These Terms of Trade signed Work Authorisation and Direct Payment Request, and any quotation provided by Mia cleaner service limited are to be read together and form the entire agreement between you and Mia cleaner service limited the contracting parties.
In these Terms of Trade:
1.1 “Estimate” means the anticipated cost to complete the Work and is subject to change and is not legally binding upon Mia cleaner service limited.
1.2 “Property” means a Residential Dwelling, Commercial Building, or any other location where Mia cleaner service limited is contracted to perform the Work.
1.3 “Price” means the amount stipulated in any invoice issued by Mia cleaner service limited.
2.1 Unless stated otherwise, any Price, we give you before providing a written quotation or commencing any Work at your request is an estimate inclusive of GST of the anticipated cost for us to complete the Work and is not legally binding upon us. We undertake to notify you in writing as soon as reasonably practicable if the Price is likely to exceed the estimated cost.
3.1 All quotations are valid for 7 calendar days from the date of the quotation and are provided in writing. All Work quoted for more than $3,000.00 (including GST) is subject to the Customer first paying to Mia cleaner service limited when requested, a deposit of 50% of the Work price (including GST) or any other amount requested.
3.2 Mia cleaner service limited may request the Customer to make payment in advance for all Work quoted for which is less than $3,000.00 (including GST) before the Work will be commenced.
3.3 The customer is required to accept any quotation in writing before any Work will be commenced.
3.4 If any extra Work is necessary or requested after the quote is accepted and which is not described in the quotation, Mia cleaner service limited will communicate with the Customer in writing to advise that the extra Work.
3.5 will be invoiced on an Actual Cost basis and will be treated as a variation to the contract, which the Customer must agree to in writing. Mia cleaner service limited reserves their right to suspend any works until such time that the Customer provides written consent to any extra Work or variation to the works.
4.1 At our sole discretion the Price will be, and the Customer agrees to pay:
(a) the amount set out any invoice including GST provided by Mia cleaner service limited to the Customer.
5.1 We may require you to make payment in advance or pay a deposit, being an advanced part payment before we commence Work.
5.2 The Customer shall pay in full and without deduction or setoff for the Services within 20 working days.
5.3 If payment of any amount due is not received by the Due Date, you are in default and agree to pay interest at the base rate in “The Act” plus a 2.0% premium per month from the date payment was due until the date payment is received on the balance outstanding calculated in accordance with of The Act.
5.4 If payment on any invoice issued is overdue by 7 days or more from the Due Date, we may decide to suspend performing the service until the amount overdue and accrued interest is paid in full before any further service will be performed.
5.5 The Customer agrees to always provide power and water services at the property while the Work is carried out.
5.6 The Customer agrees to provide Mia cleaner service Limited with onsite parking, and always unimpeded access to the address to deliver and remove all necessary equipment, and to fully complete the Work.
5.7 The Customer must remove all items from the areas where Mia cleaner service limited is to Work (if is applicable).
6.1 The Customer agrees to notify Mia cleaner service limited in writing of any accident, breakage, damage to any item and alleged theft either before, or no later than the next following business day after the completion of the Work.
6.2 Mia cleaner service limited will not accept a claim for any loss if notice is not given subject to clause 10.1.
6.3 The Customer agrees to remove from the Property or store securely, before the commencement of the Work all cash, jewellery, art, antiques, rugs, and all items of sentimental value.
7.1 If you fail or refuse to be present on the day of the Service, you agree to withdraw your complaint. and pay all amounts owing subject to 5.2 and 5.3 above.
7.2 If we cause an accident of any kind or break any item, you agree to notify us in writing within 24. hours after the completion of the Service subject to 10.1 and 10.2 above.
7.3 Our liability subject to 10.1 above shall in no circumstances exceed either:
(a) the amount of $100.00 per item, up to a maximum of $500.00 if we do not claim on our current insurance coverage.
7.4 We shall have no further liability or responsibility for any losses of profits, revenue, business opportunity, anticipated savings, wasted overheads, and damage to goodwill, direct, indirect, or consequential injury, loss, or any damage whatsoever and howsoever arising.
8.1 We reserve the right to recover from the Customer or any other party all costs and/or expenses incurred in instructing a solicitor or debt collection agency to recover any amount overdue for payment (including any amount owing on any Order issued by the Disputes Tribunal or on any Judgment unpaid) and such costs and expenses shall bear interest as provided for in 6.5 above until the date of payment.
8.2 We reserve the right to refer any amount overdue for payment to Specialist Collections & Consultants Limited, their agent, assigns, or nominee for collection and you agree to pay their reasonable costs of collection for time and attendances incurred to collect the overdue amount from you.
9.1 Mia cleaner service limited, or their duly authorised agent may at any time collect, hold and use information relating to this Agreement for any purpose directly connected with its business including direct marketing, debt recovery, credit reporting or assessment, and to register any security interest, including collecting information from, and disclosing information to, related companies, including all Government Departments.
9.2 The type of information Mia cleaner service limited collects may vary it is likely to include: names, addresses, contact details, dates of birth, occupations, evidence of source of funds, and any other information which assists us in achieving our business purposes.
9.3 Information disclosed by Mia cleaner service limited or their agent to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services. Mia cleaner service limited, or its agent may notify any credit reporting agencies where any amount owing under this agreement has been outstanding for 30 days or more.
9.4 If any information that we require is not provided, Mia cleaner service limited reserves it’s right to delay provision of its services or perform its obligations until such time as it is provided directly by the client. Except where forbidden by law.
9.5 We take reasonable steps to ensure the security and confidentiality of personal information and the privacy of individuals. This includes measures such as physical security of files, electronic security, and authorisation procedures. We will not retain information for a longer period than is necessary for our business purposes.
9.6 It may be necessary for us to disclose personal information to companies or people we work with, agencies which may be able to verify your information, social media sites, courts, tribunals, and regulatory authorities.
10.1 The Customer agrees that these Terms of Trade will continue and apply to all future requests for the supply of Services.
11.1 We shall not be liable for any delay or failure to perform any obligation in whole or in part under these Terms of Trade if such delay or failure is due to Force Majeure (as that term is commonly understood). Nothing in this clause 19 shall excuse payment of any amount owing as it becomes due under the terms of trade.
12.1 We may communicate with you electronically from time to time, including sending you Commercial Electronic Messages (as defined in the Unsolicited Electronic Messages Act 2007) and by agreeing to this Contract you consent to such communications.
12.2 Electronically transmitted information cannot be guaranteed to be secure or virus or error free and consequently such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use. We will not be liable to you in respect of any error, omission or loss of confidentiality arising from or in connection with the electronic communication of information to you. If you do not accept these risks, you should notify us in writing that you do not want us to communicate electronically with you.
13.1 Except where we have expressly accepted responsibility to you under these Terms subject to clause 13.6(a), you will keep us protected against any legal action taken against us and pay any costs, losses, or expenses we incur in connection with your use of our services or any failure by you to comply with these Terms.
14.1 If Mia cleaner service limited carries out any Work that is defined by S6 of the Construction Contracts Act 2002 (“Construction Act”) as Construction Work, it is agreed:
(a) the Price of the Construction Work is defined
(b) that payment for all Construction Work is due in 6.2 above.
(c) The Customer will pay all variations as agreed in 5.2(a) above.
15.2 The Customer agrees to remove all Health and Safety Hazards from the property either before the commencement of the Service or at any time during the performance of the Service when requested by us.
15.3 The Customer agrees to have cancelled the service by failing to remove any Hazard when requested to do so and will pay the agreed Price.
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