Guide to Customers for Product Selection and Use
The Customer acknowledges that they purchase soil products and associated quarry/rock products (‘Products’) from Western Landscape Supplies (WLS) at their own risk.
Please be advised that our soils are manufactured products, made from a variety of quarried and composted organic materials, which may render them unsuitable for a particular use.
Our quarry/rock products are sourced from a number of locations and naturally vary in content, size, colour, texture and shape. The Customer must take responsibility for ensuring specific requirements and reports are provided where you believe it is warranted by you as the Customer.
WLS will however, where reasonably practicable, provide test reports for any required products upon request (fees may apply). We will endeavour to meet your specific requirements and work with you to deliver a suitable product.
WLS does not guarantee nor warrant that the Products will match the sample requested by the Customer to their exact specifications or as to their quality as these Products may have variations in size, color, texture and shape or that Product descriptions or other Product contents are accurate, complete, reliable and or current.
The soil that WLS receives could contain constituents/analyses that are background (or naturally occurring) to the area of original extraction. Given this, such constituents could be considered contaminants in the destination area administered by the Customer.
WLS does not accept liability for any loss or damage (whether direct, indirect, consequential or economic) however caused, and whether by negligence or otherwise, which may result directly or indirectly from use of Products supplied. WLS will not indemnify any Customer against a loss or liability that has been reasonably incurred by the Customer as the result of a claim made by the Customer and or by a third party where that loss or liability was caused or contributed by Products purchased from WLS. Product descriptions are subject to change at any time and without prior notice.
It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re‐send the order to the correct address at our expense.
We will provide you with an estimated date and time for delivery for all orders and while we make every effort to deliver by this time, all dates and times specified are estimates only. Unfortunately, we are unable to guarantee time of delivery.
It is the responsibility of the Customer to inform WLS if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the relevant logistics and transport departments to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately.
Replacement items will be despatched according to our discretion. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place, or during the time of delivery.
Delivery Terms and Conditions
These terms and conditions will apply to all order placed via the WLS website, and all Customers are required to read and fully understand the delivery terms and conditions. Your completion of the online ordering process implies that you have read, understood and agreed to all of these conditions.
While the driver/contractor will exercise due care in delivering the material, WLS and its suppliers will not be held responsible for any property damage which may occur during the delivery operation or items that will prohibit material from being delivered.
WLS ‐ Assumption of the Risk, Release and Hold Harmless Agreement
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including the promise to deliver bulk product and any other agreed upon materials (together hereinafter referred to as “materials”), the Customer hereby acknowledges, covenants and agrees as follows:
(1) The agreed upon delivery includes, without limitation, the use of large vehicles and/or machinery, possibly weighing in excess of 5,000 kg, which may be required to enter upon the real property of the Customer or the Customer’s client, as well as the dispensing of the materials on said property.
(2) The delivery of the materials involves exposure to inherent risks and dangers, including, without limitation:
• Cracked driveways
• Damage to grass/lawn
• Damage to walkways, structures and infrastructure
• Damage to shrubs, plants, flowers, trees, tree limbs or any other landscaping
• Plant diseases caused by the use of delivered materials
• Damage to utility lines
• Other damages caused by the weight, height or width of the delivery vehicle to landscaping, driveways, structures, fences, grass, pavers or any other structure
• Discoloration of driveways/walkways due to leaking fluids or other residue from delivery vehicle
• Discoloration of driveways/walkways where delivered materials are dispensed
• Damage or inconvenience caused by delivery of materials to a spot or location other than that indicated by the Customer as per this agreement
(3) Any product delivered curbside and left on the cross‐over or footpath becomes the responsibility of the Customer. WLS will not be held accountable for any loss, damages, injuries, or municipal action that may arise from this delivery.
(4) Any damage and subsequent costs arising from a WLS or WLS supplier’s vehicle becoming bogged onsite due to client/Customer tipping directions are the responsibility of the Customer. The Customer accepts responsibility for all associated costs, including towing fees that may arise from the driver/contractor and vehicle becoming bogged onsite.
(5) The Customer, and for the Customer’s successors, assigns, heirs, executors and administrators, releases and holds harmless WLS, its officers, agents and employees for any and all injuries, both to person and property, regardless of severity, arising out of or related in any way to the delivery of, or use of, any materials delivered per this agreement, including, without limitation, injuries which occur, in whole or in part, due to any act, negligent, reckless, intentional or otherwise, by or on behalf of WLS, its officers, agents or employees;
(6) The Customer, and for the Customer’s successors, assigns, heirs, executors and administrators, shall indemnify and hold harmless WLS, its officers, agents, and employees, from any and all liability, actions, causes of action, claims, debts and demands of any kind and nature, including costs, expenses and attorney’s fees, incurred by WLS, its officers, agents or employees, as a result of, arising out of or related to, any act or omission, intentional, reckless, negligent or otherwise, by the Customer, during the course of the delivery or use of any materials delivered per this agreement; and
(7) The Customer is 18 years of age or older, has read this document completely and understands its contents, and is legally competent and authorised to execute the same.
(8) This Assumption of the Risk, Release and Hold Harmless Agreement extends to the Customer’s heirs, assigns, legal representatives, beneficiaries, and agents of any kind; as well as to WLS, and past, present and future officers, employees and agents thereof. The Customer acknowledges that he or she has had the opportunity to read this entire form and understands the terms and conditions of delivery.
(9) Please be advised for any scheduled delivery that cannot be delivered due to site restrictions, Customer error or unsafe or illegal tipping conditions, a return to yard fee will apply.