MIRACLE WORKERS CLEANING PROFESSIONALS NZ LIMITED
TERMS AND CONDITIONS OF TRADE
1 Definitions
1.1 “Miracle Workers” “we” “us” or “our” shall mean Miracle Workers Cleaning Professionals NZ Limited and/or any associated division, company, employee or agent thereof.
1.2 “You” or “Your” shall mean the purchaser of any Goods or Service from us.
1.3 “Goods” means all goods and services supplied by us to you.
1.4 “Amount Owing” shall mean the price of the goods plus all costs, expenses and penalties for which you are liable to pay us.
2 Acceptance and General
2.1 These Terms and Conditions apply to all Services that we (Miracle Workers Cleaning Professionals NZ Limited ) provide to you at anytime, whether now or in the future. These Terms and Conditions always apply except when we have expressly notified you otherwise in writing.
2.2 Any order received by us from you and/or use of your credit account with us (if any) shall constitute acceptance of these Terms and Conditions, and you acknowledge that your signature is not required.
2.3 These Terms and Conditions
(a) may be amended by us from time to time; and
(b) express the entire understanding and agreement between you and us;
(c) shall prevail in the event of any conflict between these Terms and Conditions and the provision of any document used by you or any other agreement with us; and
(d) Any other agreement with us can only be varied by our express acceptance in writing.
2.4 Each clause and its provisions of these Terms and Conditions are severable and independent of each other and if for any reason any clause or provision is found to be invalid or unenforceable it shall not prejudice or affect the validity on any other clause.
2.5 All the rights and remedies under this agreement shall remain in full force notwithstanding any neglect, forbearance or delay in enforcing thereof.
2.6 Any notice provided to be provided by us to you or any guarantor, including notification of any alterations of these Terms and Conditions shall be deemed delivered and received by you five days after posting to your last known mailing address.
3 Payment Terms
3.1 All accounts shall be payable by you on the day the work is carried out by us.
3.2 All one-off jobs shall be paid in advance OR credit card details must be provided.
3.3 You agree to pay all invoices on receipt; OR
3.4 You agree to pay by the 20th of the month following completion of work where we have AGREED IN WRITING to a credit arrangement with you upon successful application by you for credit.
3.5 We may allocate payments as we see fit notwithstanding any specific tender by you.
3.6 Payment of the amount owing shall be free of any counterclaim, set-off, deduction or any other claim whatsoever.
3.7 If you do not pay the Account owing on time we may, at our option:
(a) suspend or restrict your use of the Services;
(b) terminate Services;
(c) Refer your account to our debt collection agency.
3.8 You shall be liable for ALL costs incurred by us in recovering any amount owing including debt collection agency commissions, fees and/or other charges, and legal costs.
4 Cancellations
4.1 You agree to pay a cancellation fee equal to 100% of the full service fee if, for any reason:
(a) You cancel your service with less than 24 hours notice; or
(b) We arrive on the scheduled day but are asked to “come back later”; or
(c) There is a dead bolt or other lock applied for which we do not have a key; or
(d) The alarm is set and we do not have instructions to disarm; or
(e) The lock has changed or is malfunctioning; or
(f) The presence of residents, guests or workers prevents us from cleaning; or
(g) The customer (or customer’s agent) is not at the property as arranged and we have no key to the property.
5 Credit References and Provision of Related Services
5.1 You authorise us to check your credit status with any credit reference agency and/or credit referees you provide as we see fit from time to time and to pass on credit information about you to any credit reference agency at any time. If you are not satisfied with the information about you which we receive from any credit reference agency, you must deal directly with the credit reference agency to resolve this.
5.2 We may decline your application for the Services (and/or any request for Additional Services) at our discretion and we do not have to disclose our credit criteria or the reasons for our decision.
6 Warranties
6.1 We warrant that we will provide all our Services with the care and skill that can be expected from a competent cleaning/property maintenance service provider.
6.2 We warrant that any defective service will be rectified by us provided that any such defect is notified to us within 24 hours of service delivery.
6.3 You cannot claim warranty service if your account is overdue. We reserve the right to withhold or refuse warranty service until you correct the arrears.
7 Liability
7.1 Whilst all care will be taken, we will not be liable to you, or any third party, for any:
(a) loss or damage to any property or its contents from any cause,
(b) breach of security;
(c) loss of profit; and
(d) Incidental, indirect special or consequential loss or damage.
WE ADVISE YOU TO CARRY YOUR OWN INSURANCE FOR YOUR PROPERTY AND CONTENTS.
7.2 The limitations and exclusions of liability in this clause 7 shall apply however liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise.
8 Cessation of Services
8.1 Either of us may suspend or terminate the Services at any time.
8.2 All Accounts owed by you to us must be paid IMMEDIATELY on termination of Services in accordance with clause 3 Payment Terms.