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TERMS & CONDITIONS
These Terms and Conditions (Terms) apply in relation to the completion of visual inspection of residential rental properties and assisting you regarding the completion of an ingoing condition report as a tenants of such property, noting obvious issues relating to cleanliness, damages, and general wear and tear (Services) provided by Shire Home Services ABN 85 239 323 471 (we, us, our).
1. Prices and booking
1.1 All prices for Services are as stated on our website www.shirehomeservices.com (Website) from time to time. We reserve the right to update those prices and the details of any Services at any time.
1.2 Unless otherwise agreed in writing by us, all amounts and prices are exclusive of any taxes, duties or levies (such as GST).
1.3 If you wish to add additional items to our published Services and we agree to do so, then the price will be adjusted accordingly.
1.4 To make a booking, you need to book through our Website, providing all details as we request. You warrant to us that the details you provide will be complete and correct in all respects.
1.5 Your completion of a booking form constitutes an offer by you to acquire the relevant Services from us on the basis of these Terms and we may accept or reject it or accept it on further terms.
1.6 If you are an individual, you warrant to us that you are authorised to accept these Terms on behalf of the relevant person or entity for whose benefit the booking is being made.
1.7 These Terms apply to the absolute exclusion of any purported terms or conditions on any purchase orderyou may send to us.
1.8 We may require payment of a deposit or payment in advance to commence provision of the relevant Services. You will be informed of these requirements at the time we accept your booking.
1.9 Once booked, you cannot postpone, vary or cancel a booking unless we agree in writing.
2. Our obligations
We will provide the Services to a reasonable standard of care in accordance with all applicable laws and regulations.
3. Your obligations
3.1 You must act reasonably and you must take all steps reasonably available to you to protect your own interests, including managing all risks associated with the provision of the relevant Services, includingfollowing any reasonable direction we give.
3.2 You must promptly provide access to the relevant premises and ensure that such premises are safe and free from risk of injury.
3.3 You must promptly consider and review any report or information we may provide to you as part of the Services and adding to or amending the report as may be required.
3.4 You must send it to the relevant owner or managing agent of the property when you are satisfied with it. We do not liaise with managing agents or owners regarding the contents or submission of such reports.
3.5 You acknowledge that we undertake a limited visual inspection of the property only and do not look for structural, latent or other hidden defects nor is any electrical, plumbing or data system to be obsevred.
4. Dates and times
4.1 We will endeavour to promptly attend bookings however, any times specified by us in relation to theprovision of the relevant Services are approximate only. Factors out of our control such as weather and traffic can affect timing.
4.2 You may not postpone, vary or cancel a booking unless we agree so in writing.
4.3 If there is a significant delay in us attending a booking,we will endeavour to rebook for another suitable timeor we will cancel our arrangements and clause 7.2 applies.
5. Payment
5.1 We will issue a tax invoice to you for the relevant Services.
5.2 Unless we agree with you otherwise, our tax invoices are payable in advance of the date for provision of the Services and in any event, on receipt.
5.3 If any tax invoice we issue to you is not paid in full by its due date, we may charge you interest on the unpaid amount at the rate of 10% per annum, calculated daily.
5.4 All costs and disbursements incurred by us in recovering payment or in protecting or enforcing our rights under this document, including any legal costs and disbursements, are payable by you on the indemnity basis.
6. Insurance
6.1 We will at our cost arrange such insurances to cover such risks as we think fit in relation to the provision of the Services and workers compensation insurance for any employees of ours.
6.2 You must at your cost arrange all appropriate insurances to cover all risks associated with the Services, including your own public liability insurance:
7. Termination / cancellation of a booking
7.1 We may terminate any booking for Services at any time without cause in our absolute discretion however, you may only terminate any booking with our consent and on terms satisfactory to us such as indemnifying us from all costs and losses in respect of the bookingsought to be cancelled.
7.2 Subject to this document, on valid termination, that part of the price paid (if paid in advance or as a deposit) will be refunded to you within 14 days of the cancellation of the relevant booking, less the costs and losses associated with that booking and any other amounts that may be due and payable by you to us whether under these Terms or otherwise.
8. Release and indemnity
8.1 Any advice, recommendation, information, or assistance given by us to you in relation to the Services is given in good faith and is believed to be accurate and appropriate at the time it is given, but isprovided without any warranty as to accuracy, appropriateness or reliability and we do not accept any liability or responsibility for any loss, cost damage, liability or expense suffered (whether directly or indirectly) from reliance on such advice, recommendation, information or assistance. You agree to rely on your own judgment in making decisions concerning the Services and their fitness for your use.
8.2 You have no right of action against us and you release and indemnify us from any loss, cost, damage, liability or expense, including indirect, consequential and special losses (including without limitation loss of use, enjoyment, reputation, income or profit), and against all actions, suits, claims and demands against us,including by you in relation to the relevant Services including any failure to deliver or delay in delivery the relevant Services or part thereof.
8.3 To the maximum extent possible, you hereby release and indemnity us and agree to forever keep us indemnified from any loss, cost, damage, liability, or expense, including indirect, consequential and special losses (including without limitation loss of use, enjoyment, income or profit), that we may incur in relation to you or any third party, where the loss, cost, damage, liability or expense is caused by or contributed to by us, the relevant Services or for any other reason whatsoever. You acknowledge and agree that no such loss, cost, damage, liability or expense is reasonably foreseeable other than those stated/limited in clause 10.
9. Warranties
9.1 We do not provide any warranties in relation to any outcomes from the provision of the Services.
9.2 Any warranty or condition which would otherwise be implied in any agreement between us or in these Terms (including, but not limited to suitability or fitness for purpose, quality or otherwise of the relevant Services) is expressly denied and is excluded to the maximum extent permitted by law.
10. Liability Limited
To the maximum extent permitted by law and notwithstanding clauses 8 and 9, our liability to you inrespect of any loss, cost, damage, liability or expense is limited (even where caused or contributed to by our negligence or breach of any term, condition or warranty stated in these Terms or implied by law) in our absolute discretion to:
(a) refunding the price paid;
(b) resupplying the Services or equivalent Services
or
(c) payment of the costs of resupplying the Services or equivalent services.
11. Force majeure
Each of us will be released from our respective obligations in respect of any accepted booking in relation to the provision of relevant Services (except your obligations as to payment and indemnity) in the event of national emergency, pandemic, war, prohibitive governmental regulations or where any other cause beyond the reasonable control of either of us, including but not limited to strike, riot, lockout, fire, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems renders provision of the provision of the relevant Services on the day of the booking impossible.
12. General
Privacy
12.1 To the maximum extent permissible by law, you waiveand must procure that everyone in your Group waive all right under the Privacy Act 1988 (Cth) and consent to the collection, storage and provision of information by us. Such information may be used for such things as our supplying further or other Services to you, improving our Services or for our own statistical or marketing purposes. Independent advice
12.2 You acknowledge that you have obtained or have had adequate opportunity to obtain independent legal advice as to the meaning and effect of the terms and conditions in this document before they were accepted by you.
Entire agreement
12.3 This document contains the entire agreement as between the parties in relation to its subject matter. Any previous representations or communications between the parties and any negotiations in relation to this document are merged in and superseded by this document and are of no force or effect. This document may only be varied or replaced by a document in writing duly executed by the parties.Delegation
12.4 We may delegate or sub-contract the performance of any obligation or assign the benefit of the agreement constituted by these Terms in our absolute discretion.
Photography
12.5 You irrevocably authorise us to take still and video photography within your premises as part of the Services.
Severance
12.6 If a provision in this document is void, illegal or unenforceable, it must be varied to give effect to the intention of this document or severed without affecting the enforceability of the other provisionsGoverning law and jurisdiction
12.7 This agreement and the transactions contemplated by it are governed by the law of New South Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and all courts called to hear appeals from them in respect of them.