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Terms and Conditions

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Terms and conditions

Terms & conditions of trade

1. Contract and Acceptance

These terms and conditions (terms) constitute an agreement between Bax Window Solutions Pty Ltd (ACN 138 753 714) as trustee for the Bax Services Trust (ABN 47  736 127 151) trading as Bax Clean (Bax Clean or we) and the customer (Customer or you) in relation to any goods and/or services to be provided to the Customer by Bax Clean. The Customer is taken to have accepted and be bound by these terms if it instructs Bax Clean to provide any goods and/or services, accepts such goods or services or accepts these terms in any other manner recognised by law. These terms may only be amended by written agreement between the parties.

The Customer acknowledges and agrees that these terms and conditions shall be read together with any quote in relation to goods and/or services that may have been provided by Bax Clean to the Customer.

The Customer acknowledges that Bax Clean may, in its entire discretion, sub-contract, assign or license or any part of its rights and obligations in terms of this agreement. The Customer may not assign or transfer any of its rights or obligations in terms of this agreement without the prior written consent of Bax Clean.

2. Definitions

“Bax Clean” means Bax Window Solutions Pty Ltd (ACN 138 753 714) as trustee for the Bax Services Trust (ABN 47 736 127 151) trading as Bax Clean of Level I, 432 Burwood Road, Hawthorn, Victoria 3122 and includes any agents, contractors, sub-contractors and employees of the company.

“Customer” means the Customer or entity purchasing goods or services from Bax Clean, its successors and assigns or any person acting on behalf of and with the authority of the Customer, as described in any application, quote, work authorisation or other form.

“Guarantor” means any person or persons, or entity, who agrees to be jointly and severally liable for the debts of the Customer in accordance with these terms.

“Works” means any goods and/or services provided by Bax Clean to the Customer in accordance with these terms.

3. Price and Payment

The price payable for the goods and/or services shall be either:

Written fixed price quotes in relation to window cleaning, gutter cleaning, pressure cleaning, façade/building cleaning, roof cleaning, solar panel cleaning, skylight cleaning and other cleaning services, which are determined by a site visit, photographs provided by you or sometimes using online methods. If the condition of the site worsens between the time of the quote and when the quote is accepted, or there are factors which are not apparent from photographs or online methods, for example extensive build-up of dirt/debris, metal louvres, accessibility issues, sunshades, renovations/extensions, gutter guards or other items, then additional charges will apply and we reserve the right to amend our quote accordingly. or

Estimates in relation to window cleaning, gutter cleaning, pressure cleaning, façade/building cleaning, roof cleaning, solar panel cleaning, skylight cleaning and other cleaning services, which are based on information received from Nearmaps/Google Maps/Street view, information provided over the phone, by email, SMS, Webform or other electronic means. Estimates are subject to confirmation after a site visit by us. If there are any additional items or factors which were not apparent from the information available for the estimate, but which become apparent during the site visit, for example extensive build-up of dirt/debris, additions, renovations or obstructions to glass or gutters, including louvres, sunshades, cages and similar items, then additional charges will apply. A final fixed quote will be confirmed after the site visit., or

Written fixed price quotes in relation to post build/construction window cleans, which involve a more specialised style of window cleaning, including removing paint, removing builders debris (such as caulking, concrete splatter, render and plaster) and other types of residue from glass and glass frames. Quotes for post build/construction cleans will only be based on a site visit or photographs of all windows and frames.

Payments by credit card shall be subject to payment of any surcharge charged by the financial institution to Bax Clean.

All goods and services are subject to payment of Goods and Services Tax (GST).

Payments must be made within seven days of date of invoice, unless agreed to the contrary with us in writing. any amounts not paid within 7 days of due date shall be liable for payment of interest at the rate stipulated in terms of the Penalty Interest Rates Act (Vic), as varied from time to time, with effect from the due date. In the event of Bax Clean incurring any costs (including legal costs) in order to recover any amount owing in terms of these terms, or to enforce its rights in accordance with these terms, the Customer agrees that it will be liable for the legal costs of Bax Clean on a solicitor and own client basis and/or any collection agency costs.

Bax Clean requires at least 24 hours written notice for service booking cancellations.

4. Scope of Works for Window Cleaning

Window cleaning quotes or estimates are for a standard maintenance clean, which includes the removal and wet wipe of fly screens (if appliable), cleaning of the window behind, wiping of the window sill (excluding reveals) and reattachment of fly screens.

Window frames, tracks, reveals, paint scraping, graffiti removal, stain removal, sticky residue, post build/construction debris, concrete splatter removal, calcium buildup, hard water staining, heavy environmental buildup, and excessive amounts of fly screens, difficulty of reaching or detaching fly screens, window removal for access, or fly screens which are very dirty are not included in a standard maintenance clean and additional charges will apply. For work on buildings three stories (level 2 or equivalent) and above, permanent fixings, fly screens and other covers may not be able to be removed externally.

You acknowledge that Bax Clean uses pure water reach and wash systems, which are washed clean and left to dry naturally, which does not require the window to be manually dried.

In certain circumstances, we may quote separately for an initial clean, which may be required before our standard maintenance clean in order to scrub calcium buildup, heavy dirt, bug, insect and pollen marks and the like from glass. This is a more involved process, which requires additional methods and equipment to a standard maintenance clean.

The customer’s attention is drawn to the fact that we often see post build residue, paint  or the like during scheduled standard maintenance cleans and that such residues will not be removed during a standard maintenance clean. The customer will be advised of the state of the glass and informed that a quote will be provided for the residue to be removed when the windows are next cleaned.

5. Scope of Works for Gutter Cleaning

Standard gutter cleaning quotes or estimates include cleaning gutters, valleys, rain heads and downpipes, for the purposes of functionality and not for presentation purposes. If a clean for presentation purposes is required, which involves wiping or pressure washing gutters or downpipes to a dirt free standard, then additional charges will apply.

If a downpipe is blocked and we cannot reach the blockage, clearance of the downpipe is not included in the scope of our gutter cleaning works and no reduction in our quoted price will apply. You acknowledge that the clearing of blocked gutters may require the services of a plumber.

Standard gutter cleaning quotes do not include uninstalling and reinstalling gutter guards for cleaning purposes, which will be an additional charge.

6. Scope of Works for Other Cleaning Services

(a) Fixed price quotes and estimates for other cleaning services, such as pressure cleaning, façade cleaning, roof cleanings, skylight cleaning and solar panel cleaning are based on a standard amount of debris/build upon the surface. An unusual or excessive amount of debris/buildup may result in additional charges. Examples of excessive debris/buildup include heavy amounts of mould, lichen, calcium buildup, hard water staining, greasy/oily/rust substances or the like on surfaces such as roof tiles, grounds, skylights, solar panels, exterior façades and other surfaces.

7. Variations, Exceptions and Time Expectations and Extensions

In the event of a variation to the proposed goods and/or services, Bax Clean may change the price by either providing a new quote,or providing a written variation notice.

Bax Clean may charge an additional cost for delivering any goods to the Customer.

Unless specifically included, the following items are excluded from any quote and will be subject to additional cost:

Any unexpected or hidden complications arising during the course of providing the services, or

Any services which may be provided outside of normal trading hours, which costs may include overtime rates.

The Customer acknowledges and agrees that the completion date for any services may be extended, due to external factors over which Bax Clean may have no control, such as inclement weather, delays due to other contractors or builders, force majeure events (including pandemics or epidemics) and/or the exclusions referred to in clause 7 (c) above.

Our time of arrival on-site is an estimate based on our operational requirements and is subject to factors such as previous job delays and traffic issues. We aim to arrive on site within two hours of the estimated time provided to you by our Operations Manager. However, if a specific time or date is required for provision of our services, they must be made known to our Operations Manager at least 24 hours before the scheduled works.

If any aspect of the works is missed or cannot be completed during our initial visit, we will return within seven days of the service to complete the work, although in most circumstances we will return sooner. If we are unable to return to site due to factors beyond our control, then we reserve the right to charge the fuller quoted amount for our services.

8. Title and Risk in Goods (if applicable)

in the event that we provide any goods to you in addition to our services, Bax Clean and the Customer agree that ownership of any goods will not pass until the Customer has paid Bax Clean all amounts owing in relation to the goods and/or any services.

The Customer may not grant an encumbrance or charge over any goods and/or services or transfer any interest in any goods while they remain the property of Bax Clean.

Bax Clean may request return of the goods that have not been paid for by the Customer, and in the event of the Customer failing to return the goods, then the Customer irrevocably authorises Bax Clean or its agent to enter land and premises owned, occupied or used by the Customer or its agent, when and where any goods may be situated and take possession of the goods. If Bax Clean is unable to recover the goods, then it may institute proceedings for the recovery of such goods.

The Customer must provide Bax Clean with at least 3 working days’ notice in writing of any cancellation of works. In the event of the Customer failing to provide such notice, Bax Clean shall be entitled to retain any deposit paid, or to payment of 10% (ten percent) of the value of the goods or services, whichever amount is the higher.

Although Bax Clean retains ownership of the goods until all goods and/or services have been paid in full, full risk for the goods passes to the Customer on delivery. Delivery shall be when the Customer takes possession of the goods at the Customer’s nominated address (where delivery is effected by Bax Clean or its nominated carrier), or when the goods are collected by the Customer or its agent from Bax Clean or its supplier.

9. Customer’s Responsibilities

The Customer shall be responsible for:

providing clear and free access to the worksite for Bax Clean and the provision of any utility services, at the cost of the Customer, to enable Bax Clean to carry out the Works, and

Unless otherwise stated, obtaining and paying for all approvals, consents or permits required for the goods and/or services, prior to commencement of the Works.

10. Defects and Warranties

The Customer shall inspect the Works on completion and report any defective Works or goods in writing to Bax Clean within seven working days. That report shall clearly specify any alleged defects, shortage in quantity or damage. The Customer  shall afford Bax Clean an opportunity to inspect the alleged damage or defect within 14 working days from date of written notification and give Bax Clean the opportunity to make good any defective services or goods within 21 working days of the inspection by the Customer.

To the extent required by statute and subject to clause 10(c) Bax Clean warrants that if any defect in the goods and/or services is apparent and is reported to Bax Clean within seven business days of provision of the services, then the Bax Clean, in its sole discretion, will either:

repair or replace the goods or supply equivalent goods, or

resupply the services or equivalent services, or

pay the cost of replacing the goods or acquiring equivalent goods, or

pay the cost of repairing or replacing the goods or the resupply of the services, where payment in full has been made by the Customer.

The warranty in this clause 10 shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) failure on the part of the Customer to properly maintain any Works; or

(ii) failure on the part of the Customer to follow any instructions or guidelines provided by Bax Clean; or

(iii) fair wear and tear, any accident or act of God.

The warranty shall cease and Bax Clean shall thereafter in no circumstances be liable under the terms of the warranty if the goods and/or services are repaired, altered or overhauled without the consent of Bax Clean.

(e) In respect of all claims Bax Clean shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.

(f) For goods not manufactured by Bax Clean the warranty shall be the current warranty provided by the manufacturer of the goods. Bax Clean shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.

(g) Nothing in these terms is intended to have the effect of enabling Bax Clean to contract out of any applicable provisions of the Competition and Consumer Act 2010 (Cth), the Building Act 1993, or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

(h) Any damage caused by us to roof tiles or other items will be rectified by us, except where an item or roof tile was damaged by us as a result of it being in poor condition or partially damaged already. Any items damaged will either be replaced at our cost or the customer will be reimbursed for the current value of the item.

11. Personal Property Securities Act, 2009 (PPSA)

(a)     The Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all goods that have previously been supplied and that will be supplied in the future by Bax Clean to the Customer.

(b)   The Customer undertakes to:

(i) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Bax Clean may reasonably require to;

register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

register any other document required to be registered by the PPSA ; or

correct a defect in a statement referred to in clause 9(b)(i)(a) or (b);

(ii) indemnify, and upon demand reimburse, Bax Clean for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Securities Register established by the PPSA or releasing any goods and/or services charged thereby;

(iii) not register a financing change statement in respect of a security interest without the prior written consent of Bax Clean;

(iv) not register, or permit to be registered, a financing statement or financing charge statement in relation to the goods and/or services in favour of a third party, without the prior written consent of Bax Clean.

(c) Bax Clean and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

(d) The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

(e) The Customer waives their rights as a grantor and/or a debtor under section 142 and  143 of the PPSA.

(f) Unless otherwise agreed to in writing by Bax Clean, the Customer waives the right to receive a verification statement in accordance with section 157 of the PPSA.

(g)     If it is held that section 125 of the PPSA must apply, the Customer agrees that at any time after any security interest provided for by these terms and conditions has become enforceable, Bax Clean may delay taking action to retain the whole or part of the collateral, to the extent permitted by law.

(h)     The Customers right to possession of goods still owned by Bax Clean shall cease if:

the Customer being an individual, commits an act of bankruptcy;

the Customer being a company, circumstances arise where a receiver, manager, administrator, liquidator or controller becomes entitled to take possession of any of its assets, any proceedings are instituted for winding up, or the Customer enters into a deed of arrangement ;

the Customer ceases or threatens to cease conducting business in the normal manner, or applies for deregistration or receives a deregistration notice;

any cheque the Customer provides to Bax Clean is dishonoured;

the Customer fails to comply with any demand for payment issued by Bax Clean, or

the Customer breaches any of these terms and conditions.

(i) The Customer must unconditionally ratify any actions taken by in terms of this clause.

(j) Subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

12. Default

If the Customer breaches the provisions of these terms and conditions, Bax Clean may suspend or terminate the supply of the goods and/or services to the Customer and Bax Clean will not be liable to the Customer for any loss or damage the Customer suffers, because Bax Clean has exercised its rights in terms of this clause.

In the event of the Customer failing to pay any amount due in terms of these terms and conditions, the Customer becoming insolvent, convening a meeting with its creditors, entering into a deed of arrangement with creditors or making an assignment for the benefit of its creditors, or a receiver, manager, liquidator or similar person being appointed in respect of the Customer, then, without prejudice to any other remedies at law, Bax Clean will be entitled to cancel the agreement entered into in accordance with these terms and conditions and immediately claim all amounts owing to Bax Clean.

Bax Clean will be entitled to claim any reasonable costs of recovering monies owing by the Customer, including legal costs on a solicitor and own client basis and costs of a debt collection agency.

13.  Corporate Entity, Guarantee and Joint and Several Liability

(a) If the Customer is a corporate entity, the person signing on behalf of that entity warrants that they are a duly authorised representative of the entity and that person hereby personally guarantees performance by the Customer of all its obligations as specified in these terms and conditions and agrees to be jointly and severally liable for the debts of the Customer on a principal/ debtor basis.

14. Limitation of liability

(a) In the event of any breach of these terms and conditions by Bax Clean, the remedies of the Customer shall be limited to damages, which shall not exceed the price of the goods and/or services under any circumstances. Bax Clean shall furthermore not be liable for any indirect loss and/or expense (including loss of profits) suffered by the Customer, as a result of a breach of these terms and conditions by Bax Clean.

(b) Neither party shall be liable for any breach of contract, or liable for any default, delays or failure to perform any of that party’s obligations in terms of these terms and conditions, due to any act of God, force majeure (including pandemics or epidemics) or any other event beyond the reasonable control of that party.

15. Dispute

(a) If any dispute arises out of this agreement, the parties will attempt to resolve the dispute informally. If the parties have not resolved their dispute within 10 business days of one party notifying the other party in writing of the nature of the dispute, then the parties agree to:

engage a mediator selected by agreement or, failing agreement within 5 business days after one party nominates a mediator in writing, selected by the President of the Law institute of Victoria or their nominee; and

conduct a mediation in respect of the dispute within 20 business days after the mediator is appointed.

(b) The parties agree to each pay half of the mediator's fees.

(c) A party must not commence court proceedings, except proceedings seeking interlocutory relief or for the recovery of monies owing to Bax Clean, in respect of a dispute arising out of these terms and conditions, unless it has complied with this clause.

16. Privacy

(a) These terms and conditions are subject to, and should be read with, Bax Clean’s Privacy Policy, which is available on request.

17. General

(a)   These terms and conditions and the agreement entered into between the parties shall be governed by the laws of the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that state.

(b) In the event that any of these terms and conditions are found to be invalid, illegal or unenforceable, such validity, legality and enforceability shall not affect the validity of any other remaining provisions of these terms and conditions.

(c) Bax Clean reserves the right to alter these terms and conditions at any time.

Website terms & conditions of trade

Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services means gutter cleaning and other types of cleaning we provide.

The Website means the website www.baxclean.com.au

We / Us etc means Bax Clean and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us via the contact form here.

Trademarks

The trademarks and logos contained on this Website are trademarks of Bax Clean. Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.