1.1 “Supplier” means Swift Group Industries Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Swift Group Industries Pty Ltd.
1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting the Supplier to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(c) includes the Client’s executors, administrators, successors and permitted assigns.
1.3 “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by the Supplier in the course of it conducting, or supplying to the Client, any Services.
1.4 “Services” mean all Services supplied by the Supplier to the Client at the Client’s request from time to time.
1.5 “Price” means the price payable (plus any GST where applicable) for the Services as agreed between the Supplier and the Client in accordance with clause 7 of this contract.
1.6 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services provided by the Supplier.
2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any
inconsistency with any other document or agreement between the Client and the Supplier.
2.3 Where the Client is a tenant (and therefore not the owner of the site where Services are to be provided) then the Client warrants that the Client has obtained the full consent of the owner for the Supplier to provide the Services at the owner’s site. The Client acknowledges and agrees that they shall:
(a) upon request from the Supplier provide evidence that they have such consent; and
(b) be personally liable for full payment of the Price for all Services provided under this agreement and to indemnify the Supplier against any claim made by the owner of the site (howsoever arising) in relation to the provision of any Services by the Supplier, except where such claim has arisen because of the negligence of the Supplier when providing the Services.
2.4 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
3.1 The Client acknowledges and accepts that the Supplier shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by the Supplier in the formation and/or administration of this contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Supplier in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of the Supplier; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.
4. Contract Term
4.1 Where this contract is for ongoing Services, the Contract Term will be specified in the Supplier’s quotation and will automatically renew on a weekly basis unless terminated by either party in accordance with clause 18.
4.2 The Client accepts and acknowledges that all fixed contracts are subject to periodic price reviews to allow for increases to the Supplier in the cost of labour and materials, which are beyond the control of the Supplier.
5. Authorised Representatives
5.1 The Client acknowledges that the Supplier shall (for the duration of the Services) liaise directly with one (1) authorised representative, and that once introduced as such to the Supplier, that person shall have the full authority of the Client to order any Services, and/or to request any variation thereto on the Client’s behalf. The Client accepts that they will be solely liable to the Supplier for all additional costs incurred by the Supplier (including the Supplier’s profit margin) in providing any Services, or variation/s requested thereto by the Client’s duly authorised representative.
6. Change in Control
6.1 The Client shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by the Supplier as a result of the Client’s failure to comply with this clause.
7. Price and Payment
7.1 At the Supplier’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the Client; or
(b) the Supplier’s quoted price (subject to clause 7.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
7.2 Unless specified by the Supplier in writing, the Price:
(a) is inclusive of (1) single Service only and any additional services shall be treated as a separate contract or a variation to the Price; and
(b) is based on the existing condition (including cleanliness) and size of the site, as stated by the Client, or at the time of inspection by the Supplier. Any variation to the condition and/or size of the site will be treated as a variation to the Price, in accordance with clause 8.
7.3 At the Supplier’s sole discretion a twenty-five percent (25%) nonrefundable deposit shall be required for any and all contracts that equal or exceed ten thousand dollars ($10k) to cover the cost of equipment and materials.
7.4 Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on delivery of the Services;
(b) before delivery of the Services;
(c) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(d) twenty-eight (28) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(e) the date specified on any invoice or other form as being the date for payment; or
(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
7.5 Payment may be made by cash, bank cheque, electronic/on-line banking, credit card (Visa and MasterCard only, a surcharge may apply per transaction), or by any other method as agreed to between the Client and the Supplier.
7.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
7.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for providing the Supplier’s Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
8. Variations and Additional Charges
8.1 The Supplier reserves the right to change the Price:
(a) if a variation to the Services are requested (in writing) by the Client (including, but not limited to, any additional services, as offered by the Supplier in the quotation), or required upon inspection of the site by the Supplier (including, but not limited to, quantity and sizes of rooms, where the site includes stairs, unavailability of parking at the site or difficult/limited access to the site, the site is excessively unclean, carpet is heavily soiled and needs a premium/ultimate carpet cleaning service, animal stains or odours that require extra treatment or carpet underlay replacement, or where stains required extra treatments such as heat transfer methods or spot dye treatments); or
(b) in the event the site is not as was stated by the Client, or the Supplier suffers interruptions from any third party occupying the site which causes delays; or
(c) as a result of increases to the Supplier in the cost of personnel and/or Products (including where clause 4 applies), which are beyond the control of the Supplier.
8.2 At the Supplier’s sole discretion:
(a) a minimum charge shall be applicable to the Services; and
(b) a surcharge shall be applicable for Services scheduled on weekends; and
(c) an additional fee will be charged to the Client:
(i) if the site has no power; or
(ii) where the Supplier is required to collect keys to the site from a real estate agent; or
(iii) where the site is not located on the ground floor (e.g. for apartments); or
(iv) for the removal of chewing gum and blu tack.