1. These terms and conditions govern all agreements for the provision of Goods and Services by the Seller, superseding any contrary terms and conditions from the Customer.
2. The Seller reserves the right to amend these Terms and Conditions, its policies, or any notices at its discretion. The Customer will be bound by any updated Terms and Conditions notified to them from time to time

3. In these Terms and Conditions and any Contract to which they apply, unless the context requires otherwise:

   1. Words in the singular include the plural and vice versa.

   2. References to:

      1. A person includes a corporation, government entity, and bodies politic.

      2. A statute, ordinance, code, or other law include regulations under it and any consolidations, amendments, re-enactments, or replacements

   3. Where more than one Customer has entered into this Contract, each Customer is jointly and severally liable for all payments of the Price.

1. “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth) and any other consumer protection legislation in force in Australia.“Contract” means this contract for the sale of Goods or Services by the Seller to the Customer and includes any plans and drawings prepared for the proposed Services.
2. “Customer” means the person who places an Order for Goods or Services from the Seller and includes any person acting on behalf of and with the authority of the Customer.

3. “Goods” means goods and products supplied by the Seller to the Customer and, where applicable, includes the supply of any Services.

4. “GST” has the meaning given to it in the “GST Act,” which is the New Tax System (Goods and Services Tax) Act 1999 (Cth).
5. “Liability” means all liability, including but not limited to damages and losses, liquidated damages, loss of profit, revenue, use, and economic or indirect and consequential loss.
6. “Order” means any order for the purchase of Goods or the supply of Services placed by the Customer with the Seller.
7. “PPSA” means the Personal Properties Security Act 2009 (Cth).
8. “Price” means the cost of the Goods as agreed between the Seller and the Customer, subject to any adjustments or variations in accordance with the terms of this Contract.
9. “Quote” means the estimated Price given by the Seller to the Customer to supply the Goods or perform the Services.
10.  “Seller” means Servpros Pty Ltd, trading as ‘Servpros,’ and its successors and assigns.
11. “Services” means all services supplied by the Seller to the Customer and includes any advice or recommendations and, where applicable, includes any supply of Goods

1. .Acceptance of the Quote and placement of an Order by the Customer constitutes unqualified and irrevocable acceptance by the Customer to be bound by these Terms and Conditions, which may only be varied or rescinded in strict accordance with these Terms and Conditions
2. No contractual obligation arises until the Seller has accepted an Order from the Customer.Goods and Services in Excess of $20,000.00
3. If the Price for the Goods and Services exceeds $20,000.00, the Customer may rescind the Contract within five (5) business days of placing the Order (the Cooling Off Period). If the Customer rescinds the Contract within the Cooling Off Period, the Seller is entitled to be paid from the deposit for:

   1. The cost of any Goods and Services already completed, including any materials and items purchased by the Seller.

   2. . The cost of any administration time, disbursements, permits, and planning expenses incurred by the Seller prior to the date of rescission.

4. If the amount due to the Seller

   :

   1. exceeds the deposit, the Customer must pay the balance within seven (7) days of receiving written notice.

   2. If the amount due is less than the deposit, the Seller will refund the surplus balance within seven (7) days.

1. The Goods and Services are described in the Quote and Order provided by the Seller to the Customer.

2. The Goods and Services supplied will, to the extent required by the Seller, comply with:
   1. The Building Code of Australia, as required under the Environmental Planning and Assessment Act 1979
   2. All relevant codes, standards, and specifications required by law.

   3. The conditions of any relevant development consent or complying development certificate.

3. he Seller is not liable for any failure to comply with these terms if:

   1. The design or specification is prepared by or on behalf of the Customer, including its consultants and expert advisors (excluding the Seller)

   2. The design or specification is requested by the Customer, and the Seller has advised the Customer in writing that it does not comply with the requirements set out in this clause or the Statutory Warranties under section 18B of the Home Building Act 1989

1. The Price payable by the Customer for the Goods and Services shall be the Price set out in the Order if the Seller’s Quote is accepted within thirty (30) days of the Quote date. If not accepted within this period or delayed due to factors not caused by the Seller, the Price shall be the Seller’s current price at the date of delivery or performance.

2. Payment of the Price shall be made by the Customer:

   1. By cash, cheque, bank cheque, credit card, direct credit, or any other agreed method.
   2. At the time of placing the Order, or if no time is stated, on the earlier delivery of the Goods or commencement of the Services.

   3. Where progress payments or instalments are agreed in the Order, at the time each payment or instalment is due.

      The Seller may cease works, stop works, or refuse to release Goods if the Customer has not paid the Price, instalment, or progress payment on the due date. Payment is recognized only when received in clear funds into the Seller’s bank account or when cheques have cleared

3. Any variation from the planned works, specifications, or additional works not reasonably anticipated by the Seller will be charged as a Variation. If a Variation is required:
   1. The Seller will provide a Quote for the Variation, and the Customer must notify acceptance within five (5) days.
   2. If the Customer does not accept the Variation within the five (5) day period the Seller is not obliged to perform the Variation. If the Customer accepts the Variation the Customer must pay for the costs of the Variation on the earlier of the next instalment date or on the date of completion of the works.The Seller may terminate this Contract, without liability to the Customer, if the Customer does not authorise the Variation and the Seller cannot reasonably proceed with the Services without undertaking the works proposed under the Variation.

4. The Seller may terminate the Contract if the Customer does not authorise the Variation and the Seller cannot reasonably proceed without it.Emergency works to prevent injury or damage will not require a prior Quote, and the Customer will be liable for the reasonable costs incurred.

5. A deposit may be required, which will be stipulated at the time of order and must be paid before work commences. Deposits are non-refundable if the work is cancelled by the Customer.

6. Time for payment of the Price is crucial. If the Customer fails to pay when due, the Seller may:
   1. Treat the Contract as repudiated.

   2. Suspend delivery of Goods or Services under this or any other Contract with the Customer.

   3. Charge interest at 2.5% per month, compounding monthly from the due date until payment.

7. The Customer cannot deduct from the Price for any set-off or counterclaim unless agreed in writing by the Seller.

8. The Customer must pay the Seller for any reasonable expenses incurred in recovering outstanding payments or enforcing defaults, including debt collection fees, Court costs, and solicitor fees.

9. If the Customer requests a detailed report in addition to the standard invoice, the Seller reserves the right to charge an hourly rate for preparing the report. The minimum charge is one hour’s labour. If the Customer does not agree to pay the estimated cost, the Seller is not obligated to provide the report and may request advance payment for preparation costs.

1. **Delivery Location**: Goods and Services will be delivered to the Customer’s specified address as indicated in the Order.

2. **Customer Responsibilities**:

   1. Obtain all necessary consents (including from the Body Corporate if applicable) and make arrangements for the Seller to access the delivery site
   2. Inform the Seller of any statutory restrictions or consents affecting the delivery or performance.

   3. Ensure safe and reasonable access to the site, including removal of any obstacles, and allow Seller’s personnel to perform their tasks during regular business hours..

3. **Delivery Estimates**: Any dates provided by the Seller for delivery or performance are estimates only. The Seller is not liable for delays due to causes beyond its control and may adjust the delivery time or cancel the Contract without incurring any liability.

4. **Partial Deliveries**: The Seller may deliver Goods or perform Services in parts or instalments, each considered a separate Contract.

5.  **Cancellation**: The Seller may cancel delivery at any time before delivery by providing written notice to the Customer and will not be liable for any resulting loss or damage.
6. The times specified for the performance, delivery, dispatch, or arrival of Goods, or for the performance of Services, are not essential to this Contract. Consequently, the Customer is not entitled to cancel the Contract due to any delays by the Seller in delivering the Goods or performing the Services by the estimated date.
7. Unless explicitly stated otherwise in writing, the Seller is permitted to make partial deliveries of Goods or perform Services in installments of any quantity they determine. These Terms and Conditions apply to each partial delivery or installment, with each considered as sold under a separate Contract that incorporates these Terms and Conditions.

1. **Title Retention**: Title to the Goods remains with the Seller until full payment is received for the Goods and any other amounts owed by the Customer.

2. **Customer Obligations Until Title Transfer**:  Hold the Goods as a fiduciary bailee.Keep the Goods separate and clearly identified as the Seller’sproperty.Return the Goods upon the Seller’s request or allow the Seller to reclaim them if the Customer fails to do so.

3. **Prohibition on Disposal**: The Customer must not dispose of the Goods until the title has passed.

1. **Risk Transfer**: The risk for the Goods or Services passes to the Customer upon notification of availability for collection or delivery. The Customer must insure the Goods from this point

2. **Condition Maintenance**: While holding the Goods, the Customer must maintain their condition and repair any damage

1. **Defective Goods**: The Seller will accept returns for defective Goods if:

   1. The Customer notifies the Seller within seven days of receipt.

   2. The Goods are in their original condition and packaging.
   3. The Goods are returned within 14 days of delivery with the Seller’s approval.

2.  **Failure to Notify**: If the Customer does not comply with the notification terms, the Goods are deemed to be in accordance with the Order.

3. **Remedies for Defective Goods**: The Seller may replace defective Goods or refund the purchase price.
   
   1. replace the Goods; or
   2. refund the Customer’s purchase Price or part of the Price where only part of the Goods delivered are defective.

4. **Non-Defective Returns**: The Seller may, at its discretion, accept non-defective Goods returns with a 15% handling charge plus transport costs.

5. **Manufacturer’s Warranty**: The Seller passes on any manufacturer’s warranty to the Customer but does not provide additional warranties unless required by Australian Consumer Law.
6. **Service Warranty**: Services and non-manufacturer warranted Goods will be free from defects and fit for purpose. The Seller’s liability is limited to replacement or refund..
7. **Defect Notification**: The Customer must allow the Seller to inspect and repair any alleged defects.
8. **Site Clean-Up**: Upon work completion, the Seller will remove all equipment and waste unless agreed otherwise, retaining ownership of any surplus materials.
   

9. **Damage Repair**: The Seller will repair any damage caused by its personnel, limited to the damaged area on a like-for-like basis.

1. **Termination Rights**: The Seller may terminate the Contract and any other agreements if the Customer:

   1. Defaults on any obligations.

   2. Faces distress or execution.
   3. Enters into negotiations for arrangements with creditors.
   4. The Customer commits any act of bankruptcy or if any petition in bankruptcy is presented against it;
   5. The Customer is a corporate body and the Customer becomes insolvent or goes into liquidation or if a receiver of the Customer’s assets or undertaking or any part of the Customer’s assets is appointed;
   6. The Customer is unable to pay its debts;
   7. The Customer has cancelled or threatened to cancel a payment; or
   8. Any consents, authorisations, licences or insurances which the Customer is obliged to obtain and maintain are not obtained or maintained in full force and effect.

1. To the maximum extent allowed by law, the Seller’s total liability for any claim related to a Contract or these Terms and Conditions is limited to the amount the Customer paid for the Goods or Services in question.

2. Nothing in these Terms and Conditions is intended to exclude, restrict, or modify any guarantee, condition, or warranty that the Seller is legally prohibited from excluding, restricting, or modifying. If such a statutory guarantee applies to these Terms and Conditions or to the Contract and the Seller breaches it, the Seller, where it is lawful and reasonable to do so, limits its liability, at its option, to:

   1. in the case of Goods:
      1. Replacing the Goods or supplying equivalent goods;;
      2. Repairing the Goods;
      3. Paying the cost of replacing the Goods or acquiring equivalent goods;
      4. Paying the cost of having the Goods repaired; or
      5. Refunding the Price or part of the Price.
   2. in the case of Services:
      1. Supplying the Services again;
      2. Paying the cost of having the Services supplied again; or
      3. Refunding the Price or part of the Price.
3. To the extent permitted by law, all other guarantees, conditions, warranties, representations, or liabilities (including liability for negligence) are excluded, except those expressly mentioned in these Terms and Conditions or the Contract.

4. For clarity, except as outlined above, the Seller provides no guarantee, condition, warranty, or undertaking regarding the condition, quality, or safety of the Goods or Services, or their suitability or fitness for any purpose unless explicitly stated otherwise in these Terms and Conditions

5. In the event of any discrepancies in the quantity of Goods delivered compared to the Contract:

   1.  If fewer Goods are delivered than stated in the Contract, the Customer has no right to reject the Goods.
   2.  If more Goods are delivered than stated in the Contract, the Customer, subject to clause 11.5(c), has the right to reject the excess Goods and is not obligated to pay for them unless they agree to keep them.

   3. If the Customer rejects any excess Goods, they must notify the Seller immediately and maintain the excess Goods in the same condition as when they were delivered. If requested by the Seller, the Customer must return the excess Goods to the Seller at the Seller’s reasonable expense

6. Neither party shall be liable for any default due to events beyond their reasonable control, including acts of God, war, terrorism, strikes, lockouts, industrial actions, fires, floods, droughts, storms, or other such events. The defaulting party shall remedy the default as soon as practicable after the event has ceased.

1. Regarding Goods that have been delivered but for which the Price or any part thereof remains unpaid, the Customer grants the Seller a purchase money security interest (PMSI) as defined in the PPSA, in the Goods and any proceeds from the sale of the Goods, to secure the payment of the Price.

2. The Customer agrees not to take or permit any actions that may result in the PMSI granted to the Seller being subordinated to any other security interest (as defined in the PPSA)..

3. The Customer will take all necessary steps (including obtaining consents, providing information, signing forms, or executing documents) as required by the Seller to enhance or perfect the security under the PPSA for the Goods and their sale proceeds, or to maintain the effectiveness or priority of any security interest under the PPSA.

4. The costs of registering a financing statement related to the PPSA will be borne by the Customer.
5. The Seller and the Customer agree that sections 125, 132(3)(d), 132(4), 135, 142, and 143 of the PPSA do not apply to the Contract and these Terms and Conditions or the security provided therein. To the extent permitted by the PPSA, they agree to waive and contract out of the right to receive any notice or statement under sections 95, 118, 124(4), 123, 130, 132(3)(d), 132(4), and 157. They also contract out of each provision of Part 4.3 of the PPSA, under sections 115(7) and 116(2), but only to the extent that these provisions impose obligations on the Seller. The Seller and the Customer will not disclose information as specified in section 27
6. The Customer, subject to applicable law, charges all of its land and real property (including any future acquisitions) in favor of the Seller to secure the payment of monies and the performance of the Customer’s obligations under this Contract, both as beneficial owner and as trustee of every trust. In this clause, “trust” refers to each trust for which the Customer holds land or real property as trustee property as trustee.
7. If the Customer is a trustee of any trust, it is bound by these terms and conditions and charges its land and real property as trustee. It is a proper exercise of the Customer’s authority and power under the trust instrument and at law to trade with the Seller and to charge its land in accordance with these terms and conditions.

1.   Invoices issued by the Seller comply with the terms of the Building and Construction Industry Security of Payment Act 1999 and any corresponding legislation applicable at the location where the Goods are delivered or the Services are performed.

### Privacy

1. The Seller collects your personal information to facilitate the supply of Goods and Services to the Customer. We will not use your personal information for any other purpose. The Seller’s Privacy Policy is available on our website.

### Miscellaneous.

1. The Customer is responsible for and must pay all stamp duty related to these Terms and Conditions, the Contract, or any related documents.
2. The Customer cannot make any alterations to any part of the Contract, including these Terms and Conditions, unless expressly accepted in writing by the Seller’s management team and confirmed in writing by the management team. The Seller’s agents, representatives, or contractors are not authorised to make any representations, statements, warranties, or agreements on behalf of the Seller that vary the terms of this Contract, and the Seller will not be bound by or liable for any such representations, statements, warranties, or agreements.

3. A single or partial exercise or waiver of a right related to these Terms and Conditions or the Contract will not prevent any other exercise of that right or the exercise of any other right.

4. These Terms and Conditions are governed by and construed in accordance with the laws of the place where the Goods and Services are provided. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State where the Goods and Services are provided.

5. Should any part of the Terms and Conditions, or the Contract, be held void or unlawful, these Terms and Conditions or the Contract are to be read and enforced as if the void or unlawful provisions or part-provisions had been deleted.
6. No course of prior dealing between the parties and no usage of trade shall be relevant to amend, supplement, or explain any term used herein.
7. If GST is imposed on any supply made under or in accordance with these Terms and Conditions, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount must be made at the same time as payment for the taxable supply is required to be made in accordance with these Terms and Conditions. The terms “supply,” “tax invoice,” “recipient,” and “taxable supply” when used in this Section have the meanings given to them in the GST Act.
8. The Customer must notify the Seller of any proposed changes in ownership, shareholding, effective control, directors, or contact and address details no later than 14 days before any such change.

1. Any notice required under these Terms and Conditions or related to the recovery of costs must be in writing, in English, and may be given by an agent of the sender. It should be delivered to the address specified in the Contract or Order unless a different address has been notified in writing by that party. Notices may be delivered through any legally authorised means, including electronically, or as described in clause 14.2.
2. A notice given by:
   1. Post is considered received three days after posting if sent within Australia to an Australian address.
   2. Email is considered received when the sender receives a confirmation email.
   3. Facsimile is considered received when the sender’s facsimile machine produces a transmission report stating that the facsimile was sent to the recipient’s facsimile number.

1. Blocked drains usually indicate that pipelines are not operating efficiently or as intended and may contain breakages, cracks, negative fall, sanitary hygiene products, foreign objects, or tree root entry. Clearing the drain line alone does not repair or rectify these issues. Once cleared, the Seller gives no warranty that the same problem will not recur. If the Seller’s equipment becomes lodged in the Customer’s faulty drain, it will be removed at the Customer’s expense.

1. The “Same Day Service Guarantee or It’s Free” offer:
   
   1. Applies only to jobs booked with the Seller’s call center before midday local office time.e;
   2. If the Seller is unable to attend the job on the same day for a booking made by the Customer before midday, the standard callout fee will be waived. However, all other normal charges, fees, and expenses will apply for performing the Services and providing the Goods.
   3.  If the Seller is willing and able to perform the Service or provide the Goods on the same day the job is booked, but the Customer does not give the Seller’s employee or contractor access, the Seller will be deemed to have complied with the “Same Day Service Guarantee or It’s Free” offer and shall be entitled to charge the Customer the standard callout fee.

2. **Rescheduling**:

      If the Seller is unable to attend the job on the same day, the Customer will be offered the next available booking time on the next business day. For calls received after midday local office time, the Customer will be offered a booking for the next business day, and normal callout fees will apply.

3. **Business Hours**:

      The Seller’s business hours are 7am to 4pm Monday to Friday and 7am to midday on Saturday. This offer does not apply on Saturday after midday, Sunday, Australian public holidays, or state public holidays in the state where the job is booked.

4. **Service Areas**:

      This offer is valid only in the Melbourne, Geelong, Sydney, and Adelaide Metro areas that are also within Servpros coverage areas.

1.  If finance is offered by a third-party company and intended to be used by the Customer to purchase goods or services from the Seller, the finance must be applied for and approved before any work is carried out by the Seller.
2. It is the Customer’s responsibility to ensure they can always make payment to the Seller for any completed work as soon as invoices are issued and due for payment. If the Customer is unable to secure finance or has finance withdrawn, they must arrange alternative payment methods to ensure they can pay the Seller’s invoices when due.
3. Any terms and conditions related to finance from a third-party company do not form part of the contract for the supply of goods or services between the Seller and the Customer.
4. The Customer remains bound by the standard terms and conditions regarding payment to the Seller for goods and services provided, including payment timeframes, regardless of any third-party finance arrangements..

1. Percentage discounts or money-off special offers from the Seller can only be applied to the price of Goods or Services purchased from the Seller and are not valid against the callout fee, which must be paid in full. The discount will only apply to Goods or Services purchased.
2. Only one discount offer can be used when purchasing Goods or Services from the Seller; multiple discounts on a single invoice are not permitted.
3. Set price special offers advertised for a service or product apply only to that specific product or service and do not include the callout fee applicable to that trade at the time of booking.