Terms & Conditions – Managed Properties

TERMS OF SERVICE – Managed Property (Real Estate Agencies, Managed Buildings & Apartments, Air BnB & any other Managed Property)

1. Property Manager Representations

1.1 The parties acknowledge that the Client is a property manager and is the agent for the owner of the premises in which the services are provided (the site).

1.2 The Client (you) acknowledge and warrant to Queensland Appliances (us) that you have full authority to accept these terms of service and can comply with all requirements including the granting of lawful access to the site.

1.3 You are fully responsible for ensuring payment of our account and will seek any reimbursement necessary from your own client without setoff or recourse from Queensland Appliances.

1.4 It is your sole responsibility to cancel any goods or services provided at the site, in circumstances where your relationship with the owner has been terminated. Notwithstanding any termination of agency with the owner, you will remain liable to us for any works completed or goods delivered to the site.

2. Acceptance

2.1 We will only accept an order for the supply of goods or services from you in writing, including your approval of quotes.

2.2 Any order received by us from you for the supply of goods or services or your acceptance of goods or services from us will constitute acceptance of the terms and conditions contained herein.

2.3 Where more than one client has entered into this agreement, you will be jointly and severally liable for all payments of the Price. We reserve the right to enforce payment against any one or all of you at our sole discretion and without having to provide reasons.

2.4 Upon acceptance of these terms and conditions by you, the terms and conditions are binding and can only be amended with our written consent.

2.5 You must give us not less than thirty (30) days prior written notice of any proposed change of business or any change in your business, company or trading name and/or any other change in your details (including but not limited to, changes in your address, phone number, email or business practice). You will be liable for any loss incurred by us as a result of your failure to comply with this clause.

3. Quotes

3.1 Quotes are valid strictly for 30 days. After the 30 days, it is your responsibility to request a new Quote to ensure fees and costs remain current.

3.2 You acknowledge and accept that some Items are not able to be fully diagnosed without first replacing faulty parts. If defects persist after faulty parts have been replaced, then a further quote may be provided by us to continue the repairs. If we deem an item irreparable, a replacement Item may be quoted.

3.3 Our quotes and invoices serve as a factual report of the works we complete on site, for this reason you must not amend or edit the descriptions on quotes and invoices provided. A breach of this clause may jeopardise the warranty provided herein.

3.4 If you notice a discrepancy in an invoice/quote, please raise it with us as soon as possible as later changes are complex to adjust and not always possible.

3.5 Quotes to replace, without prior diagnosis, are only possible for like-for-like replacements, simple appliances or where the requested information about the appliance has been provided in full. The model number of the current appliance must also be supplied to determine if a quote to replace can be prepared without needing a technician to attend.

4. Bookings

4.1 When making a booking, we will make suitable arrangement to access the site with you or another person nominated by you, including provision of keys. If you or the person nominated fails to comply with the pre-agreed access arrangement, then clause 6.9 will apply.

4.2 At our sole discretion, a deposit may be required at the time a booking is made.

4.3 Notwithstanding clause 3.2, you will at all times remain liable for the payment of any work already undertaken by us (i.e. Service Fee and labour/parts from first attendance) and original quote.

4.4 Upon placing a booking, we will provide you with a designated window in which our technician will attend the site for the delivery of the Services (the booking window). The booking window will vary depending on the technician and the area serviced.

4.5 You must ensure that access to the site is provided at all times during this booking window. Failure to provide access may results in additional charges (see clause 6).

5. Price and Payment

5.1 The Price of the Item and Services will be as set out in Queensland Appliances’ valid and current Quote and/or Schedule of Fees (i.e the Quote has not lapsed. See clause 3.1).

5.2 We reserve the right to change the Price in the event of a request from you to vary the Item or Services from the original quote. In which case, the Price will be as indicated on invoices issued by us to you in respect of the Item or Services.

5.3 Pre-ordered parts without diagnosis are non-refundable or creditable and must be paid in advance.

5.4 We may, at our discretion, require you to pay for parts, items, service and or labour fees in advance.

5.5 The due date for payment of accounts will be included on the Invoice (the due date). Invoices must be paid strictly by the due date. Time for payment for the Services is of the essence.

5.6 We may suspend your account for failure to make payment by the due date. In such circumstances, all current and future works will be suspended until your account has been paid up to date.

5.7 This agreement and the terms of payment are between you and us only. Any claims for payment or reimbursement from third parties, such as your insurer, tenants or clients, shall be your sole responsibility. We are not responsible for any disputes or delays in receiving payment from such third parties.

5.8 Payment cannot be restricted in any way whatsoever by restricting access to the site. See clause 4.5.

6. Delivery of Services

6.1 At our sole discretion, delivery of the Services will take place when: (a) you take possession of the Services &/or Items at our address; or (b) you take possession of the Services &/or Items at your nominated site where the Services &/or Items are delivered by us or our nominated carrier.

6.2 The cost of delivery is included in the Price.

6.3 You will make all arrangements necessary to take delivery of the Services &/or Items whenever they are tendered for delivery. In the event that you are unable to take delivery of the Services &/or Items as arranged then we will be entitled to charge a reasonable fee for redelivery.

6.4 Delivery of the Services &/or Items to a third party nominated by you is deemed to be delivery to you for the purposes of this agreement.

6.5 Our failure to deliver the Services &/or Items on the scheduled date or time will not entitle either party to treat this contract as repudiated.

6.6 We will not be liable for any costs, loss or damage whatsoever as a consequence of our failure to deliver the Services &/or Items (or any of them).

6.7 You must ensure that we are granted reasonable and lawful access to the site at reasonable times in order to provide delivery of Item or Service.

6.8 If the Item that requires our Service is attached or installed to a wall or cabinet (or similar), then you are responsible for ensuring that the Item is uninstalled, disconnected or removed from the said wall or cabinet prior to our attendance. We may, at our sole discretion, agree to uninstall or remove the Item from the wall or cabinet. In such circumstances, you fully indemnify us from any loss or damage caused in the process.

6.9 If we attend at the delivery address and (a) no access is granted or (b) we are unable to complete the Service for any reason outside our control (i.e., ill-described information, unexpected complications) then the call out fee/labour will be charged and payable in accordance with time spent on site (non-attendance fee).

6.10 You must contact us and cancel/reschedule your booking at least 8 hours in advance of the booked appointment time to avoid incurring the non-attendance fee.

7. Risk

7.1 The risk of Services &/or Items passes to you on delivery by Queensland Appliances.

7.2 You will be liable for the cost of any damaged Items if those Items are damaged at a delivery location nominated by the Client.

8. Title

8.1 You and we agree that ownership of the Services &/or Items will not pass until: (a) you have paid us for all amounts payable for the particular Item &/or Services; and (b) you have complied with the terms of this agreement in full.

8.2 Payments made to us, other than in cash, will not be deemed received until that form of payment has been honoured, cleared or recognised, and until then our ownership or rights in respect of the Services &/or Items will continue.

8.3 It is further agreed that: (a) until such time as ownership of the Services &/or Items passes from us to the you, we may give notice in writing to you to return the Services &/or Items or any of them to us. Upon such notice your rights to ownership or any other interest in the Services &/or Items will cease. (b) if you fail to return the Services &/or Items to us then we or our agent may enter upon and into land and premises owned, occupied or used by you, or any premises as your invitee, where the Services &/or Items are situated and take possession of the Services and/or Items.

9. No Representations

9.1 You acknowledge that the Services &/or Items are bought relying solely upon your own skill and judgment and we have not made any representation with respect to its fitness for purpose or suitability to you.

10 Default & Consequences of Default

10.1 Without limiting our rights under this agreement or at law, you will be liable for all enforcement costs incurred due to your breach of this agreement by you, including expenses related to the retrieval of outstanding amounts in their entirety. These costs may include, but are not limited to, debt recovery fees, legal fees, service fees, search fees and court application fees on a full indemnity basis.

10.2 Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment), we may suspend or terminate the supply of Services &/or Items to you and any of our other obligations under the terms and conditions. We will not be liable to the Client for any loss or damage you suffer upon exercise of our rights under this clause.

10.3 Without prejudice to our other remedies at law, we will be entitled to cancel all or any part of any order of which remains unfulfilled and all amounts owing to us will, whether or not due for payment, become immediately payable in the event that: (a) any money payable to us becomes overdue, or in our opinion the you will be unable to meet the payments as they fall due; or (b) you become insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of its creditor; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your asset.

11 Defects, Warranties and Returns

11.1 You must inspect the Items on delivery and must within seven (7) days of delivery notify us in writing of any evident damage, shortage in quantity, or failure to comply with the description or quote. You must notify any other alleged defect in the Item as soon as reasonably possible after any such defect becomes evident. Upon such notification you must allow us to inspect and/or remedy the defect.

12 Cancellation

12.1 We may cancel any order to which these terms and conditions apply or cancel delivery of Services &/or Items at any time before the Services &/or Items are delivered by giving written notice to you. On giving such notice we will repay to you any sums paid in respect of the Price. We will not be liable for any loss or damage whatever arising from such cancellation.

12.2 In the event that you cancel delivery of Services &/or Items you will be liable for any loss incurred by us (including, but not limited to, any loss of profits) up to the time of cancellation. You must give at least 8 hours’ notice for cancellation of a job, failing which an attendance fee will be charged and payable in addition to any costs incurred by us.

13 General

13.1 If any provision of these terms and conditions will be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.

13.2 These terms and conditions and any contract to which they apply will be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.

13.3 Queensland Appliances will be under no liability whatever to you for any indirect or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these terms and conditions.

13.4 In the event of any breach of this contract by us, your remedies will be limited to damages which under no circumstances will exceed the Price of the Services &/or Item.

13.5 You will not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to you by us.

13.6 We may license or sub-contract all or any part of our rights and obligations without your consent.

13.7 We reserve 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 we notify you of such change.

13.8 Neither party will be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

13.9 Our failure or delay in enforcing any provision of these terms and conditions will not be treated as a waiver of that provision, nor will it affect our right to subsequently enforce that provision.

14 Warranty

14.1 Provided that you have paid your invoice in full ‘as and when’ due, any warrant-able items or services which are found to be defective will be replaced or repaired (as determined by us) if a claim is made in writing within three (3) calendar months of delivery. This clause is subject to clause 8, 10 and 11.

14.2 We will not be required to reimburse you for any expense incurred in applying for a remedy, including, but not limited to, any phone calls, postage, legal costs, etc.

14.3 We will not be held responsible or liable for any damages or failures caused by third-party components, electrical faults, pests, animals, weather conditions, harsh environments, abuse, neglect of care, tampering by another party, improper use of the goods and services beyond their intended purpose or contrary to the manner described in the manufacturer’s manual or instructions or the acts or omissions of the Client.

14.4 We will not be responsible for any Item or parts of an Item that break as a consequence of age, excessive or incorrect use, being of poor quality or design.

14.5 We will not be liable for any indirect or consequential loss incurred by any party as a result of the purchase or installation of a product whether supplied or installed by us or another party, including damage to food or other personal belongings.

14.6 In circumstances where we are on site and the fault is not covered under our warranty herein, then we may, at our sole discretion, agree to repair the fault at your cost for parts and Labour, in addition to a full call out fee. You agree to pay the applicable fee and all costs incurred.

14.7 In some cases, parts which break are no longer available from our suppliers and manufacturers. In this case we will attempt to locate alternative or universal parts to repair the Item, however this is not guaranteed, and the cost will be borne by you.

14.8 If we are required by a law to accept a return of an Item, then we will only accept a return on the conditions imposed by that law.

15 Australian Consumer Laws

15.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

(a) to cancel your service contract with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

15.2 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

16 Dispute resolution

16.1 Any dispute between you and us will be resolved between the parties acting in good faith and in goodwill. 16.2 All complaints or disputes must be put in writing to: manager@qldappliances.com.au and we will endeavour to address any issues promptly and fairly.

16.3 If the issue is not addressed to your satisfaction, before taking any external action against us, you agree to participate in negotiations with us for a fair and acceptable resolution. You and us agree to act reasonably in such negotiations.

16.4 We appreciate at times there can be disagreements, miscommunication, misunderstanding and frustrations. We will always try our best to negotiate an acceptable resolution to any issues or concerns which may arise. If we still can’t come to a fair, mutually satisfactory agreement, you should then contact the Department of Fair Trading, so they can help mediate a resolution between both parties. Web: http://www.qld.gov.au/law/fair-trading/

16.5 The parties agree to accept the recommendations or advice of the Department of Fair Trading’s recommendation and act accordingly.

17 Negative Online Reviews

17.1 We support freedom of speech including fair, honest and reasonable online reviews based on true and accurate facts and evidence. Nevertheless, we do not condone the use of social media platforms to air untrue and unsubstantiated allegations. Consequently, we reserve the right to take action against any party for our loss and damage, including legal fees on a full indemnity basis, court cost and loss of company turnover, with respect to any untrue or unproven negative review or articles published against us and/or our managers or employees.

18 Definitions

18.1 “We” or “Us” means J & L Collins Pty Ltd trading as Queensland Appliances, and its successors and assigns or any person acting on behalf of and with the authority of Queensland Appliances.

18.2 “You” means the client (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 to us.

18.3 “Services” means all electrical services supplied by us to you and includes any advice or recommendations.

18.4 “Price” means the price payable for the Services &/or Items as agreed between you and us in accordance with these terms.

18.5 “Item” or “Goods” means any electrical item or applicant which has been or is to be fixed and/or serviced by us at your request.