Terms and Conditions
Terms and Conditions for Mr Group and its allied brands.
Mr Antenna Terms and Conditions
TERMS OF PAYMENT
1.1 The customer will pay to the Supplier or the Technician as the agent for the Supplier cash on delivery (COD) of the Goods and Services.
1.2 The Supplier reserves the right to grant fourteen (14) days terms to approved Customers;
1.3 Should the Customer delay or default in respect of any payment due, the Supplier shall have the right to charge interest on all sums owed for payment to the Supplier at the reader of 15o/o per annum together with an administration fee of $100.00.
1.4 All duties, taxes, imports, fees or charges of any government, statutory or regulatory body which shall be applicable to the order shall be done by the Customer and added to the price of the Goods and Services ant the Customer shall indemnify the Seller in respect of any claims for such duties, taxes etc.
1.5 All costs, including but not limited to transportation costs, storage costs of resale incurred by the Seller as a result of it exercising any of its rights hereunder in the event of default by the Customer, shall be borne by the Customer.
1.6 If an outstanding invoice is referred to a debt collection agency and or law firm – you; the defaulted payer will be liable for all collection and legal costs involved in the collection of the debt amount
RESERVATION OF TITLE FOR GOODS
2.1 Until payment for the Goods has been made by the Customer, the Goods are merely entrusted to the Customer as fiduciary and the Supplier remains the legal and beneficial owner of the Goods with full power to resell and regain possession thereof in the event of the Customers default in payment of the purchase price:
2.2 Until payment in full of the purchase price, the Customer hereby acknowledges that the goods are not the property of the Customer, but remain the property of the Supplier.
2.3 The Customer shall not remove any markings, tags or labels from the goods which may indicate that the goods are and remain the property of the Supplier. To the extent that the goods may be used in connection with any business conducted by the Customer, the Customer shall advise in writing any potential customer, purchaser, or another third party that Goods are the property of the Supplier.
2.4 If the Customer defaults in payment of the purchase price, or if the Customer becomes insolvent, the Seller and/or its duly authorised servants or agents made any time thereafter without notice to the Customer, enter upon the Customers premises at which the Goods are situated for the purpose of recovering possession of the same, provided that, in the event that Goods shall have been sold or utilised but the Customer or mixed with or built into any other products or disposed of or stored in such a manner as to render the Goods irrecoverable or unidentified with the orders placed by the Customer, the cost of the Goods shall forthwith be a debt due to the Customer and recoverable by an action in Law.
2.5 If the Customer receives any proceeds from the sale of Goods from any other party, the Customer received those proceeds on trust for the Supplier to be applied in payment of the purchase price for the Goods, and such proceeds shall be kept separate and dealt with separately by he Customer at all times until proceeds have been duly paid to the Supplier;
2.6 In connection with the Suppliers rights and remedies pursuant to these conditions and any other rights or remedies which may accrue to the Suppliers, the Customer appoints the Supplier as its attorney to do all things, execute all documents and otherwise act in place of the Customer for the purposes of giving effect to these conditions, and without limiting the foregoing, to recover possession of the Goods and to recover the proceeds of the sale of the Goods which may at any time be received or receivable by the Customer;
2.7 The continued operation of these terms and conditions shall not be affected by any repudiation or other termination of any contract or transaction relating to the Goods between the Seller and the Customer.
QUALITY OR DESCRIPTION OF GOODS AND SERVICES
3.1 The Customer shall inspect the Goods immediately on delivery and, within (14) fourteen days of delivery, give notice to the Supplier of any defect or allegation that the Goods or Services are not in accordance with the Contract. If the Customer fails to give such notice within that time, the Goods and Services shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay for the same, accordingly.
3.2 Notwithstanding that any sample of e Goods and Services has been exhibited to and inspected by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the Goods or Services and, not so as to constitute a sale by sample under the Contract. The Customer shall take the Goods and Services at their own risk as to their corresponding with the sample or as to their quality, condition or sufficiency for any purpose;
3.3 The Customer has examined the Goods, the Seller will not be responsible for the quality or fitness for any purpose, and the Customer takes the Goods on his own judgment as the result of such examination.
LIABILITY OF SUPPLIER AND TECHNICIAN
4.1 To the extent permitted by law, no warranty, condition, description, or representation on the part of the Seller is given or is to be implied from anything sold or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions implied by any statute, or other applicable law;
4.2 In the event that this Contract constitutes a supply of goods or services to a customer as defined in the Trade Practices Act 1974, as amended, or relevant similar State or Territory Legislation (“The Acts”), nothing contained in this contract excludes, restricts or modifies any conditions, warranty or other obligation in relation to this Contract and the Goods and the Services which, pursuant to the Acts, or any of them is applicable or is conferred on the customer were to do so is unlawful, in which event the Sellers sole liability for breach of any condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur shall be limited (except to the extent specifically set forth herein) to;
4.2.1 The replacement of the Goods and Services; or
4.2.2 The supply of equivalent goods or services; or
4.2.3 Payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or
4.2.4 The repair of the Goods or payment of the cost of having the Goods repaired; as the Supplier may select.
4.3 The Seller will not be liable for any failure to deliver the Goods or Services if the failure arises S a consequence of fire, embargo, strike, inability to Aquire materials or labour, or any other circumstances beyond the control of the Seller.
WARRANTY
4.1 Notwithstanding anything herein the Seller agrees to provide the following Warranties to the Customer
ONE YEAR WARRANTY
– Standard one year warranty covers installation work performed by a Mr Antenna technician
DIGITAL TV RECEIVERS
– covered by manufactures warranty only
5.2 Warranties given exclude claims for loss or damage resulting from;
– inclement weather, fire, explosion, Act of God or other like causes, interference (buildings, trees, transmitters, obstructions);
– unauthorised alterations, additions, or tampering with the Goods, loose plugs or leads;
– other events beyond the control of the Seller.
BEFORE YOU CALL ON YOUR WARRANTY
Mr Antenna is a service orientated company. It is committed to providing quality products installed by fully trained technicians at competitive prices. Should you not be happy with your reception/installation during the Warranty Period, you must check the following items before making a Warranty complaint. Failure to do so may incur a service cost for the Warranty to be valid, the warranty period is marked clearly on the front of this form. Some common faults which are not coved by Warranty are;
A. The incorrect TV tuning
B. A fault in either the TV and/or AV components
Please check the following;
1. That your TV is correctly tuned in to the local television channels.
2. Plug in a second TV and try different leads from the socket direct to the TV.
3. Digital pixelation can be caused by interference from mobile phone towers or electrical interference from appliances in your home or a neighbours home such as LED lighting, battery chargers, thermostats, try turning these items off one at a time
5. Things specifically excluded from Warranty include;
(a) alterations/ additions to the antenna system by any other person or company.
(b) if the antenna is disconnected or the direction changed by unauthorised persons.
(c) severe wind or storm damage. Household insurance covers this type of problem.
(d) reprogramming of TV stations due to power cuts or loose plugs and leads on the TV.
TO AVOID A SERVICE CHARGE PLEASE CHECK THE ABOVE ITEMS CAREFULLY
Mr Pest Controller Terms and Conditions
Important Information Regarding Your Pest Management Treatment Program
1. GENERAL TERMS AND CONDITIONS
a) The client must advise us of any pets or any personal or family/staff allergies or health concerns
b) Any persons who are particularly sensitive, or who suffer from allergic reactions, should as a matter of precaution, remain out of the premises for a period of 24 hours and must not return until the premises have been fully ventilated
c) The client must remove or protect any people, animals, birds, or fish during the treatment period
d) The client must cover all food items and all food utensils
e) The client must avoid contact with the treated surfaces until the control agent has dried
f) The client must observe any verbal advice provided by Mr Pest Controller or a licensed technician of Mr Pest Controller at the time of treatment
g) The client must ensure your premises are properly ventilated after treatment. Leave air conditioners on vent mode so they circulate only outside air into the building for a period of no less than 4 hours
h) No treatment can be carried out around water tanks that are not fully sealed or to water collection areas. The client must advise us of water tank installations
i) If during the course of the program, it is found that structural or environmental conditions prevent us from performing any sections of the management program, the free service period may be reviewed
j) No responsibility is accepted, or warranty implied, for any damage or consequential losses that may occur as the result of past, current, or future pest activity
k) All chemicals and reagents being used in treatments by Mr Pest Controller are approved by the Australian Department of Primary Industry and Energy and the Veterinary Medicines Authority (AVMA) and are registered for use by the relevant state or territory authority
l) While every care is taken, Mr Pest Controller will not be held liable should any staining of timbers, fabrics, wall coverings, floor coverings, or any other articles occur
m) WARNING: Where drilling and/or cutting is required, no liability is accepted should damage result to concealed services such as gas, electricity, water, power, etc. The client indemnifies us against any costs that may arise from such possible damages. Clear and accurate plans should be provided by the client before work commences
2. TERMS OF PAYMENT
a) Unless specific written arrangements have been provided, the full contract price shall be due and recoverable by Mr Pest Controller on completion of the treatment
b) Any free service period and/or warranties shall be deemed null and void unless all monies due and payable to Mr Pest Controller have been paid in full within the standard terms of business stated above
c) If an outstanding invoice is referred to a debt collection agency and or law firm – you; the defaulted payer will be liable for all collection and legal costs involved in the collection of the debt amount
3. WARRANTY TERMS
a) Where a free service period has been provided, upon notification by the client, we agree to provide the client with any remedial treatment as may be required at the nominated property at no cost to the client. Any free service period is conditional upon the client notifying us of signs of pest infestation
b) The proposed treatment only applies to the pest species named in the pest management treatment proposal/quote. This treatment program does not provide protection against any other pests
c) The Client accepts that this pest management program can be rendered ineffective if you fail to implement our recommended hygiene procedures or by making building alterations or by the introduction of conductive or infested materials
d) Compensation will only be payable for losses arising in contract or tort sustained by the client named in the pest management treatment proposal/quote. Any third party acting or relying on this pest management proposal/quote, in whole or in part, does so entirely at their own risk
4. GENERAL PEST CONTROL CONDITIONS
a) Rodent control treatments are guaranteed until the problem is resolved. The warranty period is 6 months from the initial treatment
b) Bee & wasp treatments are guaranteed until infestation removed. The warranty period is 6 months in treated areas
c) Insect treatment warranty is provided for 3 months inside premises if treated, no guarantee is given outside the premises
d) Warranty applies to accessible areas only
e) Warranty will not be given if we are unable to fully treat areas such as sub-floors, roof voids, attached structures, etc.
f) Warranty will not be given if access is denied to any internal areas of the property
g) If re-treatment is required it will only apply to the affected area
h) If re-treatment is deemed unjustified due to conditions outside our control, a service-call fee may apply
i) No responsibility will be taken if the Mr Pest Controller technician has to move or remove furniture/appliances for the treatment
j) A general pest control program does not cover treatment or inspection for termites or any other timber pests
5. TERMITE TREATMENT CONDITIONS
a) Termite protection is only valid if the treatment barrier created is not broken or disturbed in any way. Termite re-entry will be possible if the barrier has been disturbed
b) The termite barrier will be rendered ineffective if there are alterations, extensions, earthworks, or landscaping that affect the barrier
c) No liability is accepted for treatment failure unless a certificate of completion is provided by Mr Pest Controller
d) Concrete slabs should never have soil levels above the concrete edge or weep holes as this allows for termite entry
e) Warranties on termite treatments only apply to dwellings in accordance with the Australian Building Standards
f) Warranty applies to affected areas for re-treatment only
g) All termite warranties are void if the recommended inspections are not carried out
h) We strongly recommend that you should have your property inspected for termites at least every 12 months and preferably every 3 to 6 months as recommended in the Australian Standards AS3660 “Protection of Buildings from Subterranean Termites” and as AS4349.3 “Inspection of Buildings: Timber Pest Inspections”. A termite or timber pest inspection can be arranged and is recommended
Mr Gutter Cleaning Terms and Conditions
TERMS OF PAYMENT
1.1 The customer will pay to the Supplier or the Technician as the agent for the Supplier cash on delivery (COD) of the Goods and Services.
1.2 The Supplier reserves the right to grant fourteen (14) days terms to approved Customers;
1.3 Should the Customer delay or default in respect of any payment due, The Supplier shall have the right to charge interest on all sums owed for payment to the Supplier at the reader of 15 % per annum together with an administration fee of $100.00.
1.4 If an outstanding invoice is referred to a debt collection agency and or law firm – you; the defaulted payer will be liable for all collection and legal costs involved in the collection of the debt amount
QUALITY OR DESCRIPTION OF GOODS AND SERVICES
2.1 The Customer shall inspect the goods and services provided immediately on delivery and, within (7) seven days of delivery, give notice to the Supplier of any defect or allegation that the Services are not in accordance with the Contract. If the Customer fails to give such notice within that time, the Goods and Services shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay for the same, accordingly.
2.2 Notwithstanding that any sample of the Goods and Services has been exhibited to and inspected by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the Goods or Services and, not so as to constitute a sale by sample under the Contract. The Customer shall take
the Goods and Services at their own risk as to their corresponding with the sample or as to their quality, condition or sufficiency for any purpose;
LIABILITY OF SUPPLIER AND TECHNICIAN
3.1 To the extent permitted by law, no warranty, condition, description, or representation on the part of the Seller is given or is to be implied from anything sold or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition description or representation, express or implied as to the state, quality or fitness of the Goods or Services is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions implied by any statute, or other applicable law;
3.2 In the event that this Contract constitutes a supply of goods or services to a customer as defined in the Trade Practices Act 1974, as amended, or relevant similar State or Territory Legislation (“The Acts”), nothing contained in this contract excludes, restricts or modifies any conditions, warranty or other obligation in relation to this Contract and the Goods and the Services which, pursuant to the Acts, or any of them is applicable or is conferred on the customer were to do so is unlawful, in which event the Sellers sole liability for breach of any condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur shall be limited (except to the extent specifically set forth herein) to;
(i)The replacement of the Goods and Services;
(ii)The supply of equivalent goods or services; or
(iii) Payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or
The repair of the Goods or payment of the cost of having the Goods repaired; as the Supplier may select.
3.3 The Seller will not be liable for any failure to deliver the Goods or Services if the failure arises due to a consequence of fire, embargo, strike, inability to acquire materials or labour, or any other circumstances beyond the control of the Seller.
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