Home & Property Handyman Service | Repairs, Maintenance & Improvements
• Odd Jobs
• Small Reno Projects
• Air Conditioning Installation & Service
• Plumbing & Hot Water System Repairs
• Solar Panel Servicing
• Painting
• Door & Lock Repairs Handy Skills Evans Head – Terms and Conditions
Definitions
“Contract” Means the contract between the Company and the Customer, which includes the Particulars,
these Terms and Conditions of Sale and any agreed variations and other annexure.
“Company” means Handy Skills (ABN 13 314 371 651)
“Customer” refers to the person, company or entity to whom the Company has agreed to supply Goods, or any person action by the Customer’s authority and on the customers’ behalf.
1. Acceptance of the terms and conditions of sale - This Contract supersedes any earlier terms or conditions wherever published or applying between the Company and the Customer, and shall be deemed to override all oral and written contracts, and negotiations by either parties prior to the making of the Contract. The Customer will be deemed to have accepted these terms and conditions if the Customer places any order or otherwise deals with the Company after receiving notice of these terms and conditions.
2. The applicable Primary standards are: AS 3000 Australian Wiring Rules,. All o-site work will be carried out in accordance with Occupational Health & Safety Regulations. (b) Bradley Burgess is a Licensed Electrical, Air Conditioning Mechanic contractor, Fitter and Machinist and all work is carried out in accordance with the rights and responsibilities therein assigned. Licence Holder: Bradley Burgess, Licence No: 191921C
3. Payment by Customer - The Customer must pay the Contract price in a manner shown in the Payment Schedule. The Contract price includes GST. The Contract price does not include any fee or charge by the Electricity Distributor for the replacement of the Customers electricity metering or connection to the electricity network. The Customer must pay the amount due as set out in the Payment Schedule, with in five (5) business days of receipt of notice form the Company.
4. Default in Payment – Refer to our Terms of Trade “10. Default” - V1 dated 12-14 on our website –
5. Retention of title - (a) the Contract is not an unconditional sale of Goods to the Customer. No title to the goods shall pass to the Customer by reason of the delivery of the Goods to the Customer’s premise, or the acceptance by the Company of the Customer’s request to purchase the Goods. Goods supplied to the Customer by the Company shall remain the sole and absolute property of the Company until receipt in full by the Company to the Contract price and any other moneys payable in respect to the Goods the subject of this Contract. (b) The Customer shall keep the Goods free from any indemnity the Company against any charge, lien or other encumbrance therein
7. WARRANTIES for residential building work – Work will be warranted to the provisions under Section 18B of the Home Warranties Act. (1) Warranties by the holder of a contractor licence or a person required to hold a contractor licence before entering into a contract are implied in every contract. (a) Work will be done with due care and skill and in accordance with the plans and specifications set out in the contract. (b) All materials supplied will be good and suitable for the purpose for which they are used for and, unless otherwise specified, those materials will be new. (c) Work will be done in accordance with, and will comply with, this or any other law. (d) Work will be done with due diligence, and within the time stipulated in the contract, or if no time is stipulated, within a reasonable time. (e) When the work is for the repairing, renovation or decoration of a dwelling, the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling. (f) Warranty that the work and any materials used in doing the work be reasonably fit for the specified purpose or result, and the work relies on the person’s skill and judgment. (2) The Statutory warranties implied by this section are not limited to a contract to do residential building work for an owner of land and are also implied in a contract under which a person (the “principal contractor”) who has contracted to do residential building work contracts with another person (a subcontractor to the principal contractor) for the subcontractor to do the work (or any part of the work) for the principal contractor. Original warranty documentation will be provided to the Customer by the Company in the Operation Manual.
8. WARRANTY – EXCLUSIONS AND LIMITATIONS - (a) While all due care will be taken, the Company will not accept responsibility for components supplied by the Customer or for goods that are used or dealt with in any way that is not usual. (b) The Company will not be responsible for loss or damage to any of the Customer’s property, real or personal, or for any faults or defects in the Goods due to misuse or damage caused by others, including the Customer, or if the Goods fail to operate due to any or all the following including but without limitations:-
i. an event of Force Majeure,
ii. Atmospheric electrical discharges,
iii. flood or water damage, however caused,
iv. the data supplied by the Customer was inaccurate or untrue,
v. improper maintenance by the Customer,
vi. the Customer has failed to maintain the site to ensure that there is no obstruction to the successful operation of the system,
vii. unauthorised repairs, modifications or additions by the customer,
viii. faulty operation of Customer equipment, or
ix. any other cause beyond the control of the Company but shall always comply with Home Warranties and any other Act. (c) Except as required by the Home Warranties Act or any other Act all implied conditions and warranties are hereby excluded. Subject to those conditions and warranties necessarily implied under the Home Warranties Act or any other Act, the Customer’s sole and exclusive remedy for any damage whether direct, indirect, special, consequential or contingent shall, at the Company’s option, be limited to the following: (i) in the case of goods:
a) the replacement of the goods or supply of equivalent goods,
b) the repair of goods,
c) the payment of the cost of replacing or repairing equivalent goods. (ii) in the case of services:
a) the supply of the services again,
b) the payment of the costs of having the services suppled again. So long as: defects have arisen solely form faulty equipment, materials or workmanship; the equipment has not received maltreatment, inattention or interference; accessories of any kind used by the customer are manufactured by or approved by Company; the seals of any kind on the equipment remain unbroken; and the defective parts are promptly returned free of cost to the Company.
9. Acceptance of order - The Company is not obliged to accept any order. Failure on the part of the Customer to make any payment on the due date shall constitute a breach of an essential term of the Contract and the Company shall be entitled to treat such failure as a repudiation of the contract by the Customer and, without limiting the Company’s rights, the Company shall be relieved of any further performance thereof.
10. Cancellation – Orders cannot be cancelled by the Customer except by arrangement in writing with the Company. Goods ordered in error or in excess cannot be returned for credit or exchange except by special arrangement agreed to in writing by the Company. In these circumstances goods will only be accepted if returned in there original packaging by the Company’s nominated carrier in saleable condition, and received by the Company within 7 days from the date of such arrangement. Orders or balance orders may be cancelled by the Company in the event of any failure by the Customer to adhere to the terms of the contract or if the Company suspects the credit worthiness of any Customer. Orders may be cancelled by the Company if due to its inability to supply the goods including, without limitation, failure by its suppliers to provide any part of the goods at a reasonable cost. Should an order be cancelled by the Company, a full refund will be made to the Customer. Orders may be cancelled by the Customer if the goods are not installed within six (6) months of making an order.
11. Availability of Goods – If goods ordered by the Customer are not available at the time of order they will be supplied by the Company when available, and the Company shall not be liable to the Customer to make good any damage or loss whether arising directly or indirectly as a result of any ensuring delay in delivery.
12. Alterations - The Company reserves the right at its discretion to substitute comparable components that comprise the goods.
13. Delivery Times – Any times quoted for delivery are estimates only, involving no contractual obligation and the Company shall not be liable to the Customer to make good any damage or loss whether arising directly or indirectly out of the delay in installation and commissioning. Time will not be of the essence for any installation and commissioning. The Company may notify the Customer of any delay in writing at its earliest convenience.
14. Permission to enter Customer’s Premises – The Customer grant permission to the Company and its employees, contractors and/or agents to enter, at any reasonable time, any property where the goods supplied by the Company to the Customer are to be installed and commissioned, and for the purposes of pre-inspecting the property prior to any installation of Goods. The Customer agrees to make himself present at the property for such pre-inspection, installation and/or commissioning, when and as reasonably required by the Company or its employees, agents and contractors.
15. Force majeure – In the event of a “force majeure” event the Company shall be entitled to either rescind the Contract (without being liable for damages) or to extend delivery or time for performance by a reasonable period of not less than the duration of such event and all liability under any contract, including liability for damage whether specified or otherwise, shall be modified or adjusted accordingly. “Force majeure” shall include all happenings beyond the Company’s control or in consequence of which the Company is hindered in executing its obligations and shall include all strikes, trade disputes, fire, accidents and supply, import or export delays.
16. Disclaimer of liability – The Company shall not be liable for any costs, expenses, loss or damage of whatsoever nature and whether direct, indirect or consequential caused by or contributed to by any error, misrepresentations or misleading information supplied by or contained by any manufacturer’s or supplier’s packaging, labels, specifications, brochures, pamphlets, advertising or other media.
17. Injury to Property - The Company shall be liable for and shall indemnify the Customer for any injury or damage to any property, real or personal, in so far as such injury or damage arises from the execution of the Works and provided that the same is due to any negligence, omission or default of the Company, the Company, the Company’s agents or employees.
18. Severance Refer to our Terms of Trade “14. Severance and Waiver” - V1 dated 12-14 Found on our website –
19. No waiver - Refer to our Terms of Trade “14. Severance and Waiver” - V1 dated 12-14 Found on our website –
20. Variation of Contract – No variation of or addition to this Contract will be binding unless reduced to writing and signed by both parties hereto or their duly authorised representatives.
21. Disputes – The parties agree to use their best endeavours to resolve, by negotiation, any problem that arises between them. If the Customer or the Company considers a dispute has arisen in relation to any matter covered by this Contract that party must promptly give the other party written notice of the items of dispute. If the dispute cannot be resolved within ten (10) days by negotiation, the parties may confer with a mutually agreed third party to assist to resolve the dispute by mediation. If the dispute cannot be resolved with thirty (30) days by mediation, the dispute may be referred to arbitration pursuant to the laws of the State of NSW.
22. Termination – (a) lf the Company becomes bankrupt or goes into liquidation, administration or is otherwise without full capacity; fails to install the goods within six (6) months, fails to remedy defective work or replace faulty or unsuitable equipment or materials then the Customer may, where such default can be remedied , issue a written notice requiring the Company to remedy the default within ten (10) business days of receipt of the notice by the Company or within such other reasonable period of time as may be agreed. If the default is not remedied within ten (10) business days, or such reasonable period as agreed, or is not capable of being remedied, the Customer may terminate the Contract by written notice to the Company. (b) If the Customer fails to make payment due under the Contract or denies access to the installation site to the Company, the Company may issue a written notice requiring the Customer to remedy the default within ten (10 business days of receipt of the notice by the Customer. If the default is not remedied, the Company may terminate the Contract by written notice to the Customer.
23. Notices – Any notice or other notification required to be given under this Contract must be in writing and will be deemed duly served by:
(a) giving it to the party personally, (b) leaving it at the party’s address shown in the Contract, or (c) sending it by registered post to the party’s address show on this contract.
24. Applicable Law – The Contact shall be deemed to have been entered into in the State of New South Wales and the Customer agrees to submit to the exclusive jurisdiction of the courts of that State.
25. Customer warranty – The Customer warrants for the benefit of the Company that any and all information provided by the Customer to the Company in connection with any order to purchase the goods is true and correct. If in the event that the Company relies upon such information and the Company suffers loss or damage as a result of that information being in any way materially false or incorrect, the Customer indemnifies the Company for such loss or damage including consequential loss suffered by the Company.
