Terms and Conditions of Trade

 

Workmanship and Service Guarantee


Kirk's Property Maintenance provides customers with a guarantee on all workmanship and services performed by Kirk's staff, covering the labour component on any job. This guarantee is valid for 3 months after the job completion date (as specified on your Kirk's Property Maintenance Tax Invoice).
All materials, products and parts used for each project are covered by their individual product warranty and, unless able to pass on any third party warranties, Kirk's accepts no liability for, or on behalf of third party product manufacturers. Kirk's Property Maintenance endeavour to use high quality, endorsed and certified products; and wherever possible, encourage customers to select from a range of suitable product options presented to them.

 

GENERAL TERMS AND CONDITIONS OF TRADE


1. Contract of Engagement

 

1.1 By engaging Kirk's Property Maintenance ("KPM") to perform services and/or supply materials ("Goods"), You ("the Customer") agree to be bound by the following terms and conditions.

 

1.2 Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all payments due to KMP.


2. Warranty and liability

 

2.1 The Customer agrees that it must within seven days of the date of delivery or completion of the works, give written notice to KPM, with particulars of any claim that the works are defective or not in accordance with the agreement between the KPM staff representative and the Customer. In the event that the Customer fails to give such notice within the said period, then to the full extent permitted by law, the works are deemed to have been accepted by the Customer and all claims by the Customer against KPM for the works are extinguished and the Customer must pay KPM for the works.


2.3 In the event of the Customer being reasonably unsatisfied with the works completed, the Customer agrees to allow KPM staff the opportunity to rectify the said works. Where the Customer refuses or otherwise prevents KPM from rectifying the works within 7 days of advising KPM in writing of the particulars of any defect, to the full extent permitted by law, KPM shall not be liable to the Customer and the Customer must pay all invoices in full to KPM.  


2.4 The Customer expressly acknowledges and agrees that it has not relied upon, and KPM are not liable for any advice given by KPM, its servants, agents, representatives or employees in relation to the suitability for any purposes of the works.


2.5 To the full extent permitted by law, all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the works are hereby excluded, and to the full extent permitted by law, KPM will be under no liability to the Customer for any damages (including but not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply or use of the works howsoever arising, even if due to KPM’s negligence, or the negligence of KPM servants, agents, sub-contractors or suppliers.


2.6 These terms and conditions do not affect the rights, entitlements and remedies compulsorily conferred on the Customer under the Competition and Consumer Act 2010 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.

 

2.7 In the event that liability cannot be excluded, to the fullest extent permitted by law, KPM’s liability to the Customer shall be restricted at KPM’s option to a refund of the invoiced amounts paid by the Customer to KPM, or replacement of the works.

 

3. Retention of Title

 

3.1 KPM will retain title to (but not risk in) Goods delivered to the Customer or installed on behalf of the Customer until KPM has received full payment for them and all other sums owing to it by the Customer.


3.2 KPM’s right to retain title does not affect its rights as an unpaid service provider.

 

3.3 If the Customer, fails to make any payment to KPM when due, KPM is entitled, and the Customer grants KPM a licence, to enter the Customer’s premises and land where the Goods are situated with or without notice and to re-take possession of and remove, at the Customer’s cost and expenses, the Goods in respect of which title has not passed to the Customer. KPM shall be entitled to use the Customer’s name and to act on the Customer’s behalf in exercising these rights and is not liable for any costs, losses, damages or other expenses suffered by the Customer or any third party in respect of KPM’s retaking possession and removing of Goods. The Customer acknowledges that KPM is entitled to remove the Goods even if such removal would result in damage to a structure and the Customer acknowledges that KPM will not be liable to the Customer for such damage, howsoever arising.

 

4. Payment of deposits and accounts


4.1 A deposit payment of minimum 20% is required to be paid by the client to KPM’s nominated bank account at the time of job booking and must be received before any works commence.

 

4.2 Unless otherwise agreed in writing, the Customer must pay the invoices for all Goods and Services (collectively known as "the works") and any other charges as invoiced, at the time that the invoice is issued to the Customer, which is normally immediately upon job completion. The Customer must pay all invoices in full.

 

4.3 Unless otherwise agreed, full payment must be received and cleared in KPM’s nominated bank account within 7 days of the due date as specified on the invoice. Late payment fees shall be applied to all overdue accounts. Late fees shall be calculated at +0.1% of total balance owing per day overdue, beginning 7 days from invoice due date.

 

4.5 The Client shall not be entitled to set off against or deduct from the total of the invoiced amount any sums owed or claimed to be owed to the Client for KPM.

 

4.6 Should the client wish to make claim for any such adjustment to be made to the amount owed to KPM by the Client, written notification of such claim must be received by KPM within 7 days of invoice due date. Should an adjustment request be accepted by KPM, a new revised invoice will be issued by KPM to the client and written notification will be made by KPM to the client making void the original invoice. Unless such written communication is made by KPM confirmation adjustment/revision of the invoiced amount, the original invoice remains intact and the client is liable to pay the full amount of the original invoice within 7 days or receiving written notification from KPM regarding the outcome of the Client’s invoice adjustment claim request. Late payment fees may be applied to the outstanding account from this date forward in accordance with provision 4.3 of this document.

 

4.4 If the Customer, fails to make any payment to KPM when due, the Customer agrees to pay all KPM’s costs of recovering or attempting to recover from the Customer all outstanding fees and charges, including any mercantile agent’s costs and legal costs on a full indemnity basis.

 

5. Cancellation of scheduled works


5.1 KPM may cancel this contract at any time before the delivery of goods or services by giving written notice issued via email. KPM shall not be liable for any loss or damage whatsoever arising from such cancellation.


5.3 The Client may cancel the Works within 5 days of appointing KPM to undertake the work subject to a cancellation fee 20% of the total value of the “Works” as specified on the approved quote.


5.4 A refund of deposit amount paid by the Client to KPM for any cancellation of scheduled “Works”; may or may not be returned to the client at the sole discretion of KPM or its agents, employees, suppliers or subcontractors.


5.5 In the event that the client wishes to cancel the scheduled “Works”, then the Client shall be liable for all reasonable costs incurred by KPM up to the time of, or as a direct result of the cancellation.

 

6. Credit information collection and reporting


6.1 The client agrees for KPM or other agent appointed by KPM for the purpose of accounts management to obtain a credit reporting agency and a credit report containing personal credit information about the Client in relation to credit provided by KPM for provision of goods and services (the Works).

 

6.2 The Client agrees that KPM or its appointed agents may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
                a) to asses a credit application by the Client; and/or
                b) to notify other credit providers of a default by the Client; and/or
                c) to exchange information with other credit providers as to the status of this credit account, where the client is in default with other credit providers; and/or
                d) to asses the credit worthiness of the Client
                The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

 

7. General

 

7.1 These terms and conditions will be governed by the laws of the state of Victoria and the parties submit to the jurisdiction of this state.

 

7.2 If any provision of this Agreement is judged invalid, void, illegal or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.

 

7.3 KPM shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by KPM of this contract.

 

7.4 These terms and conditions constitute the entire agreement between the parties.