Standard Terms and Conditions
1. Purpose and Acceptance
These Terms and Conditions (the "Terms") govern the provision of services and supply of goods by Hemsworth & Son Pty Ltd ("we", "us", "our") to the client ("you", "your"). By accepting our quote, booking our services, or making a payment, you agree to be bound by these Terms.
2. Performance of Services
We agree to perform the agreed-upon services with due care and skill, in a professional manner, and within a reasonable time.
3. Payment Terms
All invoices must be paid in full according to the payment schedule stated in our quote or invoice. We reserve the right to halt ongoing work or withhold project deliverables if payment timelines are not met.
4. Service Faults and the 24-Hour Notification Window
- 4.1 Workflow Notification: For efficient scheduling, operational management, and quality control, you are requested to inspect the completed work and raise any perceived faults, omissions, or minor defects within 24 hours of the completion of the job.
- 4.2 Rectification: Where faults are reported within this 24-hour window, we will make every reasonable effort to prioritize scheduling a time to review and rectify the issue.
- 4.3 Statutory Rights Reserved: For the avoidance of doubt, this 24-hour notification window is an operational preference for scheduling efficiency. It does not exclude, restrict, or modify any automatic consumer guarantees or statutory rights available to you under the Australian Consumer Law (ACL) or the Competition and Consumer Act 2010.
5. Australian Consumer Law (ACL) Guarantees
- 5.1 Consumer Rights: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:
- Cancel your service contract with us; and
- A refund for the unused portion, or compensation for its reduced value.
- 5.2 Minor Failures: You are also entitled to have a service failure rectified in a reasonable time if the failure does not amount to a major failure. If this is not done, you are entitled to cancel the contract and obtain a refund of any unused portion.
- 5.3 Claims Outside the 24-Hour Window: Any fault or failure reported after the 24-hour operational window will be assessed on a case-by-case basis in strict compliance with what is deemed a "reasonable time" under the ACL, considering the nature and price of the services provided.
6. Limitation of Liability
To the maximum extent permitted by law (including the ACL), our total liability for any loss, damage, or injury arising directly or any breach of these Terms is limited to resupplying the services or covering the reasonable cost of having the services supplied again.
7. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales (NSW), Australia. Both parties submit to the exclusive jurisdiction of the courts and tribunals of NSW.
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