Terms of Service | Fremantle Pressure Washing

These Terms and Conditions were prepared by ND Legal Pty Ltd. ND Legal Pty Ltd holds the copyright and IP in this document. Copying, sharing, redistributing, reselling is strictly prohibited and in breach of ND Legal Pty Ltd’s intellectual property rights.

1. Introduction

1.1 These Terms and conditions apply to the Services provided by Fremantle Pressure Washing Pty Ltd (ABN 50 694 026 269) (“the Supplier”, “we”, “us”, “our”).

1.2 By engaging us to provide Services, you (the Customer, in your individual capacity or on behalf of a company or other legal entity) agree to be bound by these Terms as set out below (Terms). Please read these Terms carefully before taking any of the steps outlined at clause 2, as they cause these Terms to become legally binding on you and us.

1.3 Please review the Definitions and Interpretations clause 21 of these Terms, as they set out the meaning of capitalised and other terms or phrases used in these Terms.

2. Services

3.1. The Supplier provides outdoor cleaning and maintenance services as described in the relevant Quote, Invoice, booking confirmation, written instruction or other written communication issued by the Supplier. The Services may include:

high-pressure cleaning of driveways, paths, patios, hardstand areas, retaining walls, external paved areas and other exterior surfaces;
gutter maintenance, including removal of accessible leaves, debris and loose material from gutters;
solar panel cleaning;
window cleaning and exterior glass cleaning (up to three-storeys);
light gardening, light outdoor maintenance, green waste removal, bin cleaning or other related services; and
any other outdoor cleaning or maintenance service expressly agreed in writing by the Supplier.

3.2. The Supplier may determine the appropriate cleaning method, equipment, water pressure, cleaning solution, access method and sequence of work, having regard to the condition of the Site, safety, weather, accessibility, surface condition and the Services requested.

Exclusions

3.3. The Services are limited to the work expressly included in the Quote. You acknowledge and accept, unless expressly stated in the Quote, the Services do not include:

building repairs;
plumbing repairs;
electrical work;
roof repairs;
gutter replacement;
gutter guard removal or replacement;
downpipe replacement;
waterproofing;
sealing;
painting;
resurfacing;
pest control;
water removal;
restoration of stained, oxidised, faded, porous, cracked or weathered surfaces;
mould remediation;
structural assessment;
leak detection;
rectification of pre-existing defects;
removal or handling of hazardous materials; or
any service requiring specialist equipment, licences, trades or approvals not expressly included in the Services.

3.4. Unless stated otherwise by the Supplier in writing, the Price does not include removal, transport or disposal of large volumes of waste, contaminated waste, hazardous material, sludge, soil, rubble, construction waste, chemicals, oils, asbestos or suspected hazardous material.

4. Acceptance

4.1. The Customer accepts and is immediately bound by these Terms, on the earlier of the following steps being taken by the Customer:

placing a request for Services with us via our Website;
paying a deposit on any part of a quote or an invoice issued by the Supplier to the Customer for Services;
confirming acceptance of a Quote, Booking date or time, or Invoice issued by the Supplier to the Customer, whether orally or in writing; or
accepting provision of any Services.

4.2. Where a party accepts these Terms in accordance with clause 4.1 on behalf of the Customer, the party warrants and represents to us that:

It has the necessary authority to enter into these Terms on behalf of the Customer or for the Customer; and
Where it does not have the necessary authority, it accepts that these Terms shall be binding upon it and they will be responsible for fulfilling the Customer’s obligations as set out in these Terms.

5. Price and Payment

Price

5.1. Subject to clause 5.2, at the Supplier’s sole discretion, the Price shall be as stated on:

A booking confirmation;
a Quote issued by the Supplier, provided that:
1. the Quote is provided by the Supplier to the Customer in writing; and
2. the Customer accepts the Quote within 30 days from the date of issue; or
invoices provided by the Supplier to the Customer in respect of Services to be performed or performed.

Variations

5.2. The Price is based on the following information and/or assumptions:

images, videos, descriptions and any other information provided by you;
visual information about the Site available in the public domain, including (but not limited to) Google Satellite and RealEstate.com.au;
safe and unobstructed access to the Site;
no pets being on Site at the time the Services are supplied;
availability of water (with suitable pressure), drainage, and power where required;
dirt, debris, mould, algae, staining, leaf litter not being excessive;
ordinary equipment and labour requirements;
the absence of hidden hazards, latent defects, or other similar conditions;
the Services being performed between 7am and 7pm, Monday to Saturday.

5.3. At the Supplier’s discretion, the Price may change and be subject to a Variation if (non-exhaustive list):

any change to the Services originally scheduled (including modifications or additional work) is requested by the Customer;
Site conditions are materially different from those disclosed, described, shown by the Customer or depicted in searches conducted by us;
the Site or other circumstances are different or contrary to the information and/or assumptions outlined in clause 5.2;
additional or modified Services, equipment, labour, approvals are required due to the finding of complications (including, for example and without limitation, excessive dirt, staining, mould, algae, lichen, oil, rust, debris, gutter sludge, compacted leaf matter, contamination, debris, blockages, nests, pests, hazards, waste disposal requirements – as notified in the Supplier’s absolute discretion) discovered on or after commencement of the Works;
Customer or third-party interference arises in relation to Site accessibility or the provision of the Services;
The Customer fails to ensure Site access for the Supplier on the Date;
in the event of cost increases in labour or to materials to the Supplier, which are beyond the Supplier’s control;
impact of weather on the provision of Services;
any other event which impacts the provision of the Services that is outside of the Supplier’s reasonable control.

5.4. Variations will be notified by the Supplier to the Customer in writing, and the Customer must provide a response to the variation within 3 days. Where no response is received, the variation will be deemed accepted and added to the Price, to be paid in full in accordance with the instructions set out in the Invoice.

5.5. Notwithstanding clause 5.2, the Supplier is not obliged to perform work set out in a Variation, unless the Variation has been approved by the Customer, and the Supplier may (in its absolute discretion):

perform only the original Services to the extent safe and practicable;
omit the affected work;
charge for work already performed and costs already incurred; or
cancel the affected booking, retaining the Deposit in accordance with clause 14.3.

5.6. Where urgent circumstances arise, requiring immediate action in the form of additional or varied Services to prevent injury, risk, protect property, prevent equipment damage or make the Site safe, the Supplier may take reasonable action, and charge the Customer for the reasonable costs incurred.

Deposit

5.7. At the Supplier’s sole discretion, a Deposit shall be required before any Booking is confirmed. The details of any Deposit payable will be set out in the Quote or Invoice and applied to the Price, and in cases of cancellations the Deposit shall be dealt with in accordance with clause 14 of these Terms.

5.8. The Customer acknowledges and agrees that the Deposit, and retention of any part of it, is reasonable and necessary to enable the Supplier to commit resources to the Customer’s booking, including but not limited to scheduling of labour and equipment, allocation of crew and vehicles to the booked date and time, declining alternative work for that period, procurement of consumables specific to the Customer’s requirements, and coordination of service timeframes that require advance planning and resource allocation.

Payment

5.9. The Price must be paid by the Customer on the date/s set out on the Invoice issued by the Supplier.

5.10. Where no date is stated in the Invoice, the date for payment may be, in the Supplier’s absolute discretion:

the date notified by the Supplier to the Customer in any form as being the date for payment; or
failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Supplier.

5.11. Payment may be made by electronic funds transfer, by credit or debit card (subject to availability), or by any other method as agreed to between the Customer and the Supplier.

5.12. Payment is not deemed as fulfilled until cleared funds are received by the Supplier.

Insurance

5.13. In the event that the Services provided by the Supplier are the subject of an insurance claim that the Customer (or a related third-party) has made, the Customer accepts that it is responsible for the payment of Invoices issued by the Supplier for those Services, and shall ensure that payment is made by the due date stated on the invoice irrespective of whether the insurance claim is successful, in whole or in part, or unsuccessful.

Setoff, Deduction & Withholding

5.14. The Customer must pay all amounts due under these Terms in full by their due date, without any set-off, counterclaim, deduction or withholding of any kind (except as required by law) and must not withhold payment or reduce any amount payable to us on the basis of any alleged claim, right of set-off, counterclaim, invoice dispute or other deduction, whether arising under these Terms or otherwise.

GST

5.15. Unless otherwise stated, the Price does not include GST. In addition to the Price, the Customer must pay to the Supplier the full GST amount when invoiced. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Site Inspection and Service Confirmation

6.1. Unless otherwise advised, the Supplier will perform remote Site inspections prior to notifying the Price for the Services. The remote Site inspection will include:

Google Satellite Image search for the Site;
RealEstate.com.au; and
Images and information provided by the Customer.

6.2. Where an in-person inspection of the Site is required, the Supplier shall advise the Customer and arrange a time to inspect the Site, before the Price is notified, however such inspection will not include inspection of or be required to discover hidden, latent, concealed, structural, waterproofing, drainage, electrical, roofing, guttering, solar panel, window, seal, subsurface or other defects.

6.3. The Customer acknowledges that it is their responsibility to ensure the accuracy of the images, information, and specifications provided to the Supplier. The Supplier shall not be liable for errors or delays caused by inaccuracies not reported before the Booking date and time is confirmed.

7. Provision of the Services

Provision of Services

7.1. Subject to clause 7.2 to 7.3, the Seller and the Customer shall agree in writing the date and time that is mutually convenient for the provision of the Services (“Date”).

7.2. In the event that the Supplier is unable to supply the Works on the Date due to conduct of the Customer, then the Supplier shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date, in accordance with clauses 5.2 to 5.6 (Variations).

7.3. The Date or anticipated completion date may be extended, and subject to a Variation, in the event that the Supplier notifies the Customer in writing that additional time is required, where the Date or completion is delayed by an event or third party conduct beyond the Supplier’s control, including but not limited to:

any failure by the Customer to provide accurate information and images about the Site, make a payment by its due date, have the Site ready for the Services in accordance with these Terms, notify the Supplier that the Site is ready;
unsafe Site conditions, lack of Site access, discovery of pre-existing defects;
utility disconnections;
inadequate water or power supply to the Site;
body-corporate approvals, Noise Management Plan approval delays or conditions;
illness, injury or unavailability of staff;
issues with the availability of equipment required to perform the Services;
overlap with other trades on Site which impact or prohibit the Services being provided wholly or partially in any way; or
extreme weather conditions.

Site Conditions

7.4. The Customer must prepare the Site for the Services prior to the Date. This includes, but is not limited to:

Clearing the Site: move items out of part of the Site where the Services will be performed (for example cars, bikes, pot plants, outdoor furniture, BBQs, garden ornaments, door mats, and children’s or pet toys, items notified by the Supplier, or any other items which may be impacted by the Services). The Supplier will not be responsible for delays or additional costs incurred if the Site is not cleared by the Date.
Securing pets and family members: ensure pets and family members are indoors, offsite or in a part of the Site outside of the designated Service area.
Ensuring exterior openings are shut and secured: for example, making sure all external windows, doors, vents, and skylights (and any other openings) are firmly shut.
Cover or protect vulnerable items: this includes, but is not limited to, securing outdoor power points, garden beds, light fittings, security cameras, intercoms, air conditioning units, and exposed wiring, any other vulnerable items, or items notified by the Supplier, or alternatively informing the Supplier of these items so that they can be avoided.
Waste disposal: ensuring a green and red waste bin, less than half full, is available for use by the Supplier while on Site.

7.5. The Supplier may refuse, suspend, modify by way of Variation, or reschedule the Services in the event that the Supplier, in its absolute discretion, determines that the provision of the Services cannot be performed in a safe manner, including for, but not limited to, the following reasons:

Ladders and other elevation equipment cannot be positioned in such a manner to enable safe access to elevated surfaces where the Services are to be performed;
Roof tiles, roof sheets, skylights, gutters, eaves, fascias, or other structures on the Site appear fragile, brittle, damaged or unstable;
Ground conditions are uneven, wet, slippery, soft or unstable;
Electrical hazards are present;
Additional access or safety equipment or controls are required.

7.6. The Customer acknowledges that the Supplier will not be liable for, and is released from any liability arising out of or in connection with:

defects (whether known or latent) existing at the;
minor damage to existing structures (e.g., plaster, tiles, water damage, walls) caused by provision of the Service, nor any damage caused to items left at the Site.

7.7. To the fullest extent permitted by law, the Supplier is released from any liability arising out of or in connection with the Customer’s failure to comply with these Terms in respect of the Site conditions.

7.8. The Supplier may take photographs or videos before, during and after the Services to record Site condition, access, hazards, pre-existing damage, work progress, completion and any alleged issues.

7.9. Any pre-work photographs or videos are for record-keeping and risk management purposes only and do not constitute a complete condition report.

8. Access Equipment and Materials

Access Equipment

8.1. Unless expressly advised by the Supplier, the Price does not include scaffolding, elevated work platforms, harness systems, specialist roof access equipment, traffic management, permits, Noise Management Plans, body corporate approvals, strata approvals or any other special access arrangements.

8.2. The Supplier is not liable for delay, inconvenience, loss or additional cost arising from the Supplier’s reasonable decision to refuse, suspend, modify or reschedule work on safety grounds.

Consumables & Cleaning Products

8.3. The Supplier may use cleaning products, detergents, treatments, brushes, cloths, tools, consumables and incidental materials that the Supplier considers appropriate for the Services.

8.4. Unless expressly advised otherwise, the Services do not include the supply of physical goods, replacement parts, fixtures, fittings, gutter parts, solar panel parts, window parts, sealants, coatings, paints, waterproofing products or repair materials.

8.5. If the Customer requests the use or avoidance of a particular product or method, the Supplier may accept or refuse that request at the Supplier’s discretion.

8.6. If the Customer requests a method or product contrary to the Supplier’s recommendation, the Customer accepts the risk associated with that request except to the extent caused by the Supplier’s failure to exercise reasonable care and skill.

9. Security and Charge

9.1. In consideration of the Supplier agreeing to provide the Services, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these Terms (including, but not limited to, the payment of any money).

9.2. The Customer indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client, indemnity, basis incurred in exercising the Supplier’s rights under this clause.

9.3. The Customer irrevocably appoints the Supplier and each director of the Supplier as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 9, including, but not limited to, signing any document on the Customer’s behalf.

10. Defects, Warranties and Returns

Alleged Defects or Issues

10.1. The Customer must:

inspect the Site on completion of the Services;
within 24 hours of the Services being completed, notify the Supplier in writing of any evident defect/damage, incomplete work, damage or issue, or failure to comply with the agreed with Services;
notify the Supplier of any other alleged defect in the Services as soon as reasonably possible after any such defect becomes evident; and
allow the Supplier to inspect the alleged issues, which are reported by the Customer under this clause.

10.2. Any notice regarding the Services under clause 10.1, must be in writing to the Supplier and include:

a description of the issue;
the location of the issue;
photographs or videos where available;
details of when the issue was first observed;
details of any relevant pre-existing condition;
details of any weather, third-party work or event occurring after completion; and
details of any urgent action taken by the Customer.

10.3. The Customer must allow the Supplier a reasonable opportunity to inspect any alleged defect, incomplete work or damage before arranging third-party cleaning, repair, replacement or rectification, except where urgent action is reasonably required to prevent further loss or ensure safety.

10.4. The Supplier will assess a notice provided under clause 10.1 and 10.2 of these Terms and may, in its absolute discretion:

re-perform the affected part of the Services;
rectify the issue;
provide a reasonable price adjustment;
refund an appropriate amount; or
provide another appropriate remedy.

10.5. Where the Supplier is required to perform rectification or re-supply of Services, the Customer must provide the Supplier with access to the Site on the date and time requested by the Supplier and comply with all obligations set out in these Terms relating to the Site.

Disclaimers & Release of Liability

10.6. To the fullest extent permitted by law and subject to the Australian Consumer Law, the Supplier is released from any liability, loss or damage arising out of or in connection with:

Services performed on instruction from the Customer, after being informed of specific risks, limitations, defects, issues and potential for damage (for example, water ingress risks or damage to render), or the Services not achieving the reasonably expected results (for example, oil stains not being fully removed);
adverse reactions caused by pre-existing coatings, residues, defects, contamination, undisclosed sensitivities, prior treatments or surface conditions not reasonably apparent to the Supplier and not notified by the Customer;
latent defects, structural weaknesses, deterioration, water ingress, leaks, weathering, age, lack of prior maintenance, prior existing damage to the Site and other similar factors impacting the Site;
water ingress, leaks or resulting loss where the ingress or leak arises from pre-existing defects, failed seals, hidden openings, inadequate drainage, structural issues, poor prior workmanship or the Customer’s failure to prepare the Site or disclose known issues;
pre-existing defects in gutters, downpipes, roof drainage systems, roof tiles, roof sheets, flashings, brackets, fixings, sealants or related structures, including (but not limited to) rust, corrosion, loose brackets, brittle materials, cracked tiles, failed joints, poor fall, inadequate capacity, prior leaks, concealed blockages or defective installation;
cracked panels, loose frames, degraded seals, damaged mounts, electrical faults, water ingress, inverter faults, isolator faults, roof leaks, bird nesting, vermin activity or prior damage to roofing or solar panels.
wetting, splashback, overspray, dirt movement, debris movement, incidental contact or disturbance to items on Site that the Customer failed to remove, secure or protect.
pets, animals, occupants, visitors or third parties under the Customer’s control or authority, except to the extent caused by the Supplier’s failure to exercise reasonable care and skill; or
delays occasioned by events or conduct outside of the Supplier’s control (whether direct or indirect), including but not limited to weather, traffic, safety issues, Site conditions, equipment issues, prior job delays, Customer conduct, third-party conduct or matters outside the Supplier’s reasonable control.

10.7. The Supplier is released from liability for indirect, consequential, special or economic loss, including loss of profit, loss of rent, business interruption, loss of opportunity, loss of use, reputational loss, delay loss or third-party costs.

Australian Consumer Law

10.8. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

10.9. The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

10.10. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Services. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.

10.11. If the Customer is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.

10.12. If the Supplier is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then the Supplier may refund any money the Customer has paid for the Services less the value of the Services which have been supplied to the Customer that were not defective.

10.13. If the Customer is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Services is:

limited to the Price paid for the Services;
otherwise negated absolutely.

10.14. Notwithstanding clauses 10.1 to 10.5, but subject to the CCA, the Supplier shall not be liable for any defect or damage which may or is caused, in whole or in part, as a result of:

new dirt, debris, leaves, mould, algae, weather, run-off or contamination after completion of Services;
pre-existing defects and latent conditions;
staining, oxidation, discolouration or deterioration that could not be removed by ordinary cleaning;
areas outside the agreed scope;
the Customer’s failure to prepare the Site;
the Customer’s failure to disclose known issues;
third-party interference;
work performed by another person after completion;
expectations inconsistent with the Services or these Terms;
the Customer failing to follow any instructions or guidelines provided by the Supplier;
fair wear and tear, any accident, or act of God.

10.15. Notwithstanding anything contained in these Terms, if the Supplier is required by law to accept a return, then the Supplier will only accept a return on the conditions imposed by that law.

11. Intellectual Property

11.1. The Customer warrants that all images, designs, specifications or instructions given to the Supplier will not cause the Supplier to infringe any patent, registered design or trademark in the execution of the Services and the Customer agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.

11.2. The Customer agrees that the Supplier may (at no cost) use for the purposes of marketing or entry into any competition, any images, videos or other visual depictions of the Site, or documents, designs, drawings, plans or products which the Supplier has created for the Customer, provided that the Customer’s address and other personal information remains confidential.

12. Warranties and Acknowledgements

12.1. You warrant that:

You are the Customer, or otherwise authorised for the Customer, to enter into these Terms.
Any details, images, videos, measurements, Site details, hazard disclosures or other information provided by you in relation to the Site is accurate, complete and not misleading.
You have disclosed any information which is relevant to, or may impact, the Services, as required by these Terms.
You will prepare the Site for the Services, in accordance with the requirements set out in these Terms.
You will provide the Supplier access to the Site to enable it to perform the Services.
The Site is safe and free from obstructions and hazards.
You have obtained all necessary approvals from any applicable authority (i.e. strata bodies, local council) for the Services to be performed.
In some circumstances, a Noise Management Plan may be required, which will dictate when and how Services may be performed, and may cause delays and additional costs to the provision of the Services. In such circumstances, the Supplier will advise if a Noise Management Plan is necessary, the associated costs of preparing one and submitting for approval to the local council. You are responsible for the costs of the initial submission of the Noise Management Plan, any revisions required, and any additional costs which may be incurred by the Supplier in complying with the Noise Management Plan.
You will comply with reasonably safety or preparation instructions provided by the Supplier, and not interfere with the provision of the Services.
You will comply with your obligations under these Terms.

12.2. You acknowledge and agree:

You must inform the Supplier of all known matters which may impact the Services, including but not limited to:
1. prior water ingress;
2. leaks or drainage issues;
3. failed or deteriorated seals;
4. cracked concrete;
5. loose pavers;
6. flaking paint;
7. unstable render;
8. loose mortar;
9. brittle gutters;
10. rusted brackets or fixings;
11. cracked roof tiles;
12. damaged solar panels;
13. electrical hazards;
14. inadequate drainage;
15. whether gutter guards are present;
16. water restrictions;
17. unsafe access;
18. asbestos or suspected hazardous material;
19. sensitive surfaces, coatings, sealants, finishes, plants, ponds, pools, water tanks, drainage issues, allergies, chemical sensitivities or product restrictions;
20. pests, nests or vermin; and
21. any other known hazard, defect or relevant Site condition.
You are responsible for obtaining any owner, tenant, occupier, strata, body corporate, building manager, property manager or third-party approval required to allow the Supplier to access and perform the Services.
Cleaning products may react differently and cleaning results may vary depending on surface condition, age, prior coatings, prior cleaning products, residues, porosity, staining, weathering, oxidation, structural integrity and maintenance history. No guarantee is provided that all staining, discolouration, oxidation, mould marking, hard water staining, oil staining, rust staining, tannin staining, lichen marking, efflorescence or weathering will be removed.
The Services are cleaning and maintenance services only and do not constitute restoration, repair, replacement, waterproofing, resurfacing, sealing, painting or structural rectification unless expressly notified by the Supplier.
Cleaning services involve inherent risks, and the Supplier is not responsible for damage caused by any form of Site weakness present (whether visible or latent) at the time the Services are delivered.
Gutter maintenance, if applicable, is limited to the removal of accessible loose leaves, debris and material from gutters, roof valleys and downpipe entry points, but only to the extent expressly stated by the Supplier and safely accessible. It does not include other services such as, but not limited to, clearing blocked downpipes, gutter or downpipe repairs, leak detection etc.
The Supplier does not guarantee any improvement in solar generation, system efficiency or electrical performance following cleaning of roofing or solar panels.
outdoor cleaning may generate water, sediment, dirt, mould residue, algae, lichen, leaves, gutter sludge, detergents, cleaning residue, organic material, contaminated material or other run-off
Some stains may become more visible after surrounding dirt, mould, algae or surface contamination has been removed.

13. Default

13.1. If any amount payable by you under these Terms is not received in cleared funds by its due date:

we may, without prejudice to any other remedy, charge interest on the overdue amount at a rate of five percent (5%) over the Reserve Bank of Australia cash target rate, per annum, calculated daily from the due date until payment in full. Interest will capitalise monthly; and
You indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt, including, but not limited to, internal administration fees, legal costs on an indemnity (solicitor and own client) basis, and bank dishonour fees.

13.2. In addition to any other obligations under these Terms, if a Customer has made payment to the Supplier and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction in addition to any further costs incurred by the Supplier under this clause 13.2 where it can be proven that such reversal is found to be fraudulent or in contravention to the Customer’s obligations under this agreement.

13.3. Without prejudice to the Supplier’s other remedies at law, the Supplier may cancel all or any part of any Works which remain unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:

any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to make a payment when it falls due;
the Customer has exceeded any applicable credit limit provided by the Supplier (if applicable);
the Customer becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

14. Cancellation

14.1. In addition to other rights of the Supplier under these Terms or at law, if at any time the Customer is in breach of any obligation under these Terms, the Supplier may suspend or terminate the supply of Works to the Customer. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.

14.2. Where the Services are cancelled by the Customer:

before a Booking date and time is confirmed, the Deposit will be refunded in full;
after a Booking date and time is confirmed by the Supplier but before the provision of Services have commenced, 50% of the Deposit will be refunded and the remainder is non-refundable;
after the Services have commenced, the Deposit is non-refundable and the Customer must pay the balance of the Price.

14.3. Where the Services are cancelled by the Supplier:

due to the fault or election of the Supplier, the Deposit will be refunded in full; or
for any reason beyond the Supplier’s reasonable control (including but not limited to adverse weather, illness, equipment failure), the Supplier shall endeavour to reschedule the Services. In the event that a reschedule is not possible due to Customer availability or preferences, 50% of the Deposit will be refunded and the remainder is non-refundable; and
due to events or circumstances caused by the Customer, whether directly or indirectly (i.e. Site access issues, unsafe or unprepared Site conditions), the whole of the Deposit is non-refundable. Booking for future services will be treated as a new engagement, and a separate deposit and payment for the services supplied under that new engagement will be required.

14.4. The Supplier is not liable for delay, inconvenience, loss or consequential loss arising from a reasonable suspension, rescheduling, modification or cancellation under this clause 14 or otherwise as allowed by these Terms.

15. Dispute Resolution

15.1. In the event of a breach, dispute or disagreement arising out of or in connection with these terms, and before commencing any legal action or other formal dispute resolution proceedings:

The party alleging that there is a breach, dispute or disagreement (Disputing Party) must notify the other party (Responding Party) in writing to their email address within 7 business days of the breach, dispute or disagreement arising, of:
1. what they perceive to be the substance of the breach, dispute or disagreement;
2. if applicable, the clause of these terms which has been breached or is subject of the dispute or disagreement; and
3. what they propose as a resolution. (Dispute Notice)
The Responding Party must provide a response to the Dispute Notice within 7 business days of receiving it via email setting out their proposed resolution.
The parties must negotiate and discuss possible resolutions in good faith.

15.2. If the dispute remains unresolved after 28 business days of the Dispute Notice being issued:

the Disputing Party must refer the matter to the Small Business Development Corporation (SBDC) dispute resolution services for mediation (including doing all things, taking all steps and making all payments necessary to progress the complaint to a mediation).
The parties must cooperate in good faith and do all things necessary (including sign and submit any paperwork), to the best of their ability, in the SBDC dispute resolution process to progress the matter to a mediation in Western Australia.

15.3. Each party bears its own costs associated with the compliance of the processes set out in clauses 15.1 to 15.2(b) unless a tribunal or court orders otherwise because of that party’s conduct.

15.4. Without limiting either party’s right to seek urgent injunctive or declaratory relief, neither party may commence court proceedings in any jurisdiction until the dispute resolution process at clauses 15.1 to 15.2(b) has been complied with and the mediation process is complete.

15.5. You agree to receive notices under these terms to the email address entered on our website or provided by you to us from time to time. Our contact email address for the purpose of receiving notice relating to these terms is admin@freopw.com.au

16. Trusts

16.1. A Trustee enters into this agreement only in its capacity as trustee of the Relevant Trust and in no other capacity.

16.2. A liability arising under or in connection with this agreement can be enforced against a Trustee only to the extent to which it can be satisfied out of property of the Relevant Trust out of which the applicable Trustee is actually indemnified for the liability.

16.3. This limitation of each Trustee’s liability applies despite any other provision of this agreement and extends to all liabilities and obligations of each Trustee in any way connected with this agreement, including any representation, warranty, conduct, omission, agreement or transaction related to this agreement.

16.4. No party may sue a Trustee in any capacity other than as trustee of the Relevant Trust, including seeking the appointment of a receiver (except in relation to property of the Relevant Trust), a liquidator, an administrator or any similar person to the applicable Trustee or to prove in any liquidation, administration or arrangement of or affecting the applicable Trustee (except in relation to property of the Relevant Trust).

16.5. Clauses 16.1 to 16.4 will not apply to any obligation or liability of a Trustee to the extent that it is not satisfied because, under the trust agreement establishing the Relevant Trust or by operation of law, there is a reduction in the extent of the Trustee’s indemnification out of the assets of the Relevant Trust, as a result of the Trustee’s fraud, negligence or breach of trust.

16.6. No Trustee is obliged to do, or refrain from doing, anything under this agreement (including incurring any liability) unless its liability is limited in the same manner as set out in clauses 16.1 to 16.4.

17. Electronic Transactions Act 2011

Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2011 (WA) or any other applicable provisions of that Act or any Regulations referred to in that Act.

18. Change in Control

The Customer shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.

19. Notices

19.1. Any written notice given under this contract shall be deemed to have been given and received:

by handing the notice to the other party, in person;
by leaving it at the address of the other party as stated on the Invoice;
by sending it by registered post to the address of the other party as stated on the Invoice;
if sent by email, to the other party’s last known email address.

19.2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, within 5 business days of the notice being posted.

20. General

20.1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.

20.2. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

20.3. These Terms and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of Western Australia, Australia.

20.4. The parties irrevocably agree that the courts of Western Australia, Australia have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this agreement or its subject matter or formation (including non-contractual disputes or claims).

20.5. Subject to clause 10, the Supplier is released from any and all liability to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions. Where any liability cannot be excluded, the Supplier’s liability is limited to damages capped at the Price of the Works.

20.6. The Supplier may licence and/or assign all or any part of its rights and/or obligations under these Terms without the Customer’s consent.

20.7. The Customer must not licence or assign its rights and/or obligations under these Terms without the written approval of the Supplier.

20.8. The Supplier may elect to subcontract out any part of the Works but shall not be relieved from any liability or obligation under this contract by so doing. The Customer agrees and understands that they have no authority to give any instructions to any of the Supplier’s sub-contractors without the authority of the Supplier and must not interfere with any sub-contractor’s performance of the Works.

20.9. The Supplier may amend these terms and conditions by providing 14 days written notice to the Customer. Any changes shall take effect from the date on which the Customer accepts such changes, or otherwise on the next occasion that the Customer makes a request for the Supplier to provide Works to the Customer.

20.10. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, global or national freight disruptions, fire, flood, storm or other event beyond the reasonable control of either party.

20.11. Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and this agreement creates binding and valid legal obligations on them.

20.12. These terms and conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Supplier.

21. Definitions & Interpretation

21.1. The following definitions apply in these terms unless the context requires otherwise:

Customer: means the person or persons (whether acting individually or on behalf of a company, partnership, trust, or other legal entity) ordering the Services as specified in any Quote, Invoice or otherwise in writing. Where there is more than one Customer, it is a reference to each Customer jointly and severally liable for all obligations under these Terms.
CCA: means the Competition and Consumer Act 2010 (Cth) including Schedule 2 (Australian Consumer Law) as amended from time to time, and includes any state or territory fair trading legislation applicable to the supply of the Services.
Date: means the mutually agreed commencement date and time for performance of the Works as confirmed in writing between the Supplier and Customer.
Deposit: means any advance payment, down payment, or security payment required by the Supplier prior to commencement of Services, as specified in the Quote, or Invoice.
GST: means Goods and Services Tax as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.
Invoice: means any document issued by the Supplier to the Customer for payment for Services to be performed, or already supplied, including progress payment invoices, final invoices, and invoices for variations or additional works.
Price: means the total amount payable by the Customer (inclusive of GST where applicable) for the Services as agreed between the Supplier and the Customer in accordance with the Quote, or Invoice, or otherwise in writing, including any variations, but not including GST.
Quote: means any written estimate prepared by the Supplier setting out the proposed Services, pricing, terms and specifications for the Customer’s consideration, which is valid for 30 days from the date of issue.
Relevant Trust: means, in respect of any Trustee, the trust in respect of which the Trustee is expressed to have entered into this agreement as trustee.
Services: means the outdoor cleaning and maintenance services provided by the Supplier as set out in clause 3.1 and as described in the relevant Quote, Invoice, booking confirmation, written instruction or other written communication issued by the Supplier, as applicable to the Customer.
Site: means the premises, property, building, structure or location specified in the Quote, or Invoice where the Services are to be performed, including all areas reasonably necessary for access, staging, storage and performance of the Services.
Supplier: means Fremantle Pressure Washing Pty Ltd (ABN 50 694 026 269).
Trustee: means any party to this agreement that is expressed to have entered into this agreement in its capacity as a trustee of any trust.
Variation: means any change, modification, addition, deletion or alteration to the scope of Services, specifications, timing or other aspects of the agreement between the parties, whether requested by the Customer or deemed necessary by the Supplier due to site conditions, regulatory requirements, or other circumstances discovered during performance.

Interpretation

21.2. In these Terms:

headings are for convenience only and do not affect the interpretation of these Terms;
references to any statute, regulation or legal provision include that provision as amended, re-enacted or replaced from time to time;
references to “writing” or “written” include email, facsimile transmission and other electronic communication;
the singular includes the plural and vice versa;
references to a person include companies, partnerships, trusts and other legal entities;
where any word or phrase is given a defined meaning, any other part of speech or other grammatical form of that word or phrase has a corresponding meaning;
references to Australian dollars or “$” are references to the lawful currency of Australia; and
these Terms must be read and construed in accordance with Western Australia law.

Service Terms and Conditions