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Terms and Conditions

Terms and Conditions of Trade

By engaging COTA Home Maintenance Services to perform services (“Services”) and/or supply materials (“Goods”), You (“the Customer”) agree to be bound by these terms and conditions.

General Agreements

Unless otherwise agreed in writing by COTA Home Maintenance Services the Customer must pay all invoices for Services and Goods (collectively known as “the works”) and other charges at the time of completion of works.  The Customer must pay the COTA Home Maintenance Services invoices in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising.

In the event of the Customer being unsatisfied with the completed works, the Customer agrees to allow COTA Home Maintenance Services an opportunity to rectify the said works.  Where the Customer refuses or otherwise prevents COTA Home Maintenance Services from rectifying the works, to the full extent permitted by law, the liability of COTA Home Maintenance Services to the Customer for the works shall be extinguished and the Customer will be liable to the COTA Home Maintenance Services payment in full of COTA Home Maintenance Services invoices.

The Customer expressly acknowledges and agrees that it has not relied upon, and COTA Home Maintenance Services is not liable for any advice given by COTA Home Maintenance Services, its servants, agents, representatives or employees in relation to the suitability for any purposes of the works.

To the full extent permitted by law, all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the works are hereby excluded, and to the full extent permitted by law COTA Home Maintenance Services will be under not liability to the Customer for any damaged (including but not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply or use of the works howsoever arising, even if due to COTA Home Maintenance Services negligence, or the negligence of the COTA Home Maintenance Services servants, agents, sub-contractors or suppliers.

These terms and conditions do not affect the rights, entitlements and remedies compulsorily conferred on the Customer under the Trade Practices Act 1974 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.

In the event that liability cannot be excluded, to the fullest extent permitted by law COTA Home Maintenance Services liability to the Customer shall be restricted at COTA Home Maintenance Services option to a refund of the invoiced amounts paid by the Customer to COTA Home Maintenance Services, or replacement of the works.   

The Customer agrees that it must within seven days of the date of delivery or completion of the works, give written notice to COTA Home Maintenance Services, with particulars of any claim that the works are defective or not in accordance with the agreement of COTA Home Maintenance Services and the Customer.  In the event that the Customer fails to give such notice within the said period, then to the full extent permitted by law, the works are deemed to have been accepted by the Customer and all claims by the Customer against COTA Home Maintenance Services for the works are extinguished and the Customer must pay COTA Home Maintenance Services for the works.

If any provision of the Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of the Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.

The Customer agrees to pay COTA Home Maintenance Services costs of recovering or attempting to recover from the Customer all outstanding charges, including any mercantile agent’s costs on a full indemnity basis.

Retention of Title

COTA Home Maintenance Services will retain title to (but not take risk in) Goods delivered to the Customer or installed on behalf of the Customer until COTA Home Maintenance Services has received payment for them and all other sums owing to it by the Customer.

COTA Home Maintenance Services right to retain title does not affect its rights as an unpaid Business entity.

If the Customer, fails to make any payment COTA Home Maintenance Services when due COTA Home Maintenance Services is entitled, and the Customer grants COTA Home Maintenance Services a license, to enter the Customer’s premises and land where the Goods are situated with or without notice and to re-take possession of and remove, at the Customer’s cost and expenses, the Goods in respect of which title has not passed to the Customer.  COTA Home Maintenance Services shall be entitled to use the Customer’s name and to act on the Customer’s behalf in exercising these rights and COTA Home Maintenance Services is not liable for any costs, losses, damages or other expenses suffered by the Customer or any third party in respect COTA Home Maintenance Services retaking possession and removing the Goods.  The Customer acknowledges COTA Home Maintenance Services is entitled to remove the Goods even if such removal would result in damage to a structure and the Customer acknowledges that COTA Home Maintenance Services will not be liable to the Customer for such damage, howsoever arising.

COTA represents the rights, interests and needs of older people. Therefore, we advise members DO NOT accept a "discount for cash" from any tradesperson, as this can often indicate that the tradesperson may be unscrupulous. COTA Home Maintenance Service operates mobile EFTPOS; and accepts all major credit cards, cheque and money order. In every case, the contractor will have a review of completed work with you and ensure that the work has been carried out to your satisfaction before settling the account. Also, all work is accompanied via a formal written and receipted account, once payment has been made.

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