When working with Wally's Heroes you may be asked to agree to these terms and conditions.
PARTIES
These terms and conditions (“Conditions”) will apply to the purchase of the services by you (“Customer” or “you”) and "Walter Abt" with ASIC ABN 31976011841 trading as "Wally’s Heroes" a company registered in Neutral Bay, Sydney Australia with email address wally@wallysheroes.com telephone number 0401227551, (“Supplier” or “us” or “we”)
SERVICES
GENERAL
In order to provide the Services, and on confirmation of your Order, we will provide a specialist handyman (“Wally’s Heroes”) to provide the Services in terms of the accepted Order.
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation/Order, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation/Order; however, time shall not be of the essence in the performance of our obligations.
All of these Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
BOOKING TERMS
When you make a booking enquiry by phone/email, or through the booking enquiry form on our website, you will be required to acknowledge that you have read and understood these Conditions.
Once the time and date for an appointment has been agreed on and our availability has been confirmed, you will be given a one-hour arrival window.
Any cancellations or changes to bookings with regard to date and time must be made at least 24 hours in advance; otherwise, a cancellation fee may apply. You have the responsibility to make sure that Wally’s Heroes has been notified of any changes.
Any date(s) mentioned in estimates/quotes either in writing or over the phone are estimated dates only and we shall not be in breach of this agreement for failing to start or finish work by any date given in estimates/quotes.
If the Services requested prove to take longer than estimated/quoted due to unforeseen events, you will be charged accordingly at a cost that is first confirmed with you. Unless the amended cost is confirmed, we will not proceed with the Services.
Once the Services are completed, the Wally’s Heroes will ask you to assess the Services carried out and sign the work report, thus accepting that the job has been done to standard and indicating receipt of goods/materials purchased. The work report should not be treated as an invoice. The Wally’s Heroes office issues an official invoice, which is sent to you via email, as agreed within 24 hours from completion of the works.
Some of the Services we offer might require a site visit to be carried out prior to the provision of the Services. If such a site visit is required, we will let you know when you make a booking and will arrange a mutually convenient time for a Wally’s Heroes estimator to visit the property where the Services are required to be carried out.
MATERIALS
At the time Wally’s Heroes performs the Services, they may not have all the materials they need, in this case, we may need to purchase materials. If materials are available at local suppliers such as Bunnings, Mitre10 or Bills Board Factory, then the Wally’s Heroes will travel to the supplier, purchase materials and return to the property to continue the Services. If the materials are not available from a local supplier, the Wally’s Heroes will order the required materials and return on another occasion to continue to perform the Services.
We accept no liability in respect of late or non-delivery of materials by any third party in respect of this
CUSTOMER RESPONSIBILITIES
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
You will be responsible (at your own cost) for preparing the property for the supply of the Services, where necessary, making safe any appliances or equipment, removing (if you are able to) any items from the areas in the property where the Wally’s Heroes will be performing the Services, covering any items, furniture or fittings which you will not be moving, to protect them from dust or dirt, as well as for securing or removing any valuables, breakables or sentimental items by the date and time when Wally’s Heroes is due to commence the works. If you wish for us to carry out the protection and cover of your furniture etc, the Wally’s Heroes will charge an additional fee to carry out those works which will be added to the final bill.
You shall provide at your expense, clear access to the work area, all necessary electricity/water supplies that might be required to enable the operative to carry out the work. Additional charges might apply otherwise.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section.
BASIS OF PROVISION OF SERVICES
The description of the Services on our website, catalogues, brochures or other form of advertisement do not constitute a contractual offer to provide the Services.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed for the Services ordered, only upon us sending an email to you saying that the Order has been accepted or, if earlier, we provide the Services to you.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 15 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
If there is a problem with the Service, please contact us either by phone or email and explain the issue as soon as possible. Give as many details as possible regarding the issue, including pictures, where necessary.
WITHDRAWAL AND CANCELLATION
We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 15 days from the date of the quotation, (unless the quotation has been withdrawn).
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
If, due to circumstances beyond our control, including those set out in clause 13, we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
PAYMENT
The fees (“Fees”) for the Services are set out in the quotation and are on a time and materials basis.
In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services. We will undertake to advise you of any additional costs associated with the Services as soon as reasonably practicable prior to performing the Services.
You agree to pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us.
The Fees are exclusive of any applicable GST and other taxes or levies which are imposed or charged by any competent authority.
We will invoice you for payment of the Fees either:
when we have completed the Services; or
on the invoice dates set out in the quotation.
You must pay the Fees due into the bank account provided within the quotation/Order within 15 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
Time for payment shall be of the essence of the Contract.
Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
All payments due under these Conditions must be made in full without any deduction or withholding except as required by law and you cannot assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
Receipts for payment will be issued by us only at your request.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
CIRCUMSTANCES BEYOND A PARTY'S CONTROL
Neither of us are liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Conditions.
COMMUNICATIONS
All notices under these Conditions must be in writing sent by your email to wally@wallysheroes.com
NO WAIVER
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
SEVERANCE
If one or more of these Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Conditions (which will remain valid and enforceable).
LAW AND JURISDICTION
This Agreement shall be governed by and interpreted according to the law of Australia and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Australian NSW courts.