TERMS & CONDITIONS
Yakkamen Group Terms & Conditions
1. Quote
1.1 Quote
a) Yakkamen Group shall give the Client a quote specifying the Goods and Services required in order to fulfil the Client’s instructions and a cost estimate of the Goods and Services. Unless stated otherwise, the hourly rate is $88 per hour per person.
b) Information provided in this Quote is only applicable to the items examined and reflects the condition of those items at the time of inspection. Changes to the items condition or surrounding infrastructure may invalidate this Quote. The inspection is limited to visual examination without dissection, excavation or probing of accessible components. There is no warranty, expressed or implied that problems or deficiencies of the plants and property included in this Quote may not arise at some point in the future.
c) In the event the Client requires Yakkamen Group or their sub-contractors to return to site for an additional or amended quote then a charge of $88 (including GST) for such further or amended Quote may be incurred.
1.2 Quote Expiry
a) In the event that the Client wishes to proceed with works outside the validity period of the Quote then additional charges equal to at least 5% of the proposal amount will be applied in addition to the original amount quoted in the Quote unless Yakkamen Group needs to return to site in which case c) will apply.
1.3 Acceptance by the Client
Where Yakkamen Group has given the Client a quote:
a) Yakkamen Group need not commence the Services until the quote has been accepted by the Client;
b) the Client shall accept the quote by written confirmation either by email or online system accompanied by a Quote number (if applicable); and/or by paying the required deposit set out in the quote.
c) quotes are valid for seven (7) days only unless an extension has been authorised by Yakkamen Group; and
d) the Client warrants that it has not relied on any representation by Yakkamen Group other than as supplied in writing in the Quote.
1.4 Quote Variations
a) Yakkamen Group may amend the quote, if not accepted within 7 days from the date of the quote, to take into account any rise or fall in the cost of the Goods and Services as quoted. Any variation or additional works shall attract a further charge, as discussed on-site or via phone with the Client.
1.5 Cancellation
a) The Client shall indemnify Yakkamen Group from any costs, losses or expenses should the Client cancel an accepted quote or contract.
1.6 Sales Tax / GST
a) GST and other taxed and duties that may be applicable shall be added to the price except when they are expressly included in the price.
2. Yakkamen Group Trading Hours
Normal trading hours are 7am to 5pm Monday to Friday. Work performed (at the Client’s request) outside those hours or on a public holiday will be at the Client’s discretion and will be subject to a surcharge (rates on application).
3. Site Access and Working Conditions
a) The Client shall give Yakkamen Group access to the site address at all such reasonable times as may be required by Yakkamen Group to carry out the required works.
b) If access is unable to be obtained and Yakkamen Group has not been notified by the Client to cancel or reschedule the booking beforehand a $25 cancellation fee will be charged to the Client.
c) Pricing within the Quote is on the basis that the works to be carried out by Yakkamen Group are to be done within one (1) scheduled job visit, unless otherwise stated. In the event Yakkamen Group are unable to complete works through no fault of their own in one (1) scheduled job visit due to either access difficulties, client preparation or d) then Yakkamen Group reserve the right to requote for the works remaining and provide a new Quote.
d) It is the Clients responsibility to move any plants or furniture as Yakkamen Group does not accept responsibility for damage as a result of moving such items. The Client is also responsible for providing a clear working environment, including moving of trampolines, toys, rubbish and animal waste. In the event that Yakkamen Group has to clean the site then further costs will be incurred.
e) Yakkamen Group shall not be liable for any loss or damage caused in accessing the site beyond the reasonable control of Yakkamen Group.
f) Yakkamen Group will use due care to minimise any damage to site, property and objects but does not take responsibility for damage incurred except where negligence has occurred.
g) Clients are requested to provide Dial Before you Dig documents to Yakkamen Group for any work involving underground services. Some work involves risk of damage to existing underground infrastructure in addition to the possibility of encountering unexpected subsoil conditions including, but not limited to, rock, clay, aquifers, archaeological items, existing or abandoned construction elements and sink holes. Reasonable effort is been made to locate or predict said risk, but no warranty is expressed or implied as to what will be discovered or encountered. This Quote is an estimate only and is based on similar projects where adverse conditions were not encountered. Any such adverse conditions which arise will require additional work which will be billed at time and materials above and in addition to the amount shown on this Quote. By accepting this Quote, the Client agrees to these potential additional charges which may include work by others when necessary, in the opinion of the contractor.
4. Payment & Default
4.1 Time for Payment
a) Unless otherwise agreed in writing or other arrangements have been made prior to commencing, all accounts are to be paid in full upon completion of the work on the day.
4.2 Payment Methods
a) Payment methods include Bank Deposit, MasterCard, Visa, American Express, Debit Card.
b) Yakkamen Group may accept payment by Mastercard and Visa with one-point seven five percent (1.75%) surcharge at Yakkamen Group discretion.
c) In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Yakkamen Group.
4.3 Deposit
a) Unless otherwise agreed in writing, the Quote may require a deposit from the Client as specified in the Quote.
b) As a minimum, when scheduling the Clients work with Yakkamen Group, a deposit will be required to secure the booking for Quotes that are greater than a total price of $1,000. No booking is confirmed until payment of the deposit is made.
4.4 Payment Claims
a) Yakkamen Group reserves the right to charge an overdue fee of thirty dollars ($30) for accounts not paid within the agreed payment terms.
b) Yakkamen Group may charge interest at two percent (2%) above the commercial lending rate of the Yakkamen Group bank, calculated on a daily basis on amounts not paid within the Yakkamen Group payment terms.
c) The Client will be liable to Yakkamen Group for any costs and disbursements incurred by Yakkamen Group in pursuing recovery of the debt including legal costs on an indemnity basis and any collection agency costs.
5. Weather Conditions and Force Majeure
a) All bookings are subject to weather conditions. Inclement weather may result in bookings being rescheduled. Whilst every effort is made to anticipate weather related cancellations, Yakkamen Group may need to reschedule bookings without prior notice.
b) Yakkamen Group will not be liable for any failure or delay caused by force majeure, inclement weather or any other delay outside the control of Yakkamen Group.
6. Service Schedules (if applicable)
a) This quote is based on a service schedule. If this service schedule is not followed additional charges may be incurred.
b) The quoted price, staffing requirements and our capacity to accept clients is based on service schedules for regular clients.
7. Insurance
We are fully insured and carry $10 million public liability insurance with Insurance Australia Limited trading as NRMA Insurance. A certificate of currency is available on request.
8. Application of these Terms and Conditions
In this agreement, Yakkamen Group assigns or any person acting on behalf of and with the authority of Yakkamen Group; “the Client” is the individual, company or other entity requesting goods and services from Yakkamen Group and named as the Client on the Yakkamen Group quote, contract and other paperwork; “Goods” mean all goods sold or otherwise made available to the Client by Yakkamen Group; “GST” means the tax imposed by the A New Tax System (Goods and Services Tax) Act 1999; “Site” means the place where the Yakkamen Group work will be carried out; and “Services” mean the installation of the Goods and including but not limited to any services. Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Yakkamen Group. Yakkamen Group may licence or sub-contract all or any part of its rights and obligations without the Client’s consent. Yakkamen Group reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Yakkamen Group notifies the Client of such change.
9. The Privacy Act 1988 and the Privacy Amendment Act 2012
a) The Client hereby authorises Yakkamen Group to collect, retain, record, use and disclose commercial and consumer information about the Client, in accordance with the Act, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by Yakkamen Group, debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
b) Yakkamen Group may give information about the Client to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Client’s credit file. This information may be given before, during or after the provision of credit to the Client and will be in accordance with the Act and subsequent amendments.
c) The Client agrees to notify Yakkamen Group in writing of any change of ownership of the Client or its business, or directorships in the case of a corporate Client or of any other change whatsoever affecting this agreement within seven (7) days from the date of such change and indemnifies Yakkamen Group against any loss or damage incurred by it as a result of the Clients failure to notify Yakkamen Group of any change.
10. Severability
Where more than one Customer has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the price.
11. Governing Law and Jurisdiction
These terms and conditions are governed by the laws of the State of New South Wales and the laws of the Commonwealth of Australia which are in force in New South Wales. All disputes arising between the Client and Yakkamen Group will be submitted to a court of competent jurisdiction in New South Wales selected by Yakkamen Group and such court shall possess territorial jurisdiction to hear and determine such proceedings.
12. Deliveries
Yakkamen Group doesn’t accept any liability for any deliveries made by suppliers, for damages caused by delivery drivers or any negligence by the delivery driver
13. Product warranty
a) Yakkamen Group shall provide a warranty on all supplied products related to the installation on the date of the receipt;
b) The amount of warranty is set and back by the product supplier, for example; Colorbond may supply you with a 20 year warranty however a cheaper product may only supply you with a 12 month warranty, meaning depending on the product you choose, this will determine how much warranty you will receive
c) All customer supplied equipment installed by the Yakkamen Group is covered by an installation warranty only, items that are faulty or become faulty will be the customers responsibility. If the installer is required to return to remove/ reinstall any customer supplied equipment a fee may be charged.
d) The warranty extends from the date of the receipt for the period of time specified on the receipt. If no period has been specified, the warranty extends for a period of 12 months from
the date of receipt;
e) Yakkamen Group are not responsible for any outside influence or changes installation of the product installed
f) The warranty does not cover incorrect use or work undertaken by a person other than a Yakkamen Group;
g) The Warranty does not cover resetting of apps and/or passwords, trouble shooting issues not caused by Yakkamen Group or call outs – this a chargeable service call
h) Yakkamen Group reserve the right to have the first opportunity to rectify any damage to property or faulty equipment, within a reasonable timeframe.
i) Yakkamen Group liability other than this warranty shall be limited to the repair of damages caused or value thereof;
j) Yakkamen Group will endeavour to have a technician visit your premise within 14 days of a
warranty claim;
k) All stock/products shall remain the property of Yakkamen Group until such time as the total invoice amount shown on the invoice is paid in full.
l) Should any accounts remain in arrears and should these arrears then be handed to a debt
collection agency, the client named on the invoice shall be liable for any additional costs that may arise from the collection of these arrears
14. Workmanship Warranty
A workmanship warranty provides homeowners with coverage against workmanship or installation errors. This type of warranty generally covers about one year following the completion of the work.
If you have any queries about our terms and conditions on this website, you can contact us on:
Yakkamen Group
Email: info@yakkamen.com.au
Phone: 0452 444 777