Terms of Service

These Terms of Service apply to your use of the Otway Forestry Mulching website and to services we provide unless a separate written agreement or signed contract applies.

“We”, “us” and “our” mean Otway Forestry Mulching, ABN 58 688 602 119. “You” means the person or organisation requesting a quote, booking work or using our website.

If a signed project agreement, purchase order or written scope conflicts with these terms, that project document will apply to the extent of the conflict.

We prepare quotes from the information available at the time. A quote may depend on a site inspection, photographs, measurements, access conditions, vegetation density, terrain and the scope described by you.

• A quote is not a booking until we confirm the booking with you.
• The quote covers only the work and inclusions described in it.
• Prices are not automatic or guaranteed until they are included in a written quote or agreed variation.
• If the site, access, quantities or requested work change, we may need to provide a revised quote or variation before continuing.
• The quote will state any expiry date, exclusions, assumptions or conditions that apply.

You should tell us before booking about known boundaries, easements, permits, protected vegetation, underground services, contaminated areas, access limits and any requirements imposed by a council, land manager, insurer or other authority.

You agree to provide accurate information and reasonable cooperation so the work can be planned and carried out safely.

• Provide lawful access to the site at the agreed time and identify the work area and boundaries.
• Obtain permissions, permits and approvals that are your responsibility as the landowner, occupier or principal contractor.
• Tell us about underground pipes, cables, tanks, septic systems, irrigation, unstable ground, asbestos, chemicals, animals and other hazards.
• Remove or secure personal property, vehicles, stock and pets from the work area.
• Ensure someone authorised to make decisions is available when the scope or site conditions need clarification.
• Pay invoices by the due date and raise any genuine query promptly.

We may pause, reschedule or refuse work if conditions are unsafe, access is unsuitable, weather or fire conditions create unacceptable risk, or the requested work cannot be completed lawfully.

This can include extreme heat, high winds, lightning, wet or unstable ground, total fire bans, machinery hazards, unidentified services, unsafe structures or conditions that could endanger people, property or the environment.

We will take reasonable care in carrying out the agreed work. Our machinery and work methods may create noise, dust, vibration, track marks, mulch spread and temporary changes to the ground surface. These are discussed where reasonably foreseeable and should be considered before booking.

Digital job records, photographs and completion information support project communication. They do not replace permits, statutory approvals, safety systems, environmental duties or advice from a qualified consultant.

A booking is confirmed when we have agreed the scope, timing and any required conditions. Timing can change due to weather, fire restrictions, machinery availability, access, emergency work or circumstances outside our reasonable control.

Please give as much notice as possible if you need to cancel or move a booking. We may charge for reasonable costs already incurred or time that cannot reasonably be reallocated, where this has been agreed or is permitted by law.

If we need to reschedule for safety, weather, machinery or another reasonable operational reason, we will work with you to arrange another suitable time. No charge applies for work that has not been carried out.

Invoices are payable by the due date shown on the invoice. If you believe an invoice contains an error, contact us promptly with the details so we can review it.

Work outside the agreed scope, additional quantities, extra site preparation, waiting time caused by access or client instructions, disposal not included in the quote, and return visits may be charged as a variation. Where practical, we will explain the change and obtain your approval before doing the additional work.

We may suspend or delay further work if an invoice remains unpaid, after giving reasonable notice. This does not limit any rights available under Australian Consumer Law or other applicable law.

We may take photographs, measurements and notes of the work area and completed work for quoting, quality control, project records, invoicing, safety and agreed completion reporting.

For government and commercial projects, additional records may be created where included in the agreed scope. The records supplied will depend on the project requirements and the information captured during delivery.

We will not knowingly publish identifiable private information or use project images for public marketing without appropriate permission. Please tell us before work begins if there are specific confidentiality or photography restrictions.

You remain responsible for information you provide, permissions you obtain and hazards or services that were not disclosed or reasonably identifiable before work began.

We are not responsible for loss caused by inaccurate instructions, hidden or undisclosed conditions, pre-existing defects, ordinary ground or vegetation movement, third-party acts, severe weather, fire restrictions, or events outside our reasonable control.

Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified under the Australian Consumer Law or other applicable law. Where permitted by law, our liability is limited to supplying the services again or paying the cost of having the services supplied again.

We maintain the insurance and business documentation described in our capability information where applicable to the project. Specific certificates or project requirements should be requested before engagement.

Website content is general information and may change. Images, examples and service descriptions do not guarantee a particular result because every site has different conditions.

Information submitted through the website is handled for responding to enquiries, preparing quotes, delivering services and related business administration. Please contact us if you need information about a specific submission or want to discuss privacy.

If something has not gone to plan, contact us first so we can understand the issue and work toward a practical resolution. If we cannot resolve a dispute directly, either party may use any complaint, mediation or legal process available under applicable Victorian or Australian law.