Terms & Conditions

THE SMALL JOB COMPANY & CO. TERMS AND CONDITIONS

Definitions and interpretation we advise that you please read our Terms and Conditions carefully.

Contracting AND trading as THE SMALL JOB COMPANY & CO. ABN: 62424685274 referring to the customer, selected parties or person or said persons, to agree to the terms and conditions as stipulated below. For the purpose of providing services to and or goods to a customer or said client who in accordance has placed a work order.

Definitions:

Business Day - defined as any day excluding Saturday, Sunday, a public holiday in and/or a

Commonwealth public holiday.

Business Opening Hours - defines our hours of business 07:30 AM - 04:30 PM AWST on any given business day.

Free No Obligation Quote - defined as an approx. estimated quote for requested services and or works, and provided to the client in normal working hours. If additional work is required after the quote has been accepted than a new rate will need to be discussed and agreed upon by both parties and or persons. Pricing is approx. and additional costs may apply.*Distance limits do apply.

Quotation and Invoice Details - defined as the order/quotation of services and repairs provided from the provider to the client. Quotations are valid for 30 days after this time quoted prices will need to be reviewed as supplier or materials pricing may have been increased. The provider may amend the quotation at any time should any other circumstances come forward and that are out of our control.

Services - defined as plumbing services, gas installations and maintenance. Specified in the quotation or invoice of the order details as agreed between by both of the interested parties and or persons. A minimum charge of one hour is charged per job as per normal working hours. A fuel levy may apply depending on location for Perth and surrounds. Any works requested outside of normal trading hours will incur additional costs and will need to be agreed upon by both parties or persons.

Contract - defined as an agreement between selected parties and or persons on the commencement of specific projects or services. If the relevant parties or persons accept the service quotation this will then become a legal and binding contract between both parties and or persons. Instructed in by the selected parties or persons in writing before works commence.

Deposit - on acceptance of the services/work quotation, a deposit of 30 - 50% of the services quoted may be required at time of commencement. Dependent on work circumstances. We are under no obligation to commence or undertake any services if the required deposit had not been received.

Client - defined as the selected parties or person, and or persons engaging the services of the provider The Small Job Company & Co.

Charges - defined and identified as scope of work and services provided to the client as per agreed by both parties and or persons. To added or included costs for relevant materials that have been outlined in a quotation or invoice. Materials supplied by the client should be advised on quotation and before work has commenced.

Payments

The Recipient agrees to pay an amount set out in Quotation and Final Invoice details. Time and method for payment the recipient will make payment within 7 days of completion of works unless otherwise stated. Consideration pursuant the recipient will make payment of consideration by the method prescribed in the final invoice details. If any invoice remains unpaid interest will accrue at an amount of 3% per calendar month unless a contract agreement has been made in writing.

Goods and Services Tax (GST)

Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these terms and/or its order details, are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined.

Insurance

The provider to be fully insured and transparent, as required by law.

Interpretation

References to a person and or persons include an individual, form or a body, whether incorporated or unincorporated and reference to any of the words 'include', 'includes' and 'including' is to be read as if followed by the words "without limitation”; a reference to a statute, ordinance, code or law includes regulations and other instruments under it and any consolidations, amendments, re-enactments or replacements of any of them; a reference to any party include that party's executors, administrators, substitutes, successors and permitted assigns; as participated in the negotiating and drafting of these terms and conditions.

Commencement of Services

The provider will commence the services on the said commencement date as agreed by the both parties. The provider must within 48 hours provide written notice to the client requesting additional information if all of the relevant information and material for completion of the services has not been provided for the completion of the services or project. If no written notice is provided, it is implied all relevant information and materials have been supplied.

Materials

Defined as those being supplied by the provider or selected parties, or person, or said persons, depending on scope of work or services provided. These are all classified as materials, products, replacement parts and all other relevant materials needed to prior to commencement of services.

Alterations to the Services

If the provider is required to alter the description of the Services, the Provider must first obtain written consent from selected parties, or person, or said persons.

Confidential Information defines any information that is:

Information, ideas forms, specifications, processes, statements, formulae, trade secrets, drawings and data (and copies and extracts made of or from that information and data) that is not in public domain is considered confidential information; and confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information provided.

Intellectual Property Rights

Defined as all present and future rights in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights, whether created, written, developed or brought to existence by selected parties, or person, or said persons, not limited to the provider in the provision of the services.

Warranty Period for the Services

Accordingly, upon delivery of the services, the provider agrees to review and repair any pre-existing coding errors for the first thirty (30) days after delivery at no charge to the selected parties, or person, or persons. The provider's services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure (as defined by the Australian Consumer Law).

Indemnification

The provider hereby indemnifies and agrees to keep indemnified against all liability, losses or expenses incurred by the selected parties, or person, or said persons in relation to or in any way directly or indirectly connected with any breach of service.

The Personal Property Securities Act 2009 (“PPSA”), this agreement creates a security interest in all Goods (and proceeds of Goods) in favour of the Supplier to secure the purchase price for the Goods. Following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115(7) applies, for each section of Part 4.3 of the PPSA is excluded unless the provider elects in writing to retain Part 4.3 for which the provider may elect to do either in whole or in part - to waive its right to receive notice of a verification statement in relation to registration of a security interest, and the provider may recover from the selected parties, or person, or said persons, applicable costs of doing anything under this clause 16, inclusive of registration fees.

Liability and waivers

Liability

The total liability of either party or the other for damage, loss or reliance shall be

limited to the Consideration. Neither party shall not be liable to the other for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by either

party, however caused and under any theory of liability; including, but not limited to: any loss of profit (incurred directly or indirectly), any loss of goodwill or business reputation, death or personal injury and any other intangible loss.

Waivers

A waiver of any right, power or remedy must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion. The fact that a party fails to do, or delays in doing, something the party is entitled to do does not amount to a waiver.

Severance

The provider reserves all rights to amend or review these terms and conditions as required. For any provisions or wording that are under review or become unjustifiable, all remaining conditions will be applied.

Governing Law & Jurisdiction

These terms & conditions are governed by the laws of, Australia. In the event of any dispute arising out of or in relation to the services, the provider agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in, Australia. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the dispute thereafter.