CONDITIONS

Grolife Group Pty Ltd is referred to within this document as “Grolife”

EXCLUSIONS                                                        

The following items are NOT included in the price and service and will be provided by the client at their expense:
[Quote Exclusions]

VARIATIONS:                                                       

1. Quoted rates are for the entire job to be done in one instance unless otherwise agreed and noted within the above INCLUSIONS. Where a job is split into smaller sections over a longer period of time, other fees and charges may apply.
2. Quoted rates are for day work. Night shift will attract a price
3. Should changes to the original site works be made after the Contract is signed, including volumes, agreed application areas and setup changes, a price variation may

SPECIAL CONDITIONS:                                                       

The client will:

1. Accept that this quote is subject to a site
2. Accept Grolife Safe Work Method Statements (SWMSs) form part of this Contract and that all Grolife employees are instructed and authorised to STOP WORK in the event that their safety or that of any other worker or person present is
3. Provide a confirmed and authorised person to sign off on the project at its

If not the named and signed on this document (yourself), the person must be authorised by yourself in writing.

If no one is provided, your satisfaction with the completion of our work will be implied.

4. Accept a standing fee of $250.00 per crew per hour where our truck crews are unreasonably delayed by other trades, site closures or inadequately prepared work
5. Accept a standing fee of $250.00 per truck per hour where our truck crews are delayed by weather as previously discussed with your Grolife
6. Notify Grolife of all relevant site access requirements within a reasonable time
7. Notify Grolife of any health and safety, environmental or cultural issues relevant to the job site and works that you are aware
8. Provide an area for Grolife to deliver and stockpile product and load trucks if
9. Accept that slumping will occur for all supplied soil products. Grolife standard procedure is to recommend the supply of up to an additional 20% over the measured
10. Client agrees to provide access to water to aid in dust suppression and watering in of plants
11. 24 hours’ notice is required for any rescheduling or cancellation of works. In the case of a weather event,

       12 hours’ notice or rescheduling will be excepted.

12. Client agrees to provide a safe parking area for vehicles to complete

TERMS AND CONDITIONS

Grolife Group Pty Ltd referred to within this document as “Grolife”

Unless The Client has a credit account authorised by Grolife, all goods and services are C.O.D.

QUANTITIES:

1. In the situation where The Client has made stipulations about quantities of goods required to complete the job, The Client will be liable to pay for the entire amount ordered regardless of whether all materials are used for the job or not. Excess quantities will be left on site or, at the request of The Client, removed from the site at The Client’s
2. In the situation where Grolife has supplied the estimated quantities of goods required, The Client will only be charged for the amount used. Excess amounts of goods will be removed from site by

LIABILITY:

1. Grolife agrees to take all care but no responsibility with respect to vegetation and permanent or temporary structures on site.
2. The liability of Grolife for a breach of any duty of care shall in all cases be limited, as far as may be permitted by law, at the option of Grolife, to replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods or the supplying of the services again or the payment of the costs of having the services supplied again and, without limiting the generality of the foregoing, shall not include liability of any nature whatsoever in respect of, or arising out of, in connection with or for any injury suffered or incurred as a result of any such

3. If payment is not made by the due date I/We shall pay interest on the amounts outstanding at a rate which is the higher of 1.5% per month, or 2% greater than the rate which would be charged by the Suncorp Banking Corporation to a Customer on an overdraft of

$100,000.00 or at the maximum rate allowed under any relevant legislation, as at the end of each trading month, or pro-rata until the debt and interest is paid in full. I/We agree that the interest or any unpaid proportion thereof shall be capitalised monthly.

4. The Client accepts these Terms and Conditions of Supply of Product & Services that are also displayed in the office and are provided to the Client before delivery. It is further agreed that:
   1. Orders for goods and services are accepted and goods and services are supplied subject to the

terms and conditions herein.

1. When goods ordered are delivered in the absence of The Client, the delivery driver shall acknowledge such delivery on behalf of the Applicant.
2. Except for those conditions and warranties implied by The Fair Trading Act, or The Trade Practices Act 1974 as amended from time to time, or other sales of goods or consumer protection legislation which may not be excluded, the Buyer agrees that he/she has not relied on any inducement, representation or statement made by or on behalf of Grolife in purchasing the goods or services and that there are no implied conditions or warranties herein and no collateral contract in connection herewith, except as may be in writing and signed by a duly authorised representative of Grolife and that in no circumstances will Grolife incur any liability of any nature whatsoever in respect of or arising out of or in connection with any loss, damage, harm or injury whether special, consequential, direct or indirect, suffered or incurred by the Buyer, or any third
3. Title and Property of the goods shall not pass until such time as the goods have been paid for in full which, in the case of a payment by cheque, shall mean when the cheque is duly honoured. If payment for goods is not made on the due date or, prior to the due date, The Client, being an individual, commits an act of bankruptcy, or being a Company goes into liquidation or suffers a Receiver or Receiver and Manager or Administrator to be appointed or enters into a scheme of arrangements with its creditors, or if The Client is, in the opinion of Grolife, unable to pay its debts as they fall due, then the whole of the amount due by The Client shall become immediately repayable without further notice or demand and Grolife is irrevocably authorised to enter The Client’s premises without notice to The Client, forcibly if necessary, and to use any plant, machinery, equipment or reasonable force to take possession for the unpaid goods without liability for payment of compensation of any sort. The Client irrevocably authorises Grolife to remove the unpaid goods without liability to The Client or any person claiming through The Client. Grolife shall not be liable for any failure by it to perform in accordance with these terms and conditions, or any agreement of supply, or for any loss or damage suffered by The Client in consequence thereof, which failure arises from any cause whatsoever beyond the reasonable control of
4. The Client acknowledges and agrees that any contract or agreement between The Client and Grolife is governed by and to be construed in accordance with the laws of the State of Queensland, Australia and the parties irrevocably submit to the exclusive jurisdiction of the Courts of that

5. For the purpose of these TERMS AND CONDITIONS, words importing the singular or plural include the plural and singular respectively, and words importing the masculine include feminine or neuter

• By signing this contract as representative for the client you agree that all works are limited to the terms and conditions as laid out in this contract. Inconsistent terms and conditions in the client’s acceptance shall not be binding on Grolife and therefore any exceptions or modifications desired by the client must be specifically instructed to Grolife in writing. No waiver or modification of any of these terms and conditions shall be considered effective unless in writing and signed by an authorised representative of Grolife.
• This contract is binding and conclusively supersedes all prior written and oral negotiations concerning the goods and services which it describes and there are no outside conditions or agreements. Further, this quotation is subject to subsequent correction by Grolife in case of clerical or administrative error.
• The rights and duties of the parties to any contract resulting from this agreement and any business relationship that results from this agreement shall be governed by the Laws of the Commonwealth. Any claims arising from any resulting contract shall, at the election of Grolife, be prosecuted in the appropriate Court. By accepting this contract and signing an agreement, the client agrees to the jurisdiction and judgment of the Court and agrees that judgment shall be
• The client’s acceptance shall incorporate by reference, or have attached thereto, the approved plans, drawings and specifications for the proposed works.
• If this quotation does not expressly provide otherwise, any and all necessary components to be supplied by the client must be supplied in sufficient time and quantity to warrant continuous operation of the equipment and processes of Grolife.

Please note if it is determined that the removal of anything may cause damage to infrastructure, work is to cease, this quote is to be revised to reflect the contextual needs of the job. 

COMPLETION & DELIVERIES:

• Commencement of work and the delivery of materials will be determined from the date Grolife receives the client’s signed copy of this contract or upon receipt of any material or information the client is required to supply Grolife, whichever occurs later. While every effort will be made to deliver as indicated, the delivery and completion date(s) expressed in this contract or otherwise are merely approximations and are not binding upon Grolife.
• Force Majeure: Grolife assumes no obligation whatsoever for disruption or delay of delivery resulting directly or indirectly from the occurrence of any contingency beyond its reasonable control whether caused by the forces of nature, people, or
• Grolife shall have the right, during shortages of raw materials or finished products, to pro-rate its supply of such products among its clients in an equitable
• Materials and/or samples delivered by Grolife shall be deemed accepted unless a written or verbal notice of rejection by the client is received within 24 hours from the date of

PRICING AND PAYMENT:

• All prices listed in this contract are based on current costs, availability of raw materials and labour. Grolife reserves the right to adjust the prices to reflect any increase in these
• Grolife is not wholly accountable for any specialised expertise provided by a third party. The price quoted does not include payment for any unforeseeable circumstances which may require additional tooling, fixtures, engineering, and/or manufacturing
• For all quoted works with a gross value of greater than $20,000.00, a payment of 50% of the project’s quoted amount is required upon acceptance of quote (to allow orders and bookings). This initial invoice will have 7 days payment terms.
• For all quoted works with a gross value of greater than $20,000.00, an invoice for 25% of the project’s quoted amount will be issued upon commencement of works.
• For all quoted works with a gross value of greater than $20,000.00, an invoice for the remaining 25% will be issued at completion of works. This final invoice will have 30 days payment terms.
• Unless otherwise specified, full payment is due according to the terms on the acceptance of this quotation, but in no case later than thirty (30) days from the date of completion by Grolife.
• Unpaid balances for any invoice may result in cessation of work and/or any materials. Such cessation shall not be a breach of any agreement arising out of this

TAXES:

1) In addition to the contract price, the client shall pay or reimburse Grolife for any and all taxes, license, inspection fees, custom duties, and/or similar charges imposed upon any sale or delivery applicable to the client and resulting from any contract arising from this quotation.

DESIGN:

• This quotation is based upon plans, specifications, drawings and samples which have been provided by the client and/or by Grolife. These plans, specifications, drawings and samples have been approved by both client and Grolife. These plans, specifications, drawings and samples shall not be modified or altered except upon the express written consent of both parties. The client shall be responsible for any additional charges assessed by Grolife as a result of such modification or
• The approved plans, specifications, drawings, and samples (signed and dated) are incorporated into this quotation by
• Unless otherwise stated, Grolife is responsible for delivering a product in accordance with the approved plans, specifications, drawings and samples (signed and dated) that are incorporated into this quotation, according to the mandated specifications and standards, using good workmanship.

WARRANTY:

• Grolife warrants that product(s) produced pursuant to this quotation were produced according to the approved plans, specifications, drawings and samples (signed and dated) that are incorporated in this quotation, according to the mandated specifications and standards, using good workmanship. This warranty shall remain in effect for thirty (30) days from the date of completion by Grolife.
• Grolife’ sole liability under the warranty contained herein shall be the repair, rework, or replacement of products or parts or the extension of credit to the client for all nonconforming products. Grolife shall not assume liability or be responsible for any third-party products or parts which fall under the manufacturer’s warranty and/or are deemed faulty in design or workmanship. Grolife reserves the right to refuse any warranty
• THE ABOVE WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. GROLIFE SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL

INDEMNIFICATION:

• The client shall indemnify, defend and hold Grolife harmless from any and all liability, loss, damages or expenses (including attorney fees) resulting from any alleged defect in the design or specification of products manufactured by Grolife, according to the client’s plans, specifications, drawings or samples.

CANCELLATION OR MODIFICATION:

1) Cancellation of an accepted quotation or any waiver or modification of its terms or conditions will not be binding on Grolife unless made in writing by the client and signed by a Grolife authorized representative. The client agrees to be responsible for Cancellation Charges which may result from any modification or cancellation.

MISCELLANEOUS:

• These terms and conditions are binding upon and for the benefit of the parties, their successors, and
• Failure to enforce any provision of these terms and conditions shall not constitute a waiver of any term
• The client is herein notified that Grolife considers these terms and conditions and any additional terms listed on the face of the quotation to be included as an addition to any further requests or changes subsequently placed by the client based upon this quotation. This quotation and all terms and conditions it contains are a part of any notice of acceptance to Grolife resulting from this
• Where these terms and conditions conflict with any general terms and conditions listed on any further requests or changes resulting from this quotation, Grolife hereby makes its acceptance of the work conditional on the client’s acceptance of all terms and conditions in this quotation agreement and that they supersede any conflicting