Date: 26/03/2024
BETWEEN: LEAKY ROOF PTY LTD ABN 99 619 565 614
AND:
(“client”)
These terms and conditions, together with the written estimate of fees & scope of work (“Proposal”), create and govern the agreement between Leaky Roof Pty Ltd ABN 99 619 565 614 of 60 Kingsmill Street Kambah ACT 2902 (“Leaky Roof”) and the client (“you”) who engages the Company to provide the Services (“Agreement”).
By signing and accepting the Proposal you accept these terms and conditions.
1. Agreement
1.1 Subject to your agreement to the payment of the fees and signing of the Agreement, Leaky Roof will provide the Services in accordance with this Agreement.
1.2 By signing the Proposal, you accept these Terms and Conditions (“Terms”) and enter into the Agreement.
1.3 This agreement is the entire agreement between you and Leaky Roof and supersedes any prior understanding, arrangement, or agreement.
1.4 Any change to this Agreement shall not be effective unless it is in writing and signed by you and Leaky Roof.
2. Services
2.1 The Proposal specifies the Services.
2.2 All Leaky Roof’s Services are carried out between 07:30 am and 6:30pm Monday to Friday Australian Eastern Standard and Daylight-Saving Times. Services to be performed outside those times must be negotiated between you and Leaky Roof ahead of time and may incur additional fees.
2.3 Where you require further services (“Additional Services”), Leaky Roof may at its discretion agree to provide the Additional Services and negotiate additional fees to be charged to you.
3. Proposal and Payment
3.1 As consideration for providing the Services, you will pay the fees specified in the Scope of Works (“Fee”) via an accepted payment method identified on invoices issued to you.
3.2 The Fees are based on the scope of work specified in the Scope of Works and assumes that you will provide information relevant to provide the Services. If you do not provide the expected information, or otherwise fulfil your obligations under the Contract, and this results in additional work for Leaky Roof, Leaky Roof may charge additional fees to cover the unexpected work.
3.3 You agree to pay any reasonable external expenses Leaky Roof may incur on your behalf in carrying out the Services, as identified in the Proposal or otherwise notified to you.
3.4 Invoices will be issued to you for payment of the Services on the date of completion.
3.5 Payment of each invoice is due on the date of the invoice.
3.6 If you fail to pay any invoice by the applicable due date (debt), you agree that Leaky Roof may, at its sole discretion:
- (a) charge interest at the rate of 12% per annum, charged and accrued on a daily basis;
- (b) charge an administrative fee of $50.00;
- (c ) not provide any further service to you until the debt is paid; and
- (d) pass on to you in full any debt collection charges incurred as a result of non-payment of any account.
3.7 You must pay Leaky Roof’s expenses and materials costs regardless of whether our services are terminated by you or by us prior to the completion of the work Leaky Roof has been instructed to do.
4. Deposit
4.1 Subject to your acceptance of the Proposal, you will be required to pay a deposit of at least 50% of the fees as identified in the Proposal or otherwise notified to you.
4.2 Payment of the deposit is required prior to the commencement of the provision of Services.
4.3 If:
- (a) you terminate the agreement prior to our commencement of work on your roof; and
- (b) Leaky Roof has used part or all of your deposit to purchase materials to provide the Services;
Leaky Roof will not refund any part or all of the deposit used to purchase the materials.
5. Travel and Accommodation
5.1 No provision has been made for travel and accommodation for Leaky Roof’s staff to provide the Services.
5.2 Leaky Roof will carry out the Services at a site within the ACT unless:
- (a) you require Leaky Roof to attend a site outside the ACT; and
- (b) Leaky Roof and you agree in writing as to the additional costs to be paid for both travel and accommodation; and
- (c ) you pay those costs to Leaky Roof in addition to the Fees stated in the Proposal.
6. GST
6.1 Any consideration made under this Agreement is inclusive of any GST unless the context expressly indicates otherwise
7. Your Obligations
7.1 You must provide the appropriate access to the Premises to allow Leaky Roof to provide the Services adequately and securely.
7.2 You must provide Leaky Roof with all the information it requests to enable Leaky Roof to perform the Services. If there is any delay in your providing such information and it results in a delay in Leaky Roof’s delivery of the Services or a milestone identified in the Proposal, Leaky Roof will not be liable or subject to any penalty as a result of that delay.
7.3 In the event that you have a query or concern about the Services or conduct of Leaky Roof, you must notify Leaky Roof within 7 days of becoming aware of any issue.
8. Warranty
8.1 Leaky Roof will provide the Services:
- (a) with a high standard of care and diligence and in accordance with all applicable laws, regulations, codes of practice, national standards and applicable ethics and other regulatory approvals; and
- (b) with the necessary skills, experience, qualifications, resources, capacity and know-how to supply the Services.
8.2 Leaky Roof may provide recommendations about products or services provided by third parties. You acknowledge and agree that Leaky Roof does not provide any warranty as to the supply or quality of any third-party products or services. Products and equipment may be covered by a manufacturer’s warranty, and product failure will only be covered under the terms of such warranty as stated on the manufacturer’s brochure.
9. Termination
9.1 Leaky Roof may terminate the Agreement:
- (a) by giving 7 days’ notice in writing for the provision of services where those services will take less than 20 days;
- (b) by giving 30 days’ notice in writing for other services;
- (c ) immediately by giving notice in writing and at any time if you:
- (i) breach any terms and conditions of the Agreement which is not remedied within 14 days after Leaky Roof issues a notice to you to rectify the breach;
- (ii) commit an act of bankruptcy, enter into voluntary or compulsory liquidation, become subject to the appointment of a controller or administrator, order or resolution to wind up; or
- (iii) otherwise become unable to provide payment for the Services.
9.2 You may terminate the Agreement by giving 30 days’ notice in writing, if Leaky Roof breaches any terms and conditions of the Agreement which is not remedied within 14 days after you issue a notice to Leaky Roof to rectify the breach.
9.3 If the Agreement is terminated prior to completion of the provision of the Services, Leaky Roof will stop providing the Services and you will be liable for payment for any Services provided up to and including the date of termination.
9.4 If you terminate the Agreement because you have changed your mind up to and including 7 days after you have signed the Proposal, accepted the Scope of Works and paid the deposit, Leaky Roof will refund to you all of the deposit you paid.
9.5 If you terminate the Agreement because you have changed your mind 8 days or later after you have signed the Proposal, accepted the Scope of Works and paid the deposit, Leaky Roof will not refund to you any of the deposit you paid but will consider the Agreement terminated and will not attend your premises to carry out the job.
9.6 The above retention of moneys is necessary to cover the costs incurred by Leaky Roof once you have accepted the Proposal and Leaky Roof has scheduled your work.
10. Insurance
10.1 Leaky Roof has effected and maintains necessary and appropriate Professional Indemnity Insurance and other necessary insurances to carry out the Services.
11. Limitations of Liability, Indemnity and Release
11.1 The maximum liability of Leaky Roof arising directly or indirectly from any breach of these terms is, except where applicable law expressly requires otherwise, limited, at the option of Leaky Roof, to:
- (a) supplying of the Services again; or
- (b) the payment of the cost of having the Services supplied again.
11.2 Under no circumstances will Leaky Roof be liable for any claims, damages, obligations, losses, liabilities, costs, debt, and expenses arising from:
- (a) your conduct including, but not limited, to any breach of these terms;
- (b) any action by you which voids or decreases Leaky Roof’s benefits under any applicable insurance policy.
11.3 You indemnify, release from liability, and hold harmless Leaky Roof from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including consequential loss) arising from clause 11.2 above.
12. Privacy
12.1 From time to time, Leaky Roof may collect certain information from you. Any information that you provide when engaging Leaky Roof is subject to our Privacy Policy. A copy of our Privacy Policy is available on our website.
13. General
13.1 This Agreement will be governed by the laws for the time being in force in the Commonwealth of Australia or the ACT and the parties agree to submit to the non-exclusive jurisdiction of the courts of the Commonwealth or the ACT (whichever is applicable) in respect of any dispute arising unless the dispute must be heard in a court of another jurisdiction by law.
13.2 If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
14. Dispute Resolution
14.1 If a dispute arises in relation to this Agreement, one or more Parties may give written notice to another Party (together “Disputing Parties”) requiring that an attempt be made to resolve the dispute and the Disputing Parties agree to use their best endeavors to first settle the dispute by discussions in good faith between the Disputing Parties (or a person a Disputing Party nominates as its representative).
14.2 If a dispute is not resolved within 10 Business Days (or such period as agreed in writing by the Disputing Parties) after written notice of the dispute has been given, any Disputing Party may give the other a written notice requiring that the dispute be resolved by a mediator appointed jointly by the Disputing Parties (“Mediation Notice”).
14.3 If the Disputing Parties do not agree on a mediator within 5 Business Days after the Mediation Notice is given, the mediator is to be appointed by the Resolution Institute.
14.4 The mediation is to be conducted in accordance with the Resolution Institute’s Mediation Rules and those rules are binding on the Disputing Parties.
14.5 The Disputing Parties must co-operate fully with the mediator.
14.6 Any mediation agreement resulting from the mediation shall be binding on the Disputing Parties.
14.7 The Disputing Parties must pay an equal share of the fees and expenses the mediator is entitled to.