Pressure cleaning and sealing Perth
ABN 59714946865
In these Terms and Conditions:
Agreement means this document and any
variation between the Supplier and Customer
in accordance with clause 42 and 43;
Claim includes a claim, notice, demand, action,
proceeding, litigation, investigation, judgment,
damage, loss, cost, expense or liability under or
in connection with this agreement, whether
present, unascertained, immediate, future or
contingent, whether based in contract, tort or
statute and whether involving a third party or a
party to this Agreement;
Consequential Loss means special or indirect
Loss, including (without limitation) loss of
profit, loss of goodwill, loss of business
reputation, loss of future reputation or adverse
publicity, loss of opportunity, loss of contract
or damage to credit rating;
Customer means the person or body corporate
who has engaged the Supplier to provide the
Services;
Liability includes all liabilities (whether actual,
contingent or prospective), losses, damages,
costs and expenses of whatever description.
Quotation means the quotation provided by
the Supplier to the Customer
contemporaneously with this Agreement;
Services means the services as detailed in the
Quotation;
Site means the location where the Services are
to be provided by the Supplier;
Supplier means Pressure cleaning and sealing Perth ABN 59714946865
4. The Supplier agrees to perform the
Services and the Customer agrees to make
payment for the Services subject to the
terms of this Agreement.
5. The Supplier and its related bodies
corporate (as that term is defined in the
Corporations Act 2001) may, at any time,
unilaterally vary this Agreement in its
absolute and unfettered discretion.
Payment
General
1. This Agreement is binding between the
Customer and the Supplier from the date
of execution of the Quotation. Customer
may accept the quotation by signing the
quotation or replying via text message or
email.
2. Deposit may be required to pay on
acceptance of the quotation.
3. Any Quotation provided by Supplier is only
6. The Customer must make payment in full to
the Supplier in accordance with any amount
stated in the Quotation of the Supplier.
7. The Supplier is not obliged to perform the
Services unless any payment referred in
clause 6 has been made.
8. Unless otherwise stated all prices quoted by
the Supplier are net, exclusive of Goods and
Services Tax (GST).
9. Prices quoted are those at the date of issue
of Quotation and may be subject to change.
10. Price quotations can be based on day shift,
night shift, public holiday rate, per square
meter, per project/job, per hour, call outs
and emergency works.
11. Unless otherwise stated in the Quotation
hiring labour, machines, plants, and
equipment are excluded in the Price.
12. Any invoice for payment from the Supplier to
the Customer is due and payable upon
completion of the Service (Following the
reduction of deposit). Any unpaid amounts
may attract interest in accordance with
clause 39.
13. Each invoice referred to in clause 12 will
contain the location where the Services took
place, a description of the Services performed
and a total amount due and payable by the
Customer.
14. Invoices can be paid by bank cheque, credit
card payment, bank transfer or cash. Supplier
Page 1 of 5 does not accept personal cheques as a
method of payment.
15. If applicable, the Supplier is not obliged to
provide the Customer with a copy of any
invoices between the Supplier and any third
party where the costs of that third party are
included in an invoice of the Supplier.
Hours of Work and Other Fees
16. The Customer acknowledges that the usual
hours of work that the Supplier is to perform
the Services are Monday to Friday from 6am
to 6pm (“the Day Shift”).
17. In the event the Supplier is required to
perform the Services outside of the hours
specified at clause 16, the Supplier shall be
entitled to charge an additional amount to
the Customer as follows:
a) Call out fee of $250.00;
b) $200.00 per hour for each employee; and
c) Chemicals and waste disposal charges.
18. In the event the Customer seeks to cancel the
attendance on site by the Supplier on a
particular day, the Customer must notify the
Supplier on or before 12.00pm on the
preceding day if the Day Shift is to be
cancelled.
19. Should the Customer fail to comply with the
time limits provided for at clause 18, the
Customer shall be liable for a cancellation fee
in the amount of $250.00.
20. The Customer acknowledges that the cost of
the Supplier attending the site is included in
the Quotation provided to the Customer
however, in the event the Supplier is required
to attend the site more times than that
described in the Quotation, the Customer
shall be liable for an amount of $500.00 for
each extra site visit by the Supplier.
21. In the event the Supplier attends the Site and
the Supplier is unable to perform the Services
due to the Customer or any other third party,
the Customer shall be liable for an amount of
$110.00 per hour pro rata, per employee in
attendance of the Supplier, until the Supplier
can commence the Services.
Excluded Amounts
22. The Customer agrees that the following shall
be expressly excluded from the Services
unless otherwise indicated in the Quotation:
(a) Hydrant Permits;
(b) Council Permits;
(c) Working at heights, additional tagged
equipment;
(d) Road and Foot path Permits such as
Memorandum of Authorisation Permits
from Main roads Western Australia
(e) Exterior Water Supply;
(f) Cleaning of drainage and gutters;
(g) Waste disposal;
(h) Traffic Control; and
(i) Remove and replace personal contents
from the site
If the above Services are required, it will be
provided at an additional cost to the
Customer.
Customer Warranties
23. The Customer warrants that:
(a) The Supplier has the right to any on-site
water or supply required amount of
water needed for the duration or
completion of agreed Service without
any compensation;
(b) (c) Drains of the site are free from blockage;
Supplier has the right to use the on-site
power source/ supply for the duration or
completion of the Service without any
compensation;
(d) External powered lights or electric
equipment are appropriately IP rated for
environmental conditions such as rain;
(e) The surface will be free from defects
before the Services commence;
(f) All properties, dwellings or structures
including receptacles and light fixtures to
be in good repair and weather tight.
(g) It will provide instructions to the
Supplier for the supply of the Services
that in the Supplier’s opinion adequately
describe the nature of the Services
required by the Customer;
Page 2 of 5(h) It is the lawfully entitled to accept the
Services provided by the Supplier or has
authority to act on behalf of the lawful
owner of the Site where the Services are
to take place;
(i) The Site is not dangerous or unsafe so as
to occasion any injury to the Supplier or
any staff of the Supplier;
(j) The Customer is responsible to keep
themselves, residents and pets away for
the site to provide safe environment to
the residents and pets;
(k) The Customer is responsible to avoid
residents or neighbors from direct
contacting the chemical during the
chemical spraying;
(l) Customer obtains Noise permits and
late- night after hours work permits, if
the Service is to be performed after
standard operating hours of
Environmental Protection Authority
(EPA) operating times for use of power
tools and petrol-powered machines or
plant and equipment necessary to
complete the Service;
(m) Customer remove and replace BBQ’s,
deck furniture, potted plants and any
other items from the site;
(n) It will provide the Supplier with any
relevant documentation relating to
service to the Supplier would reasonably
require performing the Services; and
(o) Customer has all rights, powers and
authorities to necessary to enter into
this Agreement and comply with its
obligations under this Agreement.
Refusal of Services
24. The Supplier reserves the right to refuse to
perform the Services where the Supplier is
required to attend the Site where, in the
opinion of the Supplier, if Site is unsafe.
25. On notification by the Supplier to the
Customer that the Site is unsafe, and Services
cannot proceed pursuant to clause 24, the
Customer may remedy the Site, to the
satisfaction of the Supplier to render the Site
safe but will be liable for the costs as detailed
in clause 21.
Product Warranty and Safety
26. All warranties are limited to warrantied
provided by the manufacturer of the product
used by the Supplier. If the Customer has any
concern about the product, it must be raised
with the Supplier prior to the
commencement of the Service.
27. Cleaning products used in the Service may
cause skin irritation, itchy sore or stinging
eyes which needs to be washed with cleaned
water and seek medical advice.
Indemnity
28. The Customer agrees to indemnify and keep
the Supplier indemnified in respect of any
Claim made against the Supplier whether
incurred during or after the termination of
this Agreement arising directly or indirectly
from or in connection to:
(a) Pooling of water of the interior or
exterior due to leaking walls, windows,
left open doors, gaps, cavities, poor
seals, poor or blocked drainage;
(b) Causing electricity shortage or fire due to
the water spray or drip water into
outdoor electric equipment;
(c) Delay in performing Service due to the
weather conditions;
(d) Damages due to water infiltration due to
poor installation. Maintenance or repair
of electrical related items doors or
windows;
(e) Damage to the furniture such as BBQ,
deck furniture and potted plants in
removing and replacing to the site;
(f) Damage due to improperly installed
cladding/siding, loose or cracked tiles,
pavers, bricks or timbers;
(g) Damage to the windows, improperly
sealed windows and doors, wood rot,
defective constructions, unsecured wire
or switches or electrical assets, loose or
improperly installed gutters and
caulking;
(h) Color fading due to weather conditions
on vinyl, aluminum or timber;
Page 3 of 529. (i) Tiles or other items that are become
loose, dislodge, separate during any
cleaning process;
(j) Any fading, flaking, peeling, cracking,
bleeding of paints, oils, solvents or any
other water base or chemical products
used;
(k) Any signs of imperfections of age of
surface reveal during the cleaning
process and stains that may remain on
the surface due to coverage of the
surface from dirt, mould, algae, mildew
and leaf and other coverings that may
have or may have contributed to the
covered area;
(l) Alarm activation during the service is
performed by the supplier at the Site;
(m) Any breach by the Customer of its
obligations under this Agreement;
(n) Any damage to the site where the
Supplier has acted in accordance with
the Customer’s instructions;
(o) Any injury or death suffered by the
Supplier or Customer in connection with
carrying out this Agreement;
(p) A third-party claim against the Supplier
or while acting under the direction of the
Customer that results in loss, damage or
injury during the term of this
Agreement; and
(q) Any negligent or willful act or omission
by the Customer;
except to the extent that the Claim has been
caused by the Supplier’s negligence, or a
willful act or omission of the Supplier.
This indemnity includes, but is not limited to,
any legal fees and expenses the Supplier
incurs in order to enforce its rights, on a full
indemnity basis or as taxed by a court of
competent jurisdiction
Limitation of Liability
30. To the maximum extent permitted by law,
the Liability of the Supplier is limited to the
lesser amount of the following:
(a) The re-supply of the Services; or
(b) The payment of the cost of having the
31. Services re-supplied.
For the avoidance of doubt, the Supplier shall
not be liable for any Consequential Loss
claimed by the Customer.
Jurisdiction
32. 33. 34. The Customer agrees that this Agreement
will be governed by the laws of Western Australia , and
the laws of the Commonwealth of Australia
which are in force in Western Australia.
The Customer agrees that any contract for
the supply of goods or services between the
Supplier and the Customer is formed at the
address of the Supplier.
The parties to this Agreement submit to the
non-exclusive jurisdiction of the courts of
Western Australia and the relevant state and federal
courts and courts competent to hear
appeals from those courts.
Corporations
35. If the Customer is a corporation, the
Customer warrants that all of its directors
have agreed to be bound by this Agreement
and that all of its directors will, if required
by the Supplier, enter into a guarantee and
indemnity with the Supplier in relation to
the Customer's obligations to the Supplier.
Waiver
36. A waiver of any provision or breach of this
Agreement by the Supplier must be made by
an authorised officer of the Supplier in
writing. A waiver of any provision or breach
of this Agreement by the Customer must be
made by the Customer's authorised officer in
writing.
Costs
37. The Customer must pay all costs incurred by
the Supplier relating to any default by the
Customer.
38. The Customer will pay the Supplier’s costs and
disbursements incurred in pursuing any
recovery action, or any other claim or remedy,
Page 4 of 5 against the Customer, including debt
recovery fees and legal costs on a full
indemnity basis. Such costs and
disbursements will be due and payable by the
Customer to the Supplier irrespective of
whether pursuit of the recovery action, claim
or remedy is successful.
Interest rates
39. The interest rate on any outstanding debts due to the Supplier shall be the rate prescribed by the Civil Judgments Enforcement Regulations 2005 (WA) for interest on judgment debts, calculated daily, unless otherwise agreed in writing.
40. All payments required to be made by the
Customer to the Supplier under this
Agreement will be made free of any set-off,
or counterclaim and without deduction or
withholding.
41. Any amount due to the Supplier may be
deducted from any monies which may be or
may become payable to the Customer by the
Supplier.
Severance
42. If any provision of this Agreement is not
enforceable in accordance with its terms,
other provisions which are self-sustaining
are, and continue to be, enforceable in
accordance with their terms.
43. If any part of this Agreement is invalid or
unenforceable, that part is deleted and the
remainder of the Agreement remains
effective.
Variation
44. The Customer agrees that these terms and
conditions may be varied, added to, or
amended by an authorised officer of the
Supplier at any time by written notice to the
Customer.
45. Any proposed variation to these terms and
conditions by the Customer must be
requested in writing. The Supplier may refuse
any such request without providing reasons
either orally or in writing.
Exclusion
46. Some stains (such as tree sap, artillery
fungus, splatters from stains, oils and paints)
cannot be removed by pressure washing, soft
washing, general wiping, soaping scrubbing
or using chemicals.
47. Supplier will not be responsible for water
ingress in windows (such as double-glazed
windows, doors, double glazed glass panels)
where the windows are not in good repair or
watertight. It is Customer’s responsibility to
ensure that all windows are in good repair
and watertight.
48. Supplier is not responsible for discoloration
or imperfection following the cleaning due to
the properties of the materials (such as
stone, pavers, concrete, timber), age of the
wood and weather.
Entire Agreement
49. This Agreement constitutes the entire
Agreement between the parties relating in
any way to its subject matter. All previous
negotiations, understandings,
representations or warranties about the
subject matter of this Agreement are
merged in this Agreement and are of no
further effect. No oral explanation or
information provided by a party to another
affects the meaning or interpretation of this
Agreement or constitutes any collateral
Agreement, warranty or understanding.
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Pressure cleaning and sealing Perth
ABN 59714946865
In these Terms and Conditions:
Agreement means this document and any
variation between the Supplier and Customer
in accordance with clause 42 and 43;
Claim includes a claim, notice, demand, action,
proceeding, litigation, investigation, judgment,
damage, loss, cost, expense or liability under or
in connection with this agreement, whether
present, unascertained, immediate, future or
contingent, whether based in contract, tort or
statute and whether involving a third party or a
party to this Agreement;
Consequential Loss means special or indirect
Loss, including (without limitation) loss of
profit, loss of goodwill, loss of business
reputation, loss of future reputation or adverse
publicity, loss of opportunity, loss of contract
or damage to credit rating;
Customer means the person or body corporate
who has engaged the Supplier to provide the
Services;
Liability includes all liabilities (whether actual,
contingent or prospective), losses, damages,
costs and expenses of whatever description.
Quotation means the quotation provided by
the Supplier to the Customer
contemporaneously with this Agreement;
Services means the services as detailed in the
Quotation;
Site means the location where the Services are
to be provided by the Supplier;
Supplier means Pressure cleaning and sealing Perth ABN 59714946865
4. The Supplier agrees to perform the
Services and the Customer agrees to make
payment for the Services subject to the
terms of this Agreement.
5. The Supplier and its related bodies
corporate (as that term is defined in the
Corporations Act 2001) may, at any time,
unilaterally vary this Agreement in its
absolute and unfettered discretion.
Payment
General
1. This Agreement is binding between the
Customer and the Supplier from the date
of execution of the Quotation. Customer
may accept the quotation by signing the
quotation or replying via text message or
email.
2. Deposit may be required to pay on
acceptance of the quotation.
3. Any Quotation provided by Supplier is only
6. The Customer must make payment in full to
the Supplier in accordance with any amount
stated in the Quotation of the Supplier.
7. The Supplier is not obliged to perform the
Services unless any payment referred in
clause 6 has been made.
8. Unless otherwise stated all prices quoted by
the Supplier are net, exclusive of Goods and
Services Tax (GST).
9. Prices quoted are those at the date of issue
of Quotation and may be subject to change.
10. Price quotations can be based on day shift,
night shift, public holiday rate, per square
meter, per project/job, per hour, call outs
and emergency works.
11. Unless otherwise stated in the Quotation
hiring labour, machines, plants, and
equipment are excluded in the Price.
12. Any invoice for payment from the Supplier to
the Customer is due and payable upon
completion of the Service (Following the
reduction of deposit). Any unpaid amounts
may attract interest in accordance with
clause 39.
13. Each invoice referred to in clause 12 will
contain the location where the Services took
place, a description of the Services performed
and a total amount due and payable by the
Customer.
14. Invoices can be paid by bank cheque, credit
card payment, bank transfer or cash. Supplier
Page 1 of 5 does not accept personal cheques as a
method of payment.
15. If applicable, the Supplier is not obliged to
provide the Customer with a copy of any
invoices between the Supplier and any third
party where the costs of that third party are
included in an invoice of the Supplier.
Hours of Work and Other Fees
16. The Customer acknowledges that the usual
hours of work that the Supplier is to perform
the Services are Monday to Friday from 6am
to 6pm (“the Day Shift”).
17. In the event the Supplier is required to
perform the Services outside of the hours
specified at clause 16, the Supplier shall be
entitled to charge an additional amount to
the Customer as follows:
a) Call out fee of $250.00;
b) $200.00 per hour for each employee; and
c) Chemicals and waste disposal charges.
18. In the event the Customer seeks to cancel the
attendance on site by the Supplier on a
particular day, the Customer must notify the
Supplier on or before 12.00pm on the
preceding day if the Day Shift is to be
cancelled.
19. Should the Customer fail to comply with the
time limits provided for at clause 18, the
Customer shall be liable for a cancellation fee
in the amount of $250.00.
20. The Customer acknowledges that the cost of
the Supplier attending the site is included in
the Quotation provided to the Customer
however, in the event the Supplier is required
to attend the site more times than that
described in the Quotation, the Customer
shall be liable for an amount of $500.00 for
each extra site visit by the Supplier.
21. In the event the Supplier attends the Site and
the Supplier is unable to perform the Services
due to the Customer or any other third party,
the Customer shall be liable for an amount of
$110.00 per hour pro rata, per employee in
attendance of the Supplier, until the Supplier
can commence the Services.
Excluded Amounts
22. The Customer agrees that the following shall
be expressly excluded from the Services
unless otherwise indicated in the Quotation:
(a) Hydrant Permits;
(b) Council Permits;
(c) Working at heights, additional tagged
equipment;
(d) Road and Foot path Permits such as
Memorandum of Authorisation Permits
from Main roads Western Australia
(e) Exterior Water Supply;
(f) Cleaning of drainage and gutters;
(g) Waste disposal;
(h) Traffic Control; and
(i) Remove and replace personal contents
from the site
If the above Services are required, it will be
provided at an additional cost to the
Customer.
Customer Warranties
23. The Customer warrants that:
(a) The Supplier has the right to any on-site
water or supply required amount of
water needed for the duration or
completion of agreed Service without
any compensation;
(b) (c) Drains of the site are free from blockage;
Supplier has the right to use the on-site
power source/ supply for the duration or
completion of the Service without any
compensation;
(d) External powered lights or electric
equipment are appropriately IP rated for
environmental conditions such as rain;
(e) The surface will be free from defects
before the Services commence;
(f) All properties, dwellings or structures
including receptacles and light fixtures to
be in good repair and weather tight.
(g) It will provide instructions to the
Supplier for the supply of the Services
that in the Supplier’s opinion adequately
describe the nature of the Services
required by the Customer;
Page 2 of 5(h) It is the lawfully entitled to accept the
Services provided by the Supplier or has
authority to act on behalf of the lawful
owner of the Site where the Services are
to take place;
(i) The Site is not dangerous or unsafe so as
to occasion any injury to the Supplier or
any staff of the Supplier;
(j) The Customer is responsible to keep
themselves, residents and pets away for
the site to provide safe environment to
the residents and pets;
(k) The Customer is responsible to avoid
residents or neighbors from direct
contacting the chemical during the
chemical spraying;
(l) Customer obtains Noise permits and
late- night after hours work permits, if
the Service is to be performed after
standard operating hours of
Environmental Protection Authority
(EPA) operating times for use of power
tools and petrol-powered machines or
plant and equipment necessary to
complete the Service;
(m) Customer remove and replace BBQ’s,
deck furniture, potted plants and any
other items from the site;
(n) It will provide the Supplier with any
relevant documentation relating to
service to the Supplier would reasonably
require performing the Services; and
(o) Customer has all rights, powers and
authorities to necessary to enter into
this Agreement and comply with its
obligations under this Agreement.
Refusal of Services
24. The Supplier reserves the right to refuse to
perform the Services where the Supplier is
required to attend the Site where, in the
opinion of the Supplier, if Site is unsafe.
25. On notification by the Supplier to the
Customer that the Site is unsafe, and Services
cannot proceed pursuant to clause 24, the
Customer may remedy the Site, to the
satisfaction of the Supplier to render the Site
safe but will be liable for the costs as detailed
in clause 21.
Product Warranty and Safety
26. All warranties are limited to warrantied
provided by the manufacturer of the product
used by the Supplier. If the Customer has any
concern about the product, it must be raised
with the Supplier prior to the
commencement of the Service.
27. Cleaning products used in the Service may
cause skin irritation, itchy sore or stinging
eyes which needs to be washed with cleaned
water and seek medical advice.
Indemnity
28. The Customer agrees to indemnify and keep
the Supplier indemnified in respect of any
Claim made against the Supplier whether
incurred during or after the termination of
this Agreement arising directly or indirectly
from or in connection to:
(a) Pooling of water of the interior or
exterior due to leaking walls, windows,
left open doors, gaps, cavities, poor
seals, poor or blocked drainage;
(b) Causing electricity shortage or fire due to
the water spray or drip water into
outdoor electric equipment;
(c) Delay in performing Service due to the
weather conditions;
(d) Damages due to water infiltration due to
poor installation. Maintenance or repair
of electrical related items doors or
windows;
(e) Damage to the furniture such as BBQ,
deck furniture and potted plants in
removing and replacing to the site;
(f) Damage due to improperly installed
cladding/siding, loose or cracked tiles,
pavers, bricks or timbers;
(g) Damage to the windows, improperly
sealed windows and doors, wood rot,
defective constructions, unsecured wire
or switches or electrical assets, loose or
improperly installed gutters and
caulking;
(h) Color fading due to weather conditions
on vinyl, aluminum or timber;
Page 3 of 529. (i) Tiles or other items that are become
loose, dislodge, separate during any
cleaning process;
(j) Any fading, flaking, peeling, cracking,
bleeding of paints, oils, solvents or any
other water base or chemical products
used;
(k) Any signs of imperfections of age of
surface reveal during the cleaning
process and stains that may remain on
the surface due to coverage of the
surface from dirt, mould, algae, mildew
and leaf and other coverings that may
have or may have contributed to the
covered area;
(l) Alarm activation during the service is
performed by the supplier at the Site;
(m) Any breach by the Customer of its
obligations under this Agreement;
(n) Any damage to the site where the
Supplier has acted in accordance with
the Customer’s instructions;
(o) Any injury or death suffered by the
Supplier or Customer in connection with
carrying out this Agreement;
(p) A third-party claim against the Supplier
or while acting under the direction of the
Customer that results in loss, damage or
injury during the term of this
Agreement; and
(q) Any negligent or willful act or omission
by the Customer;
except to the extent that the Claim has been
caused by the Supplier’s negligence, or a
willful act or omission of the Supplier.
This indemnity includes, but is not limited to,
any legal fees and expenses the Supplier
incurs in order to enforce its rights, on a full
indemnity basis or as taxed by a court of
competent jurisdiction
Limitation of Liability
30. To the maximum extent permitted by law,
the Liability of the Supplier is limited to the
lesser amount of the following:
(a) The re-supply of the Services; or
(b) The payment of the cost of having the
31. Services re-supplied.
For the avoidance of doubt, the Supplier shall
not be liable for any Consequential Loss
claimed by the Customer.
Jurisdiction
32. 33. 34. The Customer agrees that this Agreement
will be governed by the laws of Western Australia , and
the laws of the Commonwealth of Australia
which are in force in Western Australia.
The Customer agrees that any contract for
the supply of goods or services between the
Supplier and the Customer is formed at the
address of the Supplier.
The parties to this Agreement submit to the
non-exclusive jurisdiction of the courts of
Western Australia and the relevant state and federal
courts and courts competent to hear
appeals from those courts.
Corporations
35. If the Customer is a corporation, the
Customer warrants that all of its directors
have agreed to be bound by this Agreement
and that all of its directors will, if required
by the Supplier, enter into a guarantee and
indemnity with the Supplier in relation to
the Customer's obligations to the Supplier.
Waiver
36. A waiver of any provision or breach of this
Agreement by the Supplier must be made by
an authorised officer of the Supplier in
writing. A waiver of any provision or breach
of this Agreement by the Customer must be
made by the Customer's authorised officer in
writing.
Costs
37. The Customer must pay all costs incurred by
the Supplier relating to any default by the
Customer.
38. The Customer will pay the Supplier’s costs and
disbursements incurred in pursuing any
recovery action, or any other claim or remedy,
Page 4 of 5 against the Customer, including debt
recovery fees and legal costs on a full
indemnity basis. Such costs and
disbursements will be due and payable by the
Customer to the Supplier irrespective of
whether pursuit of the recovery action, claim
or remedy is successful.
Interest rates
39. The interest rate on any outstanding debts due to the Supplier shall be the rate prescribed by the Civil Judgments Enforcement Regulations 2005 (WA) for interest on judgment debts, calculated daily, unless otherwise agreed in writing.
40. All payments required to be made by the
Customer to the Supplier under this
Agreement will be made free of any set-off,
or counterclaim and without deduction or
withholding.
41. Any amount due to the Supplier may be
deducted from any monies which may be or
may become payable to the Customer by the
Supplier.
Severance
42. If any provision of this Agreement is not
enforceable in accordance with its terms,
other provisions which are self-sustaining
are, and continue to be, enforceable in
accordance with their terms.
43. If any part of this Agreement is invalid or
unenforceable, that part is deleted and the
remainder of the Agreement remains
effective.
Variation
44. The Customer agrees that these terms and
conditions may be varied, added to, or
amended by an authorised officer of the
Supplier at any time by written notice to the
Customer.
45. Any proposed variation to these terms and
conditions by the Customer must be
requested in writing. The Supplier may refuse
any such request without providing reasons
either orally or in writing.
Exclusion
46. Some stains (such as tree sap, artillery
fungus, splatters from stains, oils and paints)
cannot be removed by pressure washing, soft
washing, general wiping, soaping scrubbing
or using chemicals.
47. Supplier will not be responsible for water
ingress in windows (such as double-glazed
windows, doors, double glazed glass panels)
where the windows are not in good repair or
watertight. It is Customer’s responsibility to
ensure that all windows are in good repair
and watertight.
48. Supplier is not responsible for discoloration
or imperfection following the cleaning due to
the properties of the materials (such as
stone, pavers, concrete, timber), age of the
wood and weather.
Entire Agreement
49. This Agreement constitutes the entire
Agreement between the parties relating in
any way to its subject matter. All previous
negotiations, understandings,
representations or warranties about the
subject matter of this Agreement are
merged in this Agreement and are of no
further effect. No oral explanation or
information provided by a party to another
affects the meaning or interpretation of this
Agreement or constitutes any collateral
Agreement, warranty or understanding.