Terms of Service for Building Maintenance Management

Welcome to Building Maintenance Management's terms of service! By using our services, you agree to the following terms and conditions:

Workmanship and Service Guarantee

Building Maintenance Management (“BMM”) provides customers with a guarantee on all workmanship and services performed by B.M.M, covering the labour component on any job. This guarantee is valid for up to 30 days after the job completion date (as specified on your BMM Tax Invoice). All materials, products, and parts used for each project are covered by their individual product warranty and, unless able to pass on any third-party warranties, BMM accepts no liability for, or on behalf of third-party product manufacturers. BMM, endeavour to use high quality endorsed and certified products; and wherever possible, encourage customers to select from a range of suitable product options presented to them.

GENERAL TERMS AND CONDITIONS OF TRADE

1. Contract of Engagement

1.1: By engaging Building Maintenance Management (“BMM”) to perform services and/or supply materials (“Goods”), you (“the Customer”) agree to be bound by the following terms and conditions.

1.2: Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all payments due to BMM.

2. Warranty and liability

2.1: The Customer agrees that it must within seven days of the date of delivery or completion of the works, give written notice to BMM, with particulars of any claim that the works are defective or not by the agreement between the BMM staff representative 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 BMM for the works are extinguished, and the Customer must pay BMM for the works.

2.2: In the event of the Customer being reasonably unsatisfied with the works completed, the Customer agrees to allow BMM the opportunity to rectify the said works. Where the Customer refuses or otherwise prevents BMM from rectifying the works within seven days of advising BMM in writing of the particulars of any defect, to the full extent permitted by law, BMM shall not be liable to the Customer, and the Customer must pay all invoices in full to BMM.

2.3: The Customer expressly acknowledges and agrees that it has not relied upon, and BMM are not liable for any advice given by BMM, its servants, agents, representatives, or employees about the suitability for any purposes of the works.

2.4: 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, BMM will be under no liability to the Customer for any damages (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 BMM’s negligence, or the negligence of BMM servants, agents, sub-contractors or suppliers.

2.5: If liability cannot be excluded, to the fullest extent permitted by law, BMM’s liability to the Customer shall be restricted at BMM’s option to a refund of the invoiced amounts paid by the Customer to BMM, or replacement of the works.

3. Payment of deposits and accounts

3.1: Unless otherwise agreed in writing, the Customer must pay the invoices for all Goods and Services (collectively known as “the works”) and any other charges as invoiced, at the time that the invoice is issued to the Customer, which is normally immediately upon job completion. The Customer must pay all invoices in full.

3.2: Unless otherwise agreed, full payment must be received and cleared in BMM’s nominated bank account within 30 days of the due date as specified on the invoice. Late payment fees shall be applied to all overdue accounts. A $50 Late Payment fee will be applied to all invoices more than 30 days in arrears.

3.3: The Client shall not be entitled to set off against or deduct from the total of the invoiced amount any sums owed or claimed to be owed to the Client for BMM.

3.4: Should the client wish to claim any such adjustment to be made to the amount owed to BMM by the Client, written notification of such claim must be received by BMM within seven days of invoice due date. Should an adjustment request be accepted by BMM, a new revised invoice will be i/78ssued by BMM to the client, and written notification will be made by BMM to the client making void the original invoice. Unless such written communication is made by BMM confirmation adjustment/revision of the invoiced amount, the original invoice remains intact, and the client is liable to pay the full amount of the original invoice within seven days or receiving written notification from BMM regarding the outcome of the Client’s invoice adjustment claim request. Late payment fees may be applied to the outstanding account from this date forward by provision 3.2 of this document.

3.5: If the Customer, fails to make any payment to BMM when due, the Customer agrees to pay all BMM’s costs of recovering or attempting to recover from the Customer all outstanding fees, including any mercantile agent’s costs and legal costs on a full indemnity basis.

4. Cancellation of scheduled works

4.1: BMM may cancel this contract at any time before the delivery of goods or services by giving written notice issued via email. BMM shall not be liable for any loss or damage whatsoever arising from such cancellation.

4.2: The Client may cancel the Works at any time of appointing BMM to undertake the work subject.

4.4: If the client wishes to cancel the scheduled “Works,” then the Client shall be liable for all reasonable costs incurred by BMM up to the time of, or as a direct result of the cancellation.

5. General

5.1: These terms and conditions will be governed by the laws of the state of New South Wales and the parties submit to the jurisdiction of this state.

5.2: If any provision of this Agreement is judged invalid, void, illegal 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 this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.

5.3: BMM shall be under no liability whatsoever to the Client for any indirect loss and expense (including loss of profit) suffered by the Client arising out of a breach by BMM of this contract.

5.4: These terms and conditions constitute the entire agreement between the parties