Karma Bond Cleaning
TERMS AND CONDITIONS
1. QUOTED FEES
1.1 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.
1.2 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 difficult access, excessive build-up of dirt, property dimensions or other matters that are different to those indicated at the time of booking.
1.3 Where we intend to revise our quotation, we will advise you of the new price quoted prior to commencement of the Work.
2. OUR SAFETY
2.1 You warrant:
(a) that the premises are safe and secure at the time we attend to carry out the Work;
(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 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.
2.2 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.
2.3 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.
3.1 We guarantee that the Work will be carried out to a reasonable standard, having regard to the standards prevailing in the industry.
3.2 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 (particularly in carpets, walls, ovens, bathrooms and blinds).
3.3 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 48 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 3.2.
3.4 Once defects in the Work have been notified to us you must give us 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.
3.5 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.
4.1 You warrant that you hold full comprehensive replacement insurance cover for the premises and any contents.
4.2 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.
4.3 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.
5.1 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.
6.1 You will pay us at the time our employee attends the premises and before completion of the Work. We accept cash, cash deposits or bank transfer 24 hours prior, in payment for our services.
7. FORCE MAJEURE
7.1 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.
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
9. GOODS AND SERVICES TAX
9.1 Unless otherwise specified all amounts stated are inclusive of Goods and Services Tax.
9.2 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 sale.