Terms of Trade.

All quotes are estimates only and remain valid for 30 days unless stated otherwise.

Quotes are based on the site conditions we observe or that are described to us at the time of quoting. If actual conditions differ, including because of underground services, rock, concrete, contamination, asbestos, difficult terrain, hidden obstacles, unstable ground, restricted access, or excess debris, we may adjust the price, timing, or method of work. Where practicable, we will notify you before proceeding.

All prices are in Australian Dollars (AUD). GST is not charged on quotes or invoices.

All work is quoted and charged per job, based on the scope set out in the quote.

Additional travel, mobilisation, accommodation, specialised equipment, permit, haulage, or disposal costs may be quoted separately where applicable.

A quote is accepted, a binding agreement is formed, and you agree to these Terms in full when you do any of the following:

• sign the quote or work order
• confirm acceptance by email, SMS, or other written communication
• pay the deposit
• instruct us to proceed verbally or in writing
• allow us onto the site to commence work

Unless otherwise agreed in writing, invoicing follows three stages:

1. Deposit invoice, issued on acceptance of the quote. 50% of the quoted amount, payable within 5 days. Works will not be scheduled until the deposit has been received.
2. Works carried out, scheduled after the deposit has cleared.
3. Final invoice, issued on completion. The remaining 50% balance is due within 7 days of completion of the works or the date of invoice, whichever occurs first.

Small or single-visit jobs may be invoiced in full on completion, payable within 7 days, with no deposit required.

We accept payment by bank transfer, card, or another method approved by us.

We may require full payment upfront for clients without an established payment history, where significant mobilisation or subcontractor costs apply, or where the job carries higher commercial risk.

For larger, staged, or ongoing projects, progress payments may apply if stated in the quote or otherwise agreed in writing.

If an invoice is not paid by the due date, we may charge interest on the overdue amount at 10% per annum, calculated daily, or any lower rate required by law.

You are liable for reasonable costs actually incurred by us in recovering overdue amounts, including debt collection costs, legal costs where recoverable, and court or enforcement fees.

We may suspend current or future work while any overdue amount remains unpaid.

Any completion timeframe is automatically extended by delays caused by late payment.

Our work is limited to what is described in the accepted quote or work order.

Any work outside the agreed scope, including extra clearing, stump grinding, debris handling, waste removal, disposal, haulage, tip fees, or additional machine time, will be charged at our standard rates or as otherwise agreed before the extra work proceeds.

Unless expressly stated otherwise, our services do not include:

• surveying or boundary identification
• obtaining permits, approvals, or council consents
• remediation of contaminated land
• removal or management of asbestos-containing materials
• engineering, landscaping, replanting, or surface restoration
• dry hire of machinery without an operator
• application of herbicides or other agricultural chemicals

Applying agricultural chemicals, including herbicide for weed control, on another person's property for a fee requires a Commercial Operator Licence (COL) from Agriculture Victoria. Ironbark is arranging that licence and does not quote, book, or carry out commercial spraying until it is held.

Any mention of follow-up spraying in a quote or conversation is general guidance only. Where chemical control is needed, it is arranged by you with a licensed contractor, who is responsible for that work, and Ironbark is not liable for it.

Once the licence is held, spraying will only be carried out where it is set out in an accepted quote, and these Terms will be updated with any conditions that apply to chemical work.

Any change to the agreed scope of work is a variation.

Variations should be confirmed in writing wherever practicable. Email or SMS is sufficient.

If urgent site conditions or operational requirements make prior written approval impracticable, we may act on verbal instructions from you or your authorised representative and confirm the variation in writing as soon as reasonably practicable afterward.

Variations may affect both price and timing.

You acknowledge that vegetation management, mulching, slashing, and clearing works may involve heavy machinery operating on natural or prepared surfaces.

Some surface disturbance, including rutting, compaction, track marks, soil displacement, lawn damage, gravel movement, and similar effects, may be an unavoidable consequence of the works and is not, by itself, defective work.

We will take reasonable care to minimise unnecessary damage, but restoration of lawns, turf, gravel, irrigation, landscaping, or other surface finishes is not included unless expressly stated in the quote.

Unless expressly stated otherwise, green waste, timber, mulch, stumps, and other cleared material will remain on-site in the manner agreed, including mulched, windrowed, stacked, or stockpiled.

Where removal and disposal are included, the quoted price is based on the estimated type, classification, and volume of waste.

If waste is contaminated, mixed, reclassified, or greater in volume than reasonably anticipated, any additional transport, disposal, levy, or tip costs will be payable by you.

Burning is only undertaken where lawful, safe, and expressly agreed, and where all required permits and permissions are in place.

You must provide safe, legal, and practical access to the work site, including suitable access for machinery where required.

You are responsible for identifying and clearly marking all known underground and above-ground services before work starts, including water, gas, electricity, telecommunications, sewer, stormwater, drainage, irrigation, and private services.

We are not liable for damage to services that are unmarked, incorrectly marked, inaccurately described, or not disclosed to us.

You must tell us about any known hazards, contamination, unstable ground, heritage restrictions, environmental overlays, vegetation controls, easements, protected species, access restrictions, or neighbour disputes affecting the site.

You warrant that you are the legal owner of the property or are otherwise authorised to engage us and instruct the works.

If access is required across neighbouring land, you must obtain all required permissions before work begins.

You are solely responsible for obtaining all permits, approvals, consents, exemptions, and clearances required for the works. This includes, without limitation, council planning permits, native vegetation removal permits, cultural heritage approvals, environmental and overlay approvals, CFA or fire authority approvals, burning permits, road or access approvals, and any approval required from a body corporate, landlord, neighbour, or other third party.

By accepting a quote or instructing us to proceed, you warrant that all permits, approvals, and exemptions required for the works have been obtained, are current, and are valid, and that the works as scoped are lawful to carry out. You must provide copies on request.

We do not apply for permits on your behalf. We do not assess whether vegetation is native, protected, regulated, or exempt. Any general comment we make about permits, vegetation classification, overlays, or approvals, including results from our online permit checker, is informal observation only and is not legal, planning, arboricultural, or environmental advice. You must make your own enquiries with your local council, the Department of Energy, Environment and Climate Action (DEECA), Traditional Owners, the CFA, and any other relevant authority.

Indemnity. You indemnify and hold us harmless against all fines, penalties, infringement notices, prosecutions, remediation orders, offset costs, legal costs, third-party claims, and losses arising from or connected to works carried out without the required permits, approvals, or exemptions, or in breach of any permit condition, where the failure to obtain or comply with the permit is not the direct result of our wilful misconduct.

If we form the view at any time, before or during works, that a permit or approval may be required and has not been obtained, we may stop or refuse to commence work without liability until you provide written evidence that the works are lawful. Any standby, demobilisation, or rescheduling costs arising from such a stoppage are payable by you.

If work is delayed, suspended, or stopped because required permits or approvals are missing, invalid, disputed, or revoked, you remain liable for work already completed, materials ordered, subcontractor costs incurred, and reasonable demobilisation costs.

We may issue directions on site for safety reasons, and all persons attending the site must comply with them.

You must not enter the active work area without our express permission.

We may stop work immediately if we identify an unacceptable safety risk.

Where required, we may prepare or rely on Safe Work Method Statements, Job Safety Analyses, site-specific risk assessments, or similar safety documents.

We will take reasonable steps to minimise unnecessary land degradation, erosion, and pollution while carrying out the agreed works.

You must tell us about any environmental protection orders, conservation covenants, overlays, vegetation restrictions, protected areas, or similar matters affecting the site.

If protected flora, fauna, cultural heritage items, contamination, or other restricted matters are discovered during works, we may stop work in the affected area until the issue is properly addressed.

Our work is weather-dependent and subject to site conditions.

We may postpone, suspend, or reschedule works due to rain, boggy ground, high winds, extreme heat, fire danger, Total Fire Ban, Code Red conditions, machinery breakdown, unsafe site conditions, supply issues, labour shortages, access issues, or any event beyond our reasonable control.

Rescheduling. Where works cannot proceed safely or productively due to weather or site conditions, the affected day or days will be rescheduled to the next available working day suitable to both parties. We will give as much notice as reasonably practicable, usually by phone or SMS the evening before or early on the morning of works.

Weather standby fee. Where machinery, plant, or operators have already been mobilised, hired, or committed and the works are lost to weather or site conditions, a standby fee covering the costs we have already incurred, including plant hire, float, fuel, and committed time, applies. For work carried out over multiple days, this fee is calculated for each affected day. The standby fee does not apply where the lost time is rescheduled to an immediately consecutive working day at no additional disruption to us.

We are not liable for loss arising from delays caused by matters beyond our reasonable control. These include natural disasters, flood, storm, fire, pandemic, government restrictions, utility failure, labour shortages, supply shortages, civil disturbance, and industrial action.

Cancellation must be made in writing. Email or SMS is sufficient.

• More than 48 hours before the start date: we will refund the deposit less any reasonable costs already incurred, including site visits, planning time, administration, permit costs, material orders, or subcontractor bookings.
• Within 48 hours of the start date: we may retain from the deposit an amount reasonably reflecting the loss, costs, and commitments incurred by us, including labour allocation, subcontractor bookings, mobilisation, and administration.
• Less than 24 hours' notice for reasons other than weather or site conditions: the costs we have already incurred in mobilising for the works, including plant hire, float, fuel, and committed time, are payable.

If you cancel after work has commenced, you must pay for:

• work completed up to the date of cancellation
• materials purchased, ordered, or committed
• subcontractor and hire costs incurred
• reasonable demobilisation and administration costs
• any restocking, cancellation, or return freight charges actually incurred

We may suspend or terminate work immediately if:

• payment is overdue
• the site is unsafe or materially different from what was disclosed
• you breach these Terms
• continuing would breach a law, permit condition, or safety requirement
• you engage in threatening, abusive, or obstructive conduct toward our personnel

If work is suspended or terminated under this clause, you must pay all amounts owing for work performed, materials committed, subcontractor costs, and reasonable demobilisation costs up to the date of suspension or termination.

We may take photographs and video of the site, machinery, work process, and completed results for legitimate business purposes, including:

• quoting and project planning
• internal record keeping and quality control
• training
• insurance and dispute resolution
• compliance and safety documentation
• marketing and promotional use, including on our website, social media, online listings, portfolio materials, and advertising

Where reasonably practicable, we will avoid publishing personal information unnecessarily.

If you do not want photographs or video of your property used for marketing or promotional purposes, you must notify us in writing before work starts. Even if you opt out of marketing use, we may still capture, keep, and use photographs or video for operational, safety, legal, insurance, compliance, and record-keeping purposes.

If you upload or send photos of your property with an enquiry, they are used to help us understand the job before we come out. Photos are indicative only and do not replace the on-site visit, and no price is given or fixed off photos alone.

By sending them you confirm you own the images or have permission to share them, and that you are entitled to share images of that property. Photos you upload through our website are stored privately and are only accessible to us. They are never published to a public gallery without your permission.

We handle personal information in accordance with our Privacy Policy, which explains what we collect, the tools we use, and your rights.

By contacting us through our website, by email, by phone, by SMS, or in person, you consent to us:

• storing your contact details and enquiry information in our customer relationship management (CRM) system and related business tools
• sending you automated and manual emails, SMS messages, and other written communications relating to your enquiry, quotation, booking, works, invoices, follow-ups, and other operational matters
• contacting you to arrange site visits, confirm details, provide updates, request feedback or a review, and close out completed works

These communications are not marketing. You can opt out of any non-essential communications at any time by replying to the relevant message or contacting us directly. Operational communications relating to active enquiries, quotes, bookings, or invoices may continue while that matter is on foot.

We maintain public liability insurance and any other insurance we consider appropriate for our operations. Certificates of currency are available on request.

To the maximum extent permitted by law, and subject to any rights that cannot be excluded, our total aggregate liability arising out of or in connection with the works or these Terms is limited to the total amount paid or payable by you for the relevant works.

To the maximum extent permitted by law, and subject to any rights that cannot be excluded, we are not liable for:

• damage to unmarked, incorrectly marked, inaccurately described, or undisclosed services
• loss arising from inaccurate, incomplete, or misleading information supplied by you
• delays caused by weather, site conditions, permit issues, or events beyond our reasonable control
• pre-existing site, drainage, structural, contamination, environmental, or ground condition issues
• indirect, special, or consequential loss, including loss of profit, revenue, opportunity, or business interruption

You are responsible for losses, claims, costs, or liabilities suffered by us to the extent they arise from:

• your breach of these Terms
• inaccurate, incomplete, or misleading information supplied by you
• your failure to obtain required approvals, permissions, or permits
• the acts or omissions of you, your employees, contractors, agents, or invitees
• unauthorised entry into the active work area by you or people connected with you

This clause does not apply to the extent the loss was caused or contributed to by our negligence, breach of law, or breach of these Terms.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any rights you may have under it.

Where the law permits us to limit liability for breach of a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having the services supplied again, at our election.

If a dispute arises, both parties agree to first try to resolve it through good-faith discussions.

If the dispute is not resolved within 14 days after written notice, either party may refer the dispute to mediation. Unless otherwise agreed, the mediator will be appointed by the Resolution Institute, and the mediator's fees will be shared equally unless otherwise agreed or determined in the mediation.

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief where necessary.

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any appellate courts having jurisdiction over them.

Where works are physically performed in New South Wales, the parties also submit to the non-exclusive jurisdiction of the courts of New South Wales for any matter arising directly from those works.

Nothing in this clause limits our right to commence proceedings to recover an unpaid amount in any court of competent jurisdiction in Australia.

If any part of these Terms is found to be invalid, illegal, or unenforceable, that part will be read down to the extent necessary or severed, and the remaining parts will continue in full force and effect.