Terms and conditions

Ascot Waters Handyman Services provides customers with a guarantee on all workmanship on all "services" performed by, and covering the labour component on any job. This guarantee is valid for three months after the job completion date. All "goods" used for each project are covered by their individual product warranty and, unless able to pass on any third party warranties, we accept no liability for, or on behalf of third-party product manufacturers, nor do we accept any damage caused by these third party goods.

GENERAL TERMS AND CONDITIONS OF TRADE

1.Contract of Engagement

1.1: By engaging Ascot Waters Handyman Services ("AWHS") to perform works being defines as (“Goods”) and ("services"), you (“the Customer”) agree to be bound by the following terms and conditions.

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, with particulars of any claim that the works are defective or not as agreed. 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 against AWHS by the Customer are extinguished.

2.2: In the event of the Customer being reasonably unsatisfied with the works completed, the Customer must allow AWHS the opportunity to rectify the said works. Where the Customer refuses or otherwise prevents AWHS from rectifying the works, AWHS shall not be liable to the Customer for any goods or services source elsewhere.

2.3: The Customer expressly acknowledges and agrees that it has not relied upon, nor holds AWHS liable for any advice given, about the suitability of any goods or services, or damages arising from the goods and services.

2.4: 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 carried out are hereby excluded any liability to AWHS 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 AWHS negligence, or that of AWHS goods or suppliers.

2.5: 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.

2.6: If liability cannot be excluded, to the fullest extent permitted by law, any claim for damages will be limited to a maximum amount equivalent to the cost of the works paid for by the customer to AWHS.

3.Retention of Title

3.1: All goods supplied remain the property of AWHS, until full payment has been made by the client for all goods and services supplied to the customer.

3.2: Right of AWHS to retain ownership is not removed even if the customer has not paid for the goods and services.

3.3: If the Customer, fails to make any payment when due, AWHS are entitled, and the Customer grants AWHS permission, 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 if required. And also AWHS will not be held liable for any damage or costs or expenses suffered by the Customer or any third party in respect of AWHS retaking possession and removing these Goods.

4.Payment of deposits and accounts

4.1: A deposit payment of 30% of the estimated works. This is required to be paid by the client to AWHS nominated bank account at the time of job booking and must be received before any works commence. Where AWHS feels that the materials or goods required for the works are substantial, then AWHS may require these to be paid up front at the time of scheduling the job in.

4.2: Unless otherwise agreed in writing, the Customer must pay the invoices for all 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: Under some circumstances AWHS may allow a 7 day or 14 day account. Failure to pay within the agreed terms will accrue 1% interest per week on the outstanding amount until the full payment is seen in AWHS designated bank account.

4.4: The Customer shall not be entitled to set off against or deduct from the total of the invoiced amount any sums for any reason. The account must be paid in full.

4.5: Should the customer wish to claim any such adjustment to be made to the amount owed to AWHS, written notification of such claim must be received by AWHS within seven days of completion of the works. Should an adjustment request be accepted by AWHS, a new refund will be issued to the customer.

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

5.Cancellation of scheduled works

5.1: AWHS may cancel any works before commencement, for any reason. AWHS will not be liable for any loss or damage, or emotional distress arising from such cancellation. AWHS may stop work at any time if they feel, abused, intimidated, or otherwise feel unsafe or at risk, without any liability for uncompleted works or damaged or costs or stress caused from the uncompleted works.

5.2: The Customer may reschedule works at the agreement of AWHS, or cancel works entirely, but may risk losing any deposit amounts paid. AWHS reserve the right to do this.

6.Credit information collection and reporting

6.1: The client agrees for AWHS or other agent appointed by AWHS for accounts management to obtain information and retain such information for accounting purposes.

6.2: Credit information and customer information will be kept secure and not be given to outside parties, except in the case of unpaid moneys. Then AWHS retains the right to disclose such information.

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 Western Australia 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: AWHS shall be under no liability whatsoever to the Client for any indirect loss and expense (including loss of profit) suffered by the Client arising out of a breach by AWHS of this contract.

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