The initial quotes we provide are based on an estimate as per the information imparted over the phone, or an estimate on based on Google maps or a street view assessment. These quotes might not be 100% accurate and a detailed quote could be provided before commencement of cleaning, while the original quote could be void. All the provided quotes are for solar panel or gutter cleaning unless stated otherwise.
BOOKING & ACCEPTANCE OF TERMS
The customer/client/user, by making a booking with Solar and gutter Cleaning for any of its services by default accepts the Terms & Conditions.
Considering the nature of the job it is very difficult to be precise with the time of arrival for your solar panel and gutter cleaning. The reason being that the operators are unable to accurately determine how long the job before yours might take, traffic on the roads, and equipment. Hence, we provide a window of 4-hour blocks. We are happy to clean without your presence too, as solar panel and gutter cleaning does not require you to be at home.
We accept payment through cash, bank transfer and credit card only for all residential jobs which is payable on the day of the clean. We charge 5% interest a month while the account remains unpaid. We require you/client/customer to pay our expenses and legal costs incurred in obtaining payment on an indemnity basis. We reserve the right to charge you $10 for letters, $10 for legal notices, $20 for returned payments, and any third-party costs involved in tracing you, returned cheques, debt collection and legal action. We also have the right to pass unpaid accounts to a debt collector/solicitor for legal action or debt recovery, to whom we may assign the debt and all rights without any restriction. If you dispute an unpaid invoice and claim to have made payment, it is your responsibility to prove that payment has arrived and has been cleared. We cannot and do not accept any liability for cheques, postal orders or cash that has been lost in the post. We strongly do not advise sending cash via post.
SOLAR PANEL CLEANING
The system we use for solar panel cleaning is 100% Pure Water System which leaves the Solar Panels spotless, the disc rotating Solar Brush we use does not damage the panel surface, and we do not use any chemicals that could damage the solar panels.
GUTTER CLEANING & GUTTER GUARDS
We use a good old school manual method. if the situation requires us to, we use a pressure cleaner to pull out the dirt. If you have gutter guard around your gutters already, some methods might not be the best. We can remove gutter guard after cleaning, but this will add significantly to the overall quote provided to you. Please do not hesitate to discuss it with the team. Gutter clearance and cleaning do not mean including the removal, repair or replacement of any part of the gutter or the gutter downpipes. Solar and gutter cleaning cannot accept any liability for leaks and overflows that may arise after gutter cleaning.
If you have any concerns with the job, or your clean, you must report/inform to Solar and gutter cleaning no later than 48 hours after the time of cleaning. Since the nature of solar panel and gutter cleaning is such, complaints registered after 48 hours will not be considered.
Terms & Conditions of Trade
SOLAR AND GUTTER CLEANING Terms & Conditions of Trade
1.1 “Seller” shall mean Solar and Gutter Cleaning, its representative or any person working on behalf of and with the authority of Solar and Gutter Cleaning.
1.2 “Client” or “Customer” shall mean the Client or customer (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Seller to the Client.
1.3 “Guarantor” will mean that a person (or persons), or entity, who is in agreement with Solar and Gutter Cleaning to be liable for the debts of the Client on a principal debtor basis.
1.4 “Services” would be defined as all Services supplied by the Seller to the Client/Customer and may include any advice or recommendations.
1.5 “Price” will mean the price payable for the Services as agreed between the Seller and the Client/Customer as per clause 4 of this contract.
2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts wherever applicable.
3.1 Any instructions and information received by the Seller from the Client/Customer for the supply of Services and/or the Client’s/Customer’s acceptance of Services supplied by the Seller would constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Client/Customer has entered into this agreement, the Clients shall be jointly liable for all payments constituting Price.
3.3 After the acceptance of these terms and conditions by the Client/Customer the terms and conditions are binding and are allowed to be amended with the written consent of the Seller.
3.4 The Client/Customer shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, or business practice). The Client shall be liable for any loss incurred by the Seller as a result of the Client’s failure to comply with this clause.
3.5 Services are supplied by the Seller only on the terms and conditions of trade herein to the exclusion of anything in contradiction to the terms of the Client’s order notwithstanding that any such order is placed on terms that aims to override these terms and conditions of trade.
4. Price & Payment of Price
4.1 It shall be at the Seller’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Seller to the Client for Services supplied; or
(b) the quoted Price by the Seller (subject to clause 5) that shall be binding upon the Seller provided that the Client must accept the quotation provided by the Seller, precisely in writing within thirty (30) days of providing the client with the quote.
4.2 It shall be at Seller’s sole discretion that a deposit might be required.
4.3 It shall be at the Seller’s sole discretion payment for approved Clients shall be due thirty (30) days after issuing the invoice.
4.4 The time for payment for the Services shall be of the essence and would be stated on the invoice or any other forms. If no time is stated, then payment shall be due seven (7) days from the date of invoice.
4.5 Payment will be made by cash, cheque, or by direct credit, or by any other method as agreed to between the Client and the Seller.
4.6 The GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Variation to the Price
5.1 Unless otherwise stated by the Seller, the quotation is inclusive of a single Service only and any additional Services will be treated as a variation to the Price and the Payment should be made accordingly.
5.2 The Seller’s quotation will be based on the conducting the job on the nominated site at the time of inspection by the Seller for quotation purposes. Any variation to the nominated site in this state will be treated as a variation to the Price.
5.3 The Seller holds the right to change the Price in the event of a variation to the Seller’s quotation. Any variation as a result of increases to the Seller in the cost of materials and labour will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice issued by Solar and Gutter Cleaning.
6. Delivery of Services
6.1 At the Seller’s sole discretion, the delivery of Services will take place when the Client takes possession of the Services at the Client’s nominated address (in the event that the Services are delivered by the Seller or the Seller’s nominated carrier).
6.2 At the Seller’s sole discretion the costs of delivery are included in the Price.
6.3 It shall be the Client’s responsibility to ensure that the nominated site is reasonably ready for the Seller to start the Services, with minimal tradespersons and works in progress.
6.4 The Client should make all arrangements necessary to take delivery of the Services whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Services as arranged (including, but not limited to, the Seller being unable to commence the Services as per clause 6.3) then the Seller shall be entitled to charge a reasonable fee for redelivery (outlined in clause 12.2).
6.5 Delivery of the Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
6.6 It shall be the Client’s responsibility to ensure the requested completion date is realistic and truthful in order for the Seller to provide the Services by the requested deadline. The Seller shall not be liable for any loss suffered by the Client where the requested completion date is inaccurate, unattainable or unreasonable.
6.7 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
6.8 The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Services (or any of them) promptly or at all where due to circumstances beyond the control of the Seller.
7.1 If the Seller retains ownership of the Services, all risk for the Services passes to the Client on delivery.
7.2 The Seller is not liable for any defects in glass, frames, fittings and/or joinery revealed during the performance of the Services delivered by the Seller. Any defects revealed shall be reported to the Client by the Seller on completion of the Services.
7.3 The Seller shall not be liable for any loss or damage whatsoever caused by water entering the premises due to faulty workmanship by third parties or electrical faults. The Seller shall take due care where required.
8.1 The Seller and the Client/Customer will agree that ownership of the Services shall not pass until:
(a) the Client/Customer has paid the Seller all amounts owing for the particular Services; and
(b) the Client/Customer has met all other obligations due by the Client to the Seller in respect of all contracts between the Seller and the Client.
8.2 The receipt by the Seller of any form of payment other than cash will not be deemed as payment confirmation until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights in respect of the Services shall continue.
9. Errors and Omissions
9.1 The Client/Customer shall inspect the Services on completion and shall within forty-eight (48) hours of completion (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Client shall give the Seller an opportunity to inspect the Services within a reasonable time following completion if the Client believes the Services are defective in any way. If the Client shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage. For defective Services, which the Seller has agreed in writing that the Client is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Services or rectifying the Services, except where the Client has acquired Services as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase Price or replacement of the Services.
10. Default & its Consequences
10.1 The interest on overdue invoices shall accumulate daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) for every calendar month (and it is at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
10.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by the Seller.
10.3 If the Client does not make a payment of the full price as issued in the invoice when it is due, the Client will indemnify the Seller from and against all costs and disbursements costed to the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller’s collection agency costs.
10.4 Without prejudice to any other remedies the Seller may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. The Seller will not be liable to the Client for any loss or damage the Client suffers because the Seller has exercised its rights under this clause.
10.5 If any account remains overdue after seven (7) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied(at the discretion of the Seller) for administration fees which shall immediately become due and payable.
10.6 Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the situation that:
(a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client 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 Client or any asset of the Client.
11. Security and Charge
11.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever:
(a) where the Client/Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client /Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitled to lodge a warning where appropriate, which shall be withdrawn once all payments and other monetary obligations payable as per the terms and conditions have been met.
(b) If the Seller elects to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.
12.1 The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Client. On giving such notice the Seller shall repay to the Client any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
12.2 In the event that the Client/Customer cancels delivery of Services, the Client/Customer must ensure the Seller is provided with at least forty-eight (48) hours notification from the intended delivery date or the Client/Customer shall be liable for a late notice fee (which shall be a minimum of four hundred and fifty dollars ($450.00) per day) and any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
13. Privacy Act 1988
13.1 The Client/Customer and/or the Guarantor/s agree for the Seller to obtain from a credit reporting agency a credit report containing personal credit information about the Client/Customer and Guarantor/s in relation to credit provided by the Seller.
13.2 The Client/Customer and/or the Guarantor/s agree that the Seller may exchange information about the Client/Customer and the Guarantor/s with those credit providers either named as trade referees by the Client/Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to conduct an assessment of an application by the Client/Customer; and/or
(b) to provide a notification to other credit providers of a default by the Client/Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client/Customer is in default with other credit providers; and/or
(d) to determine the credit worthiness by assessment of Client and/or Guarantor/s.
13.3 The Client/Customer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
13.4 The Client/Customer agrees that personal credit information provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Client/Customer and Seller or required by law from time to time:
(a) provision of Services; and/or
(b) marketing of Services by the Seller, its agents or distributors in relation to the Services; and/or
(c) analysing, verifying and/or checking the Client’s/Customer’s credit, payment and/or status in relation to provision of Services; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client/Customer; and/or
(e) enabling the daily operation of Client’s/Customer’s account and/or the collection of amounts outstanding in the Client’s/Customer’s account in relation to the Services.
13.5 The Seller may give information about the Client/Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client/Customer; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client/Customer.
14. Intellectual Property
14.1 All copyright, data, text, images, graphics, imbedded videos, trademarks, photographs, and other intellectual property like content on www.solarandguttercleaning.com.au is owned by the Seller, Solar and Gutter Cleaning. You are only allowed to view the Content for your own personal non-commercial use.
15.1 If there is any provision of these terms and conditions that are invalid, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected.
15.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state of Victoria and are subject to the jurisdiction of the courts of Victoria.
15.3 The Seller will not be under any liability whatsoever to the Client/Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client/Customer arising out of a breach by the Seller of these terms and conditions.
15.4 if there is any breach of this contract by the Seller the remedies of the Client/Customer shall be limited to damages which under no circumstances shall increase the Price of the Services provided by the Seller.
15.5 The Client/Customer will not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client/Customer by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
15.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Client’s/Customer’s consent.
15.7 The Seller holds the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Client of such change.
15.8 None of the parties involved will be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
15.9 The failure of not enforcing any provision of the terms herein on the Client/Customer by the Seller would not be treated as a waiver of that provision, nor would it affect the Seller’s right to enforce that provision in a subsequent manner.