Summit Property Wash Terms of Trade
Application
1.1 The following terms of trade (“Terms”) shall apply to all building and washing and other
services (“Services”) supplied to you by Summit Property Wash (“us, we, our”). These Terms
will prevail if there is any consistency with any other document.
Quotes
2.1 These Terms apply to any quote we give you.
2.2 Any quote we provide to you via our website or over the phone is based strictly on the
information you have provided to us. If we visit the building/s where the Services are to be
provided (“the Premises”) and believe (acting reasonably) that any information you provided
to us is incorrect and/ or incomplete, we are entitled to charge you extra for the additional
Services we need to perform as a result.
2.3 Any changes to the quantities, measurements or specifications or nature of the Services
require subsequent to any quote provided by us or an inaccuracies or misstatements or
omissions in the information provided to us, shall constitute a variation to our quote and shall
be charged to you separately.
Authorisation
3.1 You agree that we have no obligation to inquire into the authority of any person placing
orders on your behalf. It is your risk and responsibility to obtain every necessary or prudent
authorisation (including licences, permits and consents) in relation to the Services we supply
to you.
Our Services
4.1 Once you have accepted our quote, we will provide the Services at the address you have
notified to us as set out in our quote. If we are provided with an incorrect address that we are
entitled to charge you for the cost as quoted.
4.2 We are only obliged to provide you with the Services which are set out in our quote.
4.3 You agree that:
(a) we are only obliged to perform the Services at the address you have notified to us; and
(b) our Services do not include cleaning under or removal or replacement of gutter guards
unless this is expressly stated in our quote.
4.4 We will use our reasonable endeavours to perform the Services on the date(s) set out in
our quote. You agree that we are not liable to perform the Services if:
(a) we believe the conditions are not appropriate;
(b) we believe that we would be breaching out obligations under the Health and Safety at
Work Act2015;
(c) we do not have sufficient access to the Premises to perform the Services; or
(d) clauses 5.2 or 5.3 are not complied with.
Your Obligations and Risk
5.1 You must strictly comply with any instructions, directions, and any cautions and/or
warnings or aftercare instructions (“our instructions”) we provide you in respect of the
service.
5.2 You agree:
(c) to let us know about any areas of the Premises which we will need to be aware of or
avoid when performing the Services, for instance; electrical areas and areas prone to
leaking;
(d) that if you want us to wash behind any items which are adjacent to the exterior of the
Premises that you will ensure that all such items (for instance; large waste bins and stacked
pallets) are moved to enable us sufficient room to perform the Services;
(e) that you are solely responsible for ensuring that all tank inlets are fully disconnected prior
to the Services being performed;
(f) while we take all reasonable steps to:
a. avoid water ingress into the Premises;
b. damage to any plants located on or around the Premises;
c. avoid damage which may occur as a result of us walking on and taking equipment on the
roof to the Premises that sometimes damage is unavoidable, and we have no liability
whatsoever to you for any damage which may occur if this happens;
5.3 You must ensure that we have adequate access to and from the Premises in order to
perform the Services. You agree to provide us with information about any period during
which we can have access to and from the Premises in order to perform the Services.
5.4 We will not be liable for any direct or indirect damage, economic loss of any kind or any
other loss or expenses caused by or contributed to by your failure to comply with our
instructions or the requirements of clauses 5.2 or 5.3.
5.5 You will still be liable for the price payable for the Services if we are unable to perform
the Services due to circumstances within your control and/or your failure to comply with
clauses 5.2 or 5.3.
Limitation of Liability
6.1 We will take all reasonable care in performance of the Services, however, if we become
liable to you, for any reason, for any loss, damage, harm or injury in any way connected with
the supply of the Services, our liability shall be limited to a sum not exceeding the price
payable by you for the Services.
6.2 To the extent permitted under law, we will not be liable to you for any consequential loss
of whatever nature suffered by you or any other person injured and indemnify us in respect
of any claims concerning any such loss.
6.3 All claims must be made in writing and are subject to verification or acceptance by us.
No claim for any loss, damage or injury arising out of the supply of the Services by us, may
be brought more than one month after the date you become aware or reasonably ought to
have been aware of the circumstances giving rise to the claim.
Your Indemnity
7.1 You will indemnify us for any physical, direct and indirect damage, economic loss or
other loss or cost or expenses (including debt recovery and/ or legal expenses on a solicitor
and client basis), and will full indemnify us against any claims or proceedings against us to
the extent caused or contributed by you (or any or your agents or employees) or arising from
a breach of these Terms.
Price
8.1 Unless otherwise stated, all quotes are exclusive of GST.
Payment
9.1 You agree the following:
(a) unless otherwise agreed in writing, you must pay us in cleared funds on the same day of
completion or if the Services are provided in relation to a commercial Premises, payment is
required no later than the 20th of the same month following the date in which the invoice is
sent to you;
(b) if we require you to pay a deposit this must be paid immediately on acceptance of our
quote and is non-refundable if you cancel the Services other than with agreement in writing
or as a result of a material breach by us;
(c) payment of any amounts owed to us must be free of any counterclaim, debt-off,
deduction of any other claim whatsoever;
(d) if in our opinion you credit worthiness deteriorates before completion of the performance
of our Services, we may require full or partial payment at any time of the provision of security
in a form acceptable to us. If such payment or security is not provided we may cease
supplying the Services.
Termination
10.1 If any of the events set out in clause 10.2 occur, we may, without prejudice to and in
addition to any other rights or remedies we may have, exercise all or any of the following
rights:
(a) delay the performance of the Services until the matter is resolved to