Terms and Conditions

The Terms and Conditions herein shall be incorporated in all agreements between Pioneer Outdoor Solutions ABN: 20 675 585 270​ (“Pioneer Outdoor Solutions”) and its Customers (the person/s named as “the Customer” in the quotation and/or Invoice). In the event of any inconsistency between these Terms and Conditions and the further Conditions stated in the Quotation or Invoice, 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 by Pioneer Outdoor Solutions​ unless otherwise agreed.

2.        The estimate/original price for work includes all materials and labour specified as part of the original design, supplied by ​Pioneer Outdoor Solutions, unless arranged prior to commencement date or upon initial first visit.

3.        Errors and changes to the original plan by ​Pioneer Outdoor Solutions​ are accepted on all quotes which will be discussed with the customer. Variations can occur where the discussed changes are outside of the quoted price.

4.        The customer will be responsible for all payments to ​Pioneer Outdoor Solutions​, unless otherwise notified in writing prior to commencement.

5.        Payment methods are internet bank transfer or card payments.

6.        Pioneer Outdoor Solutions require a 50% deposit payable immediately after confirmation of quote, of which $1000 is non-refundable.

7.        The first instalment (50%) is required upon acceptance of the quote so materials can be purchased/ordered for the start date of the agreed work. A start date is not entered into Pioneer Outdoor Solutions’ schedule without a deposit.

8.        If progress payments are required, this will be discussed with the customer and will be due weekly throughout the project unless a prior arrangement has been made with Pioneer Outdoor Solutions.

9.        Final payment must be made by the customer within 10 days when all the work is completed.

10.     Pioneer Outdoor Solutions​ will not accept payment plan/s or accept “Gift/s” or “Item/s of Value” as payment.

11.     Pioneer Outdoor Solutions 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.

12.     Any addition and/or alterations to the schedule/project shall be discussed with the customer and agreed upon in writing.

13.     Any service provided by Pioneer Outdoor Solutions to the customer in excess of that specified in the quotation shall be subject to further charge 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 quoted/delivered. This also applies to where additional work is required due to the discovery of hidden or unidentifiable difficulties beyond Pioneer Outdoor Solutions ability to accurately assess the site, sub-surface soil conditions, hidden services, additional site works, or remobilisation of site works which are only discovered on commencement of works.

15.     The customer shall provide water and electricity, if needed, at no charge to ​Pioneer Outdoor Solutions​.

16.     The customer shall provide site access to Pioneer Outdoor Solutions and sub-contractors such that the agreed scope of works can be completed. Pioneer Outdoor Solutions shall not be liable for any loss or damage to the side (including, without limitation damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Pioneer Outdoor Solutions.

17.     The customer is responsible for all relevant council approvals and permits. These must be obtained and shared with Pioneer Outdoor Solutions prior to works commencing. If works commence prior to approvals and permits being received, this remains the responsibility of the customer.

18.     All works performed by Pioneer Outdoor Solutions are to be done in accordance with any relevant Australian Standards and Codes. The Customer and Pioneer Outdoor Solutions shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable with the works. It is the Customers responsibility to obtain local and state (if required) approvals and permits for the relevant works and share these approvals and permits with Pioneer Outdoor Solutions.

19.     Any concerns identified by the customer must be discussed as these concerns arise during the construction phase. Pioneer Outdoor Solutions must rectify these concerns in accordance with Australian Standards and Building Codes. If these concerns are outside of Australian Standards or Building Codes, a discussion is to occur between Customer and Pioneer Outdoor Solutions decision makers as the course of action. If the issue is outside of Australian Standards and Building Codes, the rectification of concerns could incur additional costs.

20.     The customer shall provide access to the site during ​Pioneer Outdoor Solutions​ normal working hours and storage space for materials during the contract progress.

21.     Pioneer Outdoor Solutions​ will not take responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to Pioneer Outdoor Solutions 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.

22.     All, or any special conditions, of which ​Pioneer Outdoor Solutions​ has been informed are noted in the quotation.

23.     Location of underground services by a licenced service locator is mandatory prior to commencement of works. “Dial Before You Dig” must be consulted and any potential underground services marked on site. While Pioneer Outdoor Solutions will take care to avoid damage to underground services, the Customer agrees to indemnify Pioneer Outdoor Solutions in respect to all and any liability claims, loss, damage, cost and fines because of damage to services not precisely located and notified. If the Customer request Pioneer Outdoor Solutions to engage the service locator than this shall be in addition to the quoted price.

24.     Prior to Pioneer Outdoor Solutions commencing any work the Customer must advise Pioneer Outdoor Solutions of the precise location of all underground services on the site and clearly mark the same. The underground mains and services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, mains water, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site. Whilst Pioneer Outdoor Solutions will take all care to avoid damage to any underground service, the Customer agrees to indemnify Pioneer Outdoor Solutions in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located.

25.     Pioneer Outdoor Solutions 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.

26.     If necessary, Pioneer Outdoor Solutions reserve the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification.

27.     After practical substantial completion, Pioneer Outdoor Solutions 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.

28.     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 ​Pioneer Outdoor Solutions​ cannot accept responsibility for subsequent weed growth on completion of the project.

29.     It is very important and the sole responsibility of the customer to ensure Pioneer Outdoor Solutions are made aware of any special/statutory bylaws/conditions/permissions that may be involved.

30.     Pioneer Outdoor Solutions 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.

31.     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.

32.     Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.

33.     All materials, hard and soft landscapes on site including plant/s remain the property of ​Pioneer Outdoor Solutions​ until payment is received in full and Pioneer Outdoor Solutions reserve the right to remove said property if the unpaid debt remains after 30 days from completion of works specified in the quotation.

34.     Unless otherwise stated elsewhere in this contract, only suitably new materials will be used. Demolished materials remain the Customer’s property (unless disposal is part of the project scope). Materials which Pioneer Outdoor Solutions brings to the worksite which are surplus remain the property of Pioneer Outdoor Solutions unless such materials have been paid by the Customer.

35.     Pioneer Outdoor Solutions 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. Pioneer Outdoor Solutions provides no warranty and accepts no liability whatsoever in respect of the condition or quality of the products and materials that are purchased and delivered to site from the supplier.

36.     Where the Customer has supplied materials for Pioneer Outdoor Solutions to complete the works, the Customer acknowledges that they accept responsibility for the suitability of purpose, quality, and any faults inherent in the materials. Pioneer Outdoor Solutions shall not be responsible for any defects in the materials, any loss or damage to vegetation (or part thereof) arising from the use of materials supplied by the Customer. Any delays caused by Customer supplied materials will be charged accordingly via a variation on the final invoice.

37.     The ​customer ​indemnifies Pioneer Outdoor Solutions 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.

38.     Pioneer Outdoor Solutions will not be responsible or liable for any structural considerations, the appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed to in writing by Pioneer Outdoor Solutions prior to the start of the project.

39.     Cancellation of work not received within 14 working days of the agreed start of work date, will be subject to a charge of 15% of the quoted price, or $1000, whichever is greater.

40.     Pioneer Outdoor Solutions provides a standard one-year workmanship warranty on all works completed by Pioneer Outdoor Solutions. Warranty of products supplied is inline with the warranty of the product, indicated by the suppliers of the various products.

41.     The Customer must inspect all works on practical substantial completion of works, and within 7 days notify Pioneer Outdoor Solutions in writing of an evident defect/damage, shortage of quantity, or failure to comply with the description of the quotation. The Customer must notify any other alleged defect in the Materials/Works as soon as reasonably practicable after such defect has become evident. Upon such notification the Customer must allow Pioneer Outdoor Solutions access to inspect the Materials, or review the works provided. It is highly recommended, and encouraged where possible, to review works as they progress, and identify and discuss concerns as they arise. This allows for prompt rectification if required.

42.     These terms and conditions and contract data represent the entire agreement between the parties in relation to the service provided and supersedes all previous written or oral communication.

43.     The contract documents include the quotation, specification, plans and any other documents referred to in the quotation.

44.     These terms and conditions shall apply to the contract, the accepted quotation, to the exclusion of any terms and conditions used by the customer.

45.     No variation of these terms and conditions shall be binding on Pioneer Outdoor Solutions unless in writing and signed by the customer and a director of Pioneer Outdoor Solutions.

46.     The contract may not be assigned or transferred by the customer without the prior consent of Pioneer Outdoor Solutions in writing signed by a director.

47.        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.

48.        By accepting the quotation provided by Pioneer Outdoor Solutions, the customer accepts these terms and conditions and all aspects of the agreed contract that make up these terms and conditions