TERMS OF SERVICE
Landscaping, garden construction, planting, drainage and related works
How these terms apply
By accepting a quote the client acknowledges they have had an opportunity to read our Terms of Service. The accepted quote and specifications read alongside our "Terms of Service" define the agreed work.
Business details
Business: Finn's Form & Foliage (Landscaping)
Owner: Finn Bowe
QBCC licence number: 15086423
ABN: 77 646 486 475
Email: finn@formandfoliage.com.au Phone: 0435 038 134
1. Quote acceptance and scope
The quote describes the agreed work, inclusions, exclusions, price and estimated timing. Only work expressly included is covered by the quoted price. Any extra work or change to scope may incur additional charges; proposed changes and costs will be explained and agreed before proceeding and where possible, a new revised quote will be supplied for acceptance - refer to term 9 for more detail.
2. Scheduling and speed of work
Start dates and durations are estimates unless confirmed in writing. Form & Foliage will make reasonable efforts to complete work efficiently, subject to weather, site conditions, supplier availability, access, client decisions, variations and other circumstances outside reasonable control.
Rain, saturated ground, unsafe conditions, extreme weather, material delays or unexpected underground conditions may delay work. Form & Foliage will communicate material delays and revised timing as reasonably practicable.
3. Pricing, payment and invoices
Payment is due according to the accepted quote and invoice. A 10% deposit is requested 7 days prior to work commencement. Progress payments will be required for jobs valued at $15,000 or more at stages during the work. The progress stages will be agreed to in writing prior to quote acceptance.
The quote is based on the information available and its stated assumptions and exclusions. Additional costs for approved variations or unforeseen conditions will be documented and agreed before the extra work is carried out.
If an invoice is overdue, Form & Foliage may give written notice and, where permitted by law, pause work until payment is brought up to date. Any resulting delay may affect the schedule. If work has already been completed and the invoice is overdue, Form & Foliage reserve rights to send the debt to relevant debt collection agencies if unpaid past due date, according to law.
4. Cancellations, refunds and remedies
Cancellation or changes after acceptance may involve reasonable costs already incurred, including approved materials, supplier cancellation charges and completed work, subject to the quote, contract and law. There is no automatic refund of the deposit simply because a client changes their mind about completed work or materials correctly supplied to the agreed specifications.
Nothing in these terms excludes or limits a consumer guarantee or other right that cannot lawfully be excluded under Australian Consumer Law or Queensland law. Any legally required refund, repair, replacement or other remedy remains available.
5. Materials, colours and selections
Material selections—including paver and edging colours, stone and rock types, finishes and plants—should be discussed and confirmed with the landscaper before quote acceptance. The client is responsible for checking selections reflect their preferences and intended use.
A short change window may be available after acceptance, subject to supplier availability, ordering status, cost and scheduling. Changes after ordering, cutting, delivery or installation may incur extra costs and delays.
If a client has not confirmed a required selection by the date reasonably requested, the project may need to be rescheduled. Form & Foliage may move its crew to other booked work and return when the decision is made and a suitable date is available. Resulting delays or costs will be communicated and handled under the quote, contract and applicable law.
6. Excavation, rock and concealed conditions
Unless expressly included in the quote, pricing assumes ordinary excavation and post-hole digging can be completed using standard equipment without rock breaking or subsurface rock jackhammering.
If rock, buried concrete, unexpected services, unsuitable ground, groundwater, roots or other concealed conditions require extra work or equipment, Form & Foliage will notify the client as soon as reasonably practicable. Additional costs and likely delays will be explained and agreed before extra work proceeds, except where urgent action is needed for safety or the law permits otherwise.
The client must disclose known underground services, drainage, irrigation, electrical lines, easements and site restrictions, provide available plans, and keep children, pets and others clear of the work zone.
7. Plant supply, survival and replacement
Form & Foliage will take reasonable care to source plants and will endeavour to supply healthy plants of the agreed type and grade at the time of supply. Plant survival depends on factors outside the landscaper’s control, including weather, soil, drainage, pests, disease, watering, sunlight, transplant shock and ongoing maintenance.
Unless a separate written establishment or replacement warranty is included in the quote, plant survival is not guaranteed and free replacement is not included as standard. The client is responsible for following care instructions and for ongoing watering and maintenance after handover.
Once the work is complete, the site has been handed over and the final invoice paid, ongoing responsibility for plant care and health passes to the client, subject to applicable consumer guarantees and any separate written warranty. This does not exclude liability for plants not supplied as agreed, negligent installation or liability that cannot lawfully be excluded.
8. Site access, safety and client responsibilities
The client must provide safe, reasonable access for workers, tools, machinery, deliveries and waste removal as agreed, and identify property boundaries, easements, known services and site hazards before work begins. Children, pets and visitors must be kept away from active work areas. Work may be paused where conditions are unsafe or access is unavailable.
9. Variations and client-requested changes
Changes to scope, layout, dimensions, materials, finishes or sequence may affect price and completion timing. Variations will be recorded in a new quote, including price and expected delay, and quote acceptance is required before the varied work starts.
10. Completion, handover and defects
At practical completion, Form & Foliage will send the final invoice for payment and provide a reasonable opportunity to inspect the work. Concerns should be sent in writing with photos and a description as soon as practicable following our complaints handling process in term 12. The parties will discuss a reasonable process and timeframe to investigate legitimate issues.
Handover does not remove either party’s rights or obligations under applicable law, including statutory warranties and consumer guarantees where they apply.
11. Photography, videography and project records
Photographs and videos may be taken for project records, progress updates and evidence of completed work for use on social media, website and other promotional collaterals. Photographs will not be used in public marketing in a way that identifies the client or their property without prior verbal or written permission.
12. Complaints handling process
Step 1
Contact us: Write to Finn Bowe at finn@formandfoliage.com.au. Describe the issue, relevant quote or work, outcome sought, and include supporting photos or documents where possible.
Step 2
Review: Form & Foliage will acknowledge the complaint as soon as reasonably practicable, review the information and may request further details or arrange a site inspection within 10 working days.
Step 3
Response: Form & Foliage will provide its findings within 5 working days of site inspection and, where appropriate, propose a remedy or next step. Both parties should make reasonable efforts to resolve the concern in good faith.
Step 4
External assistance: If unresolved, either party may seek help from QBCC, Queensland Office of Fair Trading or another relevant dispute-resolution body, where applicable.
13. Licensing and legal precedence
Form & Foliage Landscaping (Finn's Form and Foliage) is licenced to complete plumbing, drainage and landscape construction work under QBCC licence number: 15086423. These terms of service provide our ways of working and must be read with the accepted quote and specifications. Nothing in these terms excludes or limits rights or obligations that cannot lawfully be excluded or limited.
