STANDARD TERMS AND CONDITIONS OF SALE (“the T&Cs”)
1. Definitions
In these Terms and Conditions:
a. “Claims” means any action, application, appeal, arbitration, cause of action, claim, complaint, cost, debt due, demand, determination, inquiry, judgment, suit, or verdict at law, in equity, arising under any statute, regulation, legislative instrument, contract, deed, or any other instrument made or approved under any law.
b. “Contract” refers to any contract or agreement, whether formal or informal, written, oral, or partly written and partly oral, formed between the Customer and PM&C.
c. “Customer” means the individual, business, partnership, or company entering into a Contract with PM&C, including that company’s successors and assigns.
d. “Party” means each party to the Contract, including PM&C and the Customer, and “Parties” has a corresponding meaning.
e. “PM&C” means trading as PERTH MOPS & CLEANS.
f. “Price” has the meaning stated in clause 4 h of these T&Cs.
g. “Services” means any products and/or services supplied by PM&C to the Customer pursuant to the Contract.
h. “Third Party” means any representative, person, company, or government authority holding funds or other entities acting on behalf of the Customer, including but not limited to real estate agents, settlement agencies, the REBA Tenancy Bond Trust Account.
2. Operation
a. These T&Cs apply to the Contract between PM&C and the Customer and are to be read in conjunction with any Contract. The continued operation of these T&Cs shall not be affected by any repudiation of any Contract or transaction related to the supply of Services.
b. The Contract is accepted by PM&C on the basis that it constitutes the entire agreement between the Customer and PM&C regarding the supply of Services, excluding all other terms, conditions, and representations, except those that cannot be excluded by agreement under legislation.
c. Any quotes or order forms given by PM&C do not involve any obligations by PM&C.
d. Any variation to these T&Cs or the Contract must be in writing and signed by both parties. From time to time, PM&C may review and amend these T&Cs of the Contract, and the Customer shall be bound by any variation which shall apply to the supply of any Services following the effective date of the variation. We reserve the right to refuse service to anyone for any reason at any time. We are not responsible if information made available on this site or invoice paper is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

e. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

3. Warranties
a. PM&C warrants that the Services will comply with any description in the Contract. PM&C is not required to supply Services that are not described in the Contract.
b. Unless specifically agreed in writing with the Customer, PM&C does not make any promises, assurances, guarantees, or representations that the Services comply with any standard.
c. To the fullest extent permitted by law, any prior representations, agreements, and arrangements, including representations as to the suitability of the Services, and any descriptions, illustrations, and material contained in any advertisement, website, catalogue, price list, or brochure are excluded from, and do not form part of, the Contract unless specifically stated in the Contract to the contrary.
d. Except as provided in these T&Cs, all express and implied warranties, guarantees, and conditions under statute or general law as to merchantability, description, quality, suitability, or fitness of the Services for any purpose or as to material or workmanship are expressly excluded.
e. PM&C is not liable for physical or financial injury, loss, or damage or for consequential loss or damage of any kind arising out of the supply of the Services or arising out of PM&C’s negligence in any way.
4. Customer’s Warranties, Acknowledgments, and Agreements
a. The Customer warrants that PM&C and PM&C’s representatives, servants, agents, employees, and contractors have full access to any property that is the subject of the Contract or Services.
b. The Customer has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance, or service provided or given by PM&C or anyone on its behalf regarding the services, other than those that are expressly contained in the Contract.
c. The Customer authorizes PM&C to take photos at any property that is the subject of the Contract and irrevocably grants PM&C a royalty-free license to use those photos for promotional purposes.
d. The Customer and the Customer’s family, friends, directors, employees, former directors/employees, contractors, agents, and any other person purporting to act on behalf of the Customer must not by any means make, publish, or otherwise communicate or disseminate any statement in relation to PM&C or the Contract that is derogatory of, critical of, or negative towards PM&C or that damages or is likely to damage PM&C’s reputation, in PM&C’s sole discretion. Damages are calculated as the difference in net income of the previous 30 days before the communication compared with the 30 days after the communication.
e. Acts and omissions of the Customer’s directors, employees, former directors/employees, contractors (except PM&C), agents, and any other person purporting to act on behalf of the Customer shall be treated as the Customer’s acts and omissions, even if they act outside their authority.
f. The Customer agrees to forfeit any deposit paid under the Contract in full to PM&C if PM&C is unable to access any property that is the subject of the Contract.
g. The Customer agrees to pay $50 to PM&C if the Customer misses an appointment with PM&C or provides less than 24 hours’ notice of cancellation of a Service or order under Contract.
h. The Customer shall pay to PM&C the price for the Services specified on the Order Form or invoice rendered by PM&C for the Services (“the Price”).
i. The Customer agrees to accept and pay the Price for the Services in accordance with these T&Cs.
j. The Price must be paid prior to PM&C providing the Services, unless otherwise agreed in writing by the Parties. Time of payment of the price of the services is of the essence of the Contract.
k. If the Customer fails to pay the Price or any part of the Price when due under the Contract or commits any other breach of the Contract, PM&C may, without prejudice to PM&C’s right to terminate the Contract:
i. Treat the Contract as repudiated by the Customer;
ii. Suspend delivery of the Services under any Contract with the Customer without incurring any liability whatsoever to the Customer in respect thereof, until such time that the payment is made or the breach is remedied.
21. Customer Payment Obligations
a. If the Customer fails to pay the Price or any part of the Price when due under the Contract:
i. All monies due to PM&C shall immediately become due and payable and shall be paid by the Customer within 7 days of the date of demand.
ii. PM&C shall be entitled to charge, and the Customer agrees to pay, interest at the rate of 5% per day calculated and compounded daily on the balance of all overdue amounts or overdue accounts, from the due date of payment until the date of actual payment, capped at 8X the original price.
b. The Customer authorizes any Third Party holding funds or acting on behalf of the Customer to pay PM&C for any amounts outstanding, including any interest and costs accrued.
c. Where the Customer has provided details of a debit or credit card for payment to PM&C in the Contract, the Customer agrees and authorizes PM&C to charge or make deductions from the debit or credit card to satisfy the Price or any part of the Price for the Services at any time without notice to the Customer.
d. The Customer warrants that it shall ensure that its nominated debit or credit card in the Contract has sufficient clear funds available to pay the Price or any part of the Price when due to PM&C under the Contract.
22. Costs Recoverable
a. Any expenses, costs, or disbursements, including debt collection agency fees, commission, and any fees paid to PM&C’s solicitors (on an indemnity basis), incurred by PM&C in recovering any outstanding monies shall be paid by the Customer on an indemnity basis.
b. The Customer hereby charges and mortgages in favor of PM&C to secure the repayment of any monies which may become owing by the Customer to PM&C hereunder all the Customer’s estate and interest in all property, both real and personal, present and future.
23. Delivery
a. Any time or date named and accepted by PM&C for completion, delivery, dispatch, or arrival of the Services or for tender of any documents is an estimate only and does not constitute a condition of the Contract or part of the description of the Services and is not of the essence of the Contract.
b. The Purchaser shall notify Perth Home Cleaners within 24 hours of service of any alleged shortfall in or loss or damage in relation to the Services.
24. Liability and Indemnity
a. PM&C is not liable for any loss of keys, lock replacement, or key return. Keys at all times remain the responsibility of the Customer.
b. PM&C shall not be liable to the Customer or any third party in contract, tort, warranty, strict liability, statute, or any other legal theory for any direct, indirect, consequential, incidental, punitive, or exemplary damages, or for any claim for loss of profits arising out of or in connection with the Services.
c. The Customer acknowledges that PM&C is not liable for any damage or defects attributable to the provision of services by a third party.
d. PM&C accepts no responsibility for any third party’s warranty or claim.
e. PM&C is only liable for expert advice which is:
i. Within the scope of the Contract;
ii. In writing; and
iii. Accompanied by a written confirmation stating PM&C is qualified to give the advice.
f. The Customer acknowledges that PM&C is not able to provide expert advice outside the scope of the Contract.
g. PM&C is not liable for any technical advice or assistance given in good faith, but which it is not contractually bound to provide.
h. The Customer indemnifies and holds harmless and shall continue to indemnify and hold harmless PM&C for any and all losses, claims, liabilities, damages, costs, and expenses including all reasonable legal fees and costs and any other legal or other expenses incurred by it in investigating or defending any action or threatened action(s) arising out of or in connection with the Services.
i. The Customer agrees that PM&C may plead these T&Cs as a bar to any relevant Claims.
j. PM&C will not be liable for any breach of the Contract due to any matter or thing beyond PM&C’s control. Furthermore, PM&C is excused from performing any term, covenant, or condition required by the Contract during the time and to the extent that performance is prevented when such performance is prevented wholly or in part by circumstances beyond PM&C’s control.
k. Clauses 25 to 38 inclusive survive the termination or natural expiration of the Contract.
25. Notices
a. Any notice to be given to the Purchaser shall be deemed to be given upon it being spoken or emailed to the Customer set out in the Contract or to the Customer’s last known address.
26. Assignment
a. The Customer may not assign or transfer or purport to assign or transfer any of its rights or obligations under or in connection with the Contract to any other person or corporation whatsoever.
b. PM&C may assign, sub-contract, or sub-let the Contract or any part of the Services without seeking the consent of the Customer.
27. Miscellaneous
a. All Contracts made between PM&C and the Customer shall be governed by and construed in accordance with the laws of Western Australia, Australia. The Purchaser agrees to submit to all issues by arbitration and then the exclusive jurisdiction of the Courts of Western Australia and courts of appeal therefrom for all purposes of or in connection with such Contracts.
b. Any waiver by PM&C must be in writing and signed by PM&C. Failure by PM&C to enforce any right or remedy is not a waiver of any right or remedy, or a waiver in respect of a continuing breach.
c. PM&C and the Customer shall execute such further documents and do any and all such further things as may be necessary to implement and carry out the intent of these T&Cs.
d. If any provision contained in these T&Cs is held by a court to be unlawful, invalid, or unenforceable, the validity and enforceability of the remaining provisions in these T&Cs are not affected.
e. The Customer hereby acknowledges receipt of these T&Cs, having read and agreed to be bound by them. The Customer accepts these T&Cs in acknowledgment that they are legally binding and presently enforceable. The Customer further acknowledges that the Customer has had the opportunity of obtaining independent legal advice and that the Customer understands the T&Cs outlined herein.
f. If there is a problem or disagreement between the cleaners (subcontractors or individuals) and the customer, PM&C is not responsible for any faults that the cleaners may have caused. PM&C reserves the right to deny or terminate service during the cleaning if the customer behaves inappropriately with the cleaners. Additionally, PM&C will not be liable for any loss or damages incurred by the customer as a result of the actions of the cleaners.