

Estimated completion times are provided as a guide only and may vary depending on weather, site conditions, or unforeseen circumstances.

22. Warranty

Tom’s Outdoor Solutions warrants workmanship to be carried out with reasonable care and skill.

Warranty does not apply where damage occurs due to misuse, external factors, or alterations by others.

23. Governing Law

These Terms & Conditions are governed by the laws of South Australia.

Any disputes will be subject to the jurisdiction of South Australian courts.