Bare Bones EarthworksGet a Quote
Legal

Terms & Conditions of Trade

These terms govern all services provided by Barebones Earthworks & Landscaping. By accepting a quotation or allowing work to commence, you agree to these terms in full.

ABN94 691 380 041
Phone0422 640 619

Contents

1

Definitions

1.1"Business" means Barebones Earthworks & Landscaping, its successors and assigns.
1.2"Customer" means the person, company, trust, partnership, government entity or other organisation requesting goods or services.
1.3"Works" means all lawn maintenance, landscaping, excavation, earthworks, drainage, retaining walls, labour hire, plant hire, material supply and related services.
1.4"Site" means the property where Works are undertaken.
1.5"Materials" means all products, soil, gravel, mulch, turf, plants, rock, pipes and associated supplies.
1.6"Variation" means any change to the scope of Works after acceptance of a quotation.
1.7"Latent Condition" means a condition not reasonably identifiable during inspection prior to commencement.
2

Acceptance

2.1Acceptance of a quotation, invoice, purchase order, work order, email instruction, deposit payment or commencement of Works constitutes acceptance of these Terms.
2.2These Terms prevail over any terms supplied by the Customer.
3

Quotations

3.1Quotations remain valid for 30 days unless otherwise stated.
3.2Quotations are based on information available at the time of pricing.
3.3Quotations exclude latent conditions unless specifically stated.
3.4The Business may withdraw or amend a quotation prior to acceptance.
4

Variations

4.1Variations requested by the Customer shall be charged in addition to the quotation.
4.2Additional work arising from unforeseen conditions shall constitute a Variation.
4.3Verbal instructions may be relied upon by the Business.
5

Site Access

5.1The Customer shall provide unrestricted and safe access to the Site.
5.2Delays caused by restricted access may incur additional charges.
5.3The Customer is responsible for obtaining all necessary approvals and permissions.
6

Customer Responsibilities

6.1The Customer warrants that all information supplied is accurate.
6.2The Customer shall identify boundaries, easements and service locations.
6.3The Customer shall ensure children, pets and visitors remain clear of work areas.
7

Underground Services

7.1The Customer is responsible for identifying all underground services.
7.2The Business may rely upon information provided by the Customer.
7.3The Business shall not be liable for damage to unknown, unmarked or incorrectly identified services.
7.4Repair costs relating to unmarked services shall be borne by the Customer.
8

Lawn Maintenance Services

8.1Lawn maintenance services include mowing, edging, brush cutting, slashing, weed control and associated services.
8.2Grass clippings may be left onsite unless otherwise agreed.
8.3The Business is not responsible for lawn deterioration caused by drought, pests, disease, irrigation failure or weather.

Damage from Mowing Operations

8.4.1The Customer acknowledges that rocks, sticks, gravel and debris may be projected by mowing equipment.
8.4.2The Customer shall clear the area of hazards before work commences.
8.4.3The Business will take reasonable precautions including guards and shields.
8.4.4The Business shall not be liable for damage to the following caused by rocks, gravel or debris unless caused by proven negligence:
  • Windows
  • Vehicles
  • Fencing
  • Buildings
  • Outdoor furniture
  • Air conditioners
  • Solar equipment
  • Irrigation systems
  • Neighbouring properties
8.4.5Areas containing excessive rock, gravel or construction debris are maintained entirely at the Customer's risk.
8.4.6The Customer indemnifies the Business against third-party claims arising from debris originating from the Customer's property.
9

Landscaping Services

9.1The Customer becomes responsible for plants and turf immediately after installation.
9.2Watering and maintenance remain the Customer's responsibility.
9.3No warranty is provided for plant survival where maintenance instructions are not followed.
10

Earthworks Services

10.1Earthworks involve disturbance of natural ground conditions.
10.2Finished levels are subject to normal construction tolerances.
10.3The Business shall not be liable for future settlement, erosion, subsidence or ground movement beyond its control.
11

Retaining Walls

11.1Engineering design and certification are excluded unless specifically quoted.
11.2The Customer is responsible for obtaining required approvals.
11.3The Business shall not be liable for retaining wall failure arising from:
  • Inadequate drainage
  • Defective engineering
  • Excessive surcharge loading
  • Ground movement
  • Flooding
  • Customer modifications
11.4Where construction is performed in accordance with customer-supplied plans, responsibility for design remains with the Customer.
12

Drainage Works

12.1Existing drainage conditions may not be fully identifiable prior to excavation.
12.2The Business does not guarantee elimination of all future flooding or drainage issues.
12.3Additional drainage requirements discovered during Works shall be treated as Variations.
13

Latent Conditions

13.1Latent conditions include:
  • Rock
  • Buried concrete
  • Asbestos
  • Contaminated soil
  • Tree roots
  • Underground structures
  • Groundwater
  • Unsuitable fill
13.2Additional costs arising from latent conditions shall be payable by the Customer.
13.3The Business may suspend Works pending assessment.
14

Wet Weather

14.1Works may be delayed or suspended due to adverse weather.
14.2The Business shall not be liable for delays caused by weather.
14.3Additional costs associated with remobilisation, pumping, drying or site restoration shall be payable by the Customer.
15

Labour Hire

15.1The Customer shall provide a safe workplace.
15.2Labour hire personnel remain under the Customer's day-to-day direction unless otherwise agreed.
15.3The Business shall not be liable for losses arising from Customer instructions.
16

Plant & Equipment Hire

16.1Hire charges commence when equipment leaves the Business premises.
16.2The Customer is responsible for theft, vandalism and misuse.
16.3Downtime caused by Customer delays remains chargeable.
16.4Fuel, transport and cleaning charges may apply.
17

Materials

17.1Ownership remains with the Business until payment in full.
17.2Natural materials may vary in colour, texture and composition.
17.3Substitute materials of equivalent quality may be supplied where necessary.
18

Payment Terms

18.1Deposits may be required before commencement.
18.2Progress payments may be issued.
18.3Invoices are payable within seven (7) days unless otherwise stated.
18.4The Business may suspend Works where accounts are overdue.
19

Overdue Accounts

19.1Interest of 10% per annum may be charged on overdue accounts.
19.2The Customer shall pay all recovery costs including:
  • Solicitor costs
  • Debt collection fees
  • Court filing fees
  • Enforcement costs
20

PPSA

20.1The Customer grants the Business a security interest under the Personal Property Securities Act 2009 (Cth).
20.2The Business may register its security interest.
21

Risk & Insurance

21.1Risk passes upon practical completion.
21.2The Customer shall maintain adequate insurance.
21.3The Business maintains public liability insurance as required by law.
22

Limitation of Liability

22.1Liability is limited to the maximum extent permitted by law.
22.2The Business shall not be liable for indirect or consequential loss.
22.3Liability is limited to:
  • Re-supply of services; or
  • Payment of the cost of re-supplying services.
23

Existing Conditions

23.1The Business is not responsible for:
  • Existing structural defects
  • Cracking
  • Settlement
  • Subsidence
  • Drainage failures
  • Soil movement
23.2Excavation and compaction activities inherently involve risk.
24

Cancellation & Stand-Down Charges

24.1Deposits are non-refundable to the extent of costs incurred.
24.2Cancellation within 48 hours may incur:
  • Mobilisation costs
  • Labour costs
  • Equipment charges
  • Administration fees
  • Subcontractor costs
24.3Stand-down time caused by Customer delays is chargeable.
25

Personal Guarantee (Commercial Customers)

25.1Directors, trustees and guarantors jointly and severally guarantee payment of all monies owing.
25.2Guarantors indemnify the Business against all recovery costs.
25.3This guarantee remains in force until all debts are paid.
26

Photographs & Marketing

26.1The Business may photograph Works for records and marketing.
26.2Customer identifying information will not be published without consent.
27

Dispute Resolution

27.1Parties shall first attempt to resolve disputes by negotiation.
27.2If unresolved within 21 days, either party may commence legal proceedings.
28

Privacy

28.1Customer information may be collected for operational, legal and credit purposes.
28.2Information will be handled in accordance with applicable privacy legislation.
29

Governing Law

29.1These Terms are governed by the laws of Queensland, Australia.
29.2The parties submit to the jurisdiction of Queensland courts.

These Terms are governed by the laws of Queensland, Australia. For questions, contact us at [email protected] or call 0422 640 619.

Bare Bones Earthworks

Professional excavation, earthmoving, and lawn maintenance services across South East Queensland.

© 2026 Bare Bones Earthworks. All rights reserved.

South East Queensland, Australia