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Terms & Conditions for House Washing, Roof Cleaning, Driveway Cleaning, Gutter Cleaning or High Pressure Cleaning | House Washing Experts in Brisbane

Introduction

House Washing Experts (“Provider”) will perform the Services as described in the Terms for the party sent a quote by House Washing Experts (“Customer”). Information on the services provided by House Washing Experts is available at: https://www.housewashingexperts.com.au/our-services/

Scope

The parties agree that the scope of work is:
House Washing Experts performing all work/s outlined within confirmed quote sent by House Washing Experts.

When the agreement becomes legal

The Agreement will form an agreement between the parties when Customer executes the Agreement.

What will be delivered and when

Subject to the Agreement, Provider will supply Deliverables to Customer in accordance with the Scope.
Customer acknowledges and agrees that certain parts of the Site may be inaccessible to the Deliverables. Customer agrees that the Provider may deem certain parts of the Site unable to be cleaned at its discretion.

Customer responsibilities

Customer agrees and acknowledges that the likelihood of damage to property is reduced significantly if Customer is present during the provision of the Deliverables. If Customer chooses not to be present during the provision of the Deliverables to check during the Deliverables, Customer does so at its own risk.
Customer agrees and acknowledges that it is the sole responsibility of Customer to eliminate all gaps on the exterior of a structure that could allow the omnidirectional spray required for the Deliverables to spray into the interior of a structure.
Customer agrees and acknowledges that only the Provider will provide the Deliverables. Customer agrees that it will not participate in the provision of the Deliverables.

Customer obligations

Customer will cooperate reasonably and in good faith with Provider. In order to fulfil this obligation, Customer agrees without limitation to:

  • perform in a timely manner any tasks reasonably necessary to enable Provider to provide the Deliverables.
  • inform Provider of all matters necessary for it to provide the Deliverables.
  • provide Provider with directions or instructions at Provider’s request.
  • provide Provider with such access to sites, files and data as is necessary to safely deliver and, where required, install the Deliverables provide the Provider with such licences as are necessary to provide the Deliverables deliver any Customer deliverables and other Customer obligations that the parties agree to in writing from time to time and respond in a timely manner to Provider’s inquiries related to the Deliverables.

Information and errors

There may be technical or administrative errors in a quote or other informational materials provided by Provider, including but not limited to errors with respect to product description, pricing and availability. Where Customer makes an order or payment based on erroneous information, Provider may, with notice to Customer, cancel the order and refund any payment made in respect of it.

Timeframes

Any timeframe given by Provider in respect of the delivery of the Deliverables, including in the Scope, is indicative only, and not binding on Provider unless Provider specifies that it is binding in writing.

Changes to Deliverables by Customer

After Customer has directed Provider to provide Deliverables, and prior to the delivery of Deliverables, Customer may only direct Provider to change the Deliverables with Provider’s written agreement.
Customer acknowledges that a change in Deliverables at its direction may result in a change in fees and charges payable to Provider, and in the delivery timetable.

Cancellation

Provider does not offer refunds upon cancellation of delivery of Deliverables by Customer before delivery of Deliverables is complete.

Cancellation fee

If the Customer cancels the delivery of the Deliverables within 24 hours of the appointed time the Provider may charge a $120 cancellation fee.

Non-delivery

Provider reserves the right not to deliver certain Deliverables if the suppliers of the Deliverables to Provider fail to procure the Deliverables.
Provider will provide Customer with written notice of the undelivered Deliverables at the earliest practicable date.
Customer will not be liable to pay for undelivered Deliverables and will be entitled to a refund for amounts paid in respect of those undelivered Deliverables.

Access

If Provider is unable to provide Deliverables because of an act or omission of Customer, including the non-provision of proper access to the Site, the Provider may terminate the Agreement with immediate effect.

Faults in Deliverables

If Customer, acting reasonably, finds the Deliverables to be faulty, Provider agrees to rectify them within a reasonable time at its own expense.

Small deviations from the Scope will not entitle Customer to reject Deliverables.

However, if any such fault is caused by Customer’s direction to change the Deliverables, the rectification shall be at Customer’s expense.

Nothing in this clause affects Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.

Additional work

If Customer requires Provider to do additional work outside the scope of agreed Deliverables Provider may charge Customer for the out of scope work in addition to the Deliverables.
If Provider determines at its sole and absolute discretion that the requirement for any out of scope work is caused by the fault or error of Provider, Customer shall not pay for that additional work.

Timing for payment of the fees

Credit card: Customer will provide the Provider financial information prior to work commencement. Provider will invoice Customer for Deliverables and Customer will be charged the amount due on the invoice immediately after the completion of the Deliverables.
Pre-Payment: Customer will deposit money for the deliverables prior to work commencement.

GST

Customer is responsible for paying all government charges or duties of any kind incurred in or in connection with Provider’s provision of credit, or supply of Deliverables. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.

When payment is deemed to be made

Payment will be deemed to have been made when Provider has received cleared funds in its bank account.

Failure to pay

If Customer fails to pay Provider any amount under the Agreement on the due date for payment, Provider may immediately do any or all of the following, without any liability, until all overdue fees are paid:

  • charge Customer interest on the overdue amount at 5% above the Reserve Bank of Australia cash rate;
  • suspend Customer’s use of any or all of the Deliverables;
  • terminate the Agreement without any obligation to refund Customer any money in respect of the cancellation, even if the contractual term of the Agreement has not expired;
  • initiate proceedings against Customer to recover the overdue amount (despite any dispute resolution clause in the Agreement); and
  • recover all costs in relation to any action taken against Customer to recover overdue amounts, including but not limited to legal costs and outlays on a full indemnity basis.

Provider’s set-off rights

Provider, after having demanded payment of a sum overdue, may apply any payment paid by Customer, against:
Provider’s costs and disbursements in recovering the sum due. any interest accrued or the amount overdue.
Provider may at any time set off any amount Customer owes to Provider against any amount Provider may then owe to Customer.

Exclusion of express warranties

Except as expressly provided in the Agreement, Provider makes no warranties or guarantees that any structure on the Site has been checked for resistance to the omnidirectional spray used for the Deliverables or

Limitations, exclusions and indemnities subject to the law

All limitations, exclusions and indemnities in the Agreement are subject to Non Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by the law.

Exclusion of implied conditions

To the fullest extent available under the law, Provider excludes all implied guarantees, conditions and warranties from the Agreement and the Deliverables, except any Non Excludable Condition.

Limitation of liability

Provider excludes all other liability to Customer for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by Customer in connection with the Agreement or the Deliverables, including in connection with:

  • reliance on the Provider’s advice.
  • technical advice, modelling or calculations provided the Provider.
  • the Customer or its personnel’s failure to follow the Provider’s advice or instructions.
  • the Customer’s failure to provide sufficient access or accurate information for the Provider to provide the Deliverables.
  • failure of any third party component including, without limitation, equipment, materials, tools or power failure.
  • the Customer’s failure to observe proper safety measures and procedures.
  • the delivery, setup and installation of Deliverables.
  • the use, or breakdown of, Equipment.
  • any harm to or claim by a third party in connection with the Deliverables.
  • any personal injury or death arising directly or indirectly in connection with the Agreement.
  • any loss or damage to property arising directly or indirectly in connection with the Agreement.
  • any loss or damage to painted surfaces under the recommended 4 week cure time caused by the Deliverables.
  • any loss or damage to property arising directly or indirectly from water damage caused by the Deliverables.
  • any unauthorised activity in relation to the Deliverables.
  • the Customer’s use of or reliance on the Deliverables for a purpose other than the business purposes of the Customer or the reasonably expected purpose of the Deliverables.
  • any act or omission of the Provider, its personnel or any related body corporate under or in relation to the Agreement.
  • the Provider’s breach of the Agreement.
  • the termination of the Agreement.
  • the Customer’s failure to fulfil its obligations under the Agreement.
  • any delay in the provision of the Deliverables.

The foregoing limitation applies however the Costs are caused whether they arise in contract, tort (including by Provider’s negligence), or under statute.

Operation of compulsory conditions

Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, Provider limits its liability for any breach to:
in the case of goods:
the re-supply of the goods or payment of the cost of the re-supply of the goods. or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods.

in the case of Deliverables:

the re-supply of the Deliverables affected by the breach or the payment of the cost of such re-supply of the Deliverables.

General indemnity

Customer indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Agreement or Customer’s use of the Deliverables.

Specific indemnities

Without limiting the generality of the section entitled “General Indemnity” in the Agreement, Customer indemnifies the Indemnified against any Costs arising directly or indirectly from:

  • the Customer’s breach of the Agreement.
  • the Provider’s enforcement of its rights in connection with the Agreement, including legal costs on a full indemnity basis.
  • any harm to, claim or action by a third party arising directly or indirectly from the Customer’s use of the Deliverables.
  • any personal injury or death arising directly or indirectly out of the Customer’s conduct.
  • any damage to property arising directly or indirectly out of the Customer’s conduct.
  • any negligent or unlawful act or omission by the Customer in connection with the Deliverables.
  • the Provider’s or a third party’s reliance on a misleading representation made by a Customer.
  • a contract in force between the Customer and a third party connected with the Deliverables.

Conditions of indemnity

The Indemnified may make a claim under indemnities in the Agreement in relation to a Cost before having incurred the Cost, or before making a payment in relation to the Cost.
The indemnities in the Agreement shall be in addition to any damages for breach of contract to which Provider may be entitled. Nothing in the indemnities in the Agreement will be construed so as to prevent Provider from claiming damages in relation to Customer’s breach of any term of the Agreement.
Each indemnity in the Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of the Agreement for whatever reason.

Communications

Communications must be in writing.
Either party may serve any Communication on the other party by sending it to that party’s email address. A Communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee’s domain specified in the email address.

Relationship of parties

The relationship of the parties under the Agreement does not form a joint venture, partnership or agency, or create any form of employment relationship. The relationship of Provider and Customer under the Agreement is that of independent contractor and principal. No act or omission of either party is to bind the other party except as expressly set out in the Agreement.

Governing law

The laws of Queensland govern the Agreement. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

Amendment

The Agreement may only be amended by an agreement in writing duly executed by each party.

Boilerplate and interpretation

The parties agree to:
the LawPatch boilerplate terms and the LawPatch interpretation principles.

Definitions

Agreement
mean the legally binding agreement embodied in this document entitled “Terms of Business”.

Australian Consumer Law
means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Communication, Communications
means any written communication including each notice, consent, approval, request and demand) under or in connection with the Agreement.

Consequential Loss
means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Cost, Costs
means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.

Customer
means the party sent a quote by House Washing Experts.

Deliverable, Deliverables
means the Deliverables that the Provider is in the Business of providing.

Indemnified
means Provider and its directors, employees, contractors and agents.

Non Excludable Condition, Non Excludable Conditions
means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Provider
means House Washing Experts.

Scope
means the section of this document entitled “Scope”.

Site
means the geographical location upon which the Deliverables are provided by the Provider.