SHAYPE PTY LTD – TERMS & CONDITIONS
1. Introduction
1.1 These Terms and Conditions apply to all quotations, contracts, and agreements entered into between Shaype Pty Ltd (“Shaype”) and the client (“the Client”) for landscaping, earthworks, shaping, irrigation, and associated services in Victoria, Australia.
1.2 By accepting a quotation, issuing a purchase order, or otherwise engaging Shaype to perform works, the Client agrees to be bound by these Terms and Conditions.
2. Scope of Work
2.1 The scope of works to be performed by Shaype will be as detailed in the approved quotation, proposal, or written agreement.
2.2 Any works not expressly included in the approved scope are excluded.
2.3 Any variations, additional works, or changes to the scope must be approved in writing by the Client prior to commencement. Email approval is acceptable. Verbal instructions or agreements have no effect and will not be acted upon.
3. Exclusions
3.1 Unless expressly stated in writing within the approved quotation, the following items are excluded from the contract price:
- Temporary fencing, site hoarding, pedestrian management, or traffic control
- Dial Before You Dig enquiries, service locating, potholing, or service proving
- Identification, relocation, protection, upgrading, or modification of existing underground or overhead services
- Electrical works, including disconnection, isolation, reconnection, testing, or new electrical installations
- Plumbing, gas, sewer, or stormwater works outside those explicitly detailed in the scope
- Underground boring, thrusting, tunnelling, horizontal drilling, or directional boring
- Core hole drilling, concrete cutting, saw cutting, or penetration works
- Waterproofing works of any kind
- Pump enclosures, controller enclosures, or specialist equipment housings
- Removal, handling, or disposal of hazardous materials, including asbestos, contaminated soil, or lead based products
- Geotechnical investigations, soil testing, compaction testing, or laboratory testing
- Structural engineering, design, certification, inspections, or approvals
- Council permits, asset protection permits, authority approvals, or associated fees
- Environmental management plans or erosion and sediment control beyond basic site controls
- Temporary site amenities, including toilets, sheds, site power, or temporary water supply
- Rock excavation, rock hammering, rock breaker works, or unforeseen ground conditions
- Excavation outside the defined scope of works
- Cartage, removal, or disposal of surplus materials not nominated within the approved scope
- Rubbish removal beyond construction waste generated by Shaype’s works
- Protection, repair, or reinstatement of adjoining properties, pavements, kerbs, footpaths, or roadways unless expressly included
- Reinstatement of services, pavements, asphalt, concrete, or hardscape elements outside the landscaping scope
- Surveying, set out, re set out, or as built documentation
- Works required to achieve compliance with Australian Standards, codes, authority requirements, or statutory obligations not expressly identified in the approved scope of works.
4. Client Responsibilities
4.1 The Client is responsible for:
- Providing clear, safe, and unrestricted access to the site during agreed working hours
- Ensuring the site is ready for works to commence in accordance with the programme
- Providing accurate information relating to site conditions, existing services, drawings, and approvals
- Obtaining and maintaining all approvals, permits, and consents unless expressly included
- Advising Shaype of any known hazards, services, or latent conditions
- Coordinating access with occupants, facility management, or third parties
- Providing timely instructions and approvals
- Protecting completed works from damage by third parties or other contractors
- Undertaking maintenance, watering, and establishment following practical completion unless otherwise agreed
4.2 Any delays or additional costs arising from the Client’s failure to meet these responsibilities may result in variations to time and cost.
5. Client Conduct and Behaviour
5.1 Shaype Pty Ltd is committed to providing a safe, respectful, and professional working environment for its employees, subcontractors, and representatives.
5.2 The Client, and any of their representatives, occupants, residents, staff, or third parties, must not engage in abusive, aggressive, threatening, intimidating, or unreasonable behaviour toward Shaype personnel at any time.
5.3 If Shaype reasonably determines that behaviour on site is unsafe, abusive, or disruptive, Shaype reserves the right to suspend works immediately without penalty until the issue is resolved.
5.4 Any delays, additional costs, or remobilisation arising from such suspension will be treated as a variation and may result in adjustments to the programme and contract value.
5.5 Shaype also reserves the right to terminate the agreement if unacceptable behaviour continues or is not rectified following written notice.
6. Work Hours
6.1 Standard work hours are 7:00am to 3:30pm, Monday to Friday, excluding public holidays.
6.2 Work requested outside these hours may incur additional charges.
7. Delays Outside Control
7.1 Shaype is not liable for delays caused by factors beyond its reasonable control, including adverse weather conditions, supply shortages, latent conditions, industrial action, or third-party delays.
8. Existing Conditions and Non Compliance
8.1 Shaype Pty Ltd is not responsible for identifying, investigating, or rectifying non-compliance in existing structures, services, or installations unless expressly agreed in writing. Any rectification of non-compliant works will constitute a variation.
9. Design Responsibility
9.1 Where Shaype Pty Ltd performs works based on designs, drawings, specifications, or instructions provided by the Client or third parties, Shaype Pty Ltd is not responsible for the adequacy, accuracy, or fitness for purpose of such designs.
9.2 Any changes required due to design errors, omissions, or inconsistencies will be treated as variations.
10. Ownership of Works
10.1 All works performed and materials supplied remain the property of Shaype until payment has been received in full.
11. Payment Terms
11.1 Payment terms are as stated in the quotation unless otherwise agreed in writing.
11.2 Where credit terms are approved, payment is due within Fourteen (14) days of the invoice date.
11.3 Late payments may incur interest at a rate of ten percent (10%) per annum, calculated daily.
11.4 The Client is liable for all reasonable costs incurred by Shaype Pty Ltd in recovering overdue payments, including legal, administrative, and debt recovery costs.
12. Quote Validity and Pricing
12.1 All quotations are exclusive of GST unless stated otherwise and are valid for thirty (30) days from the date of issue.
12.2 Quotations are based on information and site conditions available at the time of pricing.
12.3 Shaype reserves the right to adjust pricing if supplier costs, material pricing, labour rates, or equipment charges increase prior to commencement.
12.4 Where commencement is delayed beyond the quotation validity period, revised pricing may apply. Any changes will be treated as variations and require written approval.
12.5 Pricing is based on uninterrupted site access and a continuous workflow as reasonably anticipated at the time of quotation. Delays, stand-downs, or disruptions outside Shaype Pty Ltd’s control may result in variations to time and cost.
13. Variations
13.1 All variations must be approved in writing prior to commencement.
13.2 No verbal instructions or agreements will be accepted.
14. Security of Payment
14.1 The Client acknowledges Shaype’s rights under the Building and Construction Industry Security of Payment Act 2002 (VIC).
14.2 Failure to respond to a payment claim may result in recovery action, including legal, administrative, and debt recovery costs.
15. Deposits
15.1 Unless otherwise stated in the approved quotation or contract, a 50% deposit is required before work commences.
15.2 Payment details will be provided on the relevant invoice or upon request.
15.3 Work will not be scheduled or commenced until the required deposit has been received and confirmed by Shaype Pty Ltd. Any project start dates provided are indicative only and remain subject to receipt of the deposit.
15.4 Deposits are non-refundable once works have commenced or materials, labour, or equipment have been committed to the project.
15.5 For larger or staged projects, Shaype Pty Ltd may agree to alternative deposit amounts or milestone-based payment structures, which will be detailed in the approved quotation or contract.
16. Unforeseen Ground Conditions
16.1 Pricing assumes normal ground conditions.
16.2 Rock, contaminated material, hidden obstructions, incorrect service information, or ground conditions differing from those reasonably anticipated will be treated as variations to time and cost.
17. Machinery Access & Surface Wear
17.1 The Client acknowledges that machinery access may cause minor scuffing, compaction, or surface disturbance.
17.2 Shaype Pty Ltd will take reasonable care to minimise impacts; however, Shaype Pty Ltd is not liable for cosmetic damage caused by required access.
17.3 Pre-existing surface conditions are deemed accepted by the Client unless notified in writing prior to commencement of works.
18. Tolerances & Finishes
18.1 The Client acknowledges that landscaping, earthworks, and shaping works are subject to reasonable construction tolerances.
18.2 Minor variations in levels, finishes, or appearance consistent with industry standards do not constitute defects.
19. Weather Impacts
19.1 Weather conditions may delay scheduling or affect outcomes.
19.2 Shaype Pty Ltd is not responsible for damage or defects resulting from extreme weather, including heavy rain, flooding, heat stress, or drought.
19.3 Rectification works required due to weather may incur additional charges.
20. Post-Completion Care
20.1 Upon completion, responsibility for watering, maintenance, and establishment of all surfaces, turf, and planting transfers to the Client.
20.2 Failure to maintain surfaces may result in defects for which Shaype Pty Ltd is not liable.
21. Water Supply & Pressure (Irrigation)
21.1 Irrigation performance is dependent on the Client’s existing water supply, pressure, and infrastructure.
21.2 Shaype Pty Ltd is not responsible for inadequate performance caused by insufficient water pressure, poor water quality, or defects in existing systems.
22. Existing Irrigation Systems
22.1 Shaype Pty Ltd will take reasonable care when connecting to existing irrigation infrastructure.
22.2 Shaype Pty Ltd is not liable for faults, leaks, wiring issues, or failures within existing systems not installed by Shaype Pty Ltd.
22.3 Repairs to existing systems will be treated as variations.
23. Reinstatement (Golf & Landscape Environments)
23.1 Only reinstatement items listed in the quotation are included.
23.2 Additional reinstatement — including fine turf restoration, compaction removal, topdressing or levelling — will incur additional charges.
24. Client Delays
24.1 If the Client delays works outside of Shaype’s control (access issues, other trades, or approvals), stand-down fees may apply.
24.2 Delays exceeding 7 days may require rescheduling and may incur remobilisation costs.
25. Material Availability
25.1 If specified materials are unavailable, Shaype Pty Ltd may substitute equivalent products of equal or higher quality.
25.2 Any pricing differences will be communicated to the Client.
26. Safety & Site Access
26.1 The Client must ensure that unauthorised persons do not enter the work zone.
26.2 Shaype Pty Ltd reserves the right to stop works if site conditions are unsafe.
27. Dispute Resolution
27.1 Any dispute will first be addressed through negotiation and, if necessary, mediation prior to legal action.
28. Governing Law
28.1 These Terms are governed by the laws of Victoria, Australia. Any proceedings will be conducted in Victorian courts.
29. Contact Information
Shaype Pty Ltd
Phone: 03 8383 7555
Email: info@shaypeprojects.com.au
30. Amendments to Terms & Conditions
30.1 Shaype Pty Ltd reserves the right to update or amend these Terms & Conditions at any time.
30.2 Any updated Terms & Conditions will apply to future quotations and contracts from the date they are issued.
30.3 The Terms & Conditions provided with each individual quotation will apply to that specific project unless otherwise agreed in writing.