| 1.1 | The Client ("You") agree that on acceptance of the above quotation a contract is formed ("the Contract") pursuant to which any goods and services ("Services") provided by Million Dollar Makeovers ("Us" or "We") in relation to the above described Property (the “Property”) are in accordance with the above payment schedule and these terms and conditions. |
| 1.2 | If You decide not to proceed, a quoting fee of $500 (for a consult up to 5 hours) will be charged to You. After 5 hours work $220 will be charged per hour thereafter. If You do proceed these fees will be waived. |
| 1.3 | You cannot delete, amend or withdraw parts of the works to be carried out under the Contract (the "Works") unless is seen as necessary and up to the discretion and authorization of the CEO. Should a credit be given back, it will be at the contract value stipulated without margin and will incur a $500 processing fee |
| 1.3 | Once the Contract is signed and the renovation date booked a 6.5% deposit needs to be paid immediately. In the event You change your mind and repudiate your obligations under the Contract, the 6.5% deposit is forfeited as an agreed pre-estimate of the damages suffered by Us. |
| 2.1 | Variations
The Contract cannot be varied or altered except by agreement in writing by the parties. No variations to the estimated quotation are valid unless they are in writing and signed by both parties. All working drawings and schedules must be signed prior to the commencement of the Services. A total price is given in this contract and this is your invoice for the works therefore no invoices from suppliers or trades will be given You. Variations will incur a fee of $450 per variation due to rescheduling of trades and extra time taken. |
| 2.2 | Late Payment In the event you fail to make payment as required, You agree that in addition to any other rights We have, including to cease the Renovation, or exercise our rights under clause 12, You will pay us interest at 10% per annum from the due date for payment until the actual date for payment together with any debt collection costs including legal fees that may be incurred by us. If payment is subsequently made we reserve the right to re-quote on Services still to be completed. |
| 3 | Moving of Furniture Prior to commencement of the Renovation, You agree to remove all furniture and other items from the areas in the Property the subject of the Renovation. Or we can get furniture removalists at Your cost for you to remove and replace on your behalf. |
| 4 | During Renovation During the period of the Renovation You agree that You and all other occupants of the Property will move out of the Property, provide Us with full access to the Property, and notify Us when visiting the property during that period by prior appointment with us. Should you choose to remain in the property during renovations upon joint agreement with us, please note, that whilst we do our best endeavour to keep the property clean at all times, dust and mess from trades occurs as a natural process of renovations. Trades start from 7am so noise is a factor and we must have full access at the peak trade times between 7am-5pm |
| 5 | Our Discretion You agree that We retain the discretion on all aspects of the Renovation that are not specifically agreed in writing including, without limitation, in relation to colour coordination. |
| 6 | Delays While We will use our best endeavours to complete the Renovation within the time period estimated in our quotation, We will not be liable to You for any delay in carrying out the Renovation. |
| 7 | Insurances We agree to maintain insurances during the carrying out of the Renovation to cover loss, damage, injury or death arising in the course of the carrying out of the Renovation. We also maintain Home Indemnity Insurance & Public Liability. |
| 8 | Disputes All disputes or differences arising out of these terms and conditions or concerning the performance or the non-performance by either party of their obligations shall be decided as follows: Either party shall give notice to the other in writing of such dispute; At the expiration of fourteen (14) days from the date of receipt of such notice such dispute or difference (unless settled) shall be and is hereby referred to arbitration of a nominee of the Chairman of the Institute of Arbitrators and Mediators, WA Chapter Australia in accordance with the Commercial Arbitration Act 1985. |
| 9 | Disclaimer and Defects
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| 10 | Retention of Ownership
We reserve the following rights in relation to all goods supplied pursuant to the Services and/or the Works until all amounts owed by you to us are fully paid:
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| 11 | Charge over the Property
You hereby charge your interest in the Property for the due and punctual payment of all monies as and when due under the Contract and acknowledge that we are entitled to register a caveat over the Property to protect Our interest created by this charge should you not pay your accounts. |
| 12 | Contingency
We have not allowed for any contingency in your contract price, however due to the nature of renovation 'unforeseen' variations to the contract may arise. A standard figure of 10% should be set aside by You to allow for any ‘unforeseen’ or changes you may add that need to be included. |
| 13.1 | No Direct Dealings with Our Sub-Contractors
You acknowledge, agree and undertake that neither at any time before during the quotation process nor during the provision by Us to You of the Services and/or the Works, You will privately engage the services of any of our Sub-Contractors to undertake any private variation to the Services and/or the Works to be provided by Us to You under the terms of this Contract or any other separate and private services and/or works to your Property simultaneously with the carrying out by Us of the Services and/or the Works on your behalf under the terms of this Contract. |
| 13.2 | You acknowledge that any breach by You of the terms of this provision shall not only amount to a delay in the completion by Us of the Services and/or the Works to your Property, but also cause our other client's Services and/or Works to be further delayed by your unlawful use of our Sub-Contractors thus causing Us to suffer damages for which You acknowledge You will be entitled to be held fully liable inclusive of any legal or other costs incurred by Us as a result thereof. |
| 14 | Waiver, Indemnity & Release Consent
You hereby irrevocably consent to Us, filming and taking photographs of the Property before, during and after the Renovation to be undertaken by Us, and agree that We may use without any compensation being payable to You such film and photographs for promotional purposes including without limitation for:
You also consent to Us placing marketing signage for our Company on the Property during the Renovation and setting up of display furniture and "staging" for the purposes of photography and filming a time chosen by Us. |
We, _____________________________ of ______________________________ being the owners of the
Property and being authorised to do so, hereby accept this quotation and the payment schedule and terms
and conditions set out above which I confirm having read, and authorise Million Dollar Makeovers to
commence the Renovation upon receipt of the Deposit.
Signature(s): __________________________ Date: ______________________________________
Witness: _____________________________ Witness Name_______________________________
Signature(s): __________________________ Date: ______________________________________
Witness: _____________________________ Witness Name_______________________________