CLEVER BUILDING SOLUTIONS Pty. Ltd - TERMS AND CONDITIONS OF TRADE

1. Independent

1.1 You (“the Customer”) agree to be bound by these terms and conditions. By engaging Clever Building Solutions Pty Ltd (CBS) to perform services (“Services”) and/or supply materials

2. General Agreements

2.1 At the time of CBS rendering an invoice to the Customer, the Customer must pay the business’s invoices in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising. These terms are specified in the quote or contract and final payment is COD, upon job completion.

2.2 The customer grants CBS the right to enter premises to conduct works or other functions relating to the job for the duration of the job. This right is extinguished on job completion and full payment of any invoices. The customer will provide power, water and toilet facilities to CBS staff.

2.3 In the event of the Customer being unsatisfied with CBS ’s works, the Customer agrees to allow CBS an opportunity to rectify the said works. Where the Customer refuses or otherwise prevents the CBS from rectifying the works, to the full extent permitted by law, the liability of CBS to the Customer for the works shall be extinguished and the Customer will be liable to CBS for payment in full of CBS ’s invoices.

2.4 The Customer expressly acknowledges and agrees that it has not relied upon, and CBS is not liable for any advice given by CBS , its servants, agents, representatives or employees in relation to the suitability for any purposes of the works.

2.5 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, CBS 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. This clause does not limit CBS liability for damage they have directly caused

2.6 These terms and conditions do not affect the rights, entitlements and remedies compulsorily conferred on the Customer under the Trade Practices Act 1974 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.

2.7 In the event that liability cannot be excluded, to the fullest extent permitted by law, CBS’s liability to the Customer shall be restricted at CBS ’s option to a refund of the invoiced amounts paid by the Customer to CBS , or replacement of the works.

2.8 The Customer agrees that it must within seven days of the date of delivery or completion of the works, give written notice to CBS , with particulars of any claim that the works are defective or not in accordance with the agreement between CBS 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 CBS for the works are extinguished and the Customer must pay CBS for the works.

2.9 If any provision of this Agreement is judged invalid 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.

2.10 The Customer agrees to pay CBSʼs 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.

3. Retention of Title

Unless otherwise agreed in writing by CBS, the Customer must pay CBS's invoices for Services and Goods:

3.1 CBS will retain title to (but not risk in) Goods delivered to the Customer or installed on behalf of the Customer until CBS has received payment in full for them and all other sums owing to it by the Customer.

3.2 CBS ’s right to retain title does not affect its rights as an unpaid business.

3.3 If the Customer, fails to make any payment to CBS when due CBS is entitled 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. CBS shall be entitled to use the Customer's name and to act on the Customer's behalf in exercising these rights and CBS is not liable for any costs, losses, damages or other expenses suffered by the Customer or any third party in respect of CBS retaking possession and removing the Goods. The Customer acknowledges that CBS is entitled to remove the Goods even if such removal would result in damage to a structure and the Customer acknowledges that CBS will not be liable to the Customer for such damage, howsoever arising.

3.4 Outstanding Payments – If a customer has failed to make payment due on the date of completion CBS reserve the right to add to the invoice value daily interest of 2.75% of the amount due, until final payment is received.

3.5 CBS may ask for payment of materials in advance. This ensures materials are on site when required. To cover wastage and other factors, CBS will order more materials than required for the job. Any excess materials remain the property of CBS at the completion of the job.

4. Quotation, Deposit & Payment Requirements

4.1 All Quotations are valid for 60 days only

4.2 A deposit as outlined in the quotation is required upon approval of quotation. Deposits are non-refundable

4.3 Payment of the deposit can be made by cash, paypal or direct credit/deposit

4.4 Balance of the amount outstanding must be paid by cash, paypal, or direct credit/deposit

5. Buyers Responsibilities

5.1 All items subject to damage should be either cleared or protected to enable the tradesman clear access for the work to be performed without hindrance

5.2 If the buyer requests CBS to perform additional works, the buyer will be advised by a representative of CBS of the additional costs to be incurred to perform such works and must pay for these works on invoice.

5.3 All electrical and/or plumbing works must be carried out by a licensed electrician or plumber and arranged and paid for by the Customer.

5.4 Ensure work area is ready for work to commence on the agreed date. Seven days notice is to be provided if the area will not be ready for work to commence, or work to continue. Any delays without notice may incur a lost opportunity fee if CBS cannot utilise scheduled staff elsewhere.

5.5 If CBS staff attend site but are unable to carry out work as per the agreement due to instruction by the client, a full days wage for each employee is to be paid on top of the original contract.