1. Application and contract documents
1.1 “Contractor” means the legal entity identified in the signed project contract, trading as Perfect Landscape & Pools. “Client” means the person or entity engaging the Contractor. “Works” means the agreed landscaping, swimming pool construction, decking, concreting and/or fencing works. “Site” means the property identified in the contract.
1.2 These terms apply only where supplied to the Client before agreement and expressly incorporated into the signed contract. A website visit alone does not establish acceptance.
1.3 The contract comprises the signed agreement, scope of works, drawings, specifications, inclusions, exclusions, payment schedule and agreed variations. Applicable law and mandatory contract provisions prevail. Subject to those requirements, a signed project-specific special condition prevails over these supplementary terms where inconsistent.
1.4 Website changes do not retrospectively alter an existing contract. Changes to an agreed project must follow the written variation process.
2. Quotations and agreed scope
2.1 A quotation is valid for 30 days unless another validity period is stated. After expiry, the Contractor may issue a revised quotation before acceptance.
2.2 The quotation must identify the Site, work included, key dimensions, specified materials and equipment, price basis, GST, allowances, exclusions and proposed timing. No project dimensions, engineering details or equipment quantities are assumed from these general terms.
2.3 The Client must disclose known access restrictions, easements, site conditions, services, existing defects and approval conditions relevant to the Works. The Contractor remains responsible for reasonable enquiries, inspections and precautions required of a competent contractor.
2.4 A fixed contract price is not increased merely because supplier, fuel or labour costs increase. Any permitted adjustment must be expressly provided for in the signed contract, comply with applicable law and follow the required notice or variation procedure.
3. Licensing, written contracts and insurance
3.1 The Contractor must hold the licences required for the Works and engage appropriately licensed trades for regulated work. The contracting entity must match the relevant contractor licence.
3.2 Where required, the Contractor must provide a compliant written residential building contract, prescribed consumer information, statutory warranty provisions, cooling-off information and other mandatory documents before the relevant contract or payment steps.
3.3 Where Home Building Compensation cover is required, the Contractor must obtain that cover and provide the Client with the project certificate before taking any payment or commencing work. The contract must identify the applicable cover and its cost.
3.4 The Contractor must maintain insurance required by law and the contract. These terms do not represent that any licence, insurance or approval has already been verified for a particular project.
4. Approvals, designs and certification
4.1 The contract must allocate responsibility and cost for plans, engineering, surveys, geotechnical reports, council or complying-development approvals, certifier appointments, inspections and final certificates.
4.2 Work must not begin until approvals required for that stage are in place. The Contractor must comply with approved documents and must not perform work known to breach an approval or applicable law.
4.3 The Client must provide documents and decisions for matters allocated to the Client within reasonable agreed timeframes. An allocation to the Client does not remove the Contractor’s statutory responsibilities.
4.4 Boundary locations must be confirmed before boundary-sensitive work. Any required survey must be identified in the scope or agreed as a variation; the Contractor does not determine legal boundaries from appearance alone.
5. Site access and safety
5.1 The Client must provide agreed access during agreed working hours and clear movable belongings from affected areas. Access routes, machinery clearances, working hours and protection measures must be recorded in the project documents.
5.2 The Contractor controls its construction activities and must provide reasonable site protection, signage and barriers required for the Works. Children, pets, visitors and unauthorised persons must remain outside the construction area.
5.3 The Client must not move barriers, open excavations or operate equipment without authorisation. The Contractor remains responsible for its own work health and safety duties.
5.4 Water, electricity and toilet access, including associated costs, must be agreed in the contract. Their availability is not assumed.
5.5 Each party is responsible for loss or damage to the extent caused by its breach, negligence or other legally attributable conduct. These terms do not provide a blanket machinery-damage exemption.
6. Concealed conditions and excavation
6.1 Concealed rock, unstable ground, groundwater, contamination, buried structures and undocumented services may affect the design, cost or time. The quotation must state the ground conditions and excavation allowance on which its price is based.
6.2 If an unexpected condition is discovered, the Contractor must notify the Client, describe the condition and proposed response, and provide supporting information and a cost/time proposal where reasonably practicable.
6.3 Additional work requires an agreed written variation before proceeding, except emergency action permitted by law or the contract to protect people or property. Emergency action must be limited to what is reasonably necessary and promptly documented.
6.4 Neither party may assume that all concealed conditions are the Client’s responsibility. Liability for conditions that should reasonably have been identified, or damage caused by the Contractor, is determined under the contract and applicable law.
7. Landscaping
7.1 Landscaping is limited to the work described in the signed scope, including any agreed earthworks, soil preparation, turf installation, planting, retaining structures and drainage.
7.2 Finished levels, soil and turf specifications, plant selections, drainage outlets and connections to existing work must be stated where relevant. Ongoing maintenance is included only where expressly agreed.
7.3 Where plants or turf are supplied, the Contractor must provide appropriate establishment and care instructions. The Client must follow those instructions after the agreed handover.
7.4 Plant establishment can be affected by weather, pests and aftercare. Any additional replacement policy must be stated in the contract. Consumer guarantees and remedies for defective supply or installation remain available.
8. Swimming pool and spa construction
8.1 Pool works are limited to the new pool and any spa specified in the signed contract. The scope must identify whether the engagement is for a shell stage or a complete pool. Shell-only works must not be described as a complete, usable pool.
8.2 Project documents must specify pool location, waterline dimensions, depths, steps, ledges, spa details, structural system and relevant engineered requirements. Reinforcement, concrete strength, wall heights, piering and foundation design must follow the project engineer’s drawings; generic terms do not substitute for engineering.
8.3 The scope must separately identify excavation, spoil removal, formwork, reinforcement, concrete placement, primary plumbing, pressure testing, waterproofing or lining, waterline finishes, coping and surrounding surfaces where included.
8.4 Equipment schedules must identify agreed pumps, filters, sanitation, heating provisions, skimmers, returns, suction arrangements, lights, spa jets and controls, including brands/models or allowances where relevant. Equipment substitutions require agreement and must satisfy the specified performance and compliance requirements.
8.5 The contract must allocate electrical supply, equipment connections, drainage/backwash disposal, water supply, initial filling, commissioning and access for servicing. Work requiring a licensed specialist must be performed by an appropriately licensed person.
8.6 Additional features, including wet decks, swim jets, covers, water features and automation, are included only if expressly specified. A drawing or inspiration image does not automatically include every feature shown.
8.7 Temporary barriers, permanent pool safety barriers, signage and inspections must be clearly allocated in the contract. Required protections must remain effective throughout construction; an exclusion cannot remove a statutory safety duty.
8.8 The Client must not use the pool until it is safe, lawfully available for use and the necessary certification or approval has been obtained. Completion of the shell alone does not authorise filling or swimming. Filling and testing must follow the approved construction and safety plan.
8.9 Before concrete placement, both parties must resolve specified selections and layout decisions due at that stage. A later change must be assessed for structural implications and approved through the variation process.
8.10 For a complete-pool engagement, handover must include agreed commissioning, operating instructions, equipment manuals, available warranty records, cleaning and water-treatment instructions, and compliance documents within the Contractor’s scope. Client maintenance obligations begin at the agreed handover or other expressly identified stage.
8.11 The Contractor must disclose items needed for a safe, functional pool that are outside its scope, including who will perform them. Separate engagements must not be used to avoid licensing, insurance or mandatory contract requirements.
9. Fencing Work
9.1. Fencing work or services are as described in the written Quotation/Contract supplied to the Client. If the Client accepts the quoted price, the Client must sign and return the Quotation/Contract, which forms the contract between the Client and Perfect Landscape & Pools Pty Ltd, subject to applicable law. The contract must include the measurements and descriptions of all agreed fencing work.
9.2. Before fencing work starts, the parties must agree on the proposed fence location and confirm the exact property boundary where relevant. A visual inspection or agreement about the fence location does not itself establish the legal boundary.
9.3. If a surveyor is required, the scope and additional survey cost must be disclosed and agreed in writing before the survey is commissioned, unless already included in the signed contract.
9.4. Fencing work or the provision of materials will not commence until the Client has signed and returned the Perfect Landscape & Pools Pty Ltd Quotation/Contract and any other legally required preconditions have been satisfied.
9.5. The Client is responsible for obtaining necessary planning permissions and fulfilling statutory requirements allocated to the Client in the signed contract. This does not remove the Contractor’s own obligations to comply with applicable laws, approvals and safety requirements.
10. Decking
10.1 The contract must specify dimensions, framing, foundations, timber or composite products, fixings, finishes, stairs and balustrades where included.
10.2 Footings, structural connections and protection measures must follow approved plans and applicable requirements. The Client must approve product selections before ordering.
10.3 Timber colour and grain vary naturally; timber may move with moisture and temperature. Normal characteristics do not excuse defective materials, unsuitable installation or a failure to satisfy applicable warranties. Required coating, cleaning and maintenance instructions must be provided.
11. Concreting
11.1 The scope must identify the area, thickness, reinforcement, concrete specification, levels, falls, finish, joints, access and curing requirements. Driveway and other authority approvals must be allocated where relevant.
11.2 Colour and texture may vary with materials and curing conditions. Cracking must be assessed against the design, workmanship, applicable standards and legal obligations; it is not automatically excluded from defect responsibility.
11.3 The Contractor must provide curing and loading instructions. The Client must not drive, load or otherwise use the surface prematurely. Damage caused by use contrary to reasonable instructions will be assessed on its actual cause.
12. Materials and substitutions
12.1 Materials must comply with the agreed specifications and applicable requirements. The Contractor must take reasonable care of materials under its control; delivery does not automatically transfer all loss or theft risk to the Client.
12.2 Risk, ownership, storage and insurance arrangements must be identified in the signed contract where necessary. No security interest or right of entry is created merely by this paragraph.
12.3 Substitutions require prior written agreement identifying any change in quality, performance, price, warranty or completion time.
12.4 Ownership and removal of excess materials must follow the project contract, including allowance for materials purchased and paid for specifically for the Client.
13. Variations and extra works
13.1 A variation must describe the proposed change, its reason, price adjustment or calculation method, and any effect on completion or payment stages. Required signatures and approvals must be obtained before the varied work begins.
13.2 Verbal requests should be documented promptly. They do not bypass mandatory written variation requirements.
13.3 If no variation is agreed, the existing contract continues unless another lawful contractual process applies. The Contractor must not perform optional additional work and assume payment is accepted.
14. Waste removal and protection
14.1 The contract must specify included excavation quantities or allowances, material categories, cartage, disposal fees, truck access, traffic control and site reinstatement.
14.2 Extra cartage, contaminated material handling, additional bins or restricted-access costs require the applicable variation procedure. Historic truck rates, hourly charges and minimum rock charges are not fixed by these general terms.
14.3 Waste must be handled and disposed of lawfully. Responsibility for erosion controls, concrete washout, tree protection and other mandatory site measures must be allocated without excluding statutory duties.
15. Programme and delays
15.1 The project contract must state the agreed start arrangements and completion period or date. Preliminary availability estimates are subject to the agreed contract arrangements.
15.2 An extension of time may be claimed only for a permitted cause under the contract. The Contractor must give the required written notice, explain the actual effect on the programme, state the extension sought and take reasonable steps to reduce delay.
15.3 Weather, concealed conditions, approval delays, Client changes and supplier disruption are assessed on their actual effect; they do not create unlimited automatic extensions. Planned shutdowns must be disclosed in the contract rather than adding a blanket four-week holiday allowance.
16. Deposits and progress payments
16.1 For NSW residential building work subject to the deposit limit, the deposit must not exceed 10% of the contract price. No additional booking, materials or subcontractor advance may be required as a means of avoiding the applicable limit.
16.2 Where Home Building Compensation cover is required, no deposit or other payment may be requested until the required certificate has been provided.
16.3 Each project must have a written payment schedule consistent with applicable law. Stages, amounts, triggers and due dates must be stated in the signed contract. These terms do not impose a universal percentage schedule across all services.
16.4 Progress invoices must identify the relevant stage or work and the contractual basis of the amount claimed. Payment claims and responses must comply with any applicable security-of-payment legislation.
16.5 Payments may be made by bank transfer or agreed cash payment, with receipts provided. Any other method must be agreed. Bank-account changes should be verified using an established telephone number before transfer.
16.6 Final payment is due under the signed contract’s completion and payment provisions. A blanket statement that an occupation certificate is irrelevant must not override an agreed completion requirement or statutory right.
16.7 Interest or recovery charges apply only where lawfully agreed, clearly specified and recoverable. The former undefined bank-rate interest clause is not retained as an automatic charge.
17. Completion and handover
17.1 The contract must define practical completion and final completion, including tests, documents and approvals relevant to the agreed scope.
17.2 The parties should inspect the Works and record outstanding items with reasonable rectification dates. Signing a handover checklist does not waive latent-defect rights, statutory warranties or consumer guarantees.
17.3 A shell-stage handover must identify work still required before a pool may safely and lawfully be used. A complete-project handover must include the agreed operating and care information.
18. Warranties and defects
18.1 Applicable statutory warranties and Australian Consumer Law guarantees are preserved. Nothing in these terms excludes or restricts a right or remedy that cannot lawfully be excluded or restricted.
18.2 Manufacturer warranties are additional to applicable statutory rights; they do not replace the Contractor’s obligations for supplied goods or performed work.
18.3 The Client should notify the Contractor promptly of an apparent defect, provide available details and allow reasonable inspection and access. This procedure does not shorten statutory time limits or prevent urgent protective action or lawful external remedies.
18.4 The Contractor must assess reported defects and provide the remedy required by law and the contract. Maintenance, misuse, third-party alterations and external events must be assessed on their actual contribution to the problem rather than used as blanket exclusions.
19. Cancellation, suspension and termination
19.1 Statutory cooling-off, cancellation and termination rights prevail. The signed project contract must include the applicable prescribed notices and procedures.
19.2 A Client seeking to cancel outside a statutory right should give written notice. Any agreed cancellation settlement must account for work performed and reasonable, evidenced, unavoidable costs lawfully recoverable, with credit for savings, refunds, reusable materials and payments already received.
19.3 There is no automatic 6% cancellation penalty or automatic forfeiture of the entire deposit under these terms. Any claimed compensation must have a lawful contractual basis and must not be double-counted.
19.4 Suspension or termination for breach must follow the applicable notice, cure-period and safety requirements in the signed contract and law. Genuine disputes must be handled through the agreed dispute process.
19.5 On termination, the parties must address site safety, completed work, materials and documents, and reconcile payments under the contract and applicable law.
20. Exclusions and allowances
20.1 Only exclusions clearly stated in the signed scope apply. An exclusion cannot remove a mandatory legal obligation or responsibility for the Contractor’s defective work or negligence.
20.2 Project-specific items to price or expressly allocate may include surveys, geotechnical investigations, concealed ground conditions, service relocation, additional plumbing lengths, electrical connections, approval fees, additional spoil disposal, traffic control, reinstatement, specialist foundations and additional equipment.
20.3 Specify allowance amounts, assumed quantities, measurement methods and adjustment procedures. The old universal 12m plumbing, 6m backwash, pier spacing and concrete-strength allowances are not carried into every project.
20.4 Pool barriers, drainage, curing, engineering and other required work must be accounted for in the overall project even where another contractor is responsible. The Client must be told about necessary excluded items before contracting.
21. Intellectual property and subcontractors
21.1 Ownership and permitted use of plans and designs must be set out in the project contract. The Client must receive the use rights needed for the agreed project and relevant approvals, subject to third-party rights.
21.2 The Contractor may engage appropriately qualified and licensed subcontractors where permitted, while remaining responsible for its contracted obligations. Subcontracting does not transfer the Contractor’s obligations to the Client.
22. Disputes, notices and general provisions
22.1 Either party may give written notice of a concern, identifying the issue and proposed remedy. The parties should make reasonable efforts to resolve it promptly and record any agreed solution.
22.2 Neither party is prevented from contacting Building Commission NSW, seeking mediation, obtaining advice or exercising a right through a competent tribunal or court. Informal discussions do not extend legal time limits unless lawfully agreed or provided by law.
22.3 Notices must follow the signed contract. The project schedule must identify the authorised contact and address for formal notices; website contact details alone do not replace prescribed service requirements.
22.4 These terms are governed by NSW law and applicable Commonwealth law. A provision found invalid may be severed to the extent lawful without removing mandatory protections. No clause waives rights merely because enforcement was delayed.