Terms & Conditions of Service
This contract is between Honestas Pty Ltd ACN 167567802 ("Mr Blastit") and you. By booking any service through Mr Blastit you agree to be bound by these terms.
1. DEFINITIONS AND INTERPRETATIONS
In this document, unless the context otherwise requires:
You means the person making a booking with Mr Blastit and includes any person on behalf of whom you are authorised to contract with us and your has a corresponding meaning.
We or us means Mr Blastit and includes our contractors and agents and our has a corresponding meaning.
Work means the products and services provided by us as a result of you making a booking.
Premises means the site where the work is to be carried out
GST means goods and services taxes, consumption taxes or value added taxes that apply at present or in the future in Australia whether imposed by the Commonwealth or a State or Territory of Australia and include GST within the meaning of the GST law.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
GST Law means any law of the Commonwealth or a State or Territory of Australia that imposes a good or services tax and includes the GST Act and any associated legislation including, without limitation, any delegated legislation.
2.1 You agree that Mr Blastit has full discretion over the choice and appointment of the contractor that attends your premises to carry out the Work.
2.2 Except where you have reasonable grounds, if you refuse access to the contractor who has been assigned to complete the Work or are not at the premises at the time our contractors attend your premises to carry out the Work you will be charged the full fee quoted to you at the time of booking.
2.3 If the Work is urgent you must notify us of the timeframes within which the Work is to be completed. While we will use reasonable endeavours to do so, we do not guarantee that we will be able to carry out the Work within those timeframes.
3. QUOTED FEES
3.1 Where we have quoted a fee for carrying out non-urgent Work and the Work subsequently needs to be carried out urgently (through no fault of ours) we may revise our quotation.
3.2 While in most cases our quotations are accurate, it is not possible to provide an accurate quote in every case. We reserve the right to vary our quotation if upon attending your premises we become aware of matters that would have affected our quotation had they been made clear to us at the time of booking. These may include, but are not limited to, matters such as the size of the area is different to originally stated, difficult access, excessive build-up of dirt, hard to remove stains, property dimensions, or other matters that are different to those indicated at the time of booking.
3.3 Quotes obtained by our online price estimate are a price indication only and not a binding quotation. Prices may vary for a range of factors including, but not limited to: additional work and/or chemicals to remove specific stains; actual size of area is larger than area indicated on this form; difficult work environments or poor site access; allowances for waste disposal costs if required; work requested to be done out of normal business hours; need for additional labour (i.e. traffic management).
4. OUR SAFETY
4.1 You warrant:
(a) that the premises are safe and secure at the time we attend to carry out theWork;
(b) that all other occupiers and owners of the premises have given their consent to us carrying out the Work;
(c) that the premises will have mains pressure water supply, electrical power and sufficient lighting at the time we attend to carry out the Work;
(d) that you have drawn our attention to any risk relating to the premises that a reasonable person would have considered.
4.2 We reserve the right to refuse to complete the Work, or any part of it, that would pose an unreasonable danger or risk of injury or loss to ourselves.
4.3 You indemnify us in respect of any personal injury suffered by us or our employees as a result of your breach of the warranties in this clause.
5.1 We guarantee that the Work will be carried out to a reasonable standard, having regard to the standards prevailing in the industry.
You acknowledge that:
(a) once cleaned, a property will almost immediately begin to accumulate dust; and
(b) we have no knowledge or control over how many persons enter and exit the premises in the period after it has been cleaned; and
(c) in many cases, cleaning will not remove all stains or marks present.
(d) most surface treatments must be kept dry during curing time. You are responsible for ensuring surfaces are protected from inclement weather, reticulation and/or any other water sources during the period specified.
5.3 Once we have completed the Work, you must ensure that it is inspected and any defects in performance of the Work notified to us within 24 hours, failing which we are not liable in any way for the Work performed. You acknowledge that this requirement is fair and reasonable having regard to your acknowledgements in clause 5.2.
5.4 Once defects in the Work have been notified to us you must give us or our contractors the reasonable opportunity (no less than 72 hours) to attend the premises and remedy any defective aspects of the Work). You will provide us with access to the premises at reasonable times to carry out such remediation.
5.5 If we do not carry out remediation of defects in the Work within 72 hours (provided that this does not result from a failure by you to provide us with access to the premises) we will provide a refund of 20% of the amount originally quoted.
5.6 You release us from liability in respect of any consequential loss that results from our failure to complete the Work or to rectify any defects and acknowledge that our liability under this contract is limited to the value of the quoted price of the Work.
6.1 You warrant that you hold full comprehensive replacement insurance cover for the premises and any contents.
6.2 Where you assert that there has been damage or loss to the premises or to any items within it you must provide photo evidence of such damage or give us the opportunity to inspect same within 24 hours of the completion of the Work. You acknowledge that your failure to so gives rise to a prima facie assumption that we are not responsible for that damage or loss.
6.3 You warrant that you are the owner of the premises, have the right to occupy the premises or have authorisation from the owner or occupier of the premises at the time the Work is to be conducted and that entry by us onto the premises is authorised and does not constitute trespass.
7.1 You indemnify us in respect of any loss or claim in respect of personal injury or property damage, howsoever occurring, that results from a breach of any warranty in this agreement by you.
8.1 You will make payment in full upon completion of the job and receipt of the invoice. For large jobs part payment will be required upfront or halfway through. Payment via cash or direct debit preferred. Cheque accepted on arrangement.
9. FORCE MAJEURE
9.1 You agree that we are not liable under any circumstances where we are unable to attend at the premises to carry out the Work as a result of any circumstances outside our control.
10.1 A provision of or a right created under this Agreement may not be waived or varied except in writing signed by the Party or Parties to be bound.
10.2 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and contains all of the representations, warranties and agreements of the parties relating to those documents. There are no representations, undertakings or agreements between the Parties, expressed or implied relating to those documents except as are contained or referred to in those documents.
10.3 If requested by another Party, a Party must at his, her or its own expense do everything reasonably necessary to give effect to this Agreement.
10.4 This Agreement is governed by and must be construed in accordance with the laws of the state in which the Work is to be carried out.
10.5 If any provision of this Agreement or its application to any entity or circumstances is or becomes unenforceable, illegal or void the remaining covenants are not affected and each covenant of this Agreement is enforceable to the greatest extent permitted by Law.
10.6 Reference to statutory regulations, ordinances or by-Laws are deemed to extend to all statutory regulations, ordinances or by-laws amending, consolidating or replacing the same.
11. GOODS AND SERVICES TAX
11.1 Unless otherwise specified all amounts stated are exclusive of Goods and Services Tax.
11.2 If a supply under this Agreement is a supply under A New Tax System (Goods and Services Tax) Act 1999 ("GST Act"), you must pay to us in addition to any fee payable under this contract, a further amount equal to those Fees multiplied by the statutory rate of GST (as defined in the GST Act) prevailing at the time of payment.