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1. Definitions
In the following terms and conditions:
1.1. The recipient of the QUOTE or invoice is referred to as the “BUYER.”
1.2. Any quotation given by the COMPANY in accordance with these terms and conditions is referred to as a “QUOTE.”
1.3. “SITE” refers to the site where the work will be done.
1.4. “COMPANY” refers to HolyMess Repairs (ACN) and/or its affiliates, representatives, or staff.
2. Payment
2.1 Unless otherwise stated in the QUOTE, all work is performed for a flat rate fee. The cost includes labour, supplies, GST, as well as additional related administrative expenses. The COMPANY’s standard terms and conditions of service, which are an essential component of your Quote, apply to all quoted works by the COMPANY. Prior to engaging the COMPANY, it is the BUYER’s entire obligation to carefully read the Terms and Conditions by clicking on the link provided in the Quote and/or to get legal counsel as needed.
After more than thirty (30) days have passed since the initial invoice was given, an invoice breakdown of the QUOTE work/price will not be provided.
2.2 For any reason, including but not limited to liquidated damages, fines, or back charges imposed by the BUYER or other parties, no deductions shall be made from any amount owed to the COMPANY. A serious breach of the terms and conditions of this agreement is defined as any payment that isn’t made within two (2) days of the due date. The COMPANY reserves the right to immediately discontinue the work and this agreement in the event of non-payment. The COMPANY shall be entitled to all of its costs expended, including labour and materials, as well as its overhead costs and all profits it would have realised had this agreement been properly fulfilled, in the case of such termination for non-payment. Additionally, the COMPANY shall be eligible for any other legal remedies.
2.3 Any payment made under this agreement on account is considered acceptance of the work done by the COMPANY for which the payment was made.
2.4 All payments must be made upon completion of the accepted works. Any unpaid balance after the completion date will incur a $25 monthly administrative fee, along with a 10% monthly interest charge on the unpaid principal balance.
2.5 Unless otherwise agreed in writing by the COMPANY, full payment for any work rendered by the COMPANY is payable immediately (C.O.D.).
2.6 A 1.77% surcharge fee will be applied to all credit card payments.
2.7 At the following stages of the work, minimum progress payments are needed for all projects costing more than $500:
Stage 1: 50% upon acceptance of a quote to cover pre-job administrative, regulatory, and compliance costs as well as the cost of the material/parts and equipment hire.
Stage 2: 30% when the job first starts.
Stage 3: 10% halfway through the job
Stage 4: 10% at completion of the job
Prior to any work starting on SITE, the COMPANY must receive full payment for all commodities that it supplies that are special orders for the BUYER.
2.8 The BUYER understands that if the Price, an instalment, or a progress payment is not made by the due date, the COMPANY may stop working, stop the work, or refuse to release the goods. Payment by the BUYER will only be acknowledged by the COMPANY once cleared funds have been deposited into the COMPANY’s bank account or after the clearance of submitted check(s) for payment.
2.9 Any deviation from the schedule of works, specifications, or extra work that the COMPANY may not have reasonably foreseen for the performance of the Goods and Services may be invoiced as a variation (Variation). When a variation is necessary:
(a) A quote for the variation will be given to the BUYER by the COMPANY before the variation is started, and the BUYER must let the COMPANY know as soon as possible but no later than five (5) days after receiving the variation request if they accept the variation.
(b) The COMPANY is not required to carry out the Variation if the BUYER does not accept it within the five-day window. If the BUYER accepts the variation, the BUYER is responsible for covering the variation’s costs in accordance with the variation QUOTE given.
2.10 If the BUYER does not approve the Variation and the COMPANY cannot reasonably continue with the Services without carrying out the works suggested under the Variation, the COMPANY may cancel this Contract without incurring any costs to the BUYER.
2.11. The BUYER is aware that the COMPANY might need to perform emergency works to prevent property damage or personal injury. In these cases, the COMPANY won’t be required to provide a QUOTE prior to beginning the works covered by the Variation, and the BUYER will be responsible for covering the reasonable costs and expenses associated with an emergency Variation.
2.12. Without the COMPANY’s prior written consent, the BUYER is not permitted to deduct any amount from the Price (including, but not limited to, for any set-off or counterclaim).
2.13. If the BUYER damages any of the COMPANY’s materials or equipment while it is on the SITE, the BUYER is responsible for compensating the COMPANY. After the COMPANY issues an invoice for the expenditures, the BUYER has five (5) days to pay for the damage.
2.14. For the purpose of establishing its respective security interest under this agreement, the COMPANY may lodge and maintain a Caveat over the Property and any Sale Lot in support of the COMPANY’s claim, and the BUYER hereby irrevocably consents to this. All payments that are due or may be due and payable under this agreement are charged to the BUYER’s interest in the Site.
3. Notification of flawed work
3.1. The BUYER agrees to inspect the work carefully for poor craftsmanship and materials after it has been finished. The BUYER agrees to report any and all deficiencies to the COMPANY within forty-eight (48) hours of the work’s completion.
3.2. The BUYER consents to notify the COMPANY in writing right away if any allegedly flawed work is discovered. The COMPANY will be given the first chance to fix the allegedly flawed work as required by consumer law. All guarantees, express or implied, under this agreement will be nullified if the COMPANY is not given the first chance to fix the allegedly defective work, and the COMPANY will be released from all obligations to the BUYER. The BUYER acknowledges and accepts that they are not permitted to withhold payments for supposedly flawed works. Reimbursement for work done by another COMPANY or individual is not the COMPANY’s responsibility.
3.3. Any guarantees in relation to the work completed by the COMPANY shall be null and void in the event that the BUYER seeks to alter the work themselves or hires a third party to do any work that affects the services performed by the COMPANY.
4. Non-covered services
4.1. The QUOTE includes details about the nature and extent of the job that the COMPANY will be performing.
4.2. Even if such works are incidental or necessary for the completion of the contracted work, or necessary to restore the SITE after the contracted work is performed, the COMPANY will not perform any other work or trade than that which is specified in the QUOTE or later agreed to in writing by the BUYER and the COMPANY.
5. Range of the Agreement
5.1. All earlier discussions, assurances, or agreements—whether oral or written—between the BUYER and the COMPANY are superseded by these terms and conditions, which also include the QUOTE. Only a formal offer from the COMPANY and approval by the BUYER will allow this agreement to be changed. This document binds all parties signing as “BUYER,” as well as their heirs, successors, and assigns, jointly and severally.
5.2. The COMPANY also asserts that other service providers might be able to complete the contracted task for less money, and the BUYER agrees with this. The BUYER is aware that, before to signing this contract, he or she has the option of obtaining additional QUOTES. The COMPANY is not required to change its price in response to other QUOTES. After the BUYER has approved this agreement, the COMPANY will not renegotiate the price.
5.3. The BUYER recognises and accepts that the COMPANY shall be entitled to the following payments from the Stage 1 payment:
(a) The price of any goods and services previously rendered by the COMPANY, including but not limited to any materials and items bought or equipment hired by the COMPANY for use in connection with the goods and services to be delivered; and
(b) The cost of any administrative time, outlays, licences, and preparatory expenditures made by the COMPANY prior to the cancellation date.
6. The advised action was not taken.
The BUYER shall defend and hold the COMPANY harmless for any loss, claims, or damages incurred or alleged to have been incurred by the BUYER’s failure to accept any such option or recommendation if the COMPANY has made any recommendations for the repair or replacement of any item, or suggested options which in its opinion would improve the performance or extend the life of the item or the contracted work.
7. Extermination
If the COMPANY determines that there is a serious rodent or pest problem on the SITE, the COMPANY has the authority to stop operations. Any type of rodent or pest extermination shall be the full obligation of the BUYER. The COMPANY is not required to resume work until it believes that the rodent or pest issue has been rectified.
8. Subcontractors
For any portion of the contracted work, any additional work, or agreed-upon additional work, the COMPANY reserves the right to use subcontractors. The BUYER agrees that the COMPANY may disclose to any subcontractor it hires to carry out the work under this agreement any information or documents the BUYER has submitted to the COMPANY.
9. current plumbing
9.1. The COMPANY makes no express or implied warranties regarding any current plumbing systems, pipes, or fixtures. Additionally, the BUYER is aware that due to the state of deterioration of existing pipes and/or the location of the existing pipe, connections to existing plumbing can occasionally be challenging. As a result, the BUYER agrees to cover any additional costs brought on by the state of existing pipework that are required to complete the QUOTE works.
9.2. The BUYER thus understands that worn-out and damaged plumbing equipment, piping, and accessories might no longer be functional. In this situation, the BUYER hereby agrees to indemnify and hold the COMPANY harmless from any and all liability for damages to those items or any damages occurring from conventional repair efforts.
10. Rubbish
The BUYER is solely responsible for clearing up all trash and debris from the site before the commencement of the work, however the COMPANY is required to leave the site tidy and spotless. Unless otherwise stated in the QUOTE, the COMPANY will remove and dispose all old parts from the SITE. Prior to the SITE being cleared by the COMPANY, payment of at least 90% of the QUOTES price is required.
11. Routing
Pipe routeing and location, unless otherwise indicated in the QUOTE, shall be left to the COMPANY’s sole discretion.
12. Site circumstances
12.1. In the event that the COMPANY needs to enter another person’s property in the course of the contracted work, the BUYER shall obtain permission for such entry and hold the COMPANY and its employees and agents harmless, defend, and indemnify them against all claims and consequences arising from or related to the use of said property, including but not limited to damage done in the normal course of work, as well as pay any associated legal fees.
12.2. During and after the contracted work is completed, the BUYER shall be responsible for securing, removing, and protecting all property and contents. The BUYER shall also hold the COMPANY, its employees, and agents harmless, defend them, and pay any associated legal costs, from any claims resulting from the BUYER’S failure to do so.
12.3. Unless otherwise specified in writing, the BUYER is responsible for providing water, gas, sewer, and electrical utilities as needed. Prior to the start of the agreed work, the BUYER agrees to supply the COMPANY with limitless electricity and water within 30 metres of the SITE.
13. A shorter warranty
13.1. In accordance with the applicable application law in the state where the works have been performed, the BUYER will be entitled to warranty for completed works. This guarantee does not apply to problems brought on by abuse, negligence, or harm from the BUYER, other people, or natural disasters, including but not limited to, fire, storms, floods, and earthquakes.
13.2. By contacting the COMPANY, requesting the Warranty Form, and completing it, the BUYER may make a warranty claim. Priority will be given to processing the work order, and the COMPANY will go to the SITE as soon as is practical. Your credit card will be debited for the initial service call when you make the reservation. The fee will be reimbursed if the problem is determined to be covered by a warranty. The initial payment will be applied, and there will be an extra charge for parts and any additional labour as per the supplied QUOTE if the problem is determined to be out of warranty.
For calls that aren’t warrantied, our metropolitan service charges are as follows:
13.3. If it is decided that a problem is not covered by the warranty, the COMPANY can only provide a quote to fix the problem; the BUYER must let the COMPANY know if they accept the quote.
13.4. The manufacturer’s or supplier’s warranties, if any, will apply to any materials that the COMPANY supplies. In addition to the manufacturer’s warranties, the COMPANY does not offer any other guarantees. Such warranties will be left with their respective manufacturers by the COMPANY.
13.5. Reinstalling fixtures or supplies that are covered by manufacturer’s warranties won’t be covered by the COMPANY’s insurance.
13.6. If payment is not paid when due, all warranties become null and invalid. It is essential to enter your legal name for Warranty purposes because Warranties are exclusive to the BUYER and are not transferrable.
13.7. The BUYER shall notify the COMPANY in writing or by email of any prospective warranty claim in order to minimise damages. Any and all express and/or implied warranties offered by the COMPANY will be invalid if the BUYER fails to notify the COMPANY of any potential warranty claim within a reasonable amount of time. Between the hours of 8 a.m. and 3 p.m., Monday through Friday, excluding public holidays, the COMPANY will reply with acceptable promptness.
13.8. The COMPANY shall not be responsible for any water damage or other losses resulting from any defect or failure to honour said guarantee. When necessary, the BUYER must phone their local fire department or the SES to turn off the water and/or pump out any standing water in order to minimise damage.
13.9. Despite the foregoing, the COMPANY will not visit the SITE to address any problems relating to the warranty stated above until all unpaid invoices have been received.
14. Restrictions on liability
14.1. The cost of redoing the works specified in the QUOTE constitutes the sole and exclusive maximum obligation of the COMPANY to the BUYER or any third party.
14.2. Regardless of whether the problem is covered by this limited warranty, the COMPANY shall not be liable for any incidental, special, exemplary, indirect, or consequential damages resulting from or in connection with any work performed, or any damage or problem caused. The only available remedies to the BUYER are the right to repair or replacement.
14.3. The warranties outlined in this clause shall take effect after the contracted work has been completed substantially, or after any individual phase of the work has been completed, and not after acceptance or inspection by any person or entity. Nothing in this clause should be interpreted as extending the duration of any warranties offered here.
14.4. Any materials supplied by the BUYER are not warranted by the COMPANY.
14.5. Except as clearly indicated in the QUOTE by the COMPANY, there is no warranty on drain cleaning. If a warranty is offered and accepted by the COMPANY, only that warranty would apply to the drain cleaning services quoted.
15. Examination of the drain cleaning
15.1. If any tool, drain cleaning cable, water jetting hose, or other equipment of the COMPANY becomes stuck in a drainage line while the COMPANY is carrying out the contracted work, the BUYER will hold the COMPANY harmless and be solely responsible for any damage or expense incurred to remove, restore, repair, or replace its premises and/or any portion thereof, as well as the damaged equipment of the COMPANY.
15.2. The cost of cleanup in the event of a sewage spill, especially one that is declared hazardous, is entirely the BUYER’s obligation.
15.3. If not specifically indicated differently, the removal of a tree root growth or blockage alone cannot guarantee that problems of the same nature won’t arise again.
16. Locating electronically
16.1. The BUYER is aware that electronic locating is not always precise and that there are aspects of this process that may result in erroneous readings. As a result, the BUYER agrees to indemnify the COMPANY against any claim, loss, or damage brought on by this process.
16.2. The BUYER further acknowledges that any line discovered by the COMPANY will only be exposed by manual excavation methods, and its precise location will be confirmed before any layout or work of any kind is carried out.
17. Provision of Goods and Services
17.1. Deliveries of goods and services must be made to the designated address listed in the order by the BUYER.
17.2. The BUYER shall be liable for:
(a) getting all approvals, including those from the Body Corporate if the property is a part of a strata plan, and making all necessary arrangements to grant the COMPANY access to the SITE where the Goods and Services are to be supplied and rendered.
(b) giving the COMPANY full information about any legal limitations or approvals that may have an impact on how the COMPANY delivers the goods or provides the services; and
(c) removing any furniture or other items that may obstruct access to the SITE where the Services are to be performed or where the Goods will be delivered so that the COMPANY’s employees and contractors can deliver the Goods safely and in a reasonable manner (the BUYER accepts full responsibility for any loss or damage caused by the BUYER failing to take reasonable action to minimise the risk of damage).
17.3. Any time or date specified by the COMPANY for the performance, delivery, despatch, or arrival of the Goods or the performance of the Services is simply an estimate and is not a term or condition of the Contract or these Terms and Conditions.
17.4. Despite the fact that any such cause may have existed at the time of entering the Contract or accepting an Order, the COMPANY is not responsible for the effects of any delay resulting from any cause without its reasonable control. In certain situations, the COMPANY may, without incurring any liability, reasonably extend the time for performance, delivery, despatch or arrival of the Goods or performance of the Services, or cancel the Contract.
17.5. Time is not of the essence of the Contract when it comes to the performance, delivery, despatch, or arrival of the Goods or the performance of the Services, and the BUYER cannot cancel the Contract in the event that the COMPANY is unable to deliver the Goods or perform the Services by the scheduled date.
17.6. These Terms and Conditions apply to each partial delivery and instalment, unless otherwise specified in writing. The COMPANY may make any partial deliveries of the Goods or performance of the Services, by instalments in any quantities the COMPANY may set. Each component or instalment is regarded as being sold under a different Contract that includes these Terms and Conditions.
17.7. Before the goods are delivered, the COMPANY may give written notice to the BUYER cancelling the delivery of any Goods or Services. The COMPANY is not responsible for any damages or losses resulting from such cancellation.
18. Change in Title
18.1. Until the COMPANY has received complete payment for the Goods and any other sums owed by the BUYER to the COMPANY, title to the Goods remains with the COMPANY.
18.2. The BUYER must hold the products until title in them passes in a fiduciary capacity as bailee for the COMPANY, keep them apart from all other items in its possession, label them clearly as the COMPANY’s property, and hand them back to the COMPANY upon request. The COMPANY may, without prior warning, enter the BUYER’s premises to retrieve the Goods if the BUYER fails to deliver up the Goods.
18.3. Until the BUYER has acquired title to the Goods, the BUYER may not deal with or dispose of the Goods.
19. Risk
19.1. When the COMPANY informs the BUYER that the goods or services are ready for pickup or delivery, the goods or services are provided to the BUYER at the BUYER’s own risk. Despite the possibility that the title will stay with the COMPANY, the BUYER is responsible for ensuring the Goods from this date forwards at their full value; the COMPANY is under no obligation to do so.
19.2. The BUYER is responsible for maintaining the goods in the same state as when they were delivered and covering any damage or deterioration while they are in their possession until the title in the goods has passed.
20. Warranty and Return of Defective Goods
20.1. The COMPANY will accept a return of defective goods from the BUYER if the following conditions are met, in addition to any other rights the BUYER may have under the Australian Consumer Law and subject to any other rights the COMPANY may have under the Australian Consumer Law or otherwise:
(a) The BUYER notifies the COMPANY of any alleged fault, shortage in quantity, damage, or failure to comply with the QUOTE within seven (7) days after receiving the Goods.
(b) the items are undamaged and in the same condition as when they were delivered to the BUYER, including the packing; and
(c) The BUYER returns the goods to the COMPANY within fourteen (14) days after their delivery, including the date of presumed delivery, but only after receiving express written permission from the COMPANY to do so.
20.2. The Goods shall be conclusively presumed to be in compliance with the conditions of the Order and free from any defect, damage, or deficiency in quantity if the BUYER does not comply with the terms of article 20.1. above.
20.3. When defective goods are returned to the COMPANY in strict compliance with the terms of article 20.1. above, the COMPANY may, in its sole discretion:
(a) offer a replacement for the goods; or
(b) reimburse all or a portion of the purchase price to the BUYER if only a portion of the delivered goods is flawed.
20.4. The COMPANY may, in its sole discretion, accept the return of goods that are not faulty or damaged in any way. However, the COMPANY will impose a 20% handling fee, a 30% restocking fee, as well as the transport and freight charges incurred by the COMPANY.
20.5. Subject to any provisions outlined in the Australian Consumer Law, the only warranty provided by the COMPANY shall be the warranty received from the manufacturer if the goods and services it supplies have a manufacturer’s warranty. The COMPANY shall not be required to provide any warranty in excess of the manufacturer’s warranty.
20.6. The COMPANY guarantees that any goods or services it provides will be free from defects, suitable for the intended use, and carried out in a decent and workmanlike manner even if they do not come with a manufacturer’s warranty. Under no circumstances will the COMPANY be accountable to the BUYER for any liability, indirect or consequential losses or damages. Instead, in the event that the COMPANY breaches this warranty, it will only be responsible for replacing the Goods and Services or refunding the Purchase Price.
20.7. If the COMPANY’s Goods or Services have a defect, the BUYER acknowledges and agrees that it is his or her responsibility to report the alleged defect to the COMPANY, give it a reasonable opportunity to inspect the alleged defect, and, if the COMPANY agrees that the Goods or Services are defective, give it a reasonable opportunity to return and fix the agreed-upon defective Goods or Services. The COMPANY shall only be responsible for the repair and/or replacement of the original Goods or Services given and shall not be responsible for any charges or expenses for any parts, materials, items, or goods located within the area of the defective works.
20.8. The COMPANY will make good any loss or damage to the work or property of the BUYER directly caused by the COMPANY or the COMPANY’s employees, agents, or subcontractors. Such repair or replacement work will be limited to the damaged area only and is on a like for like basis, not new for old, and will not result in a waiver of the COMPANY’s rights under this Contract.
21. Unexpected circumstances
21.1. The BUYER agrees to accept responsibility for any conditions and/or circumstances that, in the COMPANY’s discretion, are (1) concerning physical conditions, or (2) unknown physical conditions of an unusual nature, which differ materially from what is visually ascertained, at the SITE. The BUYER also agrees to pay for any labour or materials, including repair of damaged equipment.
21.2. unanticipated excavation
(a) The chance of coming across unforeseen subsoil conditions, such as rock, clay, shale, sinkholes, etc., exists when excavating underground. The COMPANY will make reasonable attempts to identify or anticipate such conditions, but no express or implied promise is offered on what may be found or experienced during subterranean excavation.
b) Any unfavourable excavation conditions that occur will necessitate additional work, which will be paid at time and materials in addition to the price listed on the QUOTE. By agreeing to this agreement, the BUYER accepts any potential additional costs, which could include hiring outside help when the COMPANY deems it essential.
21.3. unanticipated service cables and lines
(a) When digging, it’s possible to run onto unanticipated service wires and cables that pass through the SITE. The COMPANY will make reasonable attempts to locate or anticipate such service lines and cables, but no express or implied guarantee is offered regarding what will be found or encountered when digging.
(b) The BUYER consents to take liability for any damage to the service lines or cables caused by the COMPANY and further consents to pay for any labour or materials needed to repair the damage.
21.4. Warm works:
(a) There is a chance that hot operations, such as welding and grinding, could trigger fire alarms on the SITE. Although the BUYER is responsible for turning off the alarms and/or notifying the appropriate fire authorities that hot work is being done in order to save call-out expenses, the COMPANY will make reasonable measures to prevent this from happening. Any call-out fees incurred are the responsibility of the BUYER. The purpose of this clause is to hold the BUYER liable for everything:
(i) unanticipated and covert circumstances; and
(ii) for circumstances that the COMPANY cannot predict or exert control over. In light of this, the BUYER further agrees to hold the COMPANY harmless and to indemnify and defend the COMPANY and all of its agents and employees from and against all claims, damages, losses, and expenses, including but not limited to legal fees, consequential damages, arising out of or as a result of the performance of the COMPANY’s work involving, affecting, or related to such unforeseen or concealed conditions, regardless of whether such damages are brought on in whole or in part by the COMPANY, except where the damages arise from the COMPANY’s sole negligence.
(b) The COMPANY has not conducted any study to determine if asbestos or other hazardous materials or substances are present in any area of the SITE or the BUYER’s property. Removal of asbestos or any other hazardous material or substance is not something the COMPANY does, and it will not be held responsible in any way for any such removal. If it is discovered to exist on the SITE or on the BUYER’S property, the BUYER expressly releases and holds the COMPANY harmless from any and all liability for any claims arising out of its existence, release, remediation, or removal as well as for any costs, losses, or damages the BUYER may incur.
22. Dispute settlement
22.1. The BUYER acknowledges, understands, and agrees to pay for any harm directly brought on by the BUYER’S violation of this agreement, including but not limited to damages for the delay or acceleration of this agreement, office administration fees, court, arbitration, and lien filing fees, collection costs, interest, harm brought on by a loss of operating capital, and all losses associated with seeking redress for the BUYER’S violation of this agreement.
22.2. Both the BUYER and the COMPANY are required to notify the other party in writing if they believe a dispute has developed over any topic covered by this agreement. The Parties agree to attempt initially to solve any dispute arising under, out of or in connection with this Agreement by conducting good faith negotiations. If the Parties are unable to settle the matter between themselves within fourteen (14) days, the parties may refer the dispute for resolution by a third-party jointly agreed upon by the Parties. Either party may refer the case to the Fair-Trading/Small Claims Tribunal if it cannot be settled by a mutually agreed-upon third party or if a third party cannot be jointly agreed-upon within sixty (60) days.
23. BUYER’s Responsibilities
23.1. Except as stated in the QUOTE, the BUYER certifies that all plumbing, drainage, gas fitting, and roofing systems are in good working order and condition. The BUYER also agrees to hold the COMPANY blameless in the event that any defective conditions are found.
23.2. Prior to the COMPANY inspecting the property or performing any repairs, the BUYER must inform the COMPANY as to whether their asset or property is/was fully compliant with the applicable laws, and/or regulations. If the pre-existing structures or materials are non-compliant with the applicable laws, and/or regulations, the COMPANY does not assume responsibility for work/s that are performed before the QUOTE provided and as described in this QUOTE.
23.3. Additionally, should it be necessary, the COMPANY would have access to designs for the site or area of the works before, during, and possibly after they have been completed. If the COMPANY incurs additional expenses as a result of acquiring such papers, those expenses are not covered by the QUOTE and will be charged at the RRP plus a $25.00 administrative fee.
24. A breach and an insolvent BUYER
24.1. The COMPANY may immediately cancel the Contract and any other Contract, agreement, or arrangement with the BUYER without affecting any other claim or right the COMPANY may have in any of the following situations:
(a) The BUYER violates or defaults on its contractual or other commitments to the COMPANY.
(b) The BUYER enters into any negotiations for, or makes, an arrangement or composition with all or any of its creditors.
(c) The BUYER performs a bankruptcy-related act or if a bankruptcy petition is filed against it.
(d) If the BUYER is a corporate entity, the BUYER becomes insolvent, enters liquidation, or if a receiver is appointed for all or a portion of the BUYER’s assets.
(e) The BUYER can’t afford to pay its debts.
(f) The BUYER has threatened to cancel a payment or has already done so; or
(g) Any authorisations, consents, licences, or insurances that the BUYER is required to acquire and maintain are not acquired or preserved in full form and effect.
25. Termination of the Agreement
25.1. This agreement may be terminated by the BUYER prior to the start of the work. The BUYER must compensate the COMPANY for all Goods or Services already ordered or supplied and equipment hired by the COMPANY, including the standard callout fee/assessment fee as specified at the time of booking, as well as for any costs, expenses, or losses incurred (whether direct or indirect) by the COMPANY as a direct result of the cancellation. These costs, expenses, or losses include, but are not limited to: The COMPANY must inform the BUYER of any charges, expenses, or losses incurred within seven days of the cancellation date. The COMPANY is free to deduct and withhold from the Stage 1 Payment a sum representing the calculated costs, expenses, or losses as stated after receiving the information.
25.2. If the BUYER gives the COMPANY instructions to stop working before the work is finished, the BUYER is responsible for paying for any inspections required by the appropriate authority, all work done, materials used, and equipment used up until the time the COMPANY stops working, including any work done after the BUYER’S instructions are given to make the SITE secure in accordance with applicable health and safety laws. The Stage 1 Payment shall be forfeitable by the COMPANY. The BUYER must pay the balance owed to the COMPANY within seven (7) days of receiving written notice of the amount due if the amount outstanding at the time of termination exceeds the amount of the Stage 1 Payment. Within seven (7) days of determining the amount due and owed to it, the COMPANY may return to the BUYER any surplus balance if the amount due is less than the Stage 1 Payment.
26. Additional Exclusions
26.1. The following are excluded from and not a part of this agreement, unless expressly stated differently, including but not limited to rock or shale extraction, backhoe rental, tree removal, shoring, dewatering, authorities’ fees and charges, or any other work not specifically included by this contract.
27. Promotional Communications, Deals & Discounts, and Special Offers
27.1. The BUYER agrees to receive promotional communications regarding the services offered by the COMPANY, new offers, and COMPANY information. The BUYER has the option to stop receiving marketing communications at any time.
27.2. The callout fee charge is not eligible for a percentage discount or money off special offers from the COMPANY; this charge must be paid in full and the discount can only be utilised on goods or services that have already been purchased from the COMPANY.
27.3. When purchasing Goods or Services from the COMPANY, only one discount offer may be used; multiple discounts on the same invoice are not allowed. Coupons and vouchers must be submitted to the plumber at the time of the assessment and cannot be redeemed for cash.
27.4. Advertised set price specials for a service or product are only good for that service or product and do not include the callout fee in effect for that trade at the time of booking.
27.5. Coupons and vouchers are provided solely at the COMPANY’s discretion. Any vouchers offered or digitally marketed via website and social media may be withdrawn, cancelled, altered, or otherwise changed at any moment and without prior notice by the COMPANY.
28. Creating Reports, Filing insurance Claims, and Coordination
28.1. The BUYER recognises that further administrative demands, such as the creation of a thorough work report, requested by the BUYER, his or her Insurance/Body Corporation/Government entities, will be subject to a price of $180.00 in addition to the QUOTE. The COMPANY will not be required to furnish the requested study if the BUYER declines to pay the projected cost of a full analysis. Additionally, the COMPANY maintains the right to ask for upfront payment for the costs associated with creating the thorough report.
28.2. The BUYER understands that the BUYER will be the main point of contact for their insurance, body corporation, and governmental organisations.
28.3. The BUYER understands that further administrative requests from the BUYER’s insurance, body corporation, or governmental agencies will incur a fee of $180.00 that will be charged separately from the QUOTE. The COMPANY will not be required to furnish the requested study if the BUYER declines to pay the projected cost of a full analysis. Additionally, the COMPANY maintains the right to ask for upfront payment for the costs associated with creating the thorough report.
29. Relevant Law
29.1 The state or territory in which the works are performed is the applicable law for this agreement.
Holymess
by Holymess Pty Ltd.
Licence 32176 VIC
Licence 450570C NSW
ABN: 31 666 327 813
