The Trustee for the Germain Financial Trust Trading as Power Cleaning Victoria ABN 77 85 014 865

Terms and Conditions

Our terms and conditions were last updated on 13 August 2024.

Please read these terms and conditions carefully before using our services.

Definitions

For the purposes of this document:

Agreement means the agreement between the Customer and the Supplier for the Services the terms of which are set out in the Quotation and this document (including any variation agreed between the Supplier and Customer in accordance with clause 44 and 45).

Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment,

damage, loss, injury, 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;

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available from Supplier or Customer regardless of the form of that content.

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 for the Services and which is provide 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 Germain Financial Trust trading as Power Cleaning Victoria (also known as PCV) (ABN: 77485014865)

General

1.     This Agreement is binding between the Customer and the Supplier from the date of acceptance of the Quotation by the Customer. The Customer can accept the Quotation by signing the Quotation and returning it to the Supplier, or by replying to the Supplier via text message or email that the Customer accepts the Quotation.

2.     The Supplier may require the Customer to pay a deposit on acceptance of the quotation.  If a deposit is required but not paid, then the Customer has not validly accepted the Quotation, and the Supplier is not obliged to perform any Services.

3.     In the instance where no deposit has been paid prior to commencement of works, full payment is required and cleared funds on the day of service prior to the Supplier leaving the site or returning the service (goods). This is circumstance is pending approval from the Supplier to the Customer in writing.

4.     Any Quotation provided by the Supplier is only valid for 21 days from the date of the Quotation.

5.     Subject to the Supplier accepting a valid Quotation, the Supplier agrees to perform the Services, and the Customer agrees to make payment for the Services on the terms of this Agreement.

Payment

6.     The Customer must make payment/s to the Supplier in the amounts and at the times stated in the Quotation unless the Supplier agrees in ad hoc circumstances that payment in full is sufficient as per clause 3.

7.     The Supplier is not obliged to perform the Services unless the Customer has complied with clause 5.

8.     Unless otherwise stated all amounts quoted by the Supplier in this document and the Quotation are 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.  Fixed prices include amount quoted by the Supplier. Variable prices are additional costs due to change in scope of service than those described be the customer, additional requests by Customer, and as per clause 23.

11.  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.

12.  Unless otherwise stated in the Quotation hiring labour, machines, plants, and equipment are excluded in the price and may be subject to change. The Customer will be informed of the price change if required prior to Service continuing.

13.  Any invoice for payment from the Supplier to the Customer is due and payable on delivery of the Service where a deposit has not been paid. Any overdue amounts will attract interest in accordance with clause 38.

14.  Each invoice referred to in clause 11 will refer to the Site where the Services were provided, a description of the Services performed and a total amount due and payable by the Customer.

15.  Invoices can be paid by bank cheque, bank transfer or cash.

16.  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

17.  The Customer acknowledges that the usual hours of work that the Supplier is to perform the Services are Monday to Friday from 7am to 6pm (“the Day Shift”).

18.   If the Customer requires that the Supplier performs any Services outside of the hours specified at clause 15, the Supplier is 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 of the Supplier who is performing the Services; and

      c) additional chemicals and waste disposal charges as per Service requested.

19.  If 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.

20.  If the Customer fails to comply with the time limits provided for at clause 17, the Customer will be liable for a cancellation fee of $250.00.

21.  The Customer acknowledges that the cost of the Supplier attending the site is included in the Quotation provided to the Customer however, if the Supplier is required to attend the site more times than that described in the Quotation, the Customer will be liable for an amount of $500.00 for each extra site visit by the Supplier.

22.  If the Supplier attends the Site and the Supplier is unable to perform the Services due to the acts or omissions of the Customer or any other third party, the Customer will be liable for an amount of $110.00 per hour pro rata, per employee of the Supplier in attendance at the Site, until the Supplier can commence the Services.

Excluded Amounts

23.    The Customer agrees that the following are 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 Vic Roads;

(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 Customer requires that any of the above are required to be attended to by the Supplier, those additional works will be provided at an additional cost to the Customer in writing and must be accepted by the Customer in accordance with clause 1.

Customer Warranties

24.  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 Services without being required to pay any compensation to the Customer or any other person. Any fees payable in respect of water use connected with the Services must be paid by the Customer;

(b) Drains of the Site are free from blockage;

(c) Supplier has the right to use the on-site power source/ supply for the duration or completion of the Services without being required to pay any compensation to the Customer or any other person. Any fees due in respect of the use of power supply used in connection with the Services must be paid by the Customer;

(d) External powered lights or electric equipment are appropriately IP rated for environmental conditions such as rain;

(e) The surface the subject of the Services will be free from defects before the Services commence;

(f) All properties, dwellings or structures including receptacles and light fixtures that may be impacted by the Services will be in good repair and weather tight;

(g) The Customer 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;

(h) It is lawfully entitled to request and accept the Services provided by the Supplier at the Site;

(i) The Site is not dangerous or unsafe so as to occasion any injury to the Supplier or

any employee, officer or agent of the Supplier;

(j) The Customer is responsible to keep themselves, residents and pets away for the Site during the provision of the Services and any additional period recommended by the Supplier;

(k) The Customer is responsible for notifying residents and neighbors about the potential exposure to chemicals during chemical spraying and for ensuring that residents and neighbors and prevented from direct contact with the chemical during the chemical spraying;

(l) The Customer has obtained or will obtain noise permits and late- night after hours work permits or any such other required permissions if the Services are to be performed outside the hours proscribed by any governmental authority (including without limitation, local council or Environmental Protection Authority (EPA)) as acceptable operating times for use of power tools and petrol-powered machines or plant and equipment necessary to complete the Services;

(m) It will remove BBQ’s, deck furniture, potted plants and any other items from the Site prior to the commencement of the Services;

(n) It will provide the Supplier with any relevant documentation relating to Services that the Supplier would reasonably require in connection with performing the Services; and

(o) It has all rights, powers and authorities to necessary to enter into this Agreement and comply with its obligations under this Agreement.

Refusal of Services

25.  The Supplier reserves the right to refuse to perform the Services on Site where, in the opinion of the Supplier, the Site is unsafe, or the Services will cause damage to the Site.

26.  On notification by the Supplier to the Customer that the Site is unsafe or unsuitable and that the Services cannot proceed pursuant to clause 23, the Customer may take any action necessary to remedy the defects so that the Supplier is satisfied that the Site safe and suitable.  The Customer will be liable for any additional costs incurred by the Supplier in connection with the rectification or delay including, without limitation, any costs as detailed in clause 20.

Product Warranty and Safety

27.  The Supplier provides no warranties in connection with the Services other than those warranties that cannot be excluded at law and those warranties provided by any third-party manufacturer of the product used by the Supplier.

28.  If the Customer has any concern about the product, it must be raised with the Supplier prior to the commencement of the Service.

29.  Cleaning products used in the Services may cause skin irritation, itchy sore or stinging eyes. Affected areas must be washed with clean water and the Customer or affected individual must seek medical advice.

Indemnity

30.  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 with the Services including, without limitation:

(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) Electrical shortage or fire due to the water spray or drip water into outdoor electric equipment;

(c) Delay in performing Services due to the weather conditions;

(d) Damage 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 or degraded cladding/siding, loose or cracked tiles, pavers, bricks or timbers;

(g) Damage to 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;

(i) Tiles or other items that are become loose, dislodge, separated 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 revealed 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 performance of the Services 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) Any third-party claim against the Supplier in performing the Services or while acting under the direction of the Customer; 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.

31.  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

32.   To the maximum extent permitted by law, the Liability of the Supplier to the Customer in connection with the Services is limited to the lesser amount of:

(a) The re-supply of the Services; or

(b) The payment of the cost of having the Services re-supplied.

33.  The Supplier will not be liable to the Customer for any Consequential Loss.

Jurisdiction

34.  The Customer agrees that this Agreement will be governed by the laws of Victoria, and the laws of the Commonwealth of Australia which are in force in Victoria.

35.  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.

36.  The parties to this Agreement submit to the non-exclusive jurisdiction of the courts of Victoria and the relevant state and federal courts and courts competent to hear appeals from those courts.

Corporations

37.  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

38.  A waiver of any provision or breach of this Agreement by the Supplier must be made by the Supplier, or its authorised representative, in writing. A waiver of any provision or breach of this Agreement by the Customer must be made by the Customer or its authorised representative in writing.

Costs

39.  The Customer must pay all costs incurred by the Supplier relating to any default of this Agreement by the Customer.

40.   The Customer will pay the Supplier’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, 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

41.  The interest rate payable on any outstanding amounts due from the Customer to the Supplier is the rate fixed by the Attorney General under section 2 of the Penalty Interest Act 1983.

Set-off

42.  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.

Severance

43.  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.

44.  If any part of this Agreement is invalid or unenforceable, that part is deleted and the remainder of the Agreement remains effective.

Variation

45.  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.  If the Customer does not agree to the amendment the Customer may terminate this Agreement without penalty. However, if the Customer does not provide notice of termination under this clause 43 within 14 days of receiving notice of the variation or amendment then the Customer will be deemed to have accepted the variation or amendment which will be effective from the expiration of the 14 day period.

46.  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

47.  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.

48.  The 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 the Customer’s responsibility to ensure that all windows are in good repair and watertight.

49.  The 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

50.  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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