1. Acceptance of Delivery: Receipt of goods is deemed acceptance of delivery in full.

2. Claims & Refunds: Any request for credit, refund, or claim must be raised within 7 days of delivery or receipt of Invoice. Any claim or dispute after this period is invalid.

3. Claim Submission Requirements: Any claim raised must include substantive and validated data, 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 are automatically invalid if the customer is outside agreed trading terms or is on stop credit.

6. Non-Returnable Goods: Goods specifically mixed, blended, packaged, or bagged for the customer cannot be returned except at the sole discretion and written approval of NLS.

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

8. Interest on Overdue Payments: Interest at 2% is applied on overdue balances monthly. Outstanding interest is added to the total outstanding amount.

9. Offset of Claims: The value of any claim 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 goods, or like goods only, on an ex-yard basis.

11. Delivery & Risk:

    • Minimum delivery quantities apply (1 Tonne/m³). Smaller quantities may be delivered at NLS’s discretion, with surcharges.
    • Materials remain the property of NLS until paid in full, unless otherwise expressly noted in writing by NLS at the sole discretion of NLS.
    • Products are not guaranteed and may contain recycled materials. Customer is responsible for site-specific specifications and use and/or application of product.
    • 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 legal and regulatory requirements.
    • Once 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 $170/hr + GST pro rata.
    • Landscape materials may compact during loading and settle up to 30% in transit.
    • Bulka Bags once filled are NON-REFUNDABLE.
    • Turf must be paid in full before cutting and is NON-REFUNDABLE once cut.
    • Pavers and Blocks 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.
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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 compliance with transport safety laws regarding customer vehicle loading.
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13. General Provisions:

    • In these Terms, the words ‘claim,’ ‘request for credit,’ ‘refund request,’ or ‘dispute’ have the same meaning.
    • All products are subject to NLS Trading Terms and Conditions as published at https://nepeanlbs.com.au/terms-and-conditions/.
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