Service Terms & Conditions

  1. Introduction

    These terms and conditions (Terms), together with any Quote (as defined in clause 3.1), set out this agreement (Agreement) under the terms of which Team Smartfix Pty Ltd (ACN 630 629 659) (“Team Smartfix”) provides goods and/or services to you or the company which you represent (“Customer”).

  2. HOW TO READ THIS AGREEMENT

    Capitalised words and phrases used in these Terms have the meaning given:

    1. by the words immediately preceding any bolded and bracketed word(s) or phrase(s); or
    2. in the definitions in clause 24.1 of this agreement.
  3. APPLICATION OF THIS AGREEMENT

    1. These terms will apply to all the Customer’s dealings with Team Smartfix, including being incorporated in all agreements, quotations or orders under which Team Smartfix is to provide services to the Customer (each a “Quote” for the purposes of this Agreement) together with any additional terms included in such Quote.
    2. The Customer will be taken to have accepted these Terms if the Customer signs these Terms or otherwise indicates its assent (whether in writing or verbally), or if the Customer orders, accepts or pays for any services provided by Team Smartfix after receiving or becoming aware of these Terms.
    3. This Agreement commences once these Terms have been accepted in accordance with clause 3.2 and expires in accordance with the Quote and this Agreement (Term).
    4. In the event of any inconsistency between these Terms and any Quote the clauses of these Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms set out and described as such in a Quote) will prevail over these Terms to the extent of any inconsistency.
    5. The Customer is responsible for confirming that the Quote accurately specifies (if applicable):
      1. the quantity and specifications of the Goods and/or Services required; and
      2. the agreed Fees.
  4. SUPPLY OF GOODS AND/OR SERVICES

      1. In consideration for the payment of the fees set out in the Quote (Fees), Team Smartfix will provide the Customer with services set out in the Quote (Services) and/or goods set out in a Quote (Goods) in accordance with these Terms.
      2. Where the context permits the terms ‘Goods’ and ‘Services’ shall be interchangeable when used in this Agreement.
      3. The Quote is valid for the validity period set out in the Quote, or if no validity period is set out, for 30 days. The Quote is merely an invitation to treat, and is not binding on Team Smartfix until Team Smartfix has accepted it. The Quote is subject to changes in price including without limitation parts price fluctuations and other fees/costs that may have been unforeseeable in the initial Quote.
      4. The Quote becomes binding on Team Smartfix upon written acceptance by Team Smartfix or at the time Team Smartfix commences supply of the Quote, whichever comes first. Team Smartfix may, in its discretion, accept or reject in whole or part any Quote.
      5. Once the Quote is accepted by Team Smartfix, the Customer will be committed to purchase the Goods and/or Services and cannot cancel or revoke the Quote except to the extent as expressly permitted by this Agreement.
      6. Team Smartfix will commence work from either the date:
        1. when the Customer pays the Fees, or part thereof, to Team Smartfix;
        2. set out in the Quote; or
        3. agreed with the Customer.

    The Customer acknowledges and agrees that the supply of Goods and/or Services under an accepted Quote remains subject to availability and if, for any reason Team Smartfix is unable to proceed with the supply, Team Smartfix reserves the right to cancel the order (in which case Team Smartfix will refund all amounts paid for the Quote). This is the Customer’s only remedy in these circumstances and Team Smartfix will not be liable to pay any other amount to the Customer.

  5. FEES AND PAYMENT

    1. (Fees) Team Smartfix will provide a tax invoice(s) to the Customer for all amounts payable by the Customer at the times specified the Quote. The Customer must pay the Fees set out in the Quote at the times specified in the tax invoice(s).
    2. (Time for payment) Unless otherwise agreed, the Customer must pay:
      1. the Deposit prior to Team Smartfix commencing the provision of the Services; and
      2. the remaining balance of the Fees on completion of the Goods and/or Services.
    3. (Payment method) The Customer must pay all Fees in accordance with the payment method specified in the Quote.
    4. (Fee variations) Team Smartfix reserves the right to vary the price of the Goods and/or Services it provides to the Customer from time to time without notice, even after it has accepted the Quote, where:
    5. there is an increase in any of Team Smartfix’s standard rates;
    6. there is any change to the nature of the work to be undertaken in the Quote; or
    7. Team Smartfix’s suppliers vary the costs of the materials that they supply to Team Smartfix.
    8. Any amended price will apply immediately. Team Smartfix will provide the Customer an invoice of the difference in any additional costs which the Customer must pay in accordance with the payment terms as stated on the invoice.
    9. (No refunds) To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth) any Fees paid in accordance with this Agreement, including the Deposit, are non-refundable.
    10. (GST) Unless otherwise indicated, amounts stated in a Quote do not include GST. In relation to any GST payable for a taxable supply by Team Smartfix, the Customer must pay the GST subject to Team Smartfix providing a tax invoice.
    11. (Late payments) If the Customer does not pay an amount due under this Agreement on or before the date it is due:
    12. the Customer must pay to Team Smartfix interest at the rate of 10% per annum, accruing daily, from the date the amount was due until it is paid in full;
    13. Team Smartfix may suspend all or part of the Services indefinitely until payment of the outstanding Fees are made in full;
    14. Team Smartfix may seek to recover the amount due by referring the matter to debt collectors; and
    15. the Customer must reimburse Team Smartfix for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under this Agreement.
    16. (Card surcharges) Team Smartfix reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    17. Where Team Smartfix orders materials on behalf of the Customer, the Customer will be liable to reimburse Team Smartfix the costs of such materials (even where the Customer instructs Team Smartfix to order incorrect materials). Refunds will not be provided unless otherwise agreed by Team Smartfix in writing. If Team Smartfix determines that additional materials are required for the provision of the Services then the Customer will be liable for the payment of any additional materials (except where caused by the negligent act or omission of Team Smartfix).
  6. PROVISION OF SERVICES & GOODS

    1. The provision of the Goods and/or Services will take place through any delivery schedule as set out in the Quote or as otherwise agreed between the parties.
    2. Any estimates for delivery of Goods and/or Services provided by Team Smartfix are an estimate only and are non-binding on Team Smartfix and subject to change without notice. Team Smartfix endeavours to provide the Goods and/or Services on time, however cannot guarantee the Goods and/or Services will be delivered/performed by such delivery dates. To the extent permitted under the ACL, Team Smartfix will not be responsible for any Losses suffered by the Customer in the event of any delay.
    3. The Customer must pay all costs of delivery of the Goods at the time nominated by Team Smartfix (if delivery fees are payable) and must take receipt of the Goods when they are tendered for delivery by Team Smartfix.
    4. In the event that the Goods are left by Team Smartfix on the site where the Services are to be provided (such as the Customer’s Premises) and the Goods are stolen, the Customer acknowledges and agrees that they must still pay Team Smartfix for the Goods in accordance with this Agreement (and such Goods will be deemed to have been supplied to the Customer) and any replacement Goods that Team Smartfix is required to purchase.
    5. The Customer acknowledges the Services might occasion minor damage to the Premises. Where such damage occurs, Team Smartfix will use its best endeavours to repair the damage however will not be liable for any minor damage or for damage arising out of any pre-existing conditions of the Premises.
    6. Where the Customer incurs costs repairing any damage to the Premises occasioned during the Services, whether by employing third parties to conduct repairs or otherwise, Team Smartfix will not be liable for such costs, unless Team Smartfix agrees to remedy such damage in advance in writing.
  7. AMENDMENTS TO SCOPE

    1. The scope of the Goods and/or Services is as specified in the Quote.
    2. Should the Customer require amendments to the Goods and/or Services specified in the Quote, then the Customer may request Team Smartfix provide such amendments, and Team Smartfix may accept or reject such request at its sole discretion. Any requests for the removal or reduction of any of the scope of Goods and/or Services are subject to Team Smartfix accepting or rejecting such request at its sole discretion. If Team Smartfix accepts such requests then it will provide an additional quote (with additional fees if required to be paid as advised by Team Smartfix at the time of request) and if accepted by the Customer, an invoice will be issued to accommodate these scope changes.
    3. If Team Smartfix determines that additional Goods and/or Services (including materials) are required to be carried out, then Team Smartfix will make all reasonable attempts to contact the Customer and stop all work associated until further instructions are provided by the Customer.
    4. The Customer is solely liable for the payment of any additional Goods and/or Services outside of the scope specified in the Quote.
  8. CUSTOMER OBLIGATIONS

    1. PROVIDE INFORMATION

      The Customer must provide Team Smartfix with all documentation, information and assistance reasonably required for Team Smartfix to provide the Services. This includes:

      1. identifying and advising Team Smartfix of all services above and below ground at the Premises, including water, sewerage, drainage, power and telephone services; and
      2. providing Team Smartfix with ‘dial before you dig’ or other similar reports (as applicable).
    2. PREMISES

      1. The Customer grants (or must procure the grant to) Team Smartfix and its agents, employees, contractors and any other nominees an irrevocable licence to occupy the Premises for the purpose of fulfilling its obligations under this Agreement, as well as a licence to pass through any other areas as required for the provision of the Services.
      2. The Customer must ensure that the Premises is completely free and has easy access.
      3. The Customer must ensure that the Premises is compliant with any applicable Work Health and Safety laws and is otherwise in a suitable condition for Team Smartfix’s Personnel to perform the Services.
      4. The Customer must obtain any relevant authorisations or permissions for Team Smartfix to provide Services at the Premises, for example, strata approval if necessary.
      5. The Customer warrants that they will obtain up to date information.
  9. CUSTOMER SUPPLIED GOODS

    1. If in performing the Services Team Smartfix is required to use any materials and/or Goods supplied by the Customer:
      1. the Customer accepts the risk of defects or deficiencies in such Goods and/or materials;
      2. Team Smartfix will not be required to investigate the suitability, quality or fitness for purpose of existing or proposed materials and/or Goods;
      3. the Customer will be required to pay additional fees if it requests that Team Smartfix correct any defects or issues with such materials and/or Goods.
  10. INSTALLATION SERVICES

    1. In providing the Services to the Customer, Team Smartfix will take every reasonable precaution however, will not be liable in respect of:
      1. the structural integrity of the Customer’s Premises;
      2. the Premises’ ability to carry the weight of any installed goods;
      3. any effect installation of the Goods has on the Premises;
      4. any damage to the premises including damage to walls, internal or external flooring, ceiling, appliances or any items on the Premises which is not directly due to Team Smartfix’s negligence or breach of this Agreement.
  11. THIRD PARTY GOODS AND SERVICES

    1. Any Service that requires Team Smartfix to acquire Goods and Services supplied by a third party on behalf of the Customer may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
    2. The Customer agrees to familiarise themselves with any Third Party Terms applicable to any such Goods and Services supplied and, by instructing Team Smartfix to acquire the Goods or Services on the Customer’s behalf, the Customer will be taken to have agreed to such Third Party Terms.
  12. SUBCONTRACTING

    1. Team Smartfix may subcontract any aspect of providing the Goods or Services and the Customer hereby consents to such subcontracting.
  13. ACCEPTANCE AND DEFECTIVE GOODS AND/OR SERVICES

    1. (Manufacturer’s Warranty) Manufacturers of Goods, not manufactured by Team Smartfix, may also provide a warranty which will be provided to the Customer with the Goods. Please read and review the warranty documentation provided by the manufacturer for any warranty claims.
    2. (Services not included) Our Services and labour will not be included as part of any Manufacturer’s Warranty.
    3. (No warranty for lack of maintenance) Warranty claims will only be accepted if the Goods and/or Services are faulty and the Customer complies with the provisions of this clause 13 and will not be provided where the Goods and/or Services are faulty due to the Customer’s fault such as lack of maintenance.
    4. DEFECTIVE GOODS

      1. For Goods, the Customer must allow Team Smartfix access to inspect such Goods. Team Smartfix may also require the Customer to send photographic proof of any defect in the Goods.
      2. Returns will only be accepted by Team Smartfix provided that:
        • the Customer has complied with its obligations under this Agreement and has not attempted to repair the Goods itself;
        • Team Smartfix has agreed (in its reasonable opinion) that the Goods are defective;
        • the Goods are returned to Team Smartfix as soon as possible and within a timeframe that in Team Smartfix’s opinion is reasonable for the specific type of Goods after installation, at the Customer’s cost, or as otherwise agreed between the parties; and
        • the Goods are accompanied by all original documentation provided by Team Smartfix.
      3. Except as required by law, for each Good that is deemed defective and returned in accordance with this clause, Team Smartfix will only be liable to provide a replacement Good, a refund or a repair.
      4. For the avoidance of doubt, this clause only applies to Goods supplied by Team Smartfix.
    5. DEFECTIVE SERVICES

      1. The Customer must provide written notice of any defective services as soon as possible upon becoming aware of them and within a timeframe that in Team Smartfix’s opinion is reasonable for the specific type Service. Team Smartfix may also require the Customer to provide evidence of any defect in any Services supplied.
      2. Team Smartfix will decide in its sole discretion if the Services are defective (acting reasonably).
      3. Except as required by law, for each Service that is deemed defective in accordance with this clause, Team Smartfix’s liability will be limited to the supplying of the Services again or the payment of the cost of having the Services supplied again (to remedy such defect) and such replacement Services will not be carried out until the Customer’s account is paid in full. If any works are required outside of the timeframe that in Team Smartfix’s opinion is reasonable for the specific type of Service, it will be deemed a new scope and a new Quote will be provided to the Customer.
    6. AUSTRALIAN CONSUMER LAW

      1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this Agreement are excluded.
      2. Nothing in this Agreement is intended to limit the operation of the ACL. Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the Goods or Services provided.
      3. If Team Smartfix is liable to the Customer in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, Team Smartfix’s total liability to the Customer for that failure is limited to, at the option of Team Smartfix:
        • in the case of Services, the resupply of the Services or the payment of the cost of resupply; and
        • in the case of Goods, the replacement of the Goods or the supply of equivalent Goods, or the repair of the Goods, or the payment of the cost of replacing the Goods or of acquiring equivalent Goods, or the payment of the cost of having the Goods repaired.
  14. WARRANTIES

    1. The warranties contained in this clause must be valid at all times during the term of the Agreement and will be continuing warranties which will survive the termination or expiration of this Agreement.
    2. The Customer warrants to Team Smartfix that as at the date of this Agreement and for the duration of this Agreement:
      1. the information contained in this Agreement is true and correct;
      2. the Customer is not entering this Agreement as trustee for any trust (unless disclosed);
      3. it has the legal right and power to enter into this Agreement;
      4. the execution, delivery and performance of this Agreement by the Customer has been duly and validly authorised by all necessary corporate action on its part;
      5. this Agreement is a valid and binding Agreement on the Customer, enforceable in accordance with its terms;
      6. the Customer is not bankrupt or insolvent and no receiver, liquidator, administrator or receiver and manager has been appointed over any part of its assets and no such appointment has been threatened;
      7. no proceedings have been brought or threatened for the purpose of bankrupting or winding up the Customer;
      8. no partner, director or shareholder of the Customer is bankrupt, a discharged bankrupt or in any form of receivership, administration or liquidation; and
      9. it has the capacity to make the payment in accordance with this Agreement.
  15. TERMINATION

    1. TEAM SMARTFIX’S RIGHT TO TERMINATE

      Team Smartfix may by written notice to the Customer, immediately terminate this Agreement (and shall have no liability for any Loss suffered by the Customer due to the termination) if:

      1. the Customer fails to make payment of any amount due under this Agreement on time or otherwise in accordance with these Terms;
      2. if the Customer becomes insolvent;
      3. if the Customer commits an act of bankruptcy or is made bankrupt;
      4. the Customer commits a breach of any term of this Agreement and either:
        1. the breach is irremediable; or
        2. the breach is remediable, and the Customer fails to remedy that breach within a period of 10 business days after the Customer has, or is deemed to have, received written notice requesting it to do so.
    2. CUSTOMERS RIGHT TO TERMINATE

      1. The Customer may terminate this Agreement if Team Smartfix breaches the terms of this Agreement and fails to rectify the breach within a reasonable time (being no less than 10 business days) of being given a notice to do so.
      2. The Customer acknowledges that on instructing Team Smartfix to proceed with the Services, Team Smartfix allocates resources and orders materials for the fulfilment of those Services, and as such any early termination by the Customer (other than as set out above) would cause damage to Team Smartfix. Given the above, the Customer acknowledges that it may not otherwise terminate this Agreement.
    3. CONSEQUENCES OF TERMINATION

      On termination of this Agreement:

      1. each party must immediately return to each other party, or (if requested by that party) destroy, any documents in its possession or control containing Confidential Information of the other party; and
      2. the Customer must immediately pay to Team Smartfix all amounts payable to Team Smartfix (including amounts that are payable but not due), and Team Smartfix may invoice the Customer with respect to:
        1. the Services performed by Team Smartfix under this Agreement up to the date of termination and such invoice shall be payable immediately on receipt;
        2. the Goods supplied by Team Smartfix under this Agreement up to the date of termination and such invoice shall be payable immediately on receipt; and
      3. Team Smartfix will, at its discretion, either:
        1. deliver to the Customer any Services which have been paid for in full by the Customer; or
        2. refund any amounts paid by the Customer for Services not provided as at the date of termination; and
      4. No rights, liabilities or remedies of any party will be invalidated by the termination.
    4. SURVIVAL

      Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

  16. OWNERSHIP, RISK AND ASSIGNMENT

    1. Notwithstanding anything to the contrary express or implied in this Agreement, the parties agree that Team Smartfix retains full title to the Goods and title will not at any time pass to the Customer until the purchase price for the Goods and all other amounts owing in respect of the Goods are paid to Team Smartfix notwithstanding:
      • the delivery or collection of the Goods to/by the Customer (as the case may be);
      • installation in or attachment of the Goods to the Customer’s property; and/or
      • the possession and use of the Goods by the Customer.
    2. Even if Team Smartfix retains ownership of the Goods, all risk for the Goods passes to the Customer on delivery of the Goods to the Customer or the nominee of the Customer.
    3. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Team Smartfix is entitled to:
      • receive payment for the Goods; and
      • receive all insurance proceeds payable for the Goods. The production of this Agreement by Team Smartfix is sufficient evidence of Team Smartfix’s rights to receive the insurance proceeds without the need for any person dealing with Team Smartfix to make further enquiries.
    4. The Customer acknowledges and agrees that:
      • it will not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let, hire or otherwise part or attempt to part with personal possession of or otherwise deal with the Goods without the express written consent of Team Smartfix;
      • it will, if requested by Team Smartfix, return the Goods to Team Smartfix following non-fulfilment of any obligation of the Customer (including payment of monies) without limiting any other right Team Smartfix may have;
      • it will deliver up the Goods to Team Smartfix upon demand by Team Smartfix and give Team Smartfix or its agents or authorised representatives the right to enter any premises occupied by the Customer and any premises where it believes any Goods may be stored (without liability for trespass or any resulting damage) and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods and agrees to indemnify Team Smartfix and its agents and/or authorised representatives from any damage, injury and/or loss arising from such recovery or attempted recovery of the Goods from the Customer’s possession or control;
      • it holds the proceeds, book debts and accounts receivable arising from selling or hiring of the Goods on trust for and as agent for Team Smartfix immediately when they are receivable or are received; and
      • Team Smartfix may recover as a debt due and immediately payable by the Customer all amounts owing by the Customer to Team Smartfix in any respect even though title to the Goods has not passed to the Customer.
  17. CONFIDENTIALITY & PRIVACY

    1. PRIVACY

      The parties must comply with:

      1. if applicable, their respective obligations under the Privacy Act 1988 (Cth); and
      2. Team Smartfix’s privacy policy as in force from time to time.
    2. CONFIDENTIAL INFORMATION

      1. Except as contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any Confidential Information disclosed to it by the other party without its prior written consent.
      2. This clause 17.2 does not apply to:
        1. information which is generally available to the public (other than as a result of a breach of this Agreement or another obligation of confidence);
        2. information required to be disclosed by any law; or
        3. information disclosed by Team Smartfix to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this Agreement.
  18. LIMITATION OF LIABILITY

    1. (Liability) To the maximum extent permitted by applicable law, Team Smartfix limits all liability in aggregate of all Claims to the Customer (and any third parties who encounter the Services or Goods through the Customer) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Agreement or any goods or services provided by Team Smartfix to the amount paid by the Customer to Team Smartfix under the relevant Quote.
    2. (Consequential loss) To the maximum extent permitted by law, under no circumstances will Team Smartfix be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Agreement or any goods or services provided by Team Smartfix (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  19. INDEMNITY

    1. The Customer indemnifies Team Smartfix and its employees, contractors and agents in respect of all liability for any Claim(s) by any person (including any third party who encounters the Goods or Services) arising from:
      1. the Customer’s or the Customer’s employee’s, client’s, contractor’s or agent’s:
        1. breach of any term of this Agreement;
        2. negligent, wilful, fraudulent or criminal act or omission;
      2. any components or materials supplied by the Customer or its personnel;
      3. any services carried out by third parties;
      4. any defect or damage where such defect or damage is caused by or arises as a result of, or directly or indirectly in connection with, the Customer (or the Customer fails to take reasonable steps to prevent them from becoming defective), any other person (such as the Customer’s other contractors, staff and agents), fair wear and tear, or any accident or circumstance outside the reasonable control of Team Smartfix; and
      5. any damage to the Premises where the Goods and/or Services are provided.
  20. IF THE PARTIES HAVE A DISPUTE

    1. If an issue between the parties arises under this Agreement that cannot be resolved day-to-day, the parties will make genuine efforts in good faith to participate cooperatively in mediation, at equal shared expense of the parties.
      1. The parties will conduct mediation through the Australian Disputes Centre (ADC) and in accordance with the ADC’s Guidelines for Commercial Mediation (as current at the time of the dispute).
      2. The parties will follow the mediator’s recommendations on the extent of mediation required, and when to stop mediation if the issue cannot be resolved.
      3. If mediation does not resolve the issue, the parties must:
        1. if they haven’t already done so, engage independent legal representation at their own expense to understand the strength of their arguments; and
        2. based on that advice, if settlement is not achieved, participate in arbitration (or other dispute resolution mechanism agreed in mediation) through the ADC at equal shared expense.
      4. The parties will follow the binding outcome of arbitration (or other agreed mechanism).
      5. Either party may at any time during this process make an offer for settlement. The parties acknowledge and agree it is in their best interests to properly consider all genuine settlement offers. The parties will use best endeavours to avoid litigation and reach a prompt settlement.
      6. The process in this clause does not apply where a party requires an urgent injunction.
  21. FORCE MAJEURE

    1. A ‘Force Majeure Event’ means any occurrence beyond the control of the Affected Party which prevents the Affected Party from performing an obligation under this agreement (other than an obligation to pay money), including any:
      1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
      2. strike or other industrial action;
      3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
      4. decision of a government authority in relation to COVID-19, or other epidemic or pandemic,

      to the extent the occurrence affects the Affected Party’s ability to perform the obligation.

    2. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
      1. reasonable details of the Force Majeure Event; and
      2. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
    3. Subject to compliance with clause 21.2, the relevant obligation will be suspended during the Force Majeure Event to the extent that the obligation is affected by the Force Majeure Event.
    4. The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible and resume performing the relevant obligation.
  22. NOTICES

    1. Any notices required to be sent under this Agreement must be sent via email using the party’s email addresses most commonly used by the parties to correspond in relation to this Agreement at the time the notice is sent.
    2. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
  23. GENERAL

    1. Governing Law and Jurisdiction
      This Agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    2. Severance
      If a clause of this Agreement is void or unenforceable it must be read down to the extent necessary to give it legal effect or severed from if it cannot be read down and the remaining part and provisions shall remain in full force and effect.
    3. Amendments
      This agreement may only be amended in accordance with a written agreement between the parties.
    4. Waiver
      No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    5. Assignment
      The Customer must not transfer or assign its rights under this Agreement without the prior written consent of Team Smartfix. Team Smartfix may transfer, assign or otherwise dispose of its interest in this Agreement upon giving written notice to the Customer.
    6. Counterparts
      This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one Agreement.
    7. Costs
      Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.
    8. Entire Agreement
      This Agreement embodies the entire Agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or Agreement, express or implied, in relation to the subject matter of this Agreement.
  24. DEFINITIONS & INTERPRETATION

    1. DEFINITION

      In this Agreement unless inconsistent with the context or subject matter:

      1. ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth));
      2. Claim” means any claim, action, demand or proceeding however arising (including under contract, statute, common law or equity) in respect of any Loss or alleged Loss;
      3. Confidential Information” means information relating directly or indirectly to Team Smartfix, its assets and the operation and affairs of Team Smartfix, including without limitation, this Agreement and the Goods and Services;
      4. Deposit” means the percentage of the Fees as set out in the Quote payable in accordance with clause 5.2;
      5. Fees” means the price payable for the Goods and/or Services set out in the Quote as set out in clause 4.1;
      6. Goods” means those goods that Team Smartfix agrees to supply to the Customer pursuant to the Quote;
      7. GST” has the meaning given to it in the A New Tax System (Goods and/or Services Tax) Act 1999 (Cth);
      8. Loss” includes (without limitation) the following, whether direct or indirect, special or consequential in nature:
        1. loss, damage, costs (including legal costs on a solicitor and own Customer basis), action or expense of any kind; and
        2. to the extent not covered in the preceding subclause, loss of profits, opportunity, use, revenue, goodwill, bargain, production, sales turnover, income, reputation (or damage to it), employment, corruption or destruction of data, customers, loss relating to or in connection with any other contract, business or anticipated savings, reduction in value, any delay or financing costs or increase in operating costs, or any other financial or economic loss; and
        3. anything referred to in the preceding subclauses relating to or arising out of or in connection with:-
          1. personal injury (including death or disease) to the Customer;
          2. personal injury (including death or disease) to any third party; or
          3. loss of or damage to the property of Team Smartfix, the Customer or any third party; and
          4. a breach or non-compliance by Team Smartfix or the Customer with any law;
      9. Premises” means the premises where the Goods and/or Services will be provided as set out in the Quote;
      10. Services” means those services that Team Smartfix agrees to supply to the Customer pursuant to the Quote;
      11. Term” has the meaning given in clause 3.3.
    2. INTERPRETATION

      In this Agreement unless inconsistent with the context or subject matter:

      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (currency) a reference to $; or “dollar” is to Australian currency;
      3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
      7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
      8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
      10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

24 hours a day, 7 days a week emergency plumbing, gas and electrical service

Our fully licensed on-call plumbers & electricians in your local area are available after hours and on weekends to assist with any emergency plumbing & electrical requirements.

Fast and reliable 24 hour
emergency service.

Rely on us to answer the phone and get out to you straight away.

Emergency plumbing & electrical services in the Perth Metro area.

BOOK A PLUMBER OR ELECTRICIAN ONLINE

SEND US AN ENQUIRY AND WE'LL GET BACK TO YOU.

CALL US TO GET A QUOTE OR MAKE A BOOKING

YOU'LL SPEAK TO A QUALIFIED PLUMBER OR ELECTRICIAN.