top of page

Terms & Conditions

 
 

These terms outline the agreement between you and us. They cover our services, changes, scheduling, payments, cancellations, and general expectations to ensure a smooth working relationship. By using our services, you agree to these terms & conditions.

1. Introduction

  1. These Terms and Conditions (“Agreement”) apply to the services listed in Section 3 provided by Retic Tech (“we”, “us”, “our”) to the client (“you”, “your”). By accepting a quote in writing or making any payment toward the quoted services, you agree to be bound by this Agreement. If you do not agree to these Terms and Conditions, the services must not proceed.

  2. Retic Tech is a business operated by Retic’Tech Pty Ltd (ACN 692 376 775).

2. Definitions

  1. Contractor means Retic Tech and any employee, subcontractor, or authorised representative engaged to perform the Works on our behalf.
     

  2. Client means the individual, company, or legal entity named on the quote or invoice requesting the Works.
     

  3. Works means the services performed and/or materials supplied by the Contractor under this Agreement.
     

  4. Materials means all physical items supplied or installed as part of the Works, including but not limited to plants, soil, mulch, turf, pavers, concrete, fencing, reticulation components, and other landscaping or hardscaping materials.
     

  5. Equipment means all tools, machinery, and vehicles used to carry out the Works, including but not limited to excavators, loaders, vehicles, trailers, and power tools.
     

  6. Price means the total amount payable for the Works, including GST unless expressly stated otherwise.

3. Services Provided

We provide the following services, as specifically described in the accepted quote or scope of works:

  1. Landscaping design & installation, which may include (where quoted) natural or synthetic turf, paving, fencing, retaining walls, rendering, and related works.

  2. Reticulation system including installation, maintenance, and repairs.

  3. Garden and lawn care advice, provided as general guidance only and not as a guarantee of outcomes.

  4. Other services, only where expressly agreed in writing and included in the quoted scope.

4. Exclusions and Limitations

While we take reasonable care and skill in providing our services, we are not responsible for issues arising from factors outside our control or not caused by our workmanship.

  1. We are not responsible for staining, discolouration, deterioration, or damage caused by pets (including urine), weather, sun exposure, poor water quality, soil conditions, misuse, neglect, or failure to follow care instructions. Materials such as pavers, limestone, concrete, bricks, turf, and fencing require ongoing maintenance and regular cleaning, which is the Client’s responsibility.
     

  2. We are not responsible for delays, damage, or additional costs caused by unsuitable site conditions, restricted access, unfinished site preparation, or changes to site readiness. Any resulting delays or additional work will be managed in accordance with Section 6 (Variations & Rescheduling).
     

  3. We take reasonable care during excavation and installation works, including making reasonable enquiries based on information available at the time. However, we are not responsible for loss or damage arising from underground services that are concealed, inaccurately identified, not disclosed by the client, or not reasonably identifiable before or during the works despite the exercise of reasonable care. Any delays, additional work, repairs, or costs resulting from such services will be treated as a variation under Section 6 (Variations & Rescheduling).
     

  4. The Client must ensure that no unauthorised persons, pets, or animals access the work area during the Works. We are not responsible for damage caused by pets, occupants, visitors, or any interference with the site during the Works.
     

  5.  Ongoing maintenance of plants, lawns (including soil care, mowing, pest control), reticulation systems, and hardscapes after completion is the Client’s responsibility.
     

  6. We are not responsible for delays caused by material or plant shortages, supplier delays, or factors outside our control.
     

  7. We are not responsible for the quality, suitability, performance, or failure of materials supplied by the Client. Where client-supplied materials are defective, unsuitable, incomplete, or of a quality that requires additional labour, handling, or installation time beyond what would reasonably be expected, any resulting changes are managed in accordance with Section 6 (Variations & Rescheduling).
     

  8. We are not responsible for damage occurring after completion of our works, including damage caused by pets, other trades, occupants, visitors, or third parties.
     

  9. If payment is not made in accordance with this Agreement, we may suspend the Works. We are not responsible for any delay, damage, or incomplete work resulting from such suspension.

5. Customer Obligations & Responsibilities

To ensure the Works can be carried out efficiently and as quoted, the Client agrees to the following:

  1. Design, Scope & Changes     

    1.1 The Client must provide accurate information and clearly communicate any specific design, aesthetic, alignment, spacing, or performance requirements in writing before work commences.


    1.2 General requests such as “done well”, “neat”, or “high quality” refer to workmanship and functional performance, not specific design outcomes or visual preferences.


    1.3 Changes of mind, new preferences, or additional requests made after acceptance of the quote or after work has commenced are treated as variations.
     

  2.  Site Readiness, Access & Scheduling
    2.1 The Client must ensure the site is ready for works as scheduled, including completion of any required earthworks, soil preparation, or third-party works.

    2.2 Last-minute changes, rescheduling requests, or delays caused by the site not being ready may result in additional charges, including labour, equipment, or supplier costs.

    2.3 The Client must provide safe, clear, and unobstructed access to the site and work areas at all times.

     

  3. Conduct & Respect

    3.1 The Client agrees to treat our employees, subcontractors, and representatives with respect at all times. Abusive, threatening, aggressive, discriminatory, or inappropriate behaviour toward our staff will not be tolerated. Where such behaviour occurs, we reserve the right to suspend or cease works until the issue is resolved. Any resulting delays or costs may be treated as variations. We are not required to continue work where the health, safety, or well-being of our staff is at risk.

    3.2 The Client must not engage in conduct, or make or publish any false, misleading, or defamatory statement, that could reasonably cause harm to the Contractor’s business or reputation, whether during the provision of the services or after completion.

     

  4. Safety & Interference:

    The Client must ensure that pets, animals, and unauthorised persons do not access the work area during the Works. We are not responsible for delays, defects, or damage caused by site interference, pets, occupants, or visitors. 
     

  5.  Approvals & Services:

    5.1 The Client is responsible for obtaining all necessary approvals, permits, and permissions prior to commencement of the Works (including council or landlord approval where required).
     

    5.2 The Client must disclose any known underground services and provide any relevant information available to them. Dial Before You Dig information may be used as a guide only and does not identify all underground services, particularly private services.
     

  6. Materials & Expectations

    6.1 The Client is responsible for reviewing and confirming that selected or supplied materials meet their expectations in relation to colour, size, finish, and appearance prior to installation.

    6.2 Installation time and pricing are based on standard-quality materials. Additional time or costs arising from unsuitable or defective client-supplied materials may be treated as variations. 

     

  7. Site Conditions & Ongoing Care:


    7.1 The Client is responsible for managing non-work-related waste on site. We will remove only waste generated by our Works.

    7.2 The Client acknowledges that construction works involve noise, dust, and machinery and agrees to reasonable working conditions.

     

    7.3 After completion, the Client is responsible for ongoing care and maintenance of lawns, plants, landscaped areas, and hardscape elements, including watering, mowing, pest control, cleaning, sealing where applicable, and compliance with care instructions.

    7.4 Natural ageing, weathering, fading, staining, or wear of materials such as pavers, concrete, stone, timber, paint, and finishes over time is considered normal and does not constitute a defect where the Works were completed with due care and skill.

6.  Variations & Rescheduling

  1. Any change to the agreed scope of works (quote), including changes to design, materials, layout, timing, access, site conditions, sequencing, or method of performance, constitutes a variation.
     

  2. Variations may arise from client requests, changes of mind, site conditions, access issues, undisclosed underground services, defective or unsuitable client-supplied materials, supplier delays ,or other circumstances beyond our control.
     

  3. We are not required to carry out any variation unless approved by the Client in writing. Verbal instructions are not binding unless confirmed in writing.
     

  4. Approved variations may result in adjustments to the price, scope, timing, or completion of the Works.
     

  5. Unless otherwise agreed in writing, all variation costs, including additional labour, materials, rescheduling, supplier, or equipment hire costs, are payable upon completion of the variation works. Failure to pay may result in suspension of the Works.

7. Payment Terms

  1. Quotations & Payments: Quotes are valid for the period stated on the quote and are not binding until a deposit is received. A 40% deposit is required for standard projects. For projects with a duration exceeding 10 working days, a 50% deposit is required, with a further 40% payable at the project midpoint. The final balance is payable upon completion of the Works.
     

  2. Variations & Additional Charges:
    2.1 Extra costs may apply where changes or rescheduling occur at short notice, including labour reallocation, supplier cancellations, material costs, or equipment hire changes.


    2.2 Unless otherwise agreed in writing, charges for variations are payable upon completion of the variation works. Failure to pay may result in delays or suspension of the Works
     

  3. Late Payments:  Invoices not paid by the due date may incur interest at 2.5% per month, calculated monthly. The Client is responsible for all reasonable costs incurred in recovering overdue amounts, including administrative, legal, and debt collection costs.

8. Ownership of Materials & Intellectual Property

  1. All designs, drawings, plans, layouts, and related documents prepared by us remain our intellectual property and are protected under Australian copyright law. Ownership of these materials does not transfer to the Client unless expressly agreed in writing. Payment for design or quoting does not grant a licence to reuse designs unless stated.
     

  2.  Ownership of physical materials supplied and installed as part of the Works transfers to the Client only upon full payment of all amounts due under this Agreement and completion of the Works.

9. Use of Photos and Media

  1. We may take before-and-after photos or videos of completed projects for marketing purposes, including use on our website and social media. Images will not intentionally identify individuals or display street numbers. By accepting this Agreement, you consent to the use of such images unless you notify us in writing before work commences that you do not consent. While we take reasonable steps to use images respectfully, we are not responsible for unauthorised third-party use once images are publicly published.

10. Delivery, Completion & Deadlines

  1. Any commencement or completion dates provided are estimates only. We are not liable for delays caused by weather conditions, client-requested changes, supply or delivery issues, site readiness, or the actions of third parties.
     

  2. Delays may occur due to unfinished site preparation, coordination with other trades, availability of materials, weather, or other unforeseen circumstances outside our control. Delays may also occur where materials supplied by the Client are defective, unsuitable, incomplete, or require additional handling or installation time beyond what would reasonably be expected.
     

  3. A minimum of 5 business days’ notice is required for cancellations or rescheduling. Fees may apply where short-notice changes result in labour reallocation, supplier cancellations, or equipment hire costs.

11. Warranty & Guarantees

  1. We warrant that the Works will be carried out with due care and skill. This warranty does not apply to damage or issues arising from misuse, neglect, lack of maintenance, pets, environmental factors, third-party actions, or changes made by the Client during or after the Works.
     

  2. Materials supplied by us are covered by the manufacturer’s warranty, where applicable. We do not provide additional warranties beyond those offered by the manufacturer. Second-hand or reused materials are supplied as-is, to the extent permitted by law.
     

  3. We do not warrant the quality, suitability, performance, durability, or appearance of materials supplied by the Client. Issues arising from such materials are not considered defects in our workmanship. Additional labour or costs required as a result may be treated as variations.
     

  4.  We are not responsible for plant loss, disease, or deterioration where care instructions are not followed or where loss results from weather conditions, pests, soil conditions, watering practices, or other factors beyond our control.

12. Materials & Plant Supply

  1. Materials supplied by us will meet the specifications agreed in the accepted quote or scope of works. Natural materials may vary in colour, texture, or appearance and such variation does not constitute a defect.
     

  2. Plants selection is subject to availability at the time of installation. Where required, suitable alternatives may be supplied. Installed plants may differ in size, maturity, or appearance from promotional images or samples. . Plants ongoing health and establishment depend on factors beyond our control.

13. Dispute Resolution

  1. If the Client has any concerns regarding the Works, they must notify us as soon as reasonably practicable and provide us with an opportunity to review and address the issue in good faith. If the matter is not resolved informally, either party may give written notice outlining the details of the dispute and the outcome sought. Upon receipt of a notice of dispute, both parties agree to make a genuine attempt to resolve the matter within 14 days, including by discussion or meeting where reasonably required.
     

  2. Opportunity to Rectify:
    2.1 Where the Client raises a concern regarding the Works, the Client must provide us with reasonable access and opportunity to inspect and, where required under the Australian Consumer Law, rectify the issue.

    2.2 If the Client refuses or unreasonably restricts access, or declines rectification offered by us, we will not be responsible for any ongoing or related issues, and the Client’s remedies may be limited to the extent permitted by law.

     

  3. If the dispute remains unresolved after this process, either party may pursue any rights or remedies available under the Australian Consumer Law or through the relevant court, tribunal, or dispute resolution body.

14. Changes and Cancellations

  1. A minimum of 5 business days’ written notice is required for any cancellation or rescheduling. Short-notice changes may result in additional charges.
     

  2. The Client may request changes to the scope of works prior to commencement; such changes may affect pricing and timelines. Where changes are requested after work has commenced, the Client may be responsible for additional costs, including supplier charges, materials already ordered, labour, rescheduling fees, or equipment hire cancellations.
     

  3.  The Client may cancel the project at any time. In the event of cancellation, the Client remains responsible for payment of all works completed to date, materials purchased or ordered, hired equipment, and any other costs reasonably incurred up to the date of cancellation.
     

  4. We may suspend works if payment is not received by the due date or if the Client otherwise breaches this Agreement. We are not liable for any delay, damage, or loss arising from such suspension, to the extent permitted by law.
     

  5.  We may cancel the project prior to commencement by providing written notice. Any amounts paid will be refunded, less any costs already reasonably incurred. We are not liable for indirect or consequential losses arising from such cancellation, except where required by law.

15. Force Majeure

  1. We are not liable for any delay or failure to perform the Works caused by circumstances beyond our reasonable control, including but not limited to natural disasters, extreme weather events, strikes, supply or transport disruptions, government actions, or utility failures. We will notify the Client as soon as reasonably practicable where such circumstances affect the Works

16. Liability & Indemnity

  1. Our services are provided to achieve a functional outcome suitable for the agreed scope of works and are carried out with due care and skill. Unless expressly agreed in writing prior to commencement, the layout, appearance, and visual outcomes of the Works are determined by the agreed scope of works, site conditions, and practical constraints. Where the Works comply with the agreed scope and are functional, dissatisfaction based on appearance alone does not constitute a defect. To the extent permitted by law, our liability arising from the Works is limited to the amount paid for the relevant services.
     

  2. Risk in the Works and materials passes to the Client upon delivery or completion, whichever occurs first.
     

  3. T​​he Client is responsible for any loss, claim, or damage arising from the Client’s actions, instructions, misuse, failure to follow advice, or unauthorised modification of the Works, to the extent permitted by law. 

17. Amendments

  1. We may amend these Terms and Conditions from time to time. Updated terms will apply to new services and to ongoing services from the date they are provided to the Client, unless otherwise agreed in writing.

  2. Version 3.0 Last updated 05/01/2026.

17. Miscellaneous

  1. This Agreement and any documents expressly incorporated into it form the entire agreement between the parties. If there is any inconsistency between these Terms and Conditions and an accepted quote or written scope of works, the accepted quote or written scope of works prevails to the extent of the inconsistency.
     

  2. If any provision of this Agreement is held to be invalid, unlawful, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.
     

  3. A failure or delay by either party to enforce any right under this Agreement does not constitute a waiver of that right.
     

  4. This Agreement is governed by and construed in accordance with the laws of Western Australia.
     

  5. The Client may not assign, transfer, or novate this Agreement or any rights under it without our prior written consent.
     

  6. We hold current public liability insurance for accidental injury or property damage arising from our Works. Evidence of coverage is available upon reasonable request.

bottom of page