TERMS AND CONDITIONS
1. Definitions
1.1. “Agreement” means the Terms and Conditions, the Quotation, and any attachments or schedules referenced therein, as may be varied, amended or restated from time to time.
1.2. “Terms and Conditions” means the terms and conditions titled Terms and Conditions Mr Home Handyman ver 1.1, as may be amended from time to time, governing the performance of the Agreement formed between the Client of the Services, as so named on the Quotation form, and Mr Home Handyman.
1.3. “Party” means either the Client or Mr Home Handyman and “Parties” shall be construed accordingly
1.4. “Client” means the recipient of the Services as so named on the Quotation form.
1.5. “Mr Home Handyman” means Mr Home Handyman Sydney, ABN 413 646 318 93, with its registered business address Carnes Hill NSW.
1.6. “Quotation” means the proposal or offer provided by Mr Home Handyman to the Client detailing the Services to be provided under the Agreement, as further described in Clause 4.1.
1.7. “Services” means the handyman services that Mr Home Handyman is required to carry out in accordance with the provisions of this Agreement, including the provision of materials, goods and equipment to be rendered as further set out in the Quotation.
1.8. “Agreement Price” means the costs, charges, disbursements, expenses (including but not limited to the cost of any materials, tools, equipment and third party services) exclusive of any applicable, Sales Taxes or other tax element, which will be payable by the Client to Mr Home Handyman.
1.9. “Sales Taxes” means any transfer tax, gross receipts tax, compensating use tax, use taxes, sales tax, goods and services taxes, business tax, consumption tax, or other transactional taxes arising or payable as a result of the performance of the Services.
1.10. “Notice Address” means either the postal address or the email address of either Party as stated on the Quotation form.
1.11. “Site” shall mean the property or land where the Services are to be performed and shall be deemed to include the air above and adjacent to such property and the ground below or adjacent to such property.
2. Interpretation
Except where the context otherwise requires:
2.1. Words importing the singular shall also include the plural and vice-versa.
2.2. Headings in these Terms and Conditions shall not be deemed to be part thereof and shall not be taken into consideration in the interpretation or construction of these Terms and Conditions or any part thereof.
2.3. Words importing natural personage shall include corporate personage and vice versa.
2.4. References to any statute, rule or code of practice, governing body or authority shall be deemed to include the amended versions, replacements or successors thereof.
3. The Parties
3.1. The Client has requested and Mr Home Handyman has agreed to provide the Services as specified in this Agreement.
3.2. Nothing in this Agreement or the dealings between the Parties shall operate to make Mr Home Handyman an employee or agent of the Client.
3.3. Neither Party shall assign or transfer any of their rights, liabilities or obligations arising under this Agreement without the prior written consent of the other Party.
4. The Quotation
4.1. The Quotation shall set out:
(a) The Services which Mr Home Handyman will perform for the Client
(b) The estimated time period within which the Services will be performed
(c) The Agreement Price which the Client shall pay to Mr Home Handyman for the performance of the Services.
5. The Services
5.1. Mr Home Handyman will provide the Services to the Client as set out in the Quotation as may be amended from time to time.
5.2. The Services will be performed within the estimated timeframe specified in the Quotation or as advised verbally by Mr Home Handyman.
5.3. The estimated timeframes referred to in Clause 5.2 are provided for guidance only and Mr Home Handyman makes no guarantee the Services will be performed within the specified period.
5.4. For the purposes of this Agreement, time shall not be of the essence and Mr Home Handyman shall not be liable for any loss or damage suffered by the Client as a result of the Services being delayed or postponed for any reason.
6. Payments
6.1. The Agreement Price as set out in the Quotation, includes details of the amounts which Client will be liable to pay to Mr Home Handyman for performance of the Services including without limitation all labour, materials, equipment, tools and any additional costs, expenses, disbursements, fees and charges exclusive of any Sales Taxes, which shall be for the sole account of the Client.
6.2. Mr Home Handyman may invoice the Client in respect of the whole or part of the Agreement Price as set out in the Quotation. Where nothing is stated in the Quotation, Mr Home Handyman may invoice the Client upon completion of the Services.
6.3. Notwithstanding anything to the contrary in the Agreement, Mr Home Handyman may vary the Agreement Price from the amount set out in the Quotation where the Services performed are different or in addition to those set out in the Quotation whether due to the specific request of the Client or whether required to complete additional work not anticipated at the time the Quotation was made, or due to market fluctuations in the price of materials or equipment used.
6.4. Individuals: The Client shall pay all Mr Home Handyman invoices on the day the services have been completed via Cash, Check or EFT minus any deposits previously paid.
Companies: All payments must be made in full within 7 days of completion of all works.
6.5. If the total charge exceeds $2000.00 the client must pay Mr Home Handyman 30% deposit of the total Quote prior to any works commencing.
6.6. The Client shall not withhold any sums due to Mr Home Handyman.
6.7. Where Client fails to pay any invoices in accordance with Clause 6.4, Client shall be liable to pay to Mr Home Handyman the following:
(a) Interest at a rate equal to cash rate as defined by the Reserve Bank of Australia.
(b) Any and all costs and expenses incurred by Mr Home Handyman in recovering payment from the Client
.
7. Termination
7.1. This agreement shall continue until the Services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
7.2. Without prejudice to the above this Agreement may be terminated immediately where any of the following circumstances arise:
(a) The Client ceases to do business, becomes unable to pay its debts as they fall due, becomes or is deemed insolvent, has a receiver, liquidator, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business (or is the subject of a filing with any court for the appointment of any such officer), makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt or an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction), or any equivalent or similar action or proceeding is taken or suffered in any jurisdiction;
(b) The Client commits a serious breach or persistent breaches of this Agreement including but not limited to the non-performance, neglect or default of any duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Party it remains un remedied and unrectified 5 business days after such notice.
(c) Either Party commits a breach of this agreement which cannot be remedied.
7.3. Unless otherwise agreed by Mr Home Handyman, the Client may terminate this Agreement up to 3 business days before the scheduled commencement of the Services. Where Client terminates the Agreement in accordance with this Clause 7.1, the Client shall be entitled to a full refund of any monies paid to Mr Home Handyman, less an amount representing any reasonable costs which Mr Home Handyman has incurred for materials, equipment, tools, labour and administration.
7.4. Where this Agreement is terminated other than in accordance with Clause 7.3, the Client shall not be entitled to a refund of any monies paid and will be liable to pay for any reasonable costs incurred by Mr Home Handyman for materials, equipment, tools, labour and administration.
7.5. Without affecting any of its rights or remedies under this Agreement, Mr Home Handyman may terminate this Agreement in its absolute discretion on giving not less than 3 working days written notice to the Client.
7.6. Termination of this Agreement must be notified by in writing and delivered to the Notice Address.
7.7. Upon termination of the Agreement the Client shall pay to Mr Home Handyman such sums as may represent any work done and any expenses incurred up to and including the date of the termination and any reasonable additional costs incurred by Mr Home Handyman as a direct result of the termination.
7.8. Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
8. Client’s Obligations
8.1. The Client shall be responsible for the correctness of any measurements, finishes or colours provided to Mr Home Handyman. Where Client provides incorrect or inaccurate measurements, finishes or colours and it results in the purchase or ordering of incorrect goods or materials, the Client shall be liable for any resulting expense incurred.
8.2. The Client shall take all necessary steps to facilitate this agreement including but not limited to:
(a) Ensuring Mr Home Handyman has continuous and uninterrupted access to the Site and that such access is appropriate and adequate for the Services
(b) Ensuring Mr Home Handyman has access to and uninterrupted use of such facilities as may be necessary in order to complete the Services.
8.3. Client shall adhere to Mr Home Handyman’s reasonable instructions relating to the Site in general or the safety and the state of any Services which have been completed, or are in any stage of being completed, by Mr Home Handyman. Such instructions shall be deemed to include any directions on appropriate use, care and maintenance of the Services.
8.4. The Client shall be responsible for the security and safety of any materials, tools or equipment that Mr Home Handyman stores or keeps on the Site and shall be accountable to Mr Home Handyman for any loss or damage thereof.
8.5. The Client shall be responsible for any permissions, licenses or consents which are necessary in order for the services to be provided. The Client warrants that all such necessary permissions, license or consents have been applied for and obtained prior to entering this Agreement with Home Handyman. The client shall provide evidence of any such permissions, licences or consents to Mr Home Handyman if so requested.
9. Mr Home Handyman Obligations
9.1. Mr Home Handyman shall perform the Services with reasonable care and skill and to a reasonable standard.
9.2. Subject to Clause 8 and as directed by the Client, whilst Home Handyman shall take reasonable steps to match the Services to existing colours and finishes there shall be no guarantee of any such match.
10. Property Rights and Assumption of Risk
10.1. The property rights, title or ownership of any property or materials that are incorporated into the Services delivered to the Client by Mr Home Handyman shall remain with Mr Home Handyman until the Client has made payment in full in accordance with the Agreement.
10.2. Where Mr Home Handyman is responsible for delivering to the Client any products or materials which are used in the Services, the risk in and responsibility for such products or materials shall pass from Mr Home Handyman to the Client upon delivery.
10.3. Where Mr Home Handyman is not responsible for delivery of any products or materials used in the Services, the risk in and responsibility for such products or materials shall immediately vest in the Client.
11. Disclaimers and Exclusions
11.1. Mr Home Handyman shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
11.2. Nothing in the forgoing shall be read as restricting or limiting in any way Mr Home Handyman liability for death or personal injury.
12. Indemnity
The Client shall indemnify Mr Home Handyman against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
13. Force Majeure
Neither Party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside their reasonable control including but not limited to inclement weather (including wet weather, rainfall and its effects), floods, earthquakes, acts of God and natural physical disasters, industrial action, war, fire, explosion, threat or acts of terrorism, civil disturbance or rioting, government or regulatory action, aviation or maritime disasters, breakdown in plant or machinery or shortage of raw materials or supplies.
14. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
14.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this Agreement must be made in writing and signed by both Parties.
14.2. This Agreement shall be governed by the state Law of Western Australia and the Parties agree to submit to the exclusive jurisdiction of the Courts of Western Australia.
14.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid or void, this will not affect the validity or enforceability of any other provision or of this Agreement as a whole.
14.4. All terms, conditions and covenants contained in this Agreement shall bind the Parties and their heirs, legal representatives, successors to title and permitted assignees.
14.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (rights of Third Parties) Act.
14.6. The failure by either Party to enforce any provision of this Agreement shall not be deemed a waiver or limitation of that part’s right to subsequently compel and require strict compliance with every provision of this Agreement.
1. Definitions
1.1. “Agreement” means the Terms and Conditions, the Quotation, and any attachments or schedules referenced therein, as may be varied, amended or restated from time to time.
1.2. “Terms and Conditions” means the terms and conditions titled Terms and Conditions Mr Home Handyman ver 1.1, as may be amended from time to time, governing the performance of the Agreement formed between the Client of the Services, as so named on the Quotation form, and Mr Home Handyman.
1.3. “Party” means either the Client or Mr Home Handyman and “Parties” shall be construed accordingly
1.4. “Client” means the recipient of the Services as so named on the Quotation form.
1.5. “Mr Home Handyman” means Mr Home Handyman Sydney, ABN 413 646 318 93, with its registered business address Carnes Hill NSW.
1.6. “Quotation” means the proposal or offer provided by Mr Home Handyman to the Client detailing the Services to be provided under the Agreement, as further described in Clause 4.1.
1.7. “Services” means the handyman services that Mr Home Handyman is required to carry out in accordance with the provisions of this Agreement, including the provision of materials, goods and equipment to be rendered as further set out in the Quotation.
1.8. “Agreement Price” means the costs, charges, disbursements, expenses (including but not limited to the cost of any materials, tools, equipment and third party services) exclusive of any applicable, Sales Taxes or other tax element, which will be payable by the Client to Mr Home Handyman.
1.9. “Sales Taxes” means any transfer tax, gross receipts tax, compensating use tax, use taxes, sales tax, goods and services taxes, business tax, consumption tax, or other transactional taxes arising or payable as a result of the performance of the Services.
1.10. “Notice Address” means either the postal address or the email address of either Party as stated on the Quotation form.
1.11. “Site” shall mean the property or land where the Services are to be performed and shall be deemed to include the air above and adjacent to such property and the ground below or adjacent to such property.
2. Interpretation
Except where the context otherwise requires:
2.1. Words importing the singular shall also include the plural and vice-versa.
2.2. Headings in these Terms and Conditions shall not be deemed to be part thereof and shall not be taken into consideration in the interpretation or construction of these Terms and Conditions or any part thereof.
2.3. Words importing natural personage shall include corporate personage and vice versa.
2.4. References to any statute, rule or code of practice, governing body or authority shall be deemed to include the amended versions, replacements or successors thereof.
3. The Parties
3.1. The Client has requested and Mr Home Handyman has agreed to provide the Services as specified in this Agreement.
3.2. Nothing in this Agreement or the dealings between the Parties shall operate to make Mr Home Handyman an employee or agent of the Client.
3.3. Neither Party shall assign or transfer any of their rights, liabilities or obligations arising under this Agreement without the prior written consent of the other Party.
4. The Quotation
4.1. The Quotation shall set out:
(a) The Services which Mr Home Handyman will perform for the Client
(b) The estimated time period within which the Services will be performed
(c) The Agreement Price which the Client shall pay to Mr Home Handyman for the performance of the Services.
5. The Services
5.1. Mr Home Handyman will provide the Services to the Client as set out in the Quotation as may be amended from time to time.
5.2. The Services will be performed within the estimated timeframe specified in the Quotation or as advised verbally by Mr Home Handyman.
5.3. The estimated timeframes referred to in Clause 5.2 are provided for guidance only and Mr Home Handyman makes no guarantee the Services will be performed within the specified period.
5.4. For the purposes of this Agreement, time shall not be of the essence and Mr Home Handyman shall not be liable for any loss or damage suffered by the Client as a result of the Services being delayed or postponed for any reason.
6. Payments
6.1. The Agreement Price as set out in the Quotation, includes details of the amounts which Client will be liable to pay to Mr Home Handyman for performance of the Services including without limitation all labour, materials, equipment, tools and any additional costs, expenses, disbursements, fees and charges exclusive of any Sales Taxes, which shall be for the sole account of the Client.
6.2. Mr Home Handyman may invoice the Client in respect of the whole or part of the Agreement Price as set out in the Quotation. Where nothing is stated in the Quotation, Mr Home Handyman may invoice the Client upon completion of the Services.
6.3. Notwithstanding anything to the contrary in the Agreement, Mr Home Handyman may vary the Agreement Price from the amount set out in the Quotation where the Services performed are different or in addition to those set out in the Quotation whether due to the specific request of the Client or whether required to complete additional work not anticipated at the time the Quotation was made, or due to market fluctuations in the price of materials or equipment used.
6.4. Individuals: The Client shall pay all Mr Home Handyman invoices on the day the services have been completed via Cash, Check or EFT minus any deposits previously paid.
Companies: All payments must be made in full within 7 days of completion of all works.
6.5. If the total charge exceeds $2000.00 the client must pay Mr Home Handyman 30% deposit of the total Quote prior to any works commencing.
6.6. The Client shall not withhold any sums due to Mr Home Handyman.
6.7. Where Client fails to pay any invoices in accordance with Clause 6.4, Client shall be liable to pay to Mr Home Handyman the following:
(a) Interest at a rate equal to cash rate as defined by the Reserve Bank of Australia.
(b) Any and all costs and expenses incurred by Mr Home Handyman in recovering payment from the Client
.
7. Termination
7.1. This agreement shall continue until the Services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
7.2. Without prejudice to the above this Agreement may be terminated immediately where any of the following circumstances arise:
(a) The Client ceases to do business, becomes unable to pay its debts as they fall due, becomes or is deemed insolvent, has a receiver, liquidator, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business (or is the subject of a filing with any court for the appointment of any such officer), makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt or an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction), or any equivalent or similar action or proceeding is taken or suffered in any jurisdiction;
(b) The Client commits a serious breach or persistent breaches of this Agreement including but not limited to the non-performance, neglect or default of any duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Party it remains un remedied and unrectified 5 business days after such notice.
(c) Either Party commits a breach of this agreement which cannot be remedied.
7.3. Unless otherwise agreed by Mr Home Handyman, the Client may terminate this Agreement up to 3 business days before the scheduled commencement of the Services. Where Client terminates the Agreement in accordance with this Clause 7.1, the Client shall be entitled to a full refund of any monies paid to Mr Home Handyman, less an amount representing any reasonable costs which Mr Home Handyman has incurred for materials, equipment, tools, labour and administration.
7.4. Where this Agreement is terminated other than in accordance with Clause 7.3, the Client shall not be entitled to a refund of any monies paid and will be liable to pay for any reasonable costs incurred by Mr Home Handyman for materials, equipment, tools, labour and administration.
7.5. Without affecting any of its rights or remedies under this Agreement, Mr Home Handyman may terminate this Agreement in its absolute discretion on giving not less than 3 working days written notice to the Client.
7.6. Termination of this Agreement must be notified by in writing and delivered to the Notice Address.
7.7. Upon termination of the Agreement the Client shall pay to Mr Home Handyman such sums as may represent any work done and any expenses incurred up to and including the date of the termination and any reasonable additional costs incurred by Mr Home Handyman as a direct result of the termination.
7.8. Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
8. Client’s Obligations
8.1. The Client shall be responsible for the correctness of any measurements, finishes or colours provided to Mr Home Handyman. Where Client provides incorrect or inaccurate measurements, finishes or colours and it results in the purchase or ordering of incorrect goods or materials, the Client shall be liable for any resulting expense incurred.
8.2. The Client shall take all necessary steps to facilitate this agreement including but not limited to:
(a) Ensuring Mr Home Handyman has continuous and uninterrupted access to the Site and that such access is appropriate and adequate for the Services
(b) Ensuring Mr Home Handyman has access to and uninterrupted use of such facilities as may be necessary in order to complete the Services.
8.3. Client shall adhere to Mr Home Handyman’s reasonable instructions relating to the Site in general or the safety and the state of any Services which have been completed, or are in any stage of being completed, by Mr Home Handyman. Such instructions shall be deemed to include any directions on appropriate use, care and maintenance of the Services.
8.4. The Client shall be responsible for the security and safety of any materials, tools or equipment that Mr Home Handyman stores or keeps on the Site and shall be accountable to Mr Home Handyman for any loss or damage thereof.
8.5. The Client shall be responsible for any permissions, licenses or consents which are necessary in order for the services to be provided. The Client warrants that all such necessary permissions, license or consents have been applied for and obtained prior to entering this Agreement with Home Handyman. The client shall provide evidence of any such permissions, licences or consents to Mr Home Handyman if so requested.
9. Mr Home Handyman Obligations
9.1. Mr Home Handyman shall perform the Services with reasonable care and skill and to a reasonable standard.
9.2. Subject to Clause 8 and as directed by the Client, whilst Home Handyman shall take reasonable steps to match the Services to existing colours and finishes there shall be no guarantee of any such match.
10. Property Rights and Assumption of Risk
10.1. The property rights, title or ownership of any property or materials that are incorporated into the Services delivered to the Client by Mr Home Handyman shall remain with Mr Home Handyman until the Client has made payment in full in accordance with the Agreement.
10.2. Where Mr Home Handyman is responsible for delivering to the Client any products or materials which are used in the Services, the risk in and responsibility for such products or materials shall pass from Mr Home Handyman to the Client upon delivery.
10.3. Where Mr Home Handyman is not responsible for delivery of any products or materials used in the Services, the risk in and responsibility for such products or materials shall immediately vest in the Client.
11. Disclaimers and Exclusions
11.1. Mr Home Handyman shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
11.2. Nothing in the forgoing shall be read as restricting or limiting in any way Mr Home Handyman liability for death or personal injury.
12. Indemnity
The Client shall indemnify Mr Home Handyman against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
13. Force Majeure
Neither Party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside their reasonable control including but not limited to inclement weather (including wet weather, rainfall and its effects), floods, earthquakes, acts of God and natural physical disasters, industrial action, war, fire, explosion, threat or acts of terrorism, civil disturbance or rioting, government or regulatory action, aviation or maritime disasters, breakdown in plant or machinery or shortage of raw materials or supplies.
14. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
14.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this Agreement must be made in writing and signed by both Parties.
14.2. This Agreement shall be governed by the state Law of Western Australia and the Parties agree to submit to the exclusive jurisdiction of the Courts of Western Australia.
14.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid or void, this will not affect the validity or enforceability of any other provision or of this Agreement as a whole.
14.4. All terms, conditions and covenants contained in this Agreement shall bind the Parties and their heirs, legal representatives, successors to title and permitted assignees.
14.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (rights of Third Parties) Act.
14.6. The failure by either Party to enforce any provision of this Agreement shall not be deemed a waiver or limitation of that part’s right to subsequently compel and require strict compliance with every provision of this Agreement.