Website Terms and Conditions
The term '[business name]' or 'us' or 'we' refers to the owner of the website whose registered address is 19/1330 Ferntree Gully Road, Scoresby 3179. Our company ABN is 29 605 972 263. The term 'you' refers to the user or viewer of our website.
* The content of the pages of this website is for your general information and use only. It is subject to change without notice.
* Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
* Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
* This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
* All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
* Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
* From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
* Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
Contract Purchase Terms and Conditions
The Site refers to an ongoing Commercial or Domestic cleaning job, which we have won and are putting up for sale. The Purchaser is the prospective or actual purchaser of The Site.
Any information provided to The Purchaser is for the sole purpose of assessing the activities and market worth of The Site for acquisition purposes only. The Purchaser expressly undertakes not to divulge any information regarding its content to any other party other than their accounting, legal or financial advisors and will not photocopy or otherwise reproduce any information provided to them without the prior written consent of Cleaning Works. The Purchaser expressly undertakes not to use the information contained herein for any purpose other than acquiring The Site through Cleaning Works. The Purchaser expressly undertakes not to directly or indirectly contact anyone who works in, owns or is a client or supplier of The Site until ownership of The Site is transferred. The information is provided on the basis that it is presumed accurate and correct, however Cleaning Works and its officers disclaim any express or implied warranty thereto and recommend the purchaser makes their own due diligence accordingly. Acceptance of the information by The Purchaser constitutes acceptance of and acknowledgment of this disclaimer and The Purchaser is to make their own investigations as to the validity of the information provided. The Purchaser will be held liable for any breach of this non-disclosure agreement, and Cleaning Works will pursue The Purchaser to the full extent of the law to recover any lost income or revenue.
Prior to inspecting The Site, a deposit must be paid. If within 7 days of payment of the deposit, you opt not to inspect The Site, the deposit will be refunded in full. Once you have inspected The Site, the deposit becomes non-refundable, and the balance of the purchase of The Site must be paid in full within 7 days or the deposit is forfeited and The Site may be relisted for sale, unless otherwise stated under 'Additional Terms' on the reverse of this document.
Full payment is due on or before commencement of cleaning of the site. Non payment may result in forfeit of the site, and/or referring of the debt to a collection agency. Any costs associated with collection of outstanding monies will be added to the debt and will be payable by the purchaser. The Site remains the property of Cleaning Works until the purchase price has been paid in full, and Cleaning Works reserves the right to invoice the client on behalf of the purchaser until any outstanding monies are paid in full.
The Purchaser acknowledges receiving a copy of The Site cleaning schedule, which details all works to be carried out on the site, plus the sum that is charged to The Client for performing such duties as detailed. The Purchaser acknowledges that they have made their own determination of the time that it takes to perform the duties as outlined in the cleaning schedule, and Cleaning Works Agents/Employees will not be held liable for any discrepancies implied.
A warranty period may apply to the sale of The Site, and this warranty will be specified in a separate agreement. A copy of our current warranty agreement will have been provided to you for your reference, and is freely available on our website below. Contract warranties may change at any time. During the warranty period, any Agents/Employees of Cleaning Works are entitled to attend and inspect the site at any time, provided suitable arrangements are made with The Purchaser. Furthermore, any Agents/Employees of Cleaning Works may contact The Client directly at any time during the warranty period to ascertain the quality of work being provided to The Client, or at any time after a warranty claim has been submitted by The Purchaser. If The Purchaser claims any warranty, The Purchaser agrees that they no longer have rights to The Site and that The Purchaser will not contact The Client for any reason whatsoever, indefinitely and ownership of The Site reverts to Cleaning Works.
Cleaning Works Agents/Employees will not contact The Client with the intention of reclaiming The Site. Any contact made by The Client at any time after transfer of ownership to The Purchaser will be forwarded to The Purchaser.
An actual cleaning contract may be provided, however a signed specification acceptance or a verbal agreement may be provided in it's place. This acceptance or verbal agreement is not for any fixed period, and therefore no length of agreement is implied.
At times we might be contacted by The Client requesting additional work to be completed, or perhaps raising issues with the cleaning of The Site. In turn, Cleaning Works will forward this information onto The Purchaser in a timely manner, and assist where possible to ensure these requirements are suitably met.
If the cleaning of The Site is deemed inadequate by The Client, a formal written breach notice may be issued to The Purchaser to rectify the issues that have been raised by The Client. The Client reserves the right to cancel cleaning of The Site at any time due to non-performance or negligence, and in turn Cleaning Works reserves the right to resell The Site if the Client allows us to do so. Cleaning Works will not be held liable for any losses by The Purchaser in this case.
If any Cleaning Works Agents/Employees are required to attend The Site after transfer of ownership to rectify any issues, or to inspect the site, an hourly rate or fixed price may be charged. This charge will be determined by Cleaning Works and will be advised to The Purchaser prior to attending The Site, and will be invoiced to The Purchaser accordingly.
If The Purchaser opts to sell The Site at any time, Cleaning Works must be notified in writing prior to The Site being sold. Any warranties or guarantees are not transferrable, and The Purchaser loses any rights, warranties or guarantees on completion of the sale.
Cleaning Works, and/or it's Agents/Employees/Representatives cannot be held liable in any way for any loss or forfeit of The Site due to any negligence, non-performance, miscommunication or misinterpretation.
All cheques and payments are to be made payable to Cleaning Works. Cleaning Works recommends speaking with your legal or financial advisor prior to committing to any purchase agreement.
Warranty Terms & Conditions
The Purchaser is purchasing The Site from Cleaning Works for the sum as outlined (plus any GST), and understand all my rights and obligations in regards to the purchase of The Site. I confirm that I have read the Non-Disclosure, Privacy, Terms& Conditions. I understand my rights and obligations in regards to the warranty provided, and that any credit provided is not transferrable, or able to be redeemed for cash, but is only to be used towards the purchase of another site. Cleaning Works and/or Agents/Employees cannot be held liable in any way for any loss or forfeit of The Site due to any negligence, non-performance, miscommunication or misinterpretation.
1) A warranty period may apply to the sale of The Site, and this warranty is stated on the reverse of this document. A copy of our current warranty agreement will have been provided to you for your reference, and is freely available on our website. Contract warranties may change at any time, and will be updated on our website. The terms and conditions on our website are deemed as being the most up to date.
2) Any credits provided are calculated on a reducing scale, up to the period as outlined on the reverse at a rate of (Purchase Price x (1 -(Period Serviced / Warranty Period))), where Period Serviced is the number of months ( or part thereof rounded up to the next month ) the site has been serviced by The Purchaser, and Warranty Period is as per outlined on the reverse.
3) A maximum of 50% of credit is able to be utilised towards any one purchase. When utilising credit in a purchase, up to 50% of the new purchase price can be credit.
4) During the warranty period, any Agents/Employees of Cleaning Works are entitled to attend and inspect the site at any time, provided suitable arrangements are made with The Client and The Purchaser.
5) Periodical cleaning audit inspections are to be conducted on any Site provided with a warranty, and are to be performed by a qualified Cleaning Works auditor at the rate of one inspection per year for every $5,000 of income of the contract. Any inspections performed are chargeable to The Purchaser on a per inspection basis, at the current rate as stated on our website.
6) Agents/Employees of Cleaning Works may contact The Client directly at any time during the warranty period to ascertain the quality of work being provided to The Client, or at any time after a warranty claim has been submitted by The Purchaser.
7) If any warranty is effected, The Purchaser acknowledges that they no longer have any rights to The Site, and no further warranty will be available. Furthermore, the full ownership over The Site reverts to Cleaning Works including the right to resell The Site to the other potential buyers.
8) At times we might be contacted by The Client requesting additional work to be completed, or perhaps raising issues with the cleaning of The Site. In turn, Cleaning Works will forward this information onto the The Purchaser in a timely manner, and assist where possible to ensure these requirements are suitably met.
9) The Client may request that we attend The Site to perform a cleaning audit inspection or to review any issues, this attendance is chargeable by Cleaning Works to The Purchaser at a reasonable hourly rate, regardless of whether a warranty period is in place.
10) A warranty claim must be made in writing, and sufficient proof is required in order to make a claim. If Cleaning Works are unable to obtain sufficient information to support the warranty claim, we reserve the right to deny the claim. Any monies owing to Cleaning Works at the time of the warranty claim will be deducted out of the credit provided.
11) Any credit provided is not transferrable or able to be redeemed for cash, and is only to be used towards the purchase of another site (up to 50% per purchase). Cleaning Works cannot guarantee that The Purchaser will be provided another suitable site within any set period of time in order to utilise their warranty credit, however the warranty credit provided never expires and can therefore be used whenever The Purchaser selects a suitable contract.
12) Any warranties provided are not transferrable to any other party, and The Purchaser loses any rights, warranties or guarantees if The Site is transferred to another party.
13) The Purchaser cannot sell or transfer The Site to a third party without written consent of Cleaning Works.
14) Cleaning Works, and/or it's Agents/Employees/Representatives cannot be held liable in any way for any loss or forfeit of The Site due to any negligence, non-performance, miscommunication or misinterpretation by any of our Agents/Employees or Representatives.
15) If any disputes arise in regards to any warranties, Cleaning Works' decision in regards to the warranty claim is deemed to be correct and final.
16) Domestic cleaning jobs carry no warranty whatsoever.
Warrantys are only available to purchasers who have signed a warranty agreement
At Fault Warranty: An 'At Fault' warranty is where the Contractor loses the site through their own negligence within a set period of time as per the warranty agreement. If no period is specified, then a period of six (6) months from signing of the purchase contract or commencement date, whichever is the first, is deemed as correct. The 'At Fault' warranty is only valid if we are able to resell the site to another contractor, at which point a standard credit of 30% of the new sale price will be applied to the contractor who lost the site. If we are unable to resell the contract, there is no warranty and therefore no credit.
No Fault Warranty: A 'No Fault' warranty is where the Contractor loses the site through no fault of their own within a set period of time as per the warranty agreement (eg; the client shuts their doors, moves overseas, etc) and therefore cannot continue cleaning. If no period is specified, then a period of six (6) months from signing of the purchase contract or commencement date, whichever is the first, is deemed as correct. A pro-rata credit is applied to the contractor at the rate as described in the calculation in item #2 above.