the fine print.
“Terms & Conditions”
Standard Terms and Conditions for Roaring Trade Group Pty Ltd ABN 19 622 209 456 (“RTG”)
Definitions
“RTG” means Roaring Trade Group Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Roaring Trade Group Pty Ltd.
“Client” means the person/s buying the Goods or services as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
“Goods” means all Goods or Services supplied by RTG to the Client at the Client’s request from time to time (where the context so permits the terms “Goods” or “Services” shall be interchangeable for the other).
“Price” means the Price payable (plus any GST where applicable unless specified) for the Goods as agreed between RTG and the Client.
“GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
Incorporation
These conditions govern every contract for the sale of Goods and/or the provision of Services by RTG to the Client, constitute all the Terms and Conditions agreed between them to the exclusion of all other Terms and Conditions.
No modification to these Conditions, whether put forward in the Client’s work order or otherwise shall bind RTG unless agreed to in writing by its authorised employee.
These Conditions supersede any Terms and Conditions which have previously governed contracts for the sale of Goods and Services by RTG to the Client.
Currency
Unless otherwise specifically provided, all monetary amounts contained in this Terms & Conditions are in Australian Dollars (AUD).
Quotations and Prices
Any Quotation provided by RTG, is understood to be an invitation to treat and does not constitute a contractual offer. All Quotations hold for thirty (30) days after issue, however, RTG may withdraw a quotation at any time.
Prices included in the Quotation are based on the specification(s), drawing(s) and/or request(s) by the Client. Should the specification or Client’s request change, then RTG reserve the right to vary the Quotation price.
All quoted prices are exclusive of GST unless otherwise stated.
The quote is based on a surface inspection and should extra works be required not specified in the quote, RTG cannot be held responsible. If extra costs are unavoidable, RTG will advise the client and agree the best way to proceed.
Variations
Rates may change without notice. Any change to a work (in whole or part) by the Client or RTG, including a charge or fee applied by RTG under these terms, may vary the total Quote Accepted value. The Client may be charged any difference between the original price and the new price, even if a confirmation email has been provided and/or agreement has been signed. Any supplier costs/pricing is out of RTG’s control and, if a supplier changes their costs, RTG will pass any changes onto the Client.
Parking and permits may not be indicated in the quote and will need to be included in the total invoice as required.
Progress Payment
Payment Terms: Projects require a deposit or payment in full depending on the type of project, materials and total cost of the works. The work is not guaranteed to start until a deposit has been successfully processed by RTG and the Client has received a formal confirmation from RTG in writing.
Deposit: The deposit is held against the job as a security deposit and is not applied to any invoice until the final payment is due. A deposit is payable no more than the due date specified on the deposit invoice.
Progress Payments: Progress payments are invoices issued once specific Goods are completed and are payable no more than the due date specified on the invoice.
Final payment: The deposit payment is added to the final invoice and the remaining balance is due no more than the due date specified on the invoice.
If payment is not received by the due date, RTG reserves the right to cancel the work according to RTG’s Cancellation Policy.
If funds are transferred into RTG’s bank account, The Client must notify RTG of the time, date and receipt number of the transaction and indicate the invoice number on the transfer. RTG is not responsible for any bank transaction fees or charges.
Delivery
The times quoted for delivery are estimates only and RTG accepts no liability for failure or delay in delivery of Goods. The Client is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of RTG.
Risk in the Goods passes on delivery to the Client.
Invoicing
RTG will provide the Client with a tax invoice in accordance with the GST Law in relation to the Fees/Work completed.
RTG will be entitled to invoice the Client: on completion of the Services.
Once RTG provides a valid invoice in relation to the work completed (“the Invoice”), the Client must make payment within the specifically provided timeframe: Due date on the invoice.
Late Payment of Invoice
If the Client does not make payment by the due date for payment as specified in the invoice, RTG will charge late payment fees on any amounts outstanding, at the rate of: 1.5% + GST per week thereafter and a $440 + GSTadministration fee.
If the Client does not make payment by the due date for payment as specified in the invoice, RTG may refrain from providing any further Services, or any other work for the Client or any other Services to the Client until the Invoice has been paid in full.
If the Client does not make payment by the due date for payment as specified in the invoice, RTG may require the Client to pay in advance for any future Services or any part of the Services which have not been performed.
If the Client does not make payment by the due date as specified in the invoice, RTG may engage with its legal representation and/or debt collection agency and/or submit a VCAT application and seek remuneration for the costs associated with following up the collection of outstanding funds. (It is important to note that when RTG provides a quote or final invoice for payment, it is assumed that payment will be made by the due date and no additional expenses are required to follow up payments. That is why the payment not made by the due date, will incur variation charges in line with the costs associated with follow-up).
Placing Job On Hold
After the acceptance of the quote, if the job has been requested to be put On Hold, before or during works will incur full costs for materials, labour worked to date, a $440 administration fee and any cancellation fees issued to RTG by our suppliers. Fees will be deducted from any deposits that have been made, if no deposit has been made, an invoice will be issued for the costs and payment will be due no more than the due date specified on the invoice.
Cancellation
After the acceptance of the quote, any cancellation of work, before or during works will incur full costs for materials, labour worked to date, a $440 administration fee and any cancellation fees issued to RTG by our suppliers. Fees will be deducted from any deposits that have been made, if no deposit has been made, an invoice will be issued for the costs and payment will be due no more than the due date specified on the invoice.
The Client can cancel and amend a service up-to 5 business days before the work is scheduled to begin.
If the Client cancels or amends a service within 5 business days before the work is scheduled to begin, the Client will have to pay cancellations cost as described in clause 10.1. If the Client cancels or amends a service on arrival of the Trade/s, after the start of the work/s or during the work/s, cancellation cost will be equivalent to the full payment the cancelled work/s unless the cancellation/s is due to justified unavoidable circumstances.
Without prejudice to any other remedies RTG may have if at any time the Client is in breach of any obligation (including those relating to payment) under these Terms and Conditions RTG may suspend or terminate the supply of Goods and/or Services to the Client. RTG will not be liable to the Client for any loss or damage the Client suffers because RTG has exercised its rights under this clause.
RTG may cancel any contract to which these Terms and Conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice RTG shall repay to the Client any money paid by the Client for the Goods. RTG shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Client cancels delivery of Goods, the Client shall be liable for any and all loss incurred (whether direct or indirect) by RTG as a direct result of the cancellation (including, but not limited to, any loss of profits).
Cancellation of orders for Goods made to the Client’s specifications, or for non-stock-list items, will definitely not be accepted once production has commenced, or an order has been placed.
Warranty and Claims
The Services will be performed by Trades who have the proper skills, training, knowledge and experience to perform any Services RTG provide. The Service will be performed with due care in accordance with any industry standards (Workmanship Warranty).
The Client should be aware that the Client is responsible for proper home maintenance such as maintaining contractor grades around the house. Damage caused by the Client negligence, improper maintenance or changes, alterations or additions performed by anyone other than RTG, or subcontractors directed by RTG is excluded from the warranty.
Should any defect develop during the warranty period due to improper materials, Workmanship or arrangement, the defect, including adjacent work displaced, shall be made good by RTG at no expense to the Client.
Goods purchased and installed by RTG may carry a Manufacturer Warranty. Clients understand that the Manufacturer is responsible for honouring any such warranty. RTG shall separately give a labor guarantee of 30 days so that RTG will not charge for labor on a 2nd/return trip if any equipment installed by RTG malfunctions within 30 days of install.
For twelve (12) months from the date of the completion of work and job invoice, RTG will repair, free of charge, defects in Workmanship for work performed under the Quote accepted and job invoiced. This warranty becomes effective when the works have been completed however warranty claims can only be made once payment in full has been received by and credited to RTG. Warranty repairs do not extend the original warranty period.
Warranty does not apply to maintenance repairs or retro fits.
The Workmanship warranty does not cover materials, including parts or components, provided by RTG as part of the Services (which may be covered by separate manufacturer warranties).
Service, repair or replacement under warranty shall only be available between the hours of 7.30 am to 4.00 pm Monday to Friday, and excludes public holidays, and the warranty does not cover modification, operator error, lack of routine maintenance, repairs not authorised by RTG, removal or installation of the product, normal wear and tear, deterioration, malfunction resulting from accident or power failure, misuse, negligence, or acts of nature.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and RTG is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Client for:
any increased costs or expenses;
any loss of profit, revenue, business, contracts or anticipated savings;
any loss or expense resulting from a claim by a third party; or
any special, indirect or consequential loss or damage of any nature whatsoever caused by RTG’s failure to complete or delay in completing the order to deliver the Goods.
12.10.If the Client wishes to make a claim under this warranty, it should: contact: The RTG Office on 0466 315 394; or by email on workorder@roaring.group providing details of:
your name, address and contact telephone number;
details of the services and the address at which they were provided;
an outline of the nature of the Workmanship defect claimed; and
evidence of the Workmanship defect
12.11.Where required by RTG, the Client must provide proof of purchase to make a claim under any warranty.
12.12.Any claims to be made against RTG for short delivery of Goods must be lodged with RTG in writing within seven (7) days of the delivery date.
Retention of Title
All equipment supplied and installed by RTG remains the property of RTG until all monies outstanding to RTG in connection with these Terms and Conditions have been paid. In the event of a default by the Client, then without prejudice to any other rights which RTG may have at law or under this contract:
RTG or its agents may without notice to the Client enter the Client’s premises or any premises under the control of the Client for the purposes of recovering the Goods.
RTG may recover and resell the Goods;
If the Goods cannot be distinguished from similar Goods which the Client has or claims to have paid for in full, RTG may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of RTG and the Client may be ascertained. RTG is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Client’s business howsoever arising from the seizure of the Goods.
In the event that the Client uses the Goods in some manufacturing or construction process of its own or some third party, then the Client must hold such part of the proceeds of the sale of such manufacturing or construction process as relates to the Goods in trust for RTG. Such part will be an amount equal in dollar terms to the amount owing by the Client to RTG at the time of the receipt of such proceeds. The Client will pay RTG such funds held in trust upon the demand of RTG.
Personal Properties and Securities Act 2009 (Cth) (“PPSA”)
Defined terms in this clause have the same meaning as given to them in the PPSA.
RTG and the Client acknowledge that these Terms and Conditions constitute a Security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of RTG over the Goods supplied or to be supplied to the Client as Grantor pursuant to these Terms and Conditions.
The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of “Other Goods” acquired by the Client pursuant to these Terms and Conditions.
RTG and the Client acknowledge that RTG, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Client, as Grantor, under these Terms and Conditions on the PPSA Register as Collateral.
The Client waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Client, as Grantor, to RTG.
The Client agrees to indemnify RTG on demand for all costs and expenses, including legal costs and expenses on a solicitor/client basis, associated with them;
registration or amendment or discharge of any Financing Statement registered by or on behalf of RTG; and
enforcement or attempted enforcement of any Security Interest granted to RTG by the Client.
The Client agrees:
that, to the extent permitted at law, nothing in sections 130 to 143 of the PPSA will apply to these Terms and Conditions or the Security under these Terms and Conditions;
to waive its right to do any of the following under the PPSA:
receive notice of removal of an Accession under section 95;
receive notice of an intention to seize Collateral under section 123;
receive notice of disposal of Collateral under section 130;
receive a Statement of Account if there is no disposal under section 130 (4);
receive notice of retention of Collateral under section 135;
redeem the Collateral under section 142;
reinstate the Security Agreement under section 143;
viii.object to the purchase of the Collateral by the Secured Party under section 129; and
receive a Statement of Account under section 132(3)
following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
Retention Money
Unless otherwise provided in writing in this tender, the purchaser shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation or completion of the goods or services supplied and installed by RTG or any of its representatives.
Indemnity
To the full extent permitted by law, the Client will indemnify RTG and keep RTG indemnified from and against any liability and any loss or damage RTG may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by the Client or its representatives.
Exclusions
The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site: which may include but not limited to: faults or deteriorations of the building structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the Quotation price.
The Quotation will exclude any items or tasks required but not listed to complete the works and it shall be the responsibility of the Client to provide such works. RTG may vary the quotation at the request of the Client to complete additional tasks.
General
These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of Victoria and the Commonwealth of Australia.
These Terms and Conditions contain all of the Terms and Conditions of the contract between the parties and may only be varied by Agreement in writing between the parties.
Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.
No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by RTG will be considered to imply or constitute a further waiver by RTG of the same or any other term, condition, right or remedy.
Photo Video
Your property or the area we will be conducting specific works in your property (excluding privacy information such as address, street name, personal belongings) may or may not be filmed and/or photographed for our internal processes and external marketing uses (website, social media channels, and print materials). We assume your consent to perform these actions. You have the right to withdraw your consent at any time.