TERMS & CONDITIONS
1. DEFINITIONS & VALIDITY
1.1 In these terms and conditions
a) “Company” refers to Moving Smoothly.
b) “Customer” refers to the person I company I entity named herein to whom the services as invoiced are supplied.
c) These Terms and Conditions are valid for all services supplied by the Company and may include services in addition to the work specified in the Customer Information Services Estimate.
1.2 By signing the Customer information Estimate, the customer acknowledges and agrees to the Company’s terms and conditions.
1.3 All services supplied by the Company will be subject to these terms and conditions unless expressly agreed otherwise in writing by the Company.
1.4 These terms and conditions shall have effect irrespective of any terms and conditions notified at any time by the Customer, unless agreed to in writing by the Company.
2. TERMS OF AGREEMENT
2.1 The terms of this agreement shall be from the commencement date up until and including the final day of the pack or unpack.
3.1 Either party may give written notice of termination or alteration of the agreement with at least 24 hours’ notice. The customer will be liable for all costs and expenses incurred by the Company if this notice is not received.
3.2 In the case of any default in compliance with the payment requirements, Moving Smoothly reserves the right to terminate the agreement at any time.
4.1 The price for the service is specified in the estimate. Unless the estimate states otherwise, Moving Smoothly may alter the price at any time prior to acceptance of an order without prior notice.
4.2 The Customer must pay GST or any other tax duty, levy, tariff or charge applicable to the supply of the service in addition to, and at the same time as, payment of the price. Moving Smoothly will provide Customer with a tax invoice as required by law.
4.3 Unless the estimate states otherwise, the Customer must pay the Price for services supplied to it within 7 days of the date of the invoice. The payment terms offered by the Company are (if requested by the Company) subject to receipt of satisfactory credit card references from the Customer. The Company reserves the right to vary its payment settlement terms if satisfactory references for the Customer are not forthcoming.
4.4 The Customer must not withhold payment or make any deduction from the invoiced price or any other amount owing to Moving Smoothly without prior written consent.
4.5 Receipt of any amount will not constitute payment until such time as the amount is paid or honoured in full.
4.6 If the relevant payment is not received from the Customer by the due date the Company may in addition to its rights and remedies at law or equity suspend any part of its obligations under these Terms & Conditions and I or if the customer has a credit account, suspend the account and I or charge interest at the cash rate target as stated by the Reserve Bank of Australia current at the due date of the invoice increased by 6% calculated daily from the invoice due date.
4.7 The Company also has the right to recover from the Customer all reasonable legal and other costs incurred by The Company arising from the Customer’s default in payment and the collection process of any due monies. This may entail debt collection fees, legal fees and administration fees incurred in the attempt to recoup ‘the outstanding monies.’
4.8 Any payment made by Customer will be credited first against any interest that has accrued.
4.9 50% deposit on agreement of the estimate is required to secure the booking, plus any merchant fees for credit processing.
5. TIME LIMITS FOR DEFECTS
5.1 Written notice of any defect or non-performance of the service must be given in writing by the Customer within 5 days of the performance of the service being completed. The Company will have 7 days after receiving the written notice of the defect in which to rectify to the reasonable satisfaction of the Customer. The Company will be afforded every opportunity to reasonably mend or replace the defect. Any payment of account based on defects not reported in this time frame will not be considered an excuse for non-payment.
5.2 If the defect is not reasonably repaired at the expiry of the time mentioned above, the Customer shall have the right to immediately give in writing , a final notice of the Company’s failure to reasonably repair the defect, and this agreement shall if required terminate on the 30th day after the first notice was provided.
6. FORCE MAJEURE
6.1 Neither the Seller nor the Buyer will be liable to the other for any delay in performing, or for any failure to perform, any of its obligations under these terms and conditions that is caused by any Force Majeure Event.
7.1 The Parties covenant and agree that The Company shall be entitled at any time and from time to time in its sole and unfettered discretion to assign and I or transfer any or all of the interest of the agreement.
7.2 The Company may appoint any contractor, subcontractor or agent to complete the services set out in the agreement or any verbally amended agreement.
8.1 The Customer consents to The Company before, during and after the provision of the services to give and receive information about the Customer in order for The Company to provide the Service and protect The Company’s commercial interests. Information obtained will be in accordance with the Privacy Act 1988. The Customer acknowledges that this information may include credit reports and references in relation to the creditworthiness of the Customer and its Directors.
9. LIMITATION OF LIABILITY
9.1 Any provision of these Terms and Conditions that excludes any terms, conditions or warranties or limits the liabilities of a party will apply only to the extent permitted by law. Except as expressly provided in these Terms and Conditions, to the extent permitted by Law, The Company will have no liability to the Customer, however arising for any cause of action or theory of liability, in respect of special, indirect or consequential damages , loss of profit or loss of business opportunity.
10. GOVERNING LAW
10.1 These terms and conditions shall be governed by, and construed in accordance with the laws of New South Wales and shall be subject to the jurisdiction of the exclusive jurisdiction of the courts of Sydney, NSW, Australia to determine any dispute or claim arising out of, or in connection with, these terms and conditions and/or any other contract between the parties.
11. AGREEMENT ALTERATIONS
11.1 The Customer has at any time the right to request changes in respect of both the area to be serviced or to the frequency of service. Any request for changes by the Customer and consequential changes to this agreement must be made in writing by the authorized officer(s) of the Customer.
12. Should the Customer consider any proposed alteration to be unreasonable, the Customer’s notice of rejection shall be given in writing within 30 days of the notice of alteration, in which case Suspenders Cleaning Pty Ltd will have the right to terminate the agreement within 14 days of the receipt of rejection or negotiate with the Customer agreeable terms to both parties.
13.1 The Customer further agrees that during the terms or any extended term, of this agreement, including, and for a period of 365 days after the termination of this agreement, the customer will not engage or employ any persons ‘who were or had been engaged or employed by Moving Smoothly of its contractor. To provide to the customer or perform for the customer the services (or similar work) described in the agreement.
13.2 This document and specifications form the entire basis of the agreement between the Customer and Moving Smoothly.
13.3 The Company reserves the right to amend these Terms and Conditions at any time.