Terms and Conditions of Trade
 

Victorian Playground Installations Pty Ltd

ABN: 28 668 811 265

Effective 1st February 2026
 

Thank you for choosing us.
 

Please read the terms of trade listed below. You can accept these terms by clicking on the link in the email that this document was attached to. These terms need to be accepted before we begin work at your property.
 

1. Definitions

Contractor means Victorian Playground Installations Pty Ltd.
Client means the person, organisation, council, school or entity engaging the Contractor.
Works means installation, excavation, landscaping (if applicable), repair, maintenance, inspection, reporting and supply of playground equipment, surfacing and associated services.
Site means the location where the Works are performed.
Practical Completion means when the Works are substantially complete and fit for their intended use, notwithstanding minor defects or omissions that do not prevent use.

2. Acceptance

2.1 Acceptance of any quotation, instruction to proceed, or engagement of services constitutes acceptance of these Terms.

2.2 These Terms prevail over any terms provided by the Client unless agreed in writing by the Contractor.

2.3 These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations or agreements.

 

3. Quotations & Pricing

3.1 Quotations are valid for 30 days unless otherwise stated.

3.2 Prices are based on site conditions visible at the time of inspection.

3.3 The Contractor does not allow for hidden, latent, underground, concealed or unforeseeable conditions including but not limited to:

• Rock

• Unmarked services

• Contaminated soil

• Drainage issues

• Subsurface instability

• Buried debris or fill

Such matters constitute a variation.

4. Variations

4.1 Variations must be approved in writing.

4.2 Variations will be charged at the Contractor’s prevailing labour, plant and material rates.

4.3 The Contractor may suspend Works until variation pricing is agreed.

4.4 Delays caused by variations will entitle the Contractor to an extension of time.

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5. Payment Terms

5.1 A deposit (if required) is payable within 7 days of acceptance.

5.2 Progress payments may be claimed for works extending beyond 14 days.

5.3 Final payment is due strictly within 7 days of invoice date unless otherwise agreed in writing.

5.4 Payment claims may be made pursuant to the Building and Construction Industry Security of Payment Act 2002 (Vic).

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6. Default, Interest & Suspension

6.1 If payment is not made when due:

• The Contractor reserves the right to charge interest on any amount unpaid 30 days after the due date at a rate of 10% per annum, calculated daily, until payment is received in full.

• The Contractor may immediately suspend Works without notice.

• All outstanding amounts become immediately due and payable.

6.2 The Contractor shall not be liable for any loss or delay arising from suspension due to non-payment.

6.3 The Client is liable for all recovery costs including debt collection fees, legal costs on a solicitor-client basis, court fees and enforcement costs.

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7. Retention of Title

7.1 Ownership of goods and materials supplied remains with the Contractor until full payment is received.

7.2 Risk in goods passes to the Client upon delivery to Site or Practical Completion, whichever occurs first.

7.3 The Client irrevocably authorises the Contractor to enter any premises where unpaid goods are located to recover them, to the extent permitted by law.

7.4 The Client acknowledges that this clause creates a security interest under the Personal Property Securities Act 2009 (Cth) and consents to the Contractor registering that interest on the PPSR.

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PLAYGROUND INSTALLATION & EXCAVATION
 

8. Installation Works

8.1 Works are performed in accordance with relevant Australian Standards where specified in the quotation, including but not limited to:

• AS 4685 (Playground Equipment)

• AS 4422 (Impact Attenuating Surfacing)

8.2 Compliance applies only to the scope of Works performed by the Contractor.

8.3 The Contractor is not responsible for:

• Equipment not installed by the Contractor

• Pre-existing defects

• Modifications by third parties

• Ongoing maintenance after handover
   

9. Underground Services & Excavation

9.1 The Client warrants that all underground services (including electrical, gas, water, sewer, stormwater, irrigation, communications and private services) have been accurately identified and clearly marked prior to commencement.

9.2 The Contractor is entitled to rely on plans and Dial Before You Dig information and is not responsible for inaccuracies.

9.3 The Contractor is not liable for damage, delay or cost arising from:

• Unmarked or incorrectly marked services

• Services not shown on plans

• Private services not registered

• Latent subsurface conditions

9.4 Discovery of undisclosed services constitutes a variation.

9.5 The Client indemnifies the Contractor against claims arising from undisclosed or incorrectly identified services.

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INSPECTIONS & REPORTING
 

10. Inspections & Reports

10.1 Inspections are visual and non-destructive only.

10.2 Inspections do not include engineering certification unless agreed in writing.

10.3 Reports reflect conditions visible and accessible at the date of inspection only.

10.4 The Contractor is not liable for defects:

• Hidden within footings or underground

• Developing after the inspection date

• Caused by misuse, vandalism, weather or lack of maintenance

10.5 Reports are provided solely for the Client’s use and may not be relied upon by third parties without written consent.

11. Ongoing Maintenance Responsibility

11.1 The Client acknowledges playgrounds require ongoing inspection and maintenance.

11.2 Responsibility for ongoing compliance and safety rests with the asset owner after Practical Completion or delivery of a report.

11.3 Failure to implement recommended corrective actions is at the Client’s risk.

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SITE & RISK

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12. Site Access & Safety

12.1 The Client must provide safe and unrestricted access.

12.2 The Site must be free from undisclosed hazards.

12.3 Delays caused by access restrictions, weather, other contractors or public interference may incur additional costs.

 

13. Public Areas & Handover

13.1 The Client is responsible for restricting public access during Works.

13.2 Risk transfers to the Client upon Practical Completion.

13.3 Continued public use after Practical Completion is at the Client’s risk.

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WARRANTIES & LIABILITY

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14. Defects Liability

14.1 The Contractor will rectify defects arising from faulty workmanship notified within 30 days of Practical Completion.

14.2 This does not cover:

• Fair wear and tear

• Lack of maintenance

• Damage by third parties

• Misuse or vandalism

14.3 Statutory warranties under the Domestic Building Contracts Act 1995 (Vic) apply where relevant.

15. Limitation of Liability

15.1 The Contractor is not liable for indirect or consequential loss.

15.2 Liability is limited to the lesser of:

• The contract value; or

• The cost of re-supplying the services.

15.3 Nothing excludes liability under Australian Consumer Law.

 

16. Indemnity

The Client indemnifies the Contractor against claims arising from:

• Client-supplied designs

• Failure to maintain equipment

• Public access during works

• Modifications by others

• Failure to implement recommendations
   

17. Force Majeure

The Contractor is not liable for delays caused by events beyond reasonable control including weather, shortages, industrial action or government directives.

18. Dispute Resolution

Parties agree to attempt good faith negotiation prior to litigation.

Nothing prevents the Contractor from pursuing debt recovery through VCAT or court proceedings.
 

19. Governing Law

These Terms are governed by the laws of Victoria, Australia.