STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
(Registered Address: 6/12 Trewhitt Court Dromana, Victoria, Australia 3936 Company No 89 141 174 601 Company registered in Australia - Rev 1.0 Sept 2017 )
1 INTERPRETATION In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases Services from the Supplier;
1.2 "Supplier" means Mattam Services Pty Ltd trading as Rest Easy Services of PO Box 7, Rye, Vic, 3941;
1.3 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 CUSTOMER'S OBLIGATIONS To enable the Supplier to perform its obligations the Customer shall:
3.1 Co-operate with the Supplier;
3.2 Provide the Supplier with any information reasonably required by the Supplier;
3.3 Keep the Supplier notified of their correct name, postal address and any phone or e-mail information.
3.4 Comply with such other requirements as agreed between the parties.
3.5 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
4 SUPPLIER'S OBLIGATIONS
4.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
4.2 The Supplier accepts all responsibility for the condition of only the Suppliers tools and equipment used in the performance of the Services
4.3 Delivery of the service shall be provided within the required timeframe
5 LIMITATION OF LIABILITY
5.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
5.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
5.3 The Supplier cannot accept liability for items lost in the post.
5.4 The Supplier will endeavour to report on any damage they see. The Customer does not hold the Customer liable for any property loss or damage or personal injury before, during, or after services performed. The Customer chooses to hire the Supplier, and if there is an area that requires special care and instruction it is the Customers responsibility to let the Supplier know about these areas and instructions.
6 CANCELLATIONS The Supplier requires a minimum of one (1) business day cancellation notice. If for any reason, the Customer has to cancel or reschedule the service appointment, they must contact the Supplier immediately. If the Supplier is not notified within one (1) business day, or if they attend the premises and are unable to perform the service, due to any reason outside their control, the Supplier reserves the right the charge a $50 (plus gst) cancellation fee.
7 FORCE MAJEURE Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
8 SUPPLIERS PROPERTY The contents of the Suppliers website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission from the Supplier. Format and layout of the agreement is the property of the Supplier.
9 COPYRIGHT Agreements may only be used in the format in which the Supplier issues them, be it written form on paper, provided in an electronic format or in any other medium. Agreements may not be used in any other format other than that supplied. Customers may not at any time, without prior written permission of the Supplier, make copies or reproductions (in whatever form) of the agreement or agreement material. Where any such copy is considered reasonably necessary, the Supplier will provide written permission.
10 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
12 PRICE AND PAYMENT
12.1 Payment can be made by credit over the phone, by EFT, cash or by cheque.
12.2 The Supplier will send an electronic invoice to the customer. If the customer does not have electronic means, the Supplier will post a copy.
12.3 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time.
12.4 The Supplier terms are full settlement of outstanding accounts within 7 days of receipt of invoice, which is forwarded via email on a weekly basis. The Supplier will hold details securely; they reserve the right however to charge outstanding costs if the account is not settled within the 7 day terms, or alternative arrangements in writing, have been agreed to (Fee 2.2%). The Supplier reserves the right to cease to provide services to the Customer if the account is not settled within 30 days & Late Fees will accrue monthly. The Supplier may validate the with a maximum of $1.00 transaction, which will come off the final payment.