HANDY PEOPLE CO.

Terms and Conditions

 

Workmanship and Service Guarantee

HANDY PEOPLE CO. provides customers with a guarantee on all workmanship and services performed by HANDY PEOPLE CO. and our Contractors, covering the labour component on any job. This guarantee is valid for three months after the job completion date. All materials, products, and parts used for each project are covered by their individual product warranty and, unless able to pass on any third party warranties, HANDY PEOPLE CO. accepts no liability for, or on behalf of third-party product manufacturers. HANDY PEOPLE CO. endeavor to use high quality endorsed and certified products; and wherever possible, encourage customers to select from a range of suitable product options presented to them.

GENERAL TERMS AND CONDITIONS OF TRADE

 

1. Contract of Engagement

1.1: By engaging HANDY PEOPLE CO. (“the Supplier”) to perform services and/or supply materials (“Goods”), you (“the Customer”) agree to be bound by the following terms and conditions herein named (“Contract”).

1.2: Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all payments due to HANDY PEOPLE CO..

 

2. Warranty and liability

2.1: The Customer agrees that it must within seven days of the date of delivery or completion of the works, give written notice to HANDY PEOPLE CO., with particulars of any claim that the works are defective or not by the agreement between the HANDY PEOPLE CO. staff representative and the Customer. In the event that the Customer fails to give such notice within the said period, then to the full extent permitted by law, the works are deemed to have been accepted by the Customer, and all claims by the Customer against HANDY PEOPLE CO. for the works are extinguished, and the Customer must pay HANDY PEOPLE CO. for the works.

2.2: In the event of the Customer being reasonably unsatisfied with the works completed, the Customer agrees to allow HANDY PEOPLE CO. the opportunity to rectify the said works. Where the Customer refuses or otherwise prevents HANDY PEOPLE CO. from rectifying the works within seven days of advising HANDY PEOPLE CO. in writing of the particulars of any defect, to the full extent permitted by law, HANDY PEOPLE CO. shall not be liable to the Customer, and the Customer must pay all invoices in full to HANDY PEOPLE CO..

2.3: The Customer acknowledges that any advice given by HANDY PEOPLE CO. about the suitability for any purposes of the works is done so with the information presented at the time and on occasion, advice can and may vary as changes to the project arise or unforeseen issues are presented.

2.4: These terms and conditions do not affect the rights, entitlements, and remedies compulsorily conferred on the Customer under the Competition and Consumer Act 2010 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.

2.5: If liability cannot be excluded, to the fullest extent permitted by law, HANDY PEOPLE CO.’s liability to the Customer shall be restricted at HANDY PEOPLE CO.’s option to a refund of the invoiced amounts paid by the Customer to HANDY PEOPLE CO., or replacement of the works.

 

3. Retention of Title

3.1: HANDY PEOPLE CO. will retain title to Goods delivered to the Customer or installed on behalf of the Customer until HANDY PEOPLE CO. has received full payment for them and all other sums owing to it by the Customer.

3.2: HANDY PEOPLE CO.’s right to retain title does not affect its rights as an unpaid service provider.

3.3: If the Customer, fails to make any payment to HANDY PEOPLE CO. when due, HANDY PEOPLE CO. is entitled, and the Customer grants HANDY PEOPLE CO. a license, to enter the Customer’s premises and land where the Goods are situated with or without notice and to re-take possession of and remove, at the Customer’s cost and expenses, the Goods in respect of which title has not passed to the Customer. HANDY PEOPLE CO. shall be entitled to use the Customer’s name and to act on the Customer’s behalf in exercising these rights and is not liable for any costs, losses, damages or other expenses suffered by the Customer or any third party in respect of HANDY PEOPLE CO.’s retaking possession and removing of Goods.

 

4. Payment of deposits and accounts

4.1: For any works over $1,000 in value, a deposit payment of minimum 50% is required to be paid by the client to HANDY PEOPLE CO.’s nominated bank account at the time of job booking and must be received before any works commence. Materials cost is paid upfront before the commencement of any works.

4.2: Unless otherwise agreed in writing, the Customer must pay the invoices for all Goods and Services (collectively known as “the works”) and any other charges as invoiced, at the time that the invoice is issued to the Customer, which is normally immediately upon job completion. The Customer must pay all invoices in full.

4.3: Unless otherwise agreed, full payment must be received and cleared in HANDY PEOPLE CO.’s nominated bank account within seven days of the due date as specified on the invoice. Late payment fees shall be applied to all overdue accounts. A $25 Late Payment fee will be applied to all invoices more than 15 days in arrears and each day subsequently thereafter.

4.4: The Client shall not be entitled to set off against or deduct from the total of the invoiced amount any sums owed or claimed to be owed to the Client for HANDY PEOPLE CO.

4.5: Should the client wish to claim any such adjustment to be made to the amount owed to HANDY PEOPLE CO. by the Client, written notification of such claim must be received by HANDY PEOPLE CO. within seven days of invoice due date. Should an adjustment request be accepted by HANDY PEOPLE CO., a new revised invoice will be issued by HANDY PEOPLE CO. to the client, and written notification will be made by HANDY PEOPLE CO. to the client making void the original invoice. Unless such written communication is made by HANDY PEOPLE CO. confirmation adjustment/revision of the invoiced amount, the original invoice remains intact, and the client is liable to pay the full amount of the original invoice within seven days or receiving written notification from HANDY PEOPLE CO. regarding the outcome of the Client’s invoice adjustment claim request. Late payment fees may be applied to the outstanding account from this date forward by provision 4.3 of this document.

4.6: If the Customer, fails to make any payment to HANDY PEOPLE CO. when due, the Customer agrees to pay all HANDY PEOPLE CO.’s costs of recovering or attempting to recover from the Customer all outstanding fees, including any mercantile agent’s costs and legal costs on a full indemnity basis.

4.7: The Supplier reserves the right to change the Price:
(a) if a variation to the materials which are to be supplied is requested; or
(b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Works are required due to the discovery of hidden/unforseen or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, availability of machinery, delays in production, obscured site/building defects which require remedial work, health hazards and/or safety considerations (such as the discovery of asbestos), prerequisite work by any third party not being completed or hidden pipes and wiring in walls, etc.) which are only discovered on commencement of the Works; or
(d) in the event of increases to the Supplier in the cost of labour or materials which are beyond the Supplier’s control.
4.8 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within seven (7) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

 

5. Cancellation of scheduled works

5.1: HANDY PEOPLE CO. may cancel this contract at any time before the delivery of goods or services by giving written notice issued via email. HANDY PEOPLE CO. shall not be liable for any loss or damage whatsoever arising from such cancellation.

5.2: The Client may cancel the Works within five days of appointing HANDY PEOPLE CO. to undertake the work subject to a cancellation fee 20% of the total value of the “Works” as specified on the approved quote. In the event that materials or products were

5.3: A refund of deposit amount paid by the Client to HANDY PEOPLE CO. for any cancellation of scheduled “Works”; may or may not be returned to the client at the sole discretion of HANDY PEOPLE CO. or its agents, employees, suppliers or subcontractors.

5.4: If the client wishes to cancel the scheduled “Works,” then the Client shall be liable for all reasonable costs incurred by HANDY PEOPLE CO. up to the time of, or as a direct result of the cancellation. (including, but not limited to, any loss of profits).

 

6. General

6.1: These terms and conditions will be governed by the laws of the state of Victoria and the parties submit to the jurisdiction of this state.

6.2: If any provision of this Agreement is judged invalid, void, illegal or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.

6.3: HANDY PEOPLE CO. shall be under no liability whatsoever to the Client for any indirect loss and expense (including loss of profit) suffered by the Client arising out of a breach by HANDY PEOPLE CO. of this contract.

6.4: These terms and conditions constitute the entire agreement between the parties.

 

7. Heavy Machinery

For any project involving the use of Heavy Machinery, HANDY PEOPLE CO. will always take every feasible precaution to avoid and minimise any risk of property damage. We do so by using ground mats where possible, identifying any foreseeable hazards that may arise from the plant that has the potential to harm the health or safety of any person or to cause property damage. However, from time to time and due to the nature of heavy machinery, accidents do occur such as; cracks to pavers/concrete, and as such, by agreeing to this quote, you accept that HANDY PEOPLE CO. will not be held liable and any costs associated with any repair work will be assumed by the customer unless otherwise agreed upon between both parties.

 

8. Selections

From time to time, colour variations can occur with different paint manufacturers. For any paint supplied by the customer, HANDY PEOPLE CO. cannot be held liable for any colour mismatches, issues with application for specialised paints and/or variations. Any additional paint that is required to complete or remedy works, the customer hereby agrees that HANDY PEOPLE CO. will be reimbursed for any additional costs incurred.

 

9. Supply and pricing of goods

Due to the ongoing complexity of post-lockdown consequences and the unfortunate economic impacts worldwide, availability of products and materials are not guaranteed due to supply chain disturbances and shortages. As a result of Supply and Demand, prices for products can increase without notice and may impact cost of works and timelines. HANDY PEOPLE CO. will do our best to honour our original quote however in some cases, this is not possible. In these events, a price increase variation will be discussed and generated.

 

10. Hidden Services
10.1 Prior to the Supplier commencing any work the Client must advise the Supplier of the precise location of all hidden services on the site and clearly mark the same (including but not limited to any mains/services in wall cavities). The mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
10.2 Whilst the Supplier will take all care to avoid damage to any services the Client agrees to indemnify the Supplier in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 10.1.