Terms & Conditions of Trade

5star Cleaners Terms & Conditions of Trade

General

  • In these terms & conditions of trade the “Company” means 5star Cleaners.
  • The “Customer” means the purchaser of goods and services.
  • Any Goods or Services supplied or completed by the Company for the Customer will be supplied on these terms and conditions.
  • Any purchases made by the Customer will be deemed to comply with these terms and conditions.
  • By placing an order for use of the Company’s services (by telephone, fax, email, website forms etc.), the Customer is deemed to have read and accepted these Terms and Conditions and you acknowledge that your signature is not required.

Price

  • The Company’s prices are exclusive of Goods and Services Tax unless otherwise stated, and the Customer is required to pay GST in addition to the price.
  • The Company’s prices are subject to alteration without notice and the price payable by the Customer for the goods and services ordered shall be the price current at the date the goods and services are received by the Customer.
  • A vehicle/service charge will be added to all invoices produced by the Company, unless otherwise agreed.  This charge covers costs associated with the Company’s vehicle fleet including but not limited to; fuel, road user charges, and general warranty and maintenance costs.
  • Labour costs include any time spent travelling to and from the Depot to the Customer, including any time taken to procure any materials and goods required for the job.
  • Labour costs also include administration in relation to the job.

Payment

  • Payment terms will be stated on each invoice.
  • The Company reserves the right to request payment for any goods and services prior to commencement of works.
  • If you do not pay the Account owing on time we may, at our option:
  • If full payment for any goods and/or services is not made to the Company by the due date for payment, then the Customer shall be in default and the Customer shall at the Company’s discretion (and without affecting any other right the Company may have), pay default penalty interest of 30% per month on any amount outstanding to the Company.
  • Suspend or restrict your use of the Services.
  • Terminate Services.
  • Refer your account to our debt collection agency.
  • You shall be liable for ALL costs incurred by us in recovering any amount owing including debt collection agency commissions, fees and/or other charges, and legal costs.

Suspension, Cancellation or Alteration

  • If the Customer requests suspension or cancellation of the work or supply of goods, the Company may increase the agreed price to cover any resulting extra expense should this apply or out of pocket expenses.
  • Two weeks written notice is to be given by the Customer to the Company in the event of suspending or cancelling contracted regular services. The Company will give the Customer two weeks written notice of the intention to cancel contracted services; however immediate suspension or cancellation of a contract by the Company may result if default of payment for goods and services by the Customer occurs.
  • In the event of cancellation of contracted services by the Customer, which will result in a loss of employment for a Company employee who regularly undertakes the contracted service for the Customer, the Customer will follow Employment Relations Amendment Act 2006 regarding “Vulnerable Workers” which relates to employees providing cleaning services. Where the Customer requires a change in services by the Company, they will contact the Company Office directly with reasonable notice so that the Company may arrange
  • changes as required with the Company employees, alteration to services required is not to be made with the Company employees directly by the Customer.
  • The Company reserves the right to recover costs relating to changes, including but not limited to staff wages of affected employees.

Quoted Work

  • Quotations are valid for 30 days from the date of quotation unless otherwise stated.
  • Prices current at the date of quote are subject to alteration after 30 days or in the event of supplier price variation.
  • Quotations exclude Goods and Services Tax, unless otherwise stated.
  • Any quotes provided by the Company for the Customer are based on the cost at quotation date of materials, labour, rates of exchange, insurance, freight, duty, taxes and other cost items over which the Company has no control. Any increase in price caused by these factors will be added to the price and become payable by the Customer unless the Company has agreed in writing to waive this provision.
  • Any quotes issued by the Company affected by any price variations may require a price review, and increases caused by these variations may be passed on to the Customer.
  • To avoid such price increases the Customer may be asked to purchase materials in advance to obtain quoted rates prior to price increase.
  • Any materials purchased will be charged to the Customer at the end of the month of purchase and payment shall be due as per the payment terms stated above.
  • Quotations are inclusive of travel time and travel costs.
  • All goods and services are subject to supplier availability and supplier price variation. If there is a substantial change, this will necessitate a price review.

Force Majeure

  • The Company will not be liable for failure to meet its obligations if the failure is brought about by a force majeure circumstance (i.e. any circumstances outside the Company’s control).

Limitation of Liability, Claims and Acceptance

  • The Company’s liability for any loss (including consequential loss & loss of profits), damage or expense arising out of the services provided is limited at the Company’s option, to either:
  • Re-do any part of the work which the Customer is entitled to reject; or
  • Refund the price of the work which the Customer is entitled to reject.
  • Complaints are accepted in writing (letter, e mail or Fax). Complaints must be reported on completion or in the following 8-hour.
  • Any complaint or claim against Company must be made within 8 hours of the services being completed otherwise the Customer is deemed to have accepted the services and waived its rights to bring a claim against Company. If the Customer notifies Company within the 8 hour period, the Customer must allow Company on to the site within 18 hours of the notification to endeavour to rectify any concerns the Customer may have. If the Customer does not provide that access then the Customer is deemed to have accepted the Services and waived any and all claims against Company.