TERMS AND CONDITIONS OF TRADE
1. GENERAL AGREEMENTS
1.1 By engaging My Canberra Handyman to perform services (“Services”) and/or supply materials (“Goods”), You (“the Customer”) agree to be bound by these terms and conditions.
1.2 Unless otherwise agreed in writing by My Canberra Handyman, the Customer must pay My Canberra Handyman’s invoices for Services and materials and other charges at the time of My Canberra Handyman rendering an invoice to the Customer. The Customer must pay My Canberra Handyman invoices in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising
1.3 The Customer agrees that it must within seven days of the date of delivery or completion of the services, give written notice to My Canberra Handyman, with particulars of any claim that the services are defective or not in accordance with the agreement between My Canberra Handyman and the Customer. In the event that the Customer fails to give such notice within the said period, then to the full extent permitted by law, the services are deemed to have been accepted by the Customer and all claims by the Customer against My Canberra Handyman for the services are extinguished and the Customer must pay My Canberra Handyman for the Services
1.4 In the event of the Customer being unsatisfied with My Canberra Handyman services, the Customer agrees to allow the My Canberra Handyman an opportunity to rectify the said services. Where the Customer refuses or otherwise prevents the My Canberra Handyman from rectifying the services , to the full extent permitted by law, the liability of My Canberra Handyman to the Customer for the services shall be extinguished and the Customer will be liable to My Canberra Handyman for payment in full of the My Canberra Handyman invoices
1.5 The Customer expressly acknowledges and agrees that it has not relied upon, and My Canberra Handyman is not liable for any advice given by My Canberra Handyman, and in relation to the suitability of the services, materials which are provided for the customer for a particular purpose.
1.6 Any instructions received by My Canberra Handyman from the Customer for the supply of Materials and/or Services supplied by My Canberra Handyman shall constitute acceptance of the terms and conditions contained herein.
2. PRICES AND PAYMENT
2.1 Payment of Services will be made by EFTPOS, cash, or by cheque (made out to Brett Myors), or by Electronic Funds Transfer into the nominated bank account of My Canberra Handyman, or by credit card (plus a surcharge of up to three and half five precent (3.5%) of the Price) for credit card transactions, or by any other method as agreed to between the Customer and My Canberra Handyman.
2.2 Part Payments for materials over $50 which are the total of all materials on the quote are required for the cost of materials are to be paid up front to My Canberra Handyman. Part Payments must be made by EFTPOS, Electronic Funds Transfer into the nominated bank account of My Canberra Handyman, in person or over the phone or unless otherwise agreed to by My Canberra Handyman.
2.3 My Canberra Handyman reserves the right to change the Price in the event of a variation to My Canberra Handyman’s quotation. Any variation from the quoted scheduled materials or Services or specifications (including, but not limited to, any variation as a result of additional services and/or materials required), or due to hidden or unidentifiable difficulties beyond the reasonable control of My Canberra Handyman will be added to the invoice. Materials will be subject to clause 2.4 and 2.5 and extra time (labour charge will be calculated at standard My Canberra Handyman hourly rates). Payment or deposits for all variations must be made in full at their time of being due and agreed on by the customer.
2.4 Prices of any materials purchased by My Canberra Handyman or incurred fees shall be marked up by 20% or My Canberra Handyman includes mark ups great than 20% shall be to cover any unforseen difficulties and or vehicle running costs, time, and variations from suppliers.
2.5 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3. GOODS AND SERVICES TAX [GST]:
3.1 All monies payable to My Canberra Handyman and any other consideration for any other “taxable supply” (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated legislation as amended from time to time) shall unless My Canberra Handyman otherwise directs be deemed at all times to be exclusive of GST and/or any other applicable taxes, government charges, levies and/or imposts of any kind whatsoever – any and all of which must be paid by the Customer to My Canberra Handyman as and when and in such manner as My Canberra Handyman reasonably requires.
4.DEFAULT AND CONSEQUENCES OF DEFAULT
4.1 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify My Canberra Handyman from and against all costs and disbursements incurred by My Canberra Handyman in recovering or attempting to recover the debt including legal costs on a solicitor My Canberra Handyman’s Debt collection agency costs on a full indemnity basis.
4.2 Interest on overdue invoices shall accrue daily seven days from the date when payment becomes due, until the date of payment, at a rate of two and a half precent (2.5%) per daily (and at My Canberra Handyman’s sole discretion such interest shall compound daily at such a rate) after as well as before any judgment.
4.3 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by My Canberra Handyman.
4.4 Without prejudice to any other remedies My Canberra Handyman may have, if at any time the Customer is in breach of any obligation (including those relating to payment) My Canberra Handyman may suspend or terminate the supply of Materials to the Customer and any of its other obligations under the terms and conditions. My Canberra Handyman will not be liable to the Customer for any loss or damage the Customer suffers because My Canberra Handyman has exercised its rights under this clause.
5.1 The Customer acknowledges that Materials (including but not limited to paint, timber, tiles & concrete) supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour, over time. My Canberra Handyman will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
5.2 My Canberra Handyman shall not be at all liable what so ever for any movement for ground soil, or bending, twisting, rusting, cracking, rotting, water damage, scratching, moving, loosening of any of the materials My Canberra Handyman Installs, repairs, constructs, adjusts, assembles that the customer has not taken reasonable steps to prevent.
5.3 Under no circumstances will My Canberra Handyman handle removal of asbestos product. And the Customer must notify My Canberra Handyman of any known asbestos product.
5.4 Tiles and pavers are not guaranteed against crazing, cracking, chipping or scratching.
5.5 My Canberra Handyman is not responsible for the removal of rubbish from or clean-up of the building/constructions site/s. This is the responsibility of the Customer or the Customer’s agent, unless otherwise agreed between My Canberra Handyman and the Customer at the time of quotation or in writing.
6.1 My Canberra Handyman will retain title to (but not risk in) Goods delivered to the Customer or installed on behalf of the Customer until the My Canberra Handyman has received payment in full for them and all other sums owing to it by the Customer.
6.2 My Canberra Handyman’s right to retain title does not affect its rights as an unpaid My Canberra Handyman.
6.3 Receipt by My Canberra Handyman of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then My Canberra Handyman’s ownership or rights in respect of the Materials shall continue.
7.1 My Canberra Handyman may (at their sole discretion) accept the return of Materials for credit, but this may incur a handling fee of up to thirty-five precent (35%) of the value of the returned Materials plus any time (Labour ) to deliver the materials at My Canberra Handyman Hourly rates .
7.2 Returns will only be accepted provided that:
(a) The Customer has complied with the provisions of clause 2.2; and
(b) My Canberra Handyman has agreed in writing to accept the return of the Materials; and
(c) The Materials are returned at the Customer’s cost within seven (7) days of the delivery date; and
(d) My Canberra Handyman will not be liable for Materials which have not been stored or used in a proper manner; and
(e) The Materials are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
7.3 Non-stockist items or Materials made to the Customer’s specifications are under no circumstances acceptable for credit or return.
8.1 For Materials not manufactured by My Canberra Handyman, the warranty shall be the current warranty provided by the manufacturer of the Materials. My Canberra Handyman shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.
8.2 To the extent permitted by statute, no warranty is given by My Canberra Handyman as to the quality or suitability of the Materials for any purpose and any implied warranty, is expressly excluded. My Canberra Handyman shall not be responsible for any loss or damage to the Materials, or caused by the Materials, or any part thereof however arising from the customer
9. COMPLIANCE WITH LAWS
9.1 The Customer and My Canberra Handyman shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
9.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for any Services My Canberra Handyman is engaged for.
10.1 My Canberra Handyman may cancel any contract to which these terms and conditions apply or cancel delivery of Materials at any time before the Materials are delivered by giving written notice to the Customer. On giving such notice My Canberra Handyman shall repay to the Customer any sums paid in respect of the Price.
10.2 My Canberra Handyman shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.3 In the event that the Customer cancels delivery of Materials the Customer shall be liable for any loss incurred by My Canberra Handyman (including, but not limited to, any loss of profits) up to the time of cancellation.
10.4 These terms and conditions do not affect the rights, entitlements and remedies compulsorily conferred on the Customer under the Trade Practices Act 1974 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
10.5 In the event that liability cannot be excluded, to the fullest extent permitted by law, My Canberra Handyman’s liability to the Customer shall be restricted at My Canberra Handyman option to a refund of the invoiced amounts, or replacement of the services .
11.1 If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.