1. ABOUT THE WEBSITE

1.1. Welcome to https://www.itradesmen.com.au. The following terms and conditions apply to the use of the Website between You (the Customer, you, your) and Itradesmen Group (QLD) Pty Ltd ACN 628 356 061 (iTradesmen, we, us).

1.2. Please read these terms and conditions (the ‘Terms’) carefully. These Terms constitute the full and complete service agreement (the Agreement) between the Customer and iTradesmen for the provision of Services and will apply each time that you ask iTradesmen to perform its Services.

1.3. By using, browsing and/or reading the Website and/or accepting our quote or continuing to instruct us to proceed with works after receiving a quote, this signifies that the Customer have read, understood and agree to be bound by the Terms.

1.4. The Terms can be accessed via a link on our Quote, Invoice and Reports which will direct you to this page.

2. QUOTE AND INVOICE

2.1. Quotes provided by iTradesmen are valid for a period of 30 days from the date of the quote.

2.2. The quote(s) may be subject to change depending on: 2.1. whether the Services required by iTradesmen to perform changes; or the amount of work or Services the Customer requires iTradesmen to perform increases or is different to what the parties agreed before iTradesmen commenced the Services; or  during the provision of the Services it becomes apparent that the amount of Services iTradesmen will need to perform or the type of work that is involved is different to what iTradesmen agreed and iTradesmen could not reasonably foresee this before commencing the Services; or where an event or circumstances beyond the reasonable control of iTradesmen occurs which results in the scope of the Services or the manner/method that iTradesmen can provide the Services changing.

2.3. iTradesmen will use its best endeavours to provide the Customer with an accurate quote however the Customer acknowledges and agrees that quotes may be based on iTradesmen’s inspection and our inspection has been limited to those areas of the property fully accessible and visible to us. Faults and/or defects may be present and not detected in areas where the inspection was limited, obstructed or access was not gained.

2.4. Our Quote also excludes any latent conditions and any unforeseen faults and/or defects which may become apparent on commencement of works.

2.5. Our Quote will set out the Scope of Work (the Services) agreed to between the parties and iTradesmen will not be obligated to complete or accept any work that is outside of the Scope of Works.

2.6. iTradesmen may require that the Customer pay a deposit (the Deposit) in order to accept the Quote in which case the Quote will be referred to as an Invoice. iTradesmen has the discretion to decide whether to require a deposit and the sum of the deposit.

2.7. If iTradesmen requires a Deposit then you must pay the Deposit to iTradesmen before we commence works.

2.8. For ongoing works, iTradesmen may elect to issue invoices every seven (7) days of work completed unless otherwise arranged prior to work commencing.

2.9. You acknowledge that, unless the Quote specifically provides otherwise, the Services does not include services from contractors and or consultants such as a plumber, electrician, builder, carpenter, or engineer (Contractors) as such it is your responsibility to engage the Contractors under separate contracts for these services at your own cost.

2.10. If you are a new clients you are required to pay all Invoices on the date the Invoices are issued.

2.11. If you are an existing client, iTradesmen may allow you to pay all Invoices within 14 days of the date the Invoices are issued.

2.12. If payment of an Invoice is not received within 30 days of the date the Invoice was issued, iTradesmen may commence recovery action without further notice to you including engaging the services of a debt collector. iTradesmen may recover any costs it incurs in the recovery of unpaid invoices from the Customer as well.

2.13. iTradesmen is entitled to charge interest at the rate of 10% p.a. accruing each day from the date the Invoice is due until the date the funds are received by iTradesmen.

2.14. As security for the payment, performance and discharge of your obligations under this Agreement, you charge all of your present and future interest and all your present and future rights in relation to any land and personal property in favour of iTradesmen. You acknowledge that iTradesmen may register one or more financing statements in relation to its security interest under this Agreement and that such financing statement may be registered at any time. If permitted by the PPSA, you waive your rights under section 157 of the PPSA to receive notice of any verification statement relating to the registration of any such financing statement or any related financing change statement.

3. VARIATION TO SERVICES

3.1. You may request a change to any part of the Service but iTradesmen has absolute discretion to accept or decline any request for change the Services. If you request a change to any part of the Services, then iTradesmen reserves the right to change the Quote or Invoice.

4. ACCESS

4.1. If iTradesmen is not given access or has no access on the day that site access was agreed to then iTradesmen may charge the Customer a Variation Fee.

4.2. If furniture has not been moved to allow for a safe working space then iTradesmen may charge the Customer a Variation Fee.

5. SITE SAFETY

5.1. We take the safety of our workers and clients seriously on all our projects. Our construction sites are covered by our general safety plan prepared by WHS Consultants, which includes the following: 

5.1.1. Work method statements

5.2. Regular site cleans

5.3. Personal PPE

5.4. Public safety

5.5. Site safety signage

5.6. Hazard identification

5.7. Safety barriers

5.8. Exclusion zones

6. MINOR DEFECTS

6.1. Roof supply and installation 6.1.1. You acknowledge that although iTradesmen provides the roofing products, you are purchasing the roofing products as a result of your own investigation of the roofing products and that there is no defects liability period and iTradesmen Group is not obligated to do any repair to the roofing products. iTradesmen may in its absolute discretion elect to complete repairs to the roofing products on terms it determines in its absolute discretion.

6.2. If there are any minor defects (for example, light scratches on the roofing products) iTradesmen have the right to repair the minor defect.

6.3. If there are otherwise any other defects with respect to any Services provided by iTradesmen then we have the right to repair the minor defect. If requested by iTradesmen, the Customer must allow iTradesmen reasonable access to the property in order to carry out any repair works due to minor defects.

7. RISK AND PRE-EXISTING DEFECTS

7.1. You acknowledge and accept the risk of defects and deficiencies in your own property. iTradesmen is not required to investigate the suitability, quality, or fitness for purpose of existing or proposed building materials, drainage, or infrastructure at the Site.

7.2. You acknowledge and accept that repairs to pre-existing defects and/or structures carries inherent risk that any further works or repairs may not fix or repair or remove all existing defects.

7.3. You acknowledge and accept that defects, faults and leaks may be concealed or not capable of identification without a full invasive search therefore you accept that not all defects, faults and leaks can be identified or capable of being identified upon inspection.

7.4. iTradesmen will use its reasonable endeavours to determine the defects and/or faults but it may not be able to identify or determine all defects and/or faults or that any further works will completely repair any pre-existing defects and/or faults.

8. REPORTS

8.1. If the Services include a provision of a report from iTradesmen then this clause will apply.

8.2. Any report will be addressed to the Customer and may not be distributed to or used or relied on by any other person or entity without the prior written consent of iTradesmen. Reports will be dated and therefore any information in such report is correct as to the date of the report.

8.3. iTradesmen prepare a report for the exclusive use of the Customer. The report is specific to the particular property and for the purposes as described within the report (if any). The document cannot be used for any other reason.

8.4. Any party relying upon the report beyond its exclusive use and purpose as stated above, and without the express written consent of iTradesmen, does so entirely at its own risk and without recourse to iTradesmen for any loss or damage. iTradesmen has necessarily relied upon information provided by the Customer and/or their agents.

8.5. Any report must be kept in entirety, read in full and understood. Interpretations or conclusions made by others unless supported by an expressed written statement, interpretation, outcome or stated within the report cannot be the responsibility of iTradesmen.

8.6. The report or parts of it should not be used as part of a specification or design for a project or further works without prior review and agreement by iTradesmen.

8.7. iTradesmen’s advice is based upon the conditions encountered during an inspection. The accuracy of the advice provided by iTradesmen in any report may be affected by undetected defects and/or faults at the property. The advice may also be limited by budget constraints imposed by others or by site accessibility.

8.8. Any report is the property of iTradesmen. The report may only be used for the purpose for which it was commissioned and in accordance with these Terms. Unauthorised use of our reports in any form whatsoever is prohibited.

8.9. Every care is taken with the report as it relates to interpretation of defects and/or faults and recommendations or suggestions for repairs or additional works. However, iTradesmen cannot always anticipate or assume responsibility for:

8.9.1. Latent or pre-existing faults and/or defects;

8.9.2. Faults and/or defects that were not discovered or capable of discovery during an inspection; or

8.9.3. New faults and/or defects that arises at the property.

8.10. The Client acknowledges that: 8.10.1. iTradesmen has only been instructed to complete a visual inspection of the property.

8.10.1. A visual inspection may be of limited use to the Customer.

8.10.2. Where required iTradesmen will recommend to the Customer to conduct a more invasive inspection and/or testing. If the Customer declines such recommendation, then the Customer does so at its own risk.

8.10.3. Any report prepared by iTradesmen will not include other inspections, testing or assessments outside the scope of the report.

8.10.4. Any report prepared by iTradesmen will not include the inspection and assessment of items or matters that do not fall within the iTradesmen’s direct expertise.

8.10.5. Any inspection by iTradesmen only covers readily accessible areas of the property. The inspection did not include areas, which were inaccessible, not readily accessible or obstructed at the time of inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection.

9. CUSTOMER OBLIGATIONS

9.1. The Customer acknowledges and agrees to the following: 9.1.1. iTradesmen is entitled to undertake a job safety analysis before the commencement of any Service to assess the health and safety risk at the property.

9.2. iTradesmen may, either before or during the provision of the Services, not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of iTradesmen, a risk to health and safety.

9.2.1 Additionally, the Customer must provide clear instructions and information as requested in an expeditious manner;

9.2.2 be courteous and professional at all times to iTradesmen, its employees and sub-contractors;

9.2.3. ensure all payments are made in accordance with clause 2 in the timeframes requested by iTradesmen;

9.2.4. maintain open communication including raising any concerns or dissatisfaction as soon as possible and will not at any point in time derogate iTradesmen;

9.2.5. provide a safe working environment in and around the property;

9.2.6. advise iTradesmen prior to the commencement of the Service of any hazards, slippery surfaces and risks or dangers at the property;

9.2.7. maintain adequate public liability insurance;

9.2.8. provide iTradesmen with any security codes necessary to access the property if required;

9.2.9. remove any heavy items (such as furniture) if such items is likely to obstruct iTradesmen from performing the Services; and

9.2.10. provide iTradesmen with unencumbered and unobstructed access to those areas of the property requiring the Service.

10. LIABILITY

10.1. You release and indemnify iTradesmen and its officers, employees, sub-contractors and agents (those indemnified) from and against any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which any of those indemnified pays, suffers, incurs or is liable for arising out of or in connection with: 10.1.1. Any breach of this Agreement by you; and

10.1.2. Any breach of law or infringement of a third party’s rights; and Any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation, to the extent caused or contributed to by any act or omission of you.

10.2. The liability of a Party arising under and/or in connection with this Agreement will exclude any liability for indirect or consequential loss.

10.3. To the maximum extent permitted by law, the aggregate liability of iTradesmen in respect of any causes of action arising under or in connection with this Agreement, whether in contract, tort (including negligence), statute, equity or otherwise, is limited to an amount equal to the cumulative total Quote and Invoice paid or payable by you to iTradesmen.

10.4. You acknowledges that iTradesmen is only the repairer and installer and not the manufacturer of the products used, therefore although iTradesmen will use best endeavours to assist in any warranty disputes within a reasonable time, you hold iTradesmen harmless for any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which you suffer as a direct result of product which is defective or not fit for purpose.

10.5. Without limiting iTradesmen’s warranties and other obligations under this Agreement, iTradesmen agrees to assign to you, without additional cost, the benefit of iTradesmen’s service warranties.

11. LABOUR WARRANTY

11.1. This labour warranty covers only to the installation and/or repair Services provided by iTradesmen to you and does not extend to manufacturer’s warranty.

11.2. You may make a labour warranty claim within 12 months from the date of provision of the Services.

11.3. iTradesmen will contact you within 7 days of receiving a labour warranty claim.

11.4. If iTradesmen accepts the labour warranty claim, then iTradesmen will attempt to attend to the labour warranty claim within 14 days of receiving the labour warranty claim.

11.5. If you engage the services of a third party to complete any works, iTradesmen may choose not to honour the terms of this warranty and declare it void.

12. PRODUCT WARRANTY

12.1. From time to time the Services provided may include supply and installation of all or parts of a roof (the Product). In these circumstances, iTradesmen provides a product warranty on the following terms:

12.1.1. Warranty is only provided if the Product has not been tampered with by any other person or third party other than iTradesmen.

12.1.2. The Customer must provide an invoice with proof of works for any warranty claim.

12.1.3. If the Customer was provided with a Quote, this the Customer must provide a copy of the Quote (signed and returned at the time of the works).

12.1.4. The Customer must inspect the works on completion of the works.

12.1.5. If the Customer’s claim relates to the product being unsatisfactory or is not consistent with the quality or standard that was discussed with the Customer then the Customer must raise such claim (in writing to iTradesmen) within 48 hours of inspection of the completed works.

12.1.6. Customer cannot rely on this warranty provisions for a change of mind.

12.1.7. If the Customer has not paid its invoices in full then the Customer cannot rely on these warranty provisions.

12.1.8. The Warranty does not extend to water leaks or roofing repairs unless the Services include a permanent repair to the rook or leak and this has been expressly noted in the Scope of Works in the Quote.

12.1.9. If the Customer’s claim relates to roof repairs then the warranty does not extend to new faults or pre-existing defects or faults or faults located within a different part of the roof that was not repaired by iTradesmen.

13. COMPLAINTS

13.1. At iTradesmen, we aim to provide you with quality services at all times. If you feel you have received unsatisfactory service, we take this very seriously and want to hear from you. If you are dissatisfied for any reason with the Services provided, we encourage you to make all reasonable efforts to inform iTradesmen as soon as possible.

14. DISPUTE RESOLUTION

14.1. Objectives 14.1.1. The Parties agree to use reasonable commercial efforts to resolve by negotiation any problem that arises between them under this Agreement. Neither Party will resort to legal proceedings until the following process has been exhausted, except if it is necessary to seek an urgent interim determination.

14.2. Each Party will bear its own costs in relation to its participation in any dispute resolution process. Costs resulting from the engagement of a mediator under this clause will be equally shared between the Parties.

14.2.1. Notification

14.2.2. If a dispute arises (including a breach or an alleged breach) under this Agreement, then the Party disputing the issue will provide the other Party with written notice of the nature and details of the dispute. If the dispute is not resolved at an operational level or is sufficiently serious that it cannot be resolved at the operational level, parties will submit the matter to mediation. If the parties cannot agree to a mediator then a mediator is to be appointed by the Law Society of Queensland.

14.3. Continued Performance

14.3.1. Notwithstanding the existence of a dispute, you must pay any portion of the Invoice and Quote that is undisputed.

15. RIGHT TO SUBCONTRACT

15.1. iTradesmen may from time to time subcontract all or part of its Services to a third party without the consent of the Customer.

16. FORCE MAJEURE

16.1. iTradesmen will have no liability under and will not be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of iTradesmen (a force majeure event).

16.2. If a force majeure event occurs, then iTradesmen will notify you when such circumstances cause a delay or failure in performance and when they cease to do so.

17. ENTIRE AGREEMENT

17.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements, and understandings.

18. SET-OFF

18.1. You may not reduce any fees or other charges or costs payable to iTradesmen under this Agreement. iTradesmen may set-off any amount payable by you to iTradesmen under this Agreement against any other amounts payable by iTradesmen to you.

19. RELATIONSHIP OF PARTIES

19.1. Nothing in this Agreement gives rise to any relationship of agency, partnership, employment or otherwise between the parties.

20. APPLICABLE LAW

20.1. The laws of the State of Queensland govern this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.