Jim’s Mowing Central Victoria and Western Victoria Region

Customer Terms and Conditions for the provision of goods and/or services.

  1. PARTIES
    The Suppler is that Franchisee named in the Terms and Conditions Schedule at Item 1.
    The Customer is that person/(s) named in the Terms and Conditions Schedule at Item 2
  2. DEFINITIONS
    1. The Supplier is the business named in the Terms and Conditions Schedule at item 1
    2. The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
    3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
    4. The Order shall be defined as any request for the provision of Goods and/or Services by the Customer with the Supplier which has been accepted by the Supplier either in writing or verbally.
    5. The Goods are the products and/or components provided by the Supplier.
    6. The Services are all the delivery and/or supply of Goods or labour provided by the Supplier, including any advice or recommendations.
    7.  The Premises are the land or land and buildings where the Services are to be carried out.
    8. The Price is the amount invoiced for Goods supplied and/or Services provided.
    9. Invoices include invoices for Goods supplied or for Services provided, or both.
  3. GENERAL
    1. These Terms and Conditions together with the Supplier’s written or verbal quotation form this Agreement.
    2. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions only and may not be varied unless expressly agreed to by the Supplier in writing.  In the event that an     inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these Terms and Conditions will prevail.
    3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
    4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
    5. In these Terms and Conditions, words importing persons shall apply to corporations.
    6. Where more than one Customer completes this Agreement each shall be liable jointly and severally.
    7. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.
    8. The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
    9. The Customer acknowledges that the Supplier may detail these Terms and Conditions on its website. In this event, the Terms and Conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.
    10. The Customer covenants that he is either the owner of the Premises or is acting with the authority of the Owner.
    11. Where the Customer is a Real Estate Agent, or any Agent acting on behalf of the owner of the premises:
      1. The Real Estate Agent, or Agent will provide written proof that they have authority to act on behalf of the owner in respect of specifically requesting these goods and/or services and that their scope of authority allows them to engage the supplier for the total cost of the goods and/or services to be provided.
      2. In the event the Real Estate Agent, or Agent’s written scope of authority does not allow for requesting the goods and/or services, the Real Estate Agent, or Agent shall provide the contact details of the property owner to the supplier to enable the supplier to confirm that the requested goods and/or services can be carried out.
      3. In the event that the Real Estate Agent, or Agent either refuses or is unable to provide the property owner’s details, the Real Estate Agent, or Agent accepts full and irrevocable responsibility for the request of the goods and/or services and will be considered to be the Customer.
  4. PLACEMENT OF ORDERS
    1. Orders placed by the Customer with the Supplier will be considered valid when placing the Order verbally and/or in writing.
    2. Customers must provide the Supplier with a signed Quote or Purchase Order before any Goods or Services are provided for any work totalling $100 or more.  Requests for work under $100 can be verbally     requested and confirmed by sms, email or verbally.
    3. The Supplier may request a deposit of 50% of the total of the requested order to be paid prior to goods being purchased by the supplier from Third Parties.
    4. Any Quotation issued by the Supplier shall expire fourteen (14) days after the date of issuing.  The Supplier may provide Quotations to the Customer by verbal communication and/or in writing.
    5. All prices are based on taxes and statutory charges current at the time of the Quotation.  Should these vary during the period from the date of the Quotation to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.
  5. PRICE
    1. At the Supplier’s sole discretion the Price shall be either:
      1. As detailed on invoices provided by the Supplier to the Customer in respect of Goods and or Services supplied; or
      2. The Supplier’s quoted Price as for the Order (subject to clause 5.2).
    2. The Supplier reserves the right to change the Price in the event of a variation to the Supplier’s Order, and notice will be provided in writing by the Supplier within a reasonable time.
  6. SUPPLY AND DELIVERY OF GOODS
    1. The Supplier reserves their right to:
    2. Decline requests for any Goods requested by the Customer.
    3. Cancel or postpone the delivery of Goods at their discretion.
    4. Delivery of the Goods shall be deemed to be complete when the Goods are collected by the Customer or are delivered to the Customer or to the carrier as nominated by the Supplier and/or Customer.
    5. Unless specified by the Supplier to the contrary in the Order, the Supplier does not warrant that it will be capable of providing the Goods at specific times requested by the Customer during the term of this     Agreement.
    6. Subject to otherwise complying with its obligations under this Agreement, the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of providing the Goods and of     satisfying the Customer’s expectations of those Goods.
    7. In the discharge of its duties, the Supplier shall comply with all reasonable directions of the Customer as to the nature and scope of the Goods to be provided.
    8. Nothing in the above clause shall effect the Supplier’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this Agreement.
    9. The Supplier may agree to provide, on request from the Customer, additional Goods not included or specifically excluded in the Quotation/Order. In this event, the Supplier shall be entitled to make an     additional charge. Additional Goods includes, but is not limited to, alterations, amendments, and any additional visits by the Supplier after provision of the Goods at the request of the Customer.
  7. PROVISION OF SERVICES
    1. The Supplier reserves their right to:
      1. Decline requests for any Services requested by the Customer.
      2. Cancel or postpone appointments at their discretion.
    2. Unless specified by the Supplier to the contrary in the Order, the Supplier does not warrant that it will be capable of providing the Services at specific times requested by the Customer during the term of this Agreement.
    3. Subject to otherwise complying with its obligations under this Agreement, the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of providing the Services and of satisfying the Customer’s expectations of those Services.
    4. In the discharge of its duties, the Supplier shall comply with all reasonable directions of the Customer as to the nature and scope of the Services provided.
    5. Nothing in the above clause shall effect the Supplier’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this Agreement.
    6. The Supplier may agree to provide, on request from the Customer, additional Services not included or specifically excluded in the Quotation/Order. In this event, the Supplier shall be entitled to make an     additional charge. Additional Services includes, but is not limited to, alterations, amendments, and any additional visits by the Supplier after provision of the Goods and/or or Services at the request of the     Customer.
    7. The Customer is responsible for ensuring that the Goods are secured at the Premises and warrants to be responsible for any loss, damage or theft of the Goods delivered by the Supplier to the Premises.
  8. PAYMENT AND CREDIT POLICY
    1. Any reference to Customer shall include all Customers, unless it refers to a specific group of Customers.
    2. For credit purposes, the two main groups of Customers are Non-Account Customers and Account Customers.
    3. Non-Account Customers
      1. The Customer must make full payment to the Supplier upon the completion of the Services and/or supply of the Goods.
    4. Account Customers
      1. Seven (7) day account customers must make full payment to the Supplier within Seven (7) days from the date of issue of invoice.
    5. Credit will only be granted at the sole discretion of the Supplier.
    6. Any credit granted may be revised by the Supplier at any time and at its discretion.
    7. Penalty Interest shall run on the amount of monies outstanding from the date due for payment until the date payment is made at the rate prescribed by the Penalty Interest Rates Act (Vic) plus two per centum (2%).  The current penalty interest rate was fixed by the Attorney General under section 2 of the Penalty Interest Rate Act 1983 at 10% per annum with effect on and from 1 February 2017.
    8. The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these Terms of Conditions or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency.
    9. The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.
  9. GOODS AND SERVICES TAX
    1. GST refers to Goods and Services tax under the Goods and Services Act 1999 (“GST Act”) and terms used herein have the meanings contained within the GST Act.
    2. It is agreed between the Customer and the Supplier that the consideration for the Supplier expressed in this Agreement is exclusive of the Supplier’s liability of GST.
      1. The Customer will pay to the Supplier, in addition to the total purchase Price, the amount payable by the Supplier of GST on the taxable supply made by the Supplier under this Agreement;
        1. The Supplier shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST Act and Regulations.
  10. DISHONOUR OF CHEQUE
    1. If any cheque issued by the Customer or by any third party in payment of the Price is dishonoured:
      1. The Supplier may refuse to supply any further Goods until satisfactory payment is received in full, including bank fees and charges;
      2. The Supplier is entitled to treat the dishonour of the Customer’s cheque as a repudiation of this Agreement and to elect between terminating this Agreement and affirming this Agreement, and in each case claiming and recovering compensation for loss or damage suffered from the Customer.
      3. The Customer may be liable for a dishonoured cheque fee equal to any costs incurred by the Supplier charged by their banking institution.
  11. DEFAULT
    1. Invoices issued by the Supplier shall be due and payable within seven (7) days from the date of issue of invoice (unless otherwise stated on the invoice) (“Default Date”). Without prejudice to any other rights of     the Supplier, the Customer may be charged account keeping fees of $10 on a monthly basis on any payment in arrears.
    2. If the Supplier does not receive the Outstanding Balance for the Price on or before the Default Date, the Supplier may, without prejudice to any other remedy it may have, forward the Customer’s outstanding     account to a debt collection agency for further action. The Customer acknowledges and agrees that:
      1. After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this Agreement;
      2. In the event of the Customer being in default of the obligation to pay and the overdue account is then referred to a debt collection and/or law firm for collection, the commission payable where the collection agency charges commission on a contingency basis shall be calculated as if the agency has achieved one hundred percent recovery and shall be added to the debt and the legal costs, whether incurred directly or by the agency shall be calculated on the indemnity basis and added to and form part of the debt and the total shall be treated as a liquidated demand.
  12. TERMINATION AND CANCELLATION
    Cancellation by Supplier
    1. The Supplier may cancel any Order to which these Terms and Conditions apply or cancel delivery of Goods at any time before the Goods are delivered provided by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage or consequential loss or damage whatever arising from such cancellation.
    2. Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
      1. Any money payable to the Supplier becomes overdue; or
      2. The Customer becomes insolvent, 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
      3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
    3. Cancellation by Customer
    4. Any Order cannot be cancelled by the Customer unless expressly agreed to by the Supplier in writing.
    5. In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.
    6. If the Customer places an Order with the Supplier and the Supplier places an Order with a third party Supplier to meet the Customer’s request, the Customer shall be liable for the Price of the Goods ordered if the Customer cancels the Order and the Goods have already been dispatched.
  13. ACCESS
    1. The Customer shall, where relevant, ensure the Supplier has full and safe access to the Premises and any necessary essential services, resources, equipment, materials and information.
    2. The Customer will be charged an additional fee if the Supplier’s work is interfered with or no proper or safe access is provided to the Supplier.
    3. The Supplier will not be held responsible for any delay due to inclement weather, failure of the Customer to provide required Items or changes requested to be made by the Customer and/or in any circumstances beyond the Supplier’s reasonable control.