Terms and Conditions
The following terms and conditions are incorporated as standard clauses to all service agreements (hereafter referred to as the “Agreement”) between you (the “Customer”) and Vacu-Blast Pty Ltd ABN 95613302131 (the “Service Provider”) which shall include its sub-contractors and/or agents. Use of our services constitutes your acceptance of these terms and conditions.
1. Advanced Cleaning & Restoration Services
- Subject to the terms of this Agreement, Vacu-Blast Pty Ltd agrees to provide its services (the “Service”) to the Customer at an address specified by the Customer (the “Premises”);
- The Service will be for such cleaning duties as agreed with the Customer at the time of booking;
- Unless otherwise agreed with the Customer, work will be conducted during normal working hours between 7:30am and 5:30pm Monday to Friday except on Public Holidays;
- The Service Provider will provide one or more Cleaning & Restoration Technicians (the “Technician”) to attend at the Premises to provide the Service at a time and date mutually agreed between the Service Provider and the Customer (the “Service Time”);
- Any changes to the scope of works undertaken as part of the Service must be agreed to by Vacu-Blast Pty Ltd Head Office prior to the Service Time;
- The attending Technician is not authorised to agree to any changes to the service
- The Service Provider reserves the right to decline to complete the Service if:
• The contaminant is deemed by the technician to be in a dangerous or difficult to access area;
• The contaminant is above a height of 2.5m, unless appropriate access is provided by the Customer;
• Removal is expected to cause damage to the underlying surface or substrate.
2. Pricing & Payment Terms
- The Customer agrees to pay the price quoted by the Service Provider at the completion of the Service Time;
- Any price quoted by the Service Provider is an estimate only based on the Service Providers experience or job details provided by the Customer if a site inspection has not been conducted prior to quoting;
- All quoted prices are valid for 30 days;
- If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote supplied by the Service Provider, Vacu-Blast Pty Ltd will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the additional Service;
- Unless otherwise agreed with the Customer, price will be a quotient of number of hours Service Time, the hourly rate as specified in part v. and the number of Technicians providing the Service;
- Our quotation is based on having unimpeded access to the Premises. Delays of more than 30 minutes that are beyond our control, may be charged at the current hourly rate as specified in part v. in addition to our quotation;
- Any site induction extending beyond 30 minutes may incur an additional charge at the current hourly rate as specified in part v. in addition to our quotation;
- Quoted prices do not include any provision for Security or OH&S requirements and costs while our Technicians are on site. These costs of providing these services if applicable would be additional and chargeable to the Customer;
- In the event that the Customer does not provide unimpeded or safe access to the Premises for The Service Provider or its Technicians to provide the Service, the Customer agrees to pay a cancellation fee equivalent to $110.00 (inclusive of GST) for time and travel expenses;
- Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts;
- The customer agrees to pay any goods and services tax (GST) imposed by the Federal Government, which will be added to the Service Providers fees and included in the Tax Invoice sent to the customer
- Trading terms are strictly C.O.D. Payment is required on completion of the Service. Payment can be made by Cash, Cheque, MasterCard, Visa Card or Direct Debit to the benefit of:
- Vacu-Blast Pty Ltd: BSB: 063-141 Account: 1049 9393
- On receipt of payment in cleared funds the customer will be emailed or posted a Tax Invoice/Receipt;
- In the event of non-payment the costs of debt recovery, including legal and mercantile agency fees is to be borne by the Customer;A Late Payment Fee of $50 will be levied for any payment still outstanding after 30 days from the date of Service and in connection with which a letter of demand has been issued;
- In default of any payment extending beyond 30 days the Service Provider reserves the right to charge interest at the rate set out by the Penalty Interest Rates Act 1983;
- The Customer must provide the Service Provider with at least 24 hours’ notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason. This notice must be made by a telephone call to a phone number supplied by the Service Provider
- Provided such notice is given the Service Provider will endeavor to reschedule the Service if required.
- In the event that the Customer does not provide 24 hours’ notice prior to the commencement of the Service, the Customer may at the discretion of the Service Provider be liable to pay a cancellation fee equivalent to 2 hours (inclusive of GST) for rescheduling costs.
4. Representations & Warranties
The Service Provider will endeavor at all times to provide the Service on time and to the highest professional standards. The Service Provider warrants its work to be free of defects subject to the following caveats:
- The Service Provider makes no guarantees as to the result obtainable as it depends upon the porosity of the substrate, the type and age of the contaminant and whether the actual method of application (or prior attempts at removal) has damaged the underlying surface or substrate;
- The Vacu-Blast methodology is a negative pressure jet cleaning system that removes surface contaminants without chemicals or water. It achieves this by using various aggregates depending on the surface being treated and the composition of the contaminant. The aggregates act as a gentle abrasive that will remove most contaminants whilst leaving the treated surface in its original condition. Some surfaces, whilst generally not visible to the eye, may appear slightly more textured to touch where contaminants have penetrated deep into the substrate. The Service Provider provides no warranties or guarantees that surfaces will be restored to their original state after treatment;
- All other warranties express or implied including but not limited to the implied warranties or merchantability, fitness for a particular purpose of the Service are disclaimed;
The Customer represents and warrants that they:
- Are authorised to use the Premises and procure the provision of the Service;
- Will provide a safe working environment at the Premises for the Technician to perform the Service;
- Provide The Technician with clear and unobstructed access to those areas of the Premises requiring the Service;
- Will advise the Service Provider prior to the commencement of the Service of any Occupational Health & Safety hazards at the Premises;
5. Disputes & Returns Policy
If the Customer is dissatisfied for any reason with the Service provided, it must inform the Service Provider within 48 hours of completion of the Service. On receipt of the complaint the Service Provider will endeavor to resolve the problem quickly and efficiently. The Service Provider may, at its discretion, offer the Customer either of the following remedies:
- A full or partial refund;
- Re-supply of the Service without charge, in order to rectify the issue;
- Such other remedy as the Service Provider deems appropriate;
6. Exclusions and limitations
To the maximum extent permitted by law the Service Provider’s liability for all claims, actions charges, costs, expenses, losses, damages and other liabilities (including negligence and any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency of any kind in the products used or services provided by the Service Provider) arising out of or in connection with the Service shall be limited to the amount of fees paid by the Customer. In no circumstances shall the Service Provider be liable for any loss of profits, cost of cover or other special, incidental, consequential or indirect damages arising out of or in relation to provision of the Service howsoever caused. Specifically,
- The only conditions and warranties which are binding on the Service Provider in respect of the state, quality or condition of goods and services supplied by the Service Provider are those imposed and required to be binding by law.
- To the extent permitted by statute, the liability of the Service Provider is limited to and completely discharged by the remedies set out under Section 5 Disputes & Returns Policy.
- The Service Provider will not be deemed responsible for non-completion of the Service as a result of a breach of a warranty by the Customer under Section 4 Representations & Warranties;
- The Service Provider will not be deemed responsible for any any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of the Service Provider;The Service Provider will not be liable for any loss incurred as a result of any breakage or damage to goods or the Premises
- The Customer indemnifies the Service Provider against all expenses, losses, legal fees or liabilities arising directly or indirectly as a result of the provision of the Service, including all expenses, losses, legal fees or liabilities caused as a result of a breach of the warranties of the Customer set out in Section 4.
In respect of Personal Information held in connection with this Agreement the Service Provider agrees:
- To use Personal Information only for the purposes of performing its obligations under the Agreement;
- Not to disclose Personal Information without the written authority of the Customer or as required by law. The Service Provider will immediately notify the Customer if it becomes aware that a disclosure of Personal Information may be required by law;
- Comply with the obligations set out in the Federal Privacy Act 1988 or its revisions, concerning privacy or data protection and for that purpose to negotiate in good faith any amendments required to this Agreement to achieve that compliance;
- Use all reasonable endeavors to ensure each person engaged by the Service Provider who has access to any Personal Information will not access, use, disclose or retain Personal Information provided under this Agreement, except in performing their duties of engagement;
- Immediately notify the Customer where the Service Provider becomes aware of a breach of clauses 10.1.1, 10.1.2, 10.1.3, 10.1.4 by the Service Provider or any Sub-contractor; and
- To co-operate with any reasonable requests or directions by the Customer arising directly from, or in connection with, a law of any jurisdiction concerning the security, use and disclosure of Personal Information.
The Service Provider may from time to time request permission to use the Customer as a broad reference for marketing purposes
8. Changes to Terms & Conditions
- The Service Provider reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
- The Customer agrees that any use of the Service following any such change constitutes their unconditional agreement to follow and be bound by the terms and conditions as changed.