Odd Job Guys

Terms of Trade


1.       Definitions

  • Company means Odd Job Guys Ltd
  • Buyer means the person, or company buying the goods and or services from the Company.
  • Products and/or services mean the products and/or services being purchased by the Buyer from the Company.
  • Contract means the contract between the Company and the Buyer for the purchase of the goods and or services.
  • Date of the contract means where the contract arises from a quotation given by the Company, i) the date of acceptance of the order by the Company; or ii) Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.
  • Contract price means the price of goods and or services as agreed between the Buyer and the Company.
  • Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.
  • PPSA means the Personal Property Securities Act 1999.
  • Terms and conditions:  all projects are supplied on the following terms and conditions, and such terms and conditions will apply to the quote.

 

2.        Quotation

.

For any project to be carried out by Odd Job Guys for the customer, Odd Job Guys  will supply to the customer a quote, which is valid for 30 days from the date of the quote, and lapses thereafter.  The quote takes effect on the date that it is accepted by the customer (whether that acceptance is implied or express).  Odd Job Guy reserves the right by notice to the customer to alter or amend any quote before receipt by Odd Job Guys of acceptance by the quote by the customer.  Odd Job Guys reserves the right, by notice to the customer, to alter or amend any quote at any time prior to carrying out the project, where the alteration or amendment is due to an increase in the cost to Odd Job Guys of any products and/or services which are the subject of the quote that is beyond the control of Odd Job Guys.  Where the customer requests products and/or services  to be provided that are not included in the original quote, the customer agrees to pay the additional costs of such products and/or services, and the provision of the additional products and/or services shall be pursuant to these terms and conditions.  Where the customer requests any related work to be carried out, Odd Job Guys will use its best endeavours to source, commission and control suppliers and/or contractors to carry out the related work, but the customer is responsible for the payment for such work.

 

3.        Acceptance

If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

4.        Odd Job Guys Obligations

Odd Job Guys’s obligations:  Odd Job Guys agrees to, subject to the terms and conditions contained in this terms and conditions, carry out each project in accordance with the quote, and to do so with reasonable skill, care and diligence.

 

5.        Obligations of the Customer

The customer agrees to:

(a)    Pay Odd Job Guys for carrying out the project according to the quote;

(b)    Follow any reasonable instructions provided by Odd Job Guys about the project;

(c)     Provide Odd Job Guys with access to all necessary services and amenities so as to allow Odd Job Guys to carry out the project, provide  

        access to the location, and ensure that the location remains in a state and condition that is safe for Odd Job Guys and its employees  and

        agents;

(d)    Not to cause any disruption or obstruction to the carrying-out of any project;

(e)    Where the customer is to supply goods in relation to the project, the customer shall ensure such goods are at the location prior to Odd Job

        Guys commencing work on the project and that such goods shall be fit for use; and

(f)     Ensure the location for the project complies with all necessary bylaws and restrictions, is    structurally sound and safe (in accordance with all

        legislation governing safety in the workplace);

 

Without prejudice to any other right or remedy of Odd Job Guys, if the customer fails to carry out or perform any of its obligations pursuant to this clause 4, then Odd Job Guys may charge the customer a services delay charge for each day (or part thereof) that Odd Job Guys is, in its reasonable opinion, unable and/or not required to carry out or perform the project as a result of such breach by the customer.

5.1    The customer acknowledges that unless otherwise agreed in writing between the customer    and Odd Job Guys, the customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the goods and/or services.

 

6.     Terms and Conditions

These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.

 

7.        Price

The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or

The Price shall be the Price of the Company’s current Price at the date of delivery of any goods or services.

Unless specifically stated in the quote or any agreed progress payment schedule payment for the project (which shall form part of these terms and conditions)is  due on the due date as follows:

                        (a)  a deposit of the cost of the materials and 50% of the total price or labour for the project is payable at the time of acceptance of

                             the quote by or on behalf of the customer;

                        (b)  the balance of the total price for the project is payable without deduction or set off by the customer to Odd Job Guys on  

                              completion of the project; (in each case, the “due date”)

 The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.

The Company reserves the right to implement a surcharge for alterations to specifications of products and or services after the order has been placed.

 

8.    Delivery, risk and insurance

Delivery of the products shall be deemed complete upon Odd Job Guys delivering the products at the customers location. Irrespective of whether ownership and title to the products remains vested in Odd Job Guys, risk in the products shall pass to the customer upon delivery. The customer is responsible for all insurance of all products from the time of delivery.

 


9. Property and retention of title

Ownership and title to the products supplied as part of any project shall remain vested in Odd Job Guys and shall not pass to the customer until the total cost of products and services and     any other sums due to Odd Job Guys by the customer have been paid in full and received by Odd Job Guys in accordance with clause 7.

If Odd Job Guys supplies the products as part of any project without first obtaining payment for the same, then the customer acknowledges and agrees that Odd Job Guys is entitled at the customer’s cost to register any security interest that Odd Job Guys possesses regarding the products supplied and their proceeds on the personal property securities register and that Odd Job Guys’s security interest survives until the customer has paid in full for all of the products supplied.  The customer acknowledges and agrees that until payment has been made to Odd Job Guys in full for all of the products supplied as part of any project   from time to time:

(a)  Odd Job Guys possesses a purchase money security interest in the products; and

(b)  if the customer sells the products prior to payment Odd Job Guys, it will pay the proceeds derived from that dealing into a separate account for the benefit and as trustee for Odd Job Guys so that those proceeds remain identifiable in connection with that dealing and the products.

(c)  if the goods are attached, fixed or incorporated into the customer’s property or the goods are mixed with other property so as to be part or constituent of any new goods, title to the new goods shall be deemed to be assigned to Odd Job Guys as security for full satisfaction by the customer of the full amount owing by the customer.

 

If at any time Odd Job Guys has sufficient cause to exercise its rights under section 109 of the ppsa, the customer irrevocably grants Odd Job Guys (its agents and contractors) the right and licence to enter upon the customer’s premises and/or any location, where the products are located for the purposes of removing the products, without notice and without liability whatsoever to the customer, or to any person or company claiming through the customer for the resulting damage or loss.

 

The customer covenants that it will assist and co‑operate with Odd Job Guys by completing any documentation and/or providing any information as may be required by Odd Job Guys in order for Odd Job Guys to achieve and perfect its desired security position under the ppsa.

The customer waives any right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest under the ppsa.

Nothing in sections 114(1)(a), 117(1), 133 and 134 of the ppsa shall apply to these terms and conditions.

The customer’s rights as a debtor in sections 116, 119, 120(2), 121, 125-127, 129 and 132 of the ppsa shall not apply to these terms and conditions.

In this clause 9 where used the following terms shall have the meanings as ascribed to them under the ppsa  and associated regulations “accessions”, “commingled products”, “inventory”, “perfect”, “non‑purchase money security interest”, “proceeds”, “purchase money security interest” and “security interest

10.  Rights of termination

Odd Job Guys many immediately terminate this agreement upon the happening of any of the following events of default:

(a)  if the customer defaults in performing its obligations under these terms and conditions and the default, if capable of being remedied, is not

     remedied within five working days from receiving a notice specifying the default and requiring remedy; or

(b)  if the customer defaults in the performance of its obligations under this terms and conditions and the default is in Odd Job Guys reasonable

      opinion incapable of being remedied; or

(c)  if any amounts payable by the customer to Odd Job Guys are overdue; or

(d)  if the customer fails to meet any obligation under this or any other contract with Odd Job Guys; or

(e)  if the customer commits an act of insolvency including a compromise with creditors or appoints a voluntary administration; or if a receiver is

      appointed in respect of the assets of the customer; or if an arrangement with the customer’s creditors is made or likely to be made; or if the

       customer ceases or threatens to cease carrying on business; or if the ownership or effective control of the customer is transferred or the nature of

       the customer’s business is materially altered.

 

Termination of this agreement will not prejudice or affect the rights, remedies and claims of Odd Job Guys.

 

11. Payment, Late Payment, Default of Payment and Consequences of Default of Payment

The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.

Subject to any provision to the contrary in the Contract, payment (being cash) unless otherwise arranged in advance and confirmed in writing by Julia or Nick Tutini shall be received on or before the date the goods and or services have been completed issued on Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the goods and or services.

Late payment shall incur interest at the rate of 5% calculated on a daily basis.  This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.

 

Where our invoices are not paid within 30 days of the due date, Odd Job Guys  reserve the right to engage a debt collection agency to recover those fees from the customer and the customer shall be liable for any collection costs, legal costs, or other costs incurred in addition to interest and the invoice amount.

 

Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods and or services  to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

In the event that:

a.      any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall

         due; or

b.      the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an

        assignment for the benefit of its creditors; or

c.      a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then

         without prejudice to the Company’s other remedies at law

d.      the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice

         to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

 

12. PPSA

The Contract constitutes a security interest in the goods supplied by the Company to the Buyer for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.

The Buyer agrees to promptly execute and deliver to the Company all assignments, transfers and other agreements and documents and do anything else which the Company may deem appropriate to perfect the Company’s security interest over the Buyer, or obtain the priority required by the Company or register (and renew registration) a financing statement for a security interest in favour of the Company.

To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which are for the Buyer’s benefit, or place any obligations on the Company in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.

To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by the Company.

The Buyer agrees to treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security interest and any unsecured creditors, regardless of whether the goods have become fixtures at any time before payment has been made for them.

13.   Governing laws

These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.

 

14.   Construction contracts act 2002

The provision of the construction contracts act 2002 apply to these terms and conditions except if it is a “residential construction contract” as defined by that act, in which case any limitations imposed by the act are applicable to these terms and conditions.

 

15.   Dispute resolution

The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

 

16.   Reservation of title

Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.

 

17.   Warranty

The Company warrants that it will repair or make good any defects in the goods and or services, if written notice of the claim is received by the Company within seven (7) days from the date the goods and or services were delivered/completed. No claim shall be accepted under such warranty if any attempt to repair the defective goods or services is made by any person not authorised by the Company, or if the defective goods or services  have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods and services, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.

18.Liability

18.1      The warranties provided in clause 17 replace all other representations or warranties (statutory, expressed or implied) and all representations   and warranties (excepting those which may not be lawfully excluded) are specifically excluded. The foregoing exclusions and the limitations contained in clauses 11.2 and 11.3 do not apply to rights granted to the customer under the consumer guarantees act 1993, unless the customer is acquiring the services for the purposes of a business in which case the provisions contained in the consumer guarantees act 1993 shall not apply.

18.2      under no circumstances will any warranty express or implied relating to the products and/or any project extend to or include nor will odd job guys be liable (whether vicariously or otherwise) under the law of tort, contract or otherwise for any:

(a)  loss or damage not covered by the manufacturer’s warranty;

(b)  loss or damage caused by non‑adherence to the operating instructions and guidelines;

(c)  loss or damage caused by odd job guys altering the location due to structural, electrical, safety or other concerns as to the location for the

      project;

(d)  loss or damage caused by odd job guys failing to recognise the possible presence of asbestos in any roof cladding, soffit, eaves, gables or interior

      ceilings;

(e)  loss or damage caused by a force majeure event;

(f)   loss or damage caused by the acts or omissions of any third party;

(g)  loss or damage caused by a contractor and/or supplier carrying out any related work, whether or not odd job guys had arranged for such related

     work to be carried out;

(h)  loss or damage caused by having repairs carried out to any project by any person other than odd job guys;

(i)   loss or damage occurring at the expiry of the warranty period;

(j)   loss or damage caused by a services interruption;

(k)  loss or damage arising from the termination of these terms and conditions; or

(l)   loss of profits or savings or any indirect, special, incidental or consequential loss or damage, however caused, arising out of or in connection with

     the performance or non-performance of odd job guys, any project, product and/or these terms and conditions.

 

18.3      notwithstanding any other provision of these terms and conditions and without prejudice to   clause 18.2, if for any reason odd job guys becomes liable for loss or damage  that would have otherwise been excluded then its total liability to the customer arising out of any claim for damages for any cause will be limited at odd job guys’s election to either the monetary amount of the value of that part of the project giving rise to the claim, or the actual damage or    loss suffered by the customer, whichever is lesser.

18.4      The customer shall indemnify odd job guys, its employees, officers agents and contractors  from and against all claims and loss of any kind whatsoever however caused or arising and   without limiting the generality of the foregoing whether caused or arising as a result of the negligence of odd job guys or otherwise, brought by any person in connection with any matter, act, omission, or error by odd job guys in connection with the goods and/or services.

 

© Copyright 2017 Odd Job Guys