TERMS AND CONDITIONS OF ENGAGEMENT

The following terms and conditions are the Terms and Conditions upon which Commercial Catering Repairs (ABN 54 607 385 884) and any person acting on its behalf and with its authority (“CCR”) will provide repair service to any person, business or corporation that engages CCR to provide repair services (“Client”).

The Parties now covenant and agree:

1 Interpretation and Definitions

1.1 In this document, unless the context requires otherwise:

(a) the singular includes the plural, the plural includes the singular and any gender includes each other gender;

(b) the word “person” includes a firm, a body corporate, an unincorporated association or an authority;

(c) the word “Goods” refers to the repair parts and associated components stated on any quotes or other paperwork that CCR provides to the Client;

(d) the word “Site” refers to the place where CCR’s work is carried out;

(e) a reference to a person or a Party includes that person’s or Party’s executors, administrators, successors in title and assigns;

(f) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally;

(g) an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;

(h) a reference to a thing includes a reference to the whole or any part of that thing;

(i) if a word or phrase is defined, cognate words and phrases have a corresponding meaning; and

(j) headings are for convenience only and do not affect the interpretation of this document.

2 Basis of these Terms and Conditions

2.1 The basis of these Terms and Conditions is for CCR to provide the Client with repair services and for the Client to pay CCR for providing the same.

2.2 CCR agrees that it will provide repair services to the Client with due care and skill.

2.3 The Client agrees that prior to placing an order with CCR, it has read and agrees to the Terms and Conditions in this document.

2.4 These Terms and Conditions may only be amended with CCR’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Parties.

3 Changes to these Terms

3.1 From time to time, CCR may need to change these Terms and Conditions to reflect its changing business. It may also need to change these Terms and Conditions if it is required to by law.

3.2 CCR may change the Terms and Conditions at any time.

4 CCR’s Fees

4.1 Project work: if the Client requests that CCR works on a specific project, CCR will provide the Client with an initial quote (“Quote”) prior to commencing any work for the Client. The Client will pay CCR a deposit of 50 percent of any Quote prior to CCR commencing any work (“Standard Deposit”). The Standard Deposit is non-refundable.

4.2 Service work: if the Client requests that CCR completes work and CCR does not request a deposit, the Client then agrees to pay a standard fee of $360 excluding GST to CCR for CCR’s initial visit to the Site, irrespective of whether or not CCR completes any work at the Site (“Callout Fee”). CCR can then charge $35 for each 15 minutes that it stays at the site.

4.3 If the Client requests that CCR provides a new machine, then CCR may require the Client to pay it a deposit of 50% of the quoted price of the hot water system (“Hot Water Deposit”). CCR will not refund the Hot Water Deposit under any circumstances and payment of the balance is due upon successful installation.

5 Payment of Invoices

5.1 The Client must pay the entirety of CCR’s invoice on the day of issue.

5.2 CCR accepts payment by cash, credit card (Visa or Mastercard) or electronic bank transfer.

5.3 If any invoice is not paid in full on the day of issue, then CCR:

1. may cease providing its services immediately;
2. will charge interest on the outstanding amount calculated from the due date of payment until payment is made in full. Interest will be charged at the rate of 8% per annum on the principal; and
3. if the Client does not pay the entire amount due on the invoice within 30 days, then CCR may, at its discretion, engage a lawyer to assist with collecting the outstanding account. The Client will be responsible to pay for all costs that CCR incurs regarding collection of the outstanding monies.

5.4 New clients are required to provide a credit card in order to book services. Accounts will not be provided unless and application form is submitted, an appropriate number of full pais jobs is undertaken and credit checking is performed. This is also at the discretion of CCR.

6 Change of Details

6.1 The Client shall give CCR not less than fourteen (14) days prior written notice of any proposed change in ownership of the Client and/or any other change in the Client’s details (including, but not limited to, changes to the Client’s name, address, telephone number, fax number, or email address). The Client shall be liable for any loss incurred by CCR as a result of the Client’s failure to comply with this Clause.

7 Cancellation

7.1 CCR may cancel its obligation to complete work to which these Terms and Conditions apply before it commences the works by giving either verbal or written notice to the Client. CCR shall not be liable for any loss or damage whatsoever arising from the cancellation; however, CCR will refund its Standard Deposit to the Client.

8 GST

8.1 Unless otherwise stated, the price for the services does not include GST.

9 Prolongation

9.1 Should CCR’s work be delayed for reasons beyond CCR’s control, then the Client shall indemnify CCR from any increased costs, losses or expenses due to the prolongation.

10 Site Access and Information

10.1 The Client will ensure that CCR has clear and uninterrupted access to the Site until CCR has completed its work. The Client shall indemnify CCR from additional costs or penalties if CCR cannot complete its work due to interrupted Site access.

10.2 Prior to CCR commencing work for the Client, the Client must advise CCR of the precise location of all underground mains and services on the Site and clearly mark the same. The underground mains and services that 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 and telephone cables.

11 Copyright

11.1 CCR has copyright in The Design. The Design means, design concepts, drawings and documents made pursuant to these Terms and Conditions.

11.2 CCR grants the Client an express but revocable license to use The Design for the project on the Site for which it was intended, subject to CCR being able to revoke the license in writing at its discretion. CCR will exercise its discretion reasonably.

12 Personal Property Securities Act 2009 (Cth)

12.1 The Client acknowledges until the Client pays in full for Goods supplied by CCR, CCR has title to the Goods. When CCR supplies the Goods to the Client, this gives rise to a Security Interest in the Goods in favour of CCR, being a Purchase Money Security Interest. CCR may register any Security Interest derived from the Goods on the Personal Property Security Register (“PPSR”) in any manner that it chooses. The Client must provide CCR with any information that it requires in order to effect registration with the PPSR. Regarding section 157(3) of the Personal Property Security Act 2009 (Cth), the Client unconditionally waives its right to receive any notice from CCR in connection with the registration of a Security Interest by CCR. The Client agrees that until title to the Goods passes to it that the Goods are not a fixture to land.

13 Indemnity

13.1 The Client shall:

(i) Ensure the Client or its representative remains on the Site during the performance of CCR’s work;

(ii) Sign off that the work was completed by CCR according to a quote or work authorisation form; and

(iii) Indemnify CCR from any claims or charges relating to damage and/or loss of property at the Site, this includes if there is damage and/or loss of property at the Site as a result of the Client not informing CCR about a pipe or cable.

14 Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

14.1 The Customer must inspect all materials on delivery (or the works on completion) and must within seven (7) days of delivery notify CCR in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must provide CCR with a reasonable opportunity to modify any defect/damage.

15 Termination

15.1 CCR may terminate this Agreement immediately after giving the Client notice in writing. Upon terminating the Agreement the Client must pay all of the outstanding balances of all invoices provided to the Client before the notice; and

15.2 If the Client does not pay CCR the outstanding balance, then CCR has the right to make a claim against the Client for breach of contract or in equity or both. Clause 5 of these Terms and Conditions would apply.

16 Promotional Material and Privacy

16.1 CCR may send you its newsletter and promotional material. If you do not want to receive its newsletter and/or its promotional material, email info@ccrperth.com to request that CCR ceases to send you this information.

16.2 The Client authorises CCR to collect, retain, record, use and disclose consumer and/or commercial information about the Client, in accordance with the Privacy Act 1988 (Cth) and its amendments, to people or legal entities who are a solicitor or any other professional consultant engaged by CCR, including a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.

16.3 CCR will not provide your personal information to any third party (outside of those mentioned in Clause 16.2) unless:

(i) It is required to do so by law;

(ii) The Privacy Act 1988 (Cth) requires it; or

(iii) You provide consent.

17 Severability

17.1 Any provision of these terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of these terms.

18 Governing Law

18.1 This Agreement shall be governed by the law of the State of Western Australia and CCR and the Client consent to the non-exclusive jurisdiction of the Courts of the State of Western Australia.

19 Variation

19.1 No variation of or any waiver of any of these Terms and Conditions will be of any force or effect unless they are in writing and signed by CCR the Parties.

CCR offers quality repair Perth locals know and trust, guaranteed to arrive on time with a courtesy call so you’re not waiting for us at the window like a lost puppy! Contact our expert repair technicians for 24/7 same-day repairs, emergencies and after hours service.