Agreement means the entire agreement entered into between You and Us, comprising:
– any Quotation We issue You for the Services, as amended or varied if applicable;
– these Terms and Conditions;
– any contract document entered into between Us and You, in respect of the Services (“Contract Document”).
Call Out Fee means
|Weekday (> 7 am – < 5 pm)||$49.00|
|Weekday (> 5 pm – < 8 pm)||$270|
|Weekday (> 8 pm – < 7 am||$370|
|Saturday (> 7 am – < 5 pm)||$270|
|Sat (> 5 pm – < 9 am)||$370|
Claims means all manner of actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest verdicts and, judgments whatsoever both at law, or in equity or arising under the provisions of statute, known or unknown, and any claim for direct or consequential loss.
Fee means the remuneration for the Services described in Our Quotation.
Services means the works described in our Quotation.
We/Us/Our means Sewer Surgeon Pty Ltd ACN 607 646 293 / the possessive noun thereof (as the context requires).
You/ Your means the party to whom We provide our Quotation and or form an Agreement with / the possessive noun thereof (as the context requires).
We will provide You the Services pursuant to an in accordance with this Agreement.
(a) As described in Our Quotation.
(a) We may revoke, withdraw or vary our Quotation at any time prior to You accepting it in writing.
(b) If You request us to attend Your property to inspect and/or to prepare a Quotation then upon Your request, You undertake to pay the applicable Call Out Fee.
(a) Subject to the below term 4.b. and c, We will complete the Services by the Completion Date stipulated in our Contract Document.
(b) In the event that completion of the Services is delayed for reason beyond Our control, then You agree to an extension of the time for completion, to a reasonable time after the time stipulated in the Contract Document.
(c) For the avoidance of doubt:
i. We will make all reasonable endeavours to complete the Services in as timely a manner as practicable.
ii. The Services will be deemed complete when they are reasonably able to be used for their intended purpose/s.
(a) Except for the situation whereby (in Our reasonable assessment) an urgent need arises for Us to complete additional Services and/or works for You, any variation to the scope of Services must be in writing and signed.
(b) You agree to pay Us reasonable remuneration for any additional works/ Services We may render in an urgent/ emergency situation.
(c) In the event You seek to vary this Agreement by reducing the scope of Services, We reserve the right to reduce Our Fee proportionately, making allowance for what would otherwise have been Our profit margin and overheads margin of the Fee.
(a) We will, within a reasonable time of being notified by You, make good any defects in the Services.
(a) You will, within 3 calendar days’ of receipt of an invoice from Us for the Services, render payment in full of that amount.
(a) You agree there will be no set-off or withholding of any part of the Fee and that instead, if you have a Claim against Us you will notify us of that Claim and we will endeavour to resolve that separately to Your payment obligation under this Agreement.
(a) If You default in paying the Fee or any portion thereof strictly on time, or if You become bankrupt or commit an act of insolvency or have a liquidator appointed, or if You unreasonably interfere with or delay or prevent Us from completing the Services, then:
i. this Agreement terminates immediately.
ii. Any unpaid portion of the Fee becomes a debt immediately due and payable and provable in bankruptcy.
iii. We may immediately suspend all Services. In which case:
1.You indemnify Us and hold us blameless for any loss or damage You suffer as a result.
iv. You agree to pay Our reasonably incurred recovery costs (which may include legal or other professional fees and disbursements) on an indemnity basis.
v. You will pay Us:
1. a monthly administration fee of 2% on all unpaid Fees; and
2. daily interest at a rate of 10% p.a. on any unpaid Fee.
vi. You authorise Us to enter onto Your property to repossess any Goods we may have supplied to You or on Your behalf, in connection with Our provision of or anticipated provision of the Services.
(a) To the extent permitted by law, You indemnify Us and hold Us harmless from and against all Claims arising from any loss, damage, and liability including to a third party, arising out of or in connection with Your default of this Agreement.
(a) You must ensure We have adequate and safe access to the property at which the Services are to be rendered, including for us to inspect the property if required and to complete the Services.
(b) In the event that there is not proper access to Your property at a time that has been agreed for commencement of the Services, You agree that without prejudice to Our rights under this Agreement, We may postpone this Agreement until access has been granted and if We are unable to reasonably accommodate another time for working on the Services, We reserve the right to terminate this Agreement and You agree to pay Us the amounts referred to below at clauses 11.a.i and ii.
(a) In the event You advise Us that You wish to cancel this Agreement prior to Us commencing the Services, you agree:
i. To reimburse Us for any amount We have incurred in the purchase of or commitment to purchase of any goods or services in connection with the Services;
ii. To pay the applicable Call Out Fee.
(a) Where our Services relate to clearing of a blockage or repairing a pipe, We do not warrant that there will be no reoccurrence of the underlying problem.
Where applicable, We give You warranties in accordance with the Home Building Act NSW 1989, as follows:
(a) that the work will be done with due care and skill and in accordance with the plans and specifications set out in the contract,
(b) that all materials supplied by the holder or person will be good and suitable for the purpose for which they are used and that, unless otherwise stated in the contract, those materials will be new,
(c) that the work will be done in accordance with, and will comply with, this or any other law,
(d) that the work will be done with due diligence and within the time stipulated in the contract, or if no time is stipulated, within a reasonable time,
(e) that, if the work consists of the construction of a dwelling, the making of alterations or additions to a dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling,
(f) that the work and any materials used in doing the work will be reasonably fit for the specified purpose or result, if the person for whom the work is done expressly makes known to the holder of the contractor licence or person required to hold a contractor licence, or another person with express or apparent authority to enter into or vary contractual arrangements on behalf of the holder or person, the particular purpose for which the work is required or the result that the owner desires the work to achieve, so as to show that the owner relies on the holder’s or person’s skill and judgment.
(a) You warrant, in respect of the property at which Our Services are to be rendered:
i. You have a right to occupy the property;
ii. You have and maintain adequate property damage insurance cover.
iii. All information You provide Us for the purposes of or in connection with Our Quotation is true, correct, reliable.
vi. You have read and understand and agree to be bound by all the terms of this Agreement.
(a) Legal and equitable title in any goods supplied by or on behalf of Us to or for or to the benefit of You is retained by Us (“Goods”) until all Our Fee has been paid.
(b) Until title in the Goods passes to You, You hold those Goods as bailee and fiduciary agent of Us.
(a) No Reliance
i. You agree that in entering into this Agreement You have not relied on any prior representation made by Us that is not specifically contained within this Agreement.
i. The laws of New South Wales apply to this Agreement.
i. Any notices that We require to give You under this Agreement are to be sent to any residential address or email address You provided Us.
i. If any clause of this Agreement is or becomes unenforceable, it is to be severed to the extent possible and the remaining clauses remain unaffected.
i. No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(f) Force Majeure
i. Neither We nor You have any liability under or may be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party.
ii. The party affected by these circumstances must promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so
iii. If such circumstances continue for a continuous period of more than 3 months’, either party may terminate this Agreement by 28 days’ written notice to the other party.