All companies have their terms and conditions in “small print” - 2 reasons it is small - normally there is pages of it….and quite often they don’t want you to easily read all of it. Please make sure you read, understand and are happy with these before proceeding to engage GCPM’s services.
So in the spirit of transparency (often mentioned but rarely used) here are the Gold Coast Property Maintenance terms and conditions (these will also be on the quote / acceptance form I will ask you to sign.
Miniford Pty Ltd t/a Gold Coast Property Maintenance is an ASIC registered company
Terms and Conditions
By engaging Miniford Pty Ltd (t/a Gold Coast Property Maintenance) to perform services ("Services") and/or supply materials ("Goods"), You("The Customer") agree to be bound by these terms and conditions. Miniford Pty Ltd (t/a Gold Coast Property Maintenance) to be know as GCPM for the remainder of this document.
1. Unless otherwise agreed in writing by GCPM, the Customer must pay the GCPM's invoice(s) for Services and Goods (collectively known as "the works") and other charges at the time of GCPM rendering an invoice(s) to the Customer. The Customer must pay GCPM’s invoices in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising.
2. In the event of the Customer being unsatisfied with GCPM's works, the Customer agrees to allow GCPM an opportunity to rectify the said works. Where the Customer refuses or otherwise prevents GCPM from rectifying the works, to the full extent permitted by law, the liability of GCPM to the Customer for the works shall be extinguished and the Customer will be liable to GCPM for payment in full of the GCPM's invoices.
3. The Customer expressly acknowledges and agrees that it has not relied upon, and GCPM is not liable for any advice given by GCPM, its servants, agents, representatives or employees in relation to the suitability for any purposes of the works.
4. To the full extent permitted by law, all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the works are hereby excluded, and to the full extent permitted by law, GCPM will be under no liability to the Customer for any damages (including but not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply or use of the works howsoever arising, even if due to the GCPM's negligence, or the negligence of GCPM's servants, agents, subcontractors or suppliers.
5. These terms and conditions do not affect the rights, entitlements and remedies compulsorily conferred on the Customer under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
6. In the event that liability cannot be excluded, to the fullest extent permitted by law, GCPM’s liability to the Customer shall be restricted at GCPM's option to a refund of the invoiced amounts paid by the Customer to GCPM, or replacement of the works.
7. The Customer agrees that they must within fourteen days of the date of delivery or completion of the works, give written notice to GCPM, with particulars of any claim that the works are defective or not in accordance with the agreement between GCPM and the Customer. In the event that the Customer fails to give such notice within the said period, then to the full extent permitted by law, the works are deemed to have been accepted by the Customer and all claims by the Customer against the GCPM for the works are extinguished and the Customer must pay the agreed amount in full to GCPM for the works.
8. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
9. The Customer agrees to pay GCPM's costs of recovering or attempting to recover from the Customer all outstanding charges, including any mercantile agent's costs and legal costs on a full indemnity basis.
10. It is the customers responsibility to ensure any local government / council planning permission required is in place prior to instructing GCPM for commencement of works. GCPM will not be held responsible in any way if council take action because of missing or incorrect planning consent.
11. GCPM will take all possible care, but cannot be held responsible for any damage to existing or customer supplied second-hand materials which have been requested to be re-used, when removing or re-fitting said items.
If you engage GCPM for any task on your client’s behalf, then when signing the acceptance section of quote you are confirming that you hold sufficient client funds to cover any invoice(s) and by signing you take responsibility to pay the invoice once job complete. If there are not sufficient funds available to you then pass the quote acceptance for the customer to complete and they then assume responsibility for invoice payment.
Retention of Title
13. GCPM will retain title to (but not risk in) Goods delivered to the Customer or installed on behalf of the Customer until GCPM has received payment in full for them and all other sums owing to it by the Customer.
14 GCPM's right to retain title does not affect its rights as an unpaid business
15. If the Customer fails to make any payment to GCPM when due GCPM is entitled, and the Customer grants GCPM a license, to enter the Customer's premises and land where the Goods are situated with or without notice and to re-take possession of and remove, at the Customer's cost and expenses, the Goods in respect of which title has not passed to the Customer. GCPM shall be entitled to use the Customer's name and to act on the Customer's behalf in exercising these rights and GCPM is not liable for any costs, losses, damages or other expenses suffered by the Customer or any third party in respect of GCPM's retaking possession and removing the Goods. The Customer acknowledges that GCPM is entitled to remove the Goods even if such removal would result in damage to a structure and the Customer acknowledges that GCPM will not be liable to the Customer for such damage, howsoever arising.