1. Acceptance of Delivery: Delivery of goods is deemed acceptance of delivery in full by the customer. Acceptance of delivery in full is not contingent on customer or their representative signing a docket. Any and All associated product testing, sampling, laboratory, expert review, reporting, document production, disbursements and costs specifically required, or associated with any product, project or service provided by NLS are payable by the customer in full and deemed accepted in full on receival of the goods and/or associated report or document.

2. Claims & Refunds: Any claim or dispute by the customer regarding quantity of goods, whether relating to volume or weight or number of items, must be raised by the customer immediately at the time of delivery. Any other request for credit, refund, or claim must be raised in writing within 7 days of delivery/receival of respective goods, document or Invoice, whichever first occurs. Any claim or dispute raised after the respective period is invalid. Placement of an order by the customer, whether in writing, or made verbally, or otherwise, is deemed acceptance in full of the quoted quantity and value of the goods, whether such quote is provided by NLS in writing or verbally.  If a customer subsequently reduces the required quantity, then the full quoted quantity and value remains payable in full by the customer unless agreed otherwise in writing by NLS. If a customer continues to order a higher quantity then allowed for in the quote, then the higher quantity and associated value will be deemed payable by the customer at a pro rata rate. Unless agreed otherwise by NLS in writing or updated quote.

3. Claim Submission Requirements: Any claim raised must include substantive and validated data and reasons, clearly set out for review. Claims exceeding $5,000 may require assessment by a Quantity Surveyor (QS) or another expert at the sole discretion of Nepean Landscape Supplies (NLS).

4. Claim Review Process: Review of any claim by NLS does not constitute acceptance of the claim.

5. Trading Terms Compliance: Claims and disputes are automatically invalid if the customer is outside agreed trading terms or is on stop credit in any respect.

6. Non-Returnable Goods: Goods specifically mixed, blended, processed, packaged, loaded, delivered, tested or bagged for the customer, or used, or subsequently handled, applied or mixed by the customer cannot be returned except at the sole discretion and written approval of NLS. If return of goods is authorised by NLS, the associated costs will be paid by the customer, unless expressly approved otherwise in writing by NLS, prior to return of the goods.

7. Responsibility Upon Use: Goods received by and/or delivered to and/or applied and/or installed or otherwise handled by the customer are deemed to have been inspected, fit for purpose, and accepted in full by the customer.

8. Interest & Costs on Overdue Payments:Interest at 2% is applied on overdue balances monthly. Outstanding interest is added to the total outstanding amount. Costs of recovery, legal costs, expert advice, disbursements and all costs incurred directly or indirectly in relation to and associated with any claim or overdue amounts are payable in full by the customer. Including interest as applied and accrued to such costs outstanding.

9. Offset of Claims: The value of any claim raised by the customer is reduced by any monies owing to NLS or related entities of NLS, by the customer or related entities of the customer, including accrued interest and any counterclaims NLS may have against the customer or related entities of the customer.

10. Claim Limitations: Any claim reviewed and accepted by NLS is limited to the value of replacement portion of goods, or like goods only, on an ex-yard basis. If additional testing is required, this is the sole responsibility of the customer.

11. Delivery & Risk:

• •  Minimum delivery quantities apply (1 Tonne/m³). Smaller quantities may be delivered at NLS’s discretion, with surcharges.

  • Docket and/or invoice provided by NLS is deemed proof of quantity of goods accepted in full by the customer.  

  • Unless expressly noted otherwise on NLS docket and invoice provided, the quantity of goods delivered in each delivery and payable in full by the customer will be deemed as equal to the maximum volume or weight or number of items of the respective goods able to be legally carried by the respective delivery vehicle. No part loads will be delivered, or deemed as part loads, unless expressly agreed and noted in writing by NLS prior to delivery and recorded on the NLS docket or invoice provided to the customer.

  • Indicative delivery quantities by truck type are a) Small Rigid 5tonne/6m3. b) Medium Rigid 8tonne/12m3. c) 6 Wheel Large Rigid 30m3/17tonne d) 10 Wheel large Rigid 40m3/20tonne e)Truck & Quad Dog 38tonne/50m3 f)Truck & Quinn Dog 43tonne/65m3 g)A/B Double 53t/130m3 h)Walking Floor 26tonne/100m3

  • A weight or volumetric printer docket supplied by NLS is deemed proof of quantity of goods. Where this is not available, an alternate method of quantity determination such as loading bucket, axle scales, item count, or professional estimate by a competent employee or representative of NLS, or a combination of these may be used and determined by NLS on loading and delivery of goods at the sole discretion of NLS and as recorded on the printed or manual docket or invoice provide by NLS.

  • Materials remain the recoverable property of NLS until paid in full, unless otherwise expressly noted in writing by NLS, at the sole discretion of NLS. Costs of recovery of goods by NLS are the responsibility of the customer.

  • Products are not guaranteed and may contain recycled materials. Customer is responsible for site-specific specifications and use and/or application of product. Customer is responsible for fit for purpose application of the goods and any site import or export requirements and associated costs, including bit not limited to testing costs and review.

  • Materials are NOT guaranteed to be weed-free.

  • NLS reserves the right to change product specifications without notice. Customers must ensure suitability for their application and comply with all legal and regulatory requirements.

  • Once goods are delivered and tipped, NO REFUND POLICY applies.

  • The delivery driver has sole discretion over the tipping location.

  • Failed deliveries incur a return and re-delivery fee.

  • Cancellations after loading incur a loading/unloading, restock, and transport fee.

  • Waiting times over 15 minutes are charged in 15-minute increments at $180/hr + GST pro rata.

  • Landscape materials and soils may settle or compact up to 40% during loading, transit, application, blending and moisture absorption. It is the sole responsibility of the customer to allow sufficient quantity of materials for their specific material application and site conditions.

  • Bulka Bags once filled are NON-REFUNDABLE.

  • Turf must be paid in full before cutting and is NON-REFUNDABLE once cut.

  • Pavers and Blocks and natural products  may vary in colour from batch to batch; order complete amounts upfront. NO RETURNS, EXCHANGES, OR REFUNDS.

  • Non-stocked items ordered on request must be paid in advance and are NON-REFUNDABLE.

  • Pallets not returned within 14 days will incur a $35.00 charge each.

  • Cheques are not accepted.

12. Liability for Damages:

• • The customer must provide safe access for deliveries. Any damage to public or private property, including footpaths, driveways, and structures, is the customer’s responsibility.

  • All responsibility of NLS ceases at the kerb or upon entry to the delivery site.

  • NLS is not responsible for customer compliance with transport safety laws regarding customer vehicle loading.

  • Customer is soley responsible for any damage, claim or loss arising from use of and application of goods by the customer. The customer indemnifies NLS in relation to any such costs.

13. General Provisions:

• • In these Terms, the words ‘claim,’ ‘request for credit,’ ‘refund request,’ or ‘dispute’ have the same meaning.

  • NLS means WYBG PL t/as Nepean Landscape & Building Supplies. And related entities if supplying associated goods and services.

  • Customer means person or entity to which NLS is providing goods and services.

  • All products are subject to NLS Trading Terms and Conditions as published and updated at https://nepeanlbs.com.au/terms-and-conditions/.

Additional Terms – On‑Site Soil Processing, Screening & Amelioration

The following additional terms apply to all on‑site soil processing, screening, blending, amelioration, stockpiling, handling and related services (“On‑Site Processing Services”) provided by Nepean Landscape & Building Supplies (NLS) and apply in addition to the Trading Terms & Conditions above.

A1. Scope of Services

On‑Site Processing Services are performed on Customer‑supplied and/or site‑won materials, unless expressly agreed otherwise in writing. Any soil recipe, specification, amendment rate or performance requirement provided by the Customer or its consultant is accepted at the Customer’s risk.

A2. No Warranty – Processed Materials

Processed soils are inherently variable. NLS makes no warranty as to suitability, performance, compliance or fitness for purpose of processed materials unless expressly agreed in writing. Materials are not guaranteed to be weed‑free. Responsibility for use, placement, irrigation, fertilisation, mulching, mixing or handling beyond NLS’s control rests solely with the Customer.

A3. Moisture Content & Site Conditions

Pricing assumes materials are within a workable moisture range. Excessively wet, dry, unstable or unsuitable materials may reduce productivity or prevent processing. In such cases, NLS may vary pricing, charge additional costs, suspend or reschedule works at its sole discretion. NLS is not responsible for latent or unforeseen conditions including oversize rock, clay, waste, contamination or foreign material. Discovery of such conditions entitles NLS to vary pricing, suspend works or require removal at the Customer’s cost.

A4. Quantities & Measurement

Processed quantities may be determined by stockpile measurement, loader bucket counts, truck movements, tally sheets, production records, professional estimate by an NLS representative, or a combination thereof. In the absence of manifest error, NLS records are deemed conclusive evidence of quantities processed.

A5. Access, Delays & Variations

The Customer must provide safe access, suitable work areas and continuous availability of material or as advised by NLS in writing. Delays caused by the Customer, site conditions, restricted access, weather‑exacerbated conditions or third parties are chargeable, including standby time for plant and labour. Any variation to scope, methodology, material condition or site conditions may result in additional charges at NLS’s prevailing rates.

A6. Testing & Advice

Testing, sampling or agronomic recommendations are not included unless requested in writing. Any testing or recommendations provided are advisory only, charged separately, and do not constitute a warranty of performance or compliance.

A7. Limitation of Liability

To the maximum extent permitted by law, NLS’s liability in connection with On‑Site Processing Services is limited, at NLS’s option, to re‑performance of the service or refund of the processing service value only. NLS is not liable for consequential or indirect loss, delay damages, loss of profit, downstream performance issues or third‑party claims arising from processed materials.

A8. Priority

These Additional Terms apply specifically to On‑Site Processing Services and prevail to the extent of any inconsistency with terms relating solely to the supply and delivery of goods.