Triple O Property Maintenance franchisees are independent proprietors
All Triple O Property Maintenance franchisees and contractors provide their customers with a workmanship guarantee. Triple O Property Maintenance (the franchisor) accepts no liability for or on behalf of its franchisees or contractors.
Terms and conditions of workmanship guarantee
By engaging a Triple O Property Maintenance professional to perform services and/or supply materials, the customer agrees to be bound by these terms and conditions.
The customer accepts that the Triple O Property Maintenance franchisee is an independent contractor and that the franchisee's franchisor is not a party to any agreement between the franchisee and the customer. The franchisor shall have no liability to the customer.
Unless otherwise agreed in writing by the franchisee, the customer must pay the franchisee's invoices for services and goods (collectively known as “the job” or "the works") and other charges at the time of the franchisee rendering an invoice to the customer. The customer must pay the franchisee's invoices in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising.
If the customer does not pay the Invoice at the completion of the job and an arrangement to pay late has not been agreed, then the customer will be liable to pay a late fee of $55.00 Inc GST after 7 days overdue. If payment of the invoice remains outstanding after 7 days then the franchisee will be entitled to charge the customer a further overdue fee of $55.00 Inc GST per 7 days overdue.
In the event of the customer being unsatisfied with the franchisee's works, the customer agrees to allow the franchisee an opportunity to rectify the said works. Where the customer refuses or otherwise prevents the franchisee from rectifying the works, to the full extent permitted by law, the liability of the franchisee to the customer for the works shall be extinguished and the customer will be liable to the franchisee for payment in full of the franchisee's invoices.
In the event that liability cannot be excluded, to the fullest extent permitted by law, the franchisee's liability to the customer shall be restricted at the franchisee's option to the labour cost; and a refund of part of the invoiced amounts paid by the customer to the franchisee, or replacement of the works.
The customer agrees that they must, within fourteen days of the date of delivery or completion of the works, give written notice to the franchisee, with particulars of any claim that the works are defective or not in accordance with the agreement between the franchisee 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 the franchisee for the works are extinguished and the customer must pay the franchisee for the works.
The customer agrees to pay the franchisee's costs of recovering or attempting to recover from the customer all outstanding charges, including any mercantile agent's costs and legal costs on a full indemnity basis.
Retention of Title
The franchisee will retain title to (but not risk in) goods delivered to the customer or installed on behalf of the customer until the franchisee has received payment in full for them and all other sums owing to it by the customer. The franchisee's right to retain title does not affect its rights as an unpaid franchisee.
If the customer, fails to make any payment to the franchisee when due the franchisee is entitled, and the customer grants the franchisee 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. The franchisee shall be entitled to use the customer's name and to act on the customer's behalf in exercising these rights and the franchisee is not liable for any costs, losses, damages or other expenses suffered by the customer or any third party in respect of the franchisee's retaking possession and removing the goods. The customer acknowledges that the franchisee is entitled to remove the goods even if such removal would result in damage to a structure and the customer acknowledges that the franchisee will not be liable to the customer for such damage, howsoever arising.